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The Office of the Chief Administrative Hearing Officer (“OCAHO”) for the Executive Office for Immigration Review (“EOIR”), in United States v. Clean Sweep Janitor Service, has reduced Clean Sweep’s fines from $12,623 to $6,750. Continue reading “Federal Government Fines Its Own Janitorial Service for I-9 Violations”
The increased popularity of renouncing your U.S. citizenship to avoid potential tax liabilities has resulted in a surprising fee hike by the U.S. Department of State. Although the hike is not unexpected, the fee increase of fivefold is. Sought to be a deterrent to discourage dual citizens from renouncing their U.S. citizenship, the fee increased from $450 to $2,350 on September 4, 2014. Continue reading “If You Renounce Your U.S. Citizenship, You Have to Pay the Piper”
Due to the ongoing armed conflict and the continuation of extraordinary conditions in Sudan, Secretary of Homeland Security Jeh Johnson extended Temporary Protected Status (TPS) for eligible nationals of Sudan for an additional 18 months, effective November 3, 2014, through May 2, 2016. Continue reading “Extension of Temporary Protected Status for Sudan”
The State Department has released the October Visa Bulletin showing the Employment-Based Second Preference (EB-2) Category for India with a priority date of May 1, 2009. Based on current demand, it is expected that the priority date could retrogress as far back as 2005, possibly as early as November. The high number of Indian-born applicants “upgrading” their filings from EB-3 to EB-2 is a major factor in the impending retrogression. Continue reading “EB-2 India: Retrogression Expected”
On September 15, 2014, United States Citizenship and Immigration Services (USCIS) announced that it has released “Frequently Asked Questions” and “How Do I” guides for Deferred Action for Childhood Arrivals (DACA) in Chinese, Korean, Tagalog and Vietnamese. Please visit Consideration of Deferred Action for Childhood Arrivals and follow the links for the new multilingual guides. These may also be accessed in Spanish at www.uscis.gov/acciondiferida. Continue reading “Deferred Action for Childhood Arrivals (DACA) FAQs and How To Guides Now Available in Multiple Languages”
EB-5 Immigrant Visas for Chinese nationals have been depleted through fiscal year 2014, but remain current for the new fiscal year beginning October 1. However, based on the assumption that U.S. Citizenship and Immigration Service (“USCIS”) will continue to approve EB-5 cases at the current rate, it is predicted that a cut-off date will be imposed during the second half of the fiscal year, possibly as early as May 2015. Continue reading “Immigrant Visas for EB-5 China Depleted”
Late last month, the U.S. Department of State announced that as of August 23, 2014, immigrant visa numbers for Chinese nationals in the EB-5 category would be unavailable through September 30, 2014. This notwithstanding, when the U.S. Department of State issued its October Visa Bulletin, the EB-5 category showed as current for all nationalities. Continue reading “The Infamous EB-5 Visa”
Grand America Hotel has agreed to pay a fine of nearly $2 million to avoid criminal prosecution for hiring employees not authorized to work in the U.S. The company will also cooperate with a Department of Homeland Security (“DHS”) investigation and will take steps to correct its hiring practices. Continue reading “Salt Lake City’s Only Five Diamond Hotel Fined $2 Million for I-9 Violations”
The year 2009 marked a dramatic change in Immigration and Customs Enforcement’s (ICE) workforce enforcement strategy. Up until 2008, ICE focused its enforcement efforts almost exclusively on illegal workers. For instance, ICE made 6,000 workforce enforcement strategy-related arrests in 2008; only 135 of them involved employers. Starting in 2009, however, ICE shifted its focus from illegal workers to employers who knowingly hired unauthorized workers. As part of its strategy of targeting employers, ICE began setting up centers around the country that are fully dedicated to I-9 audit work. Continue reading “The Rules of the Game Change As ICE Targets Employers”
On July 30, 2014, the U.S. Department of Justice (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued a technical assistance letter (TAL) in response to an employer’s request for guidance in how to address the instance where the employer had accepted more documents than necessary during the Form I-9 verification process. (See U.S. Department of Justice.) In its request for assistance, the employer specifically inquired whether it should “retain or destroy excess documentation.” Continue reading “DOJ Addresses the Anti-Discrimination Provision in Connection with I-9 Compliance”