Immigration Update for the Week of February 13, 2012
New USCIS VIBE iUpdate Tool
iUpdate allows companies to register online to see how their basic business information has been reported by Dun & Bradstreet before they file visa petitions with USCIS. The iUpdate tool aims to decrease the number of unnecessary Requests for Evidence issued by USCIS due to incorrect company information. Read the full post here. (February 16)
E-Verify Self Check Now Available Nationwide
The availability of Self Check, which allows individuals to confirm their eligibility to work in the United States by entering the same information used by employers in performing E-Verify inquiries, has been expanded from 21 states and D.C. to all 50 states, plus Guam, Puerto Rico, the U.S. Virgin Islands, and the Mariana Islands. Read the full post here. (February 16)
Immigration Update for the Week of February 6, 2012
DOJ Offers Guidance to Employers Facing I-9 Audits
The Civil Rights Division of the Department of Justice recently issued a series of "dos" and "don'ts" for employers audited by Immigration and Customs Enforcement. Read the full post here. (February 9)
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New Directive Requires Single Work and Residence Permit for Non-EU Workers
By Sophie Maes of Claeys & Engels (the Belgium member of Ius Laboris)
An important new European Directive designed to facilitate migration of non-EU citizens was approved in December and has been officially published.
The legislation imposes significant obligations on EU member states in two respects:
- a single procedure for non-EU migrants to apply for a combined work and residence permit; and
- equal rights for third-country nationals working legally within the EU.
The Directive applies to all member states apart from Denmark, the United Kingdom and Ireland (which are specifically excluded).
Continue Reading...UK Extends Biometric Registration for Visa Applicants
By Andrew Osborne of Lewis Silkin (the UK member of Ius Laboris)
From the end of February 2012, the United Kingdom is extending the requirement to register biometric details to all non-EEA applicants within the country who are applying for visas of more than six months.
The UK government's move is in line with the European Union regulations specifying a uniform format for residence permits for third-country nationals. The UK was the first EU member state to implement the programme, introducing electronic residence permit cards for some immigration categories from November 2008. The new extension will complete the rollout to all in-country applicants with effect from 29 February 2012.
The UK's biometric residence permit card meets EU-specified security standards and includes features such as a digital photograph and an electronic chip holding fingerscan data. It also indicates the holder's immigration category, benefit entitlements and work restrictions.
Continue Reading...Immigration Update for the Week of November 28, 2011
United States: House Clears Bill Eliminating Per-Country Employment Visa Caps
The House of Representatives voted overwhelmingly in favor of passing the Fairness for High-Skilled Immigrants Act, bipartisan legislation that would abolish the per-country numerical limits on employment-based immigrant visas. Read the full post here. (December 1)
United States: Fiscal Year 2012 Cap for H-1B Visa Petitions Reached on November 22, 2011
U.S. Citizenship and Immigration Services (USCIS) announced on November 23, 2011, that the statutory H-1B cap for FY 2012 had been met and that USCIS will reject any cap-subject petitions for new H-1B workers received after November 22, 2011, regardless of when they were postmarked. Read the full post here. (November 29)
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Immigration Update for the Week of November 14, 2011
United States: President Obama Signs Legislation Allowing Issuance of the APEC Business Travel Card to Eligible U.S. Travelers
President Obama signed the APEC Business Travel Card (ABTC) Act, which will expedite travel in the Asia-Pacific region for qualified American travelers. Read the full post here. (November 17)
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Immigration Update for the Week of November 7, 2011
United States: Effective Date Approaches for Key Provisions of Alabama Immigration Legislation
A recent federal court decision has halted implementation of certain provisions of Alabama's HB 56, but the central requirement that employers use E-Verify remains intact and on schedule. Read the Littler ASAP here. (November 11)
United States: DHS Extends Temporary Protected Status for Hondurans and Nicaraguans
The Department of Homeland Security has announced an extension of Temporary Protected Status for eligible nationals of Honduras and Nicaragua for an additional 18 months, beginning January 6, 2012, and ending July 5, 2013. Read the full post here. (November 10)
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Immigration Update for the Week of October 10, 2011
United States: USCIS Releases FY 2012 H-1B Visa Petition Numbers Updates as of October 7, 2011
United States Citizenship and Immigration Services released updated H-1B visa petition numbers for Fiscal Year 2012, as of October 7, 2011. Read the full post here. (October 14)
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Conditions for Family Reunification Have Been Changed
Effective 22 September 2011 some new rules for family reunification apply. This will have consequences for family members who are non-EEA nationals (European Economic Area) accompanying a non-EEA employee to Belgium.
Spouses and "registered partners" of such non-EEA employees, as well as their children can obtain a residence permit by following a family reunification procedure, which could up until now take up to nine months.
The three main changes that have been made are:
- the foreign employee (non-EEA national) must have an income (which may not originate from public social security assistance) that is at least 120% of the Belgian minimum living standard income. This percentage was introduced to avoid abuses;
- this employee must have adequate housingthat meets basic safety- health- and living quality conditions;
- the notion "durable and stable relationship" (referring to "registered partners") is now expressly legally defined. Such relation is only proven if (i) the partners can prove that for at least one year they have lived legally together in Belgium or elsewhere, (ii) if they prove that they have known each other and have had regular contact for at least two years (instead of one year under the old legislation), or, (iii) if they have a common child.
With regard to the duration of the procedure, the decision on the residence permit must be taken within six months after filing the request.
Immigration Update for the Week of September 26, 2011
United States: Federal Judge Enjoins Portions of Alabama Immigration Law, With No Effect on E-Verify Provisions
A federal judge issued a ruling on a motion for preliminary injunction in the lawsuit filed by the U.S. Department of Justice against the State of Alabama challenging its recently enacted immigration law, House Bill 56. Read the full post here. (September 30)
United States: Report Tracks Prevalence of Unauthorized Work by H-1B Visa Holders
In its September 2011 Audit Report, the Social Security Administration's Office of the Inspector General set out to assess whether H-1B workers were properly using their Social Security numbers. Read the full post here. (September 27)