United States: USCIS Announces Upcoming Changes to E-Verify

In the coming months, E-Verify employers can expect to see changes to the online verification system, including additional government monitoring to ensure compliance with program rules and new measures to combat identity fraud and employment discrimination.

U.S. Citizenship and Immigration Services (USCIS) is planning important changes to the E-Verify online employment eligibility verification system, aimed at ensuring employer compliance with program rules and guarding against employment discrimination and identity theft. These new initiatives were announced at a March 17 briefing attended by Fragomen representatives and other stakeholders.

Over the next few months, the agency will implement measures to verify employer users of the system, detect misuse, and enhance system data. E-Verify’s Monitoring and Compliance Unit will begin to examine an expanded list of behaviors that indicate improper use of the system, and will create a mechanism to lock Social Security numbers when there is suspicion that they are being used fraudulently. USCIS will also begin to check employers’ legitimacy against commercial data sources. In addition, the E-Verify photo tool, which allows participating employers to verify certain employee photos against those stored in government databases, will be expanded to include data from the U.S. Department of State and various state departments of motor vehicles. Currently, the photo tool is limited to Department of Homeland Security documents.

Specifically for employees, there are plans for a “self-check” program and a hotline for employees who need to resolve problems with the system. USCIS also intends to continue its public education efforts. Two new video presentations, dealing with employer responsibilities and employee rights, are available at http://www.youtube.com/ushomelandsecurity.

Along with these new initiatives, USCIS is enhancing efforts against employment discrimination. USCIS and the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) have agreed on procedures that will make it easier to bring employment discrimination cases against employers. The two agencies will also share information about possible violations. USCIS will refer potential employment discrimination cases to OSC and OSC will provide information about misuse of the E-Verify system to USCIS.

What Employers Need to Do

In light of the USCIS announcements, we strongly urge employers participating in E-Verify to take steps to ensure that they are in strict compliance with program rules and the anti-discrimination provisions of U.S. immigration law. With many federal contractors and subcontractors now required participate in E-Verify, the consequences of non-compliance are more serious than ever.

If you have any questions about this alert or E-Verify in general, please contact your designated Fragomen professional or email us at compliance@fragomen.com.

Source: Fragomen

Israel: NIA Announces New Worksite Inspections, Increased Border Checks, and Higher Filing Fees

Israel’s National Immigration Authority (NIA) recently announced several new measures aimed at protecting the domestic labor market and lowering the country’s overall immigration rate. The NIA has started performing worksite inspections to ensure compliance with Israeli laws, increasing the number of border inspections, and increasing the government fees for immigration-related applications.

Israel’s National Immigration Authority (NIA), which was established in 2008 under the Ministry of the Interior to centralize the enforcement of the country’s immigration policies, recently announced several new measures aimed at protecting the domestic labor market and lowering the country’s overall immigration rate.

Worksite Inspections

The NIA has begun to perform worksite inspections of both local and multinational companies throughout the country. During these inspections, which are conducted with little advance notice, NIA inspectors audit an employer for full compliance with Israeli immigration and labor laws by examining whether valid and suitable visas exist for all foreign employees and business visitors; valid contracts of employment exist for foreign employees; there is evidence that foreign employees are covered by health insurance; foreign workers are being paid prevailing wages; and foreign workers’ housing arrangements comply with legal requirements.

Failure to pass an inspection may lead to criminal sanctions against both the employer and its managers, and may lead to a denial of future work visa applications. Employers are strongly encouraged to review their records and consider conducting internal compliance audits to help prepare for an NIA inspection.

Increased Border Control Inspections

Border control units have recently increased the number of inspections for individuals seeking entry into Israel. In many recent cases, foreign national employees and frequent business visitors have been detained by border control officials and denied entry for failure to hold a valid multiple-entry visa.

Prior to seeking entry to Israel, foreign nationals, or their employers, should confirm their exact visa type with their immigration service provider for Israel to ensure that it is appropriate for the purpose of their travel.

Government Fee Increase

The NIA has also doubled government fees for employment-based immigration applications, effective January 1, 2010. The fee increase applies to any application that was not sent to a consular post before that date. For example, the new government fee for B-1 “Foreign Experts” status will be NIS 10,290 (approximately US$ 2,755.50).

In preparing this alert, Fragomen worked closely with Kan-Tor & Acco Law Firm (Israel). The content herein is provided for informational purposes only.

Source: Fragomen

United Kingdom: Migration Advisory Committee Announces Tier 1 Recommendations

The United Kingdom’s Migration Advisory Committee (MAC) has recommended a number of changes to the country’s immigration programs for highly skilled foreign nationals under the Points Based System, including adjusting the points allocation for previous salary figures and lowering the minimum education requirement. The MAC’s recommendations will not take effect without further action by the UK government.

The Migration Advisory Committee (MAC), the United Kingdom’s independent advisor on migration issues, has recently completed a review of country’s immigration programs under Tier 1 of Points Based System (PBS) for highly skilled foreign nationals. The MAC confirmed that Tier 1 should continue to be used to attract the “brightest and the best” while reiterating that Tier 1 migrants should not displace or undercut employment opportunities of UK workers. As such, it recommended a number of changes to Tier 1. Because the MAC is not a rule-making body, its recommendations will not result in changes to the UK’s immigration policy unless further action is taken by the UK Border Agency or other governmental bodies.

Tier 1 (General) Recommendations

For the general Tier 1 category for highly skilled foreign nationals seeking to be employed or engage in self-employment in the UK, the MAC recommended:

• Allowing foreign nationals with a bachelor’s degree as their highest educational qualification to qualify for the Tier 1 (General) category provided they demonstrate sufficient prior salary levels. If adopted, this would be a reversal to the current policy under Tier 1 (General), which requires a graduate-level degree. If this recommendation is adopted, the previous salary requirements for applicants with only an undergraduate degree will likely be substantially higher than the requirements for applicants with a post-graduate degree or above.
• Reducing the initial duration of stay for Tier 1 (General) migrants to two years, from the current three years. The MAC also recommended that a three-year extension be available for those employed in highly skilled positions.
• That the UK Border Agency should consider allowing an employer to act as a guarantor for a Tier 1 applicant’s maintenance requirement (i.e., offer of financial support if needed). This would be similar to those situations where a Tier 2 employer may provide maintenance within the first month of a Tier 2 migrant starting employment.
• A rapid and thorough review of the salary multipliers used to convert a Tier 1 applicant’s previous salary figures into the UK equivalent.

With these recommendations, the MAC confirmed that Tier 1 should continue to be robust to deal with the changing global economy. The recommendations seek to update the models of calculating foreign salary figures to reflect the current UK gross domestic product per capita, rather than the 2002 levels currently being used for Tier 1 (General). They also seek to exempt applicants with a guaranteed job offer from having to demonstrate sufficient funds in their bank account before entering the UK.

Tier 1 (Post Study Work) Recommendations

Though the MAC acknowledged that the Tier 1 Post Study Work (PSW) category should remain open as a means of recognizing the value of international graduates to UK employers, it recommended that the UK Government commission a detailed analysis of the economic benefits of studying at particular institutions and studying particular subjects, then to review whether applicants from all qualifying institutions or studying any subject should continue to be treated the same under the PSW.

Tier 1 Entrepreneur and Investor Recommendations

The MAC confirmed that there is no current need to change the investment thresholds for either the Entrepreneur or Investor categories of Tier 1. However, it implied that there may be a need to increase the thresholds in the future because the financial thresholds under this category have not increased in line with inflation and global wealth. The MAC did recommend that, within the Entrepreneur category, individuals applying for extensions should provide evidence that they have created, or their investment has lead to the creation of, the equivalent of at least two new full-time jobs for persons settled in the UK.

Increased Enforcement

The MAC reminded the UK Government that immigration enforcement is important to maintain public confidence in the UK’s immigration regime. The concept of good enforcement was introduced by the MAC in its August 2009 report concerning Tier 2. The MAC now recommends:

• Follow-up enforcement activity to ensure that an individual leaves the UK when an application for leave to remain under any Tier 1 is refused.
• Where Tier 1 migrants are employed, adequate checks to verify that employers are viewing and regularly reviewing all relevant documentation and keeping appropriate records in accordance with legislation for the prevention of illegal working.

The MAC’s full report is available at here. The UK Border Agency and other governmental bodies will now review the MAC’s recommendations and are expected to announce whether and how those recommendations will be implemented in the near future. Fragomen is monitoring these developments and will issue updates as they become available.

The content of this alert is provided for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services or send an email to ukcaseinitiate@fragomen.com.

Source: Fragomen

United States: DHS Announces Numerous Workplace Enforcement Initiatives

The Department of Homeland Security has recently announced new and enhanced initiatives to enforce federal workplace immigration compliance laws, including more frequent I-9 audits and employer site inspections, stricter adjudication policies and an initiative to promote the E-Verify employment eligibility verification program to the general public.

In recent meetings with the business community and communications with Capitol Hill, the Department of Homeland Security (DHS) has said that it will be focusing on workforce immigration compliance, including stepped up Form I-9 audits by Immigration and Customs Enforcement (ICE), more visits from U.S. Citizenship and Immigration Services (USCIS) site inspectors, and a campaign to raise the public’s awareness about worksite compliance.

Increased Workplace Audits, Penalty Structure for Violations

Immigration and Customs Enforcement (ICE) announced last week that it has issued about 1,000 new I-9 audit notices to employers around the country. This latest wave of audits is a continuation of an initiative ICE began in July, when more than 650 employers underwent I-9 audits, more than in all of 2008.

Though ICE did not identify the employers that have received audit notices, it did say that they are in industries related to public safety, infrastructure and national security. In the past, ICE has spearheaded similar audit initiatives aimed at critical sites like airports, power plants, public utilities and related private businesses. The July 2009 audits were, in Fragomen’s observation, focused largely on employers in industries like construction, agriculture and food processing, which have a high rate of employment eligibility compliance violations.

ICE also released previously confidential information about how it determines fines for violations. Overall, the minimum and maximum penalties for these violations are set by statute and regulation, and can be as high as $1,100 per technical violation and $16,000 per knowing hire violation. The ICE guidelines do not change the broad outlines of this penalty structure, but they do provide a window into how the agency determines the specific fines to be assessed against an employer that is found to have violated federal workplace immigration compliance laws. Under the guidelines, fines will be higher if the number of violations is a high percentage of the total workforce. ICE also has the discretion to modify fines upwards or downwards by up to 25%, taking into consideration the size of the business, the severity of the violations, the employer’s efforts to comply with the law and other factors.

Expanded USCIS Fraud Unit Site Visit Program

At USCIS, newly-appointed Director Alejandro Mayorkas recently announced that the agency’s Fraud Detection and National Security (FDNS) unit would conduct up to 25,000 employer site visits in Fiscal Year 2010 — nearly 20,000 more visits than were conducted in FY 2009. Fraud unit site visits are used to verify information that employers and foreign nationals provide in immigration petitions. In the last several months, these visits have focused largely on H-1B petitions, but as FDNS widens the scope of its inspection program, it could investigate other nonimmigrant and immigrant case types as well. (For detailed information and answers to frequently asked questions about the site visit program, click here.)

These increased site visits were announced by Director Mayorkas in a letter to Senator Charles Grassley (R-IA). Shortly after the USCIS Director took office several weeks ago, Sen. Grassley requested information on efforts within the agency to combat immigration fraud. In response to the Senator’s request, Director Mayorkas also revealed USCIS plans to verify the business operations and financial viability of petitioning employers and to train USCIS adjudications in fraud and compliance issues.

New E-Verify Public Awareness Program

USCIS has also announced a new “I E-Verify” campaign to promote the E-Verify electronic employment eligibility verification system. USCIS will run public service announcements that recognize E-Verify participating employers and encourage American consumers to patronize these businesses.

Fragomen’s Perspective on the New Initiatives

The Obama Administration has made workforce compliance the focus of its immigration enforcement efforts. In April 2009, DHS Secretary Janet Napolitano announced that the agency would shift its enforcement focus away from undocumented immigrants and onto employers. DHS is approaching compliance and enforcement on many fronts, ranging from these expanded audits and site visits to stricter adjudication policies and increased incidence of requests for evidence (RFEs) by immigration examiners.

As the agency focuses on compliance, employers need to be prepared. Companies should review their employment verification and immigration compliance policies, and implement best practices to minimize risk. Human resources and immigration personnel should also familiarize themselves with internal records and procedures to prepare for possible government inspections and audits. With the likelihood of lengthier and more demanding immigration adjudications, companies should also expect to provide more detailed information during the petition process and prepare for possible delays in their ability to on-board foreign national employees.

The Obama Administration’s enforcement initiatives foreshadow some of its likely positions in the coming debate on comprehensive immigration reform. In the past, broad immigration bills have failed because of disagreements between supporters of greater enforcement and supporters of legalization programs for undocumented workers. Taking strong action against workplace immigration enforcement now could give the Administration a stronger position from which to negotiate a broader reform package.

Fragomen’s Corporate Compliance Practice Group continues to monitor agency inspection and enforcement activities and work with government officials to advocate the most sensible enforcement policies and practices. If you have any questions about this Client Alert, please contact compliance@fragomen.com or the Fragomen professional with whom you usually work.

Source: Fragomen