WOLFSDORF IMMIGRATION NEWSLETTER – MID-JULY 2009

FIRM ANNOUNCEMENT:
JUDGE BRUCE J. EINHORN JOINS
WOLFSDORF IMMIGRATION LAW GROUP AS OF COUNSEL

Wolfsdorf Immigration Law Group is pleased to welcome Judge Bruce J. Einhorn (ret.) as Of Counsel. In this capacity, he will advise on matters involving Federal Litigation, Removal & Appeals, Asylum, Refugee and International Law, practice areas in which he possesses an extensive and impressive background.

The Honorable Bruce J. Einhorn served as a United States Immigration Judge in Los Angeles for 17 years before retiring in 2007. Prior to that, he served as a special prosecutor and later as Chief of Litigation for the U.S. Justice Department’s Office of Special Investigations (“OSI”) in Washington, D.C. for over 10 years. He is world renowned for his dedication and contributions to international humanitarian causes and for setting judicial precedent in United States civil and immigration law. In addition to his remarkable record of public service, Judge Einhorn is a longtime civil rights activist and Anti-Defamation League leader.

Presently, Judge Einhorn is a Professor of International, Immigration, Asylum and Refugee Law at Pepperdine University in Malibu, CA, where he also serves as Founding Director of the law school’s Asylum and Refugee Clinic.

To read more about Judge Einhorn, please visit our website at: http://www.wolfsdorf.com/about_att_Einhorn.html.

 
WORKSITE ENFORCEMENT: RESOURCES FOR EMPLOYERS

Get Your I-9's in Order: Are you Ready for an I-9 Audit?
Register for a Wolfsdorf Immigration Law Group I-9 Webinar!

U.S. Immigration and Customs Enforcement (ICE) launched a bold, new audit initiative on July 1, 2009, by issuing Notices of Inspection (NOIs) to 652 businesses nationwide - which is more than ICE issued throughout all of last fiscal year! In April, ICE implemented a new, comprehensive strategy to reduce the demand for illegal employment and protect employment opportunities for the nation's lawful workforce. Under this strategy, ICE is focusing its resources on the auditing and investigation of employers suspected of cultivating illegal workplaces by knowingly employing illegal workers. The nationwide initiative is a direct result of this new strategy.

Wolfsdorf Immigration Law Group will be hosting an I-9 Webinar on the following dates:

* Thursday, July 30th, 2009 at 10.30 am
* Thursday, August 20, 2009 at 10.30 am

Presented by Bernard P. Wolfsdorf and Tien-Li Loke Walsh, the program will focus on training HR professionals to ensure that they are following immigration regulations when hiring U.S. workers. Issues covered include:

* New Requirements for I-9 Compliance - New M-274 Employer Handbook

* Avoiding Common Mistakes in the I-9 Process

* What to Do When ICE Comes Knocking At Your Door

* Why an Immigration Compliance Program is Essential To Safeguard Your Company

* Civil and Criminal Penalties for Managers, Executives and Senior HR Personnel

* E-Verify and Other Government Employment Eligibility Programs

* Protecting Against Discrimination Lawsuits When Complying With New Regulations.

Please contact Art Rivadeneyra at art@wolfsdorf.com for registration information.

If you are interested in more information about any of our I-9 webinars, other upcoming immigration seminars, conducting an internal I-9 or H-1B audit, please contact Art Rivadeneyra at art@wolfsdorf.com

See also blog by Bernard P. Wolfsdorf, President of the American Immigration Lawyers Association: ICE CRACKS AUDIT WHIP

EMPLOYMENT-BASED IMMIGRATION NEWS

1. Krispy Kreme Doughnut Company Incurs a $40,000 Fine for Immigration Violations & Enforcement Actions Increase Nationwide

It seems there is a hole in Krispy Kreme's immigration compliance doughnut. On July 7, 2009, U.S. Immigration and Customs Enforcement (ICE) and the Butler County Sheriff's Office in Ohio announced a $40,000 fine settlement reached with the Krispy Kreme Doughnut Corporation for violations of immigration laws. ICE conducted an I-9 inspection of Krispy Kreme after receiving information from the Butler County Sheriff's Office that the company had employed dozens of undocumented workers at one of Krispy's doughnut factories in Cincinnati.

In other news, ICE recently found that nearly a third of 6,000 American Apparel workers may lack work authorization. Dov Charney, CEO of American Apparel, said, "Many of these employees, some of whom have worked at American Apparel for as long as a decade, have been responsible, hard-working employees who have made significant contributions to the Company's growth and success. As a company that prides itself on being one of the last major apparel manufacturers still making clothing in the United States, at a 'sweatshop free' factory where we pay our garment workers some of the highest wages in the industry, it is the company's hope--and my personal hope as an immigrant myself--that these employees are able to confirm their work authorization so that they may continue to work at American Apparel. The company remains very proud of its track record as an advocate for the comprehensive reform of the country's immigration laws." ICE has also announced that as part of a new auditing initiative, 652 businesses around the country will be audited to determine their levels of I-9 compliance.

 More information on the American Apparel case is available at http://investors.americanapparel.net/releasedetail.cfm?ReleaseID=393357.

 ICE has also announced that as part of a new auditing initiative, 652 businesses around the country will be audited to determine their compliance. The notice is available at http://www.ice.gov/pi/nr/0907/090707cincinnati.htm.

2. More on E-Verify Federal Contractor Rule Delay

Following the announcement of the delay in the effective date of the new E-Verify rule until September 8, 2009, U.S. Citizenship and Immigration Services (USCIS) has instructed federal contractors not to use E-Verify to verify current employees until the rule becomes effective and they are awarded a contract that includes the Federal Acquisition Regulation's E-Verify clause.

The new final E-Verify rule will require federal contractors to agree, through language inserted into their federal contracts, to use E-Verify to confirm the employment eligibility of all persons hired during a contract term, and to confirm the employment eligibility of federal contractors' current employees who perform contract services for the federal government within the U.S.

 Frequently asked questions about the new rule are posted at http://www.uscis.gov/files/article/FAR_FAQ_13nov08.pdf.

3. China, India Employment-Based 2nd Preference Priority Dates Progress in August & the Department of State Determines FY 2009 Limits

The State Department's Visa Bulletin for August 2009 shows an October 1, 2003, cut-off date for both the China-mainland born and India EB-2 categories, which is close to a four-year jump from last month's cut-off date.

The third preference and "other workers" employment-based categories remain Unavailable; all other categories are Current. EB-3 visa numbers worldwide and for India, China, and Mexico are expected to remain unavailable for the remainder of this fiscal year at least. The EB-3 category for India could remain unavailable indefinitely.

This follows on the heels of news last month that the India and China EB-2 categories could become unavailable in August or September and remain unavailable indefinitely. The Department had explained that there is a backlog of at least 25,000 India EB-2 cases awaiting visa numbers. Charles Oppenheim of the Department of State's Visa Office reportedly stated that without legislative relief, the waiting time for Indian EB-2 applicants might be measured in years, even decades.

The Department also noted in the August 2009 Visa Bulletin that heavy applicant demand for numbers in the employment-based fourth preference is likely to require the establishment of a cut-off date, or the preference becoming "Unavailable," for September. The category can be expected to return to a "Current" status for October 2009, the first month of the new fiscal year.

Meanwhile, the Department of State has determined the family and employment preference numerical limits for FY 2009. The worldwide employment-based preference limit is 140,000. The per-country limit is fixed at 7 percent of the family and employment annual limits. For FY 2009, the per-country limit is 25,620. The dependent area annual limit is 2 percent, or 7,320.

The August Visa Bulletin is available at http://travel.state.gov/visa/frvi/bulletin/bulletin_4539.html.

4. 9th Circuit Rules That Revocation of I-140 Petition Trumps Portability

A recent decision by the U.S. Court of Appeals for the Ninth Circuit affirmed that U.S. Citizenship and Immigration Services (USCIS) may revoke its previous approval of a visa petition at any time for "good and sufficient cause." In Herrera v. USCIS, the court found that the plaintiff's changing jobs ("portability") did not shield her from revocation of her previously approved I-140 Immigrant Petition for Alien Worker, which USCIS had concluded was justified because of the company's small size (seven employees) and the agency's conclusion that the plaintiff did not perform managerial or executive duties.

For more on this case and its implications, see "Ninth Circuit in Herrera v. USCIS Rules That Revocation of I-140 Petition Trumps Portability," available at http://www.cyrusmehta.com/Print_Prev.aspx?SubIdx=ocyrus200979113434

DIVERSITY LOTTERY NEWS

5. The Department of State Releases DV-2010 Lottery Results

The Kentucky Consular Center has registered and notified the winners of the DV-2010 diversity visa lottery. Applicants registered for the DV-2010 program were selected at random from over 13.6 million qualified entries received during the 60-day application period that ran from October 2, 2008, until December 1, 2008. The visas have been apportioned among six geographic regions with a maximum of seven percent available to persons born in any single country.

During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or show two years of work experience in an occupation that requires at least two years of training or experience within the past five years.

Only participants in the DV-2010 program who were selected for further processing have been notified; those who have not received notification were not selected. The dates for the registration period for the DV-2011 lottery program will be announced in August 2009.

The highest number for any single country went to Nigeria, at 6,006. The country-by-country breakdown of DV-2010 registrations appears at http://travel.state.gov/visa/frvi/bulletin/bulletin_4539.html.

 *****

The Wolfsdorf Immigration Law Group is one of the largest immigration boutique firms in the United States. With offices on both the east and west coasts, the firm serves an extensive and diverse client base, ranging from Fortune 500 corporations to entertainers and leading academic institutions. Our large and dedicated staff of 50 employees ensures prompt and expert attention to your immigration law matters. For more information about any of the above-mentioned issues, or any immigration-related questions or concerns, please contact our team of professionals or your assigned Wolfsdorf professional at 1(800)VISA-LAW or (310)570-4088/(212) 899-5040 or contact us via email at visalaw@wolfsdorf.com

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Disclaimer/Reminder

This e-mail does not constitute direct legal advice and is for informational purposes only. The information provided should never replace informed counsel when specific immigration-related guidance is needed.

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