IMMIGRATION LAWYER - IMMIGRATION COMPLIANCE FOR EMPLOYERS

Visa Bulletins

Visa Bulletin for February 2008, hosted at the Visa Bulletin.

Systems to verify worker IDs set for overhaul (4/9/07) Government Executive

Link: Systems to verify worker IDs set for overhaul (4/9/07) Government Executive.

Homeland Security is updating it's so-called "verification information system," a database of immigration status containing more than 100 million records, according to a Federal Register notice published Friday. The system is the technical backbone for the Basic Pilot program, which employers can voluntarily access to verify that employees can work here.

Under the changes, employers now will be able to query the system using numbers assigned to workers on their permanent resident cards and employment authorization documents. Additionally, the department is testing another upgrade that would let employers compare photographs on worker ID cards to digitally stored photos.

Hypocrisy on Immigration - washingtonpost.com [Editorial]

Link: Hypocrisy on Immigration - washingtonpost.com [Editorial].

THE HYPOCRISY of U.S. immigration law was on lurid display last week in a raid on a defense contractor in New England. Accompanied by dogs and a helicopter swooping overhead, hundreds of Immigration and Customs Enforcement agents charged into Michael Bianco Inc., a leather-goods factory in New Bedford, Mass., that makes backpacks, ammunition pouches and other gear for GIs.

Company president, ten others, charged in worksite probe of Arizona drywall and stucco firm

Link: Company president, ten others, charged in worksite probe of Arizona drywall and stucco firm.

The president of a Sierra Vista drywall and stucco company and 10 others face state and federal criminal charges today following a multi-agency probe into allegations the business knowingly hired illegal alien workers and conspired with counterfeit document vendors to obtain fraudulent work authorization cards for those employees.

Those charged in the case include the president and seven other employees of Sun Drywall and Stucco, Inc., as well as three individuals suspected of supplying counterfeit work authorization documents to the company’s illegal alien workers.  The charges against the Sun Drywall employees include conspiracy to harbor illegal aliens and conspiracy to knowingly hire illegal aliens.  Those accused of supplying the counterfeit documents face state charges of identity theft.

The criminal charges, the first ever brought in a worksite enforcement investigation in Arizona, were announced today at a news conference in Tucson held by the agencies involved in the 16-month probe, including U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection Border Patrol, the U.S. Department of Labor Wage and Hour Division, and the Arizona Fraudulent Identity Task Force (AFIT).  The Cochise County Sheriff’s Office and the Sierra Vista Police Department assisted federal agents with today’s takedown.

Mass. Leather Goods Maker Hired Illegals - washingtonpost.com

Link: Mass. Leather Goods Maker Hired Illegals - washingtonpost.com.

While federal agents raided a New Bedford company looking for undocumented workers in 2005, an announcement blared over the loudspeaker at nearby Michael Bianco Inc. telling worried employees they were free to leave for the day.

About 75 people ran and hid _ some in boxes and others in their cars, said Melvin H. Graham, a special agent for U.S. Immigration and Customs Enforcement.

So said an informant who described for immigration officials what authorities called blatantly illegal hiring practices by the leather goods plant.

On Tuesday, 300 federal agents turned their attention on Michael Bianco Inc. itself. About two-thirds of the 500 workers were detained for possible deportation, and owner Francesco Insolia and three top managers were arrested.

Undercover informant working for immigration enforcement targets employers

Link: Immigration Crackdown Targets Bosses This Time - WSJ.com.

Early in April of 2005, a man whose friends knew him as César went looking for a job at a wholesale distribution hub near this upstate village. At a workshop run by IFCO Systems North America Inc., the nation's biggest recycler of wooden pallets, César let the boss know that he was in the country illegally, but would be trying to buy some fake "papers."

"That will work," said Robert Belvin, the 42-year old IFCO site manager.

What Mr. Belvin didn't know was that César was an undercover informant working for federal immigration enforcers. Or that he was wearing a wire.

Three Executives of National Cleaning Company Indicted for Harboring Illegal Aliens and Evading Taxes

Link: Three Executives of National Cleaning Company Indicted for Harboring Illegal Aliens and Evading Taxes.

Immigration and Customs Enforcement (ICE) and the Criminal Investigation Division for the Internal Revenue Service (IRS) announced the unsealing today of a 23-count felony indictment charging three Florida residents with conspiracy to defraud the United States and to harbor illegal aliens for profit, harboring illegal aliens for profit, and evading payment of Federal employment taxes.

The defendants, who did business as Rosenbaum-Cunningham International, Inc. (RCI) from 1997 until the present, are: Richard M. Rosenbaum, 60, of Longwood, Fla.; Edward Scott Cunningham, 43, of West Palm Beach, Fla.; and Christina A. Flocken, 59, of Longwood, Fla.

According to the indictment, the three operated a cleaning and grounds-maintenance service that contracted with theme restaurant chains and hospitality venues throughout the United States that was staffed predominantly with illegal aliens. The indictment alleges that, in addition to the Grand Traverse Resort and Spa in Acme, Mich., RCI's clients included venues such as House of Blues, Planet Hollywood, Hard Rock Café, Dave and Busters, Yardhouse, ESPN Zone, and China Grill, and that these clients paid RCI over $54,327,000 between 2001 and 2005. According to the indictment, by failing to collect and pay Federal income, Social Security and Medicare, and Federal employment taxes on the wages it paid to its workforce, RCI was able to evade payment of over $18,640,000 in employment taxes. The indictment charges that Rosenbaum, Cunningham and Flocken expended approximately 63 percent of these funds on operating RCI and divided the remaining 37 percent among themselves. The indictment further alleges they disguised the true nature of their activities and obstructed the IRS from performing its government functions by creating several shell companies and bank accounts to hide their excess funds. These excess funds were then used by Rosenbaum, Cunningham and Flocken to pay personal expenses for items such as luxury boats and vehicles, lavish homes and racehorses. The indictment also includes forfeiture allegations that notify the defendants that the government intends to seek forfeiture of the proceeds of their criminal conduct.

Additionally, ICE made approximately 195 administrative arrests of immigration status violators last night and this morning as part of this operation. This remains an on-going investigation. The present case is part of a continuing criminal prosecution against the principals and certain employees of RCI, Inc. Prior to today's indictment, Santiago Echaniz, a former Supervisor for RCI, Inc., pled guilty to a felony information charging harboring of illegal aliens and making a false statement on a tax return. In addition, former RCI employees Olfmara Maltos-Trevino and Miguel Martinez-Garcia pled guilty to aiding and abetting the unlawful employment of aliens, which is a Class B misdemeanor. Janie Schlagel also pled guilty to a two-count Indictment charging trafficking in means of identification.

"This case is an excellent example of the cooperative efforts of federal law enforcement agencies”, said United States Attorney Margaret M. Chiara. "The success of this investigation is due not just to the exceptional professionalism and diligence of the individual case agents, but also to the remarkable working relationship between U.S. ICE and IRS-CI." "Employers who brazenly violate our immigration laws will be held accountable for their illicit actions," said Assistant Secretary Julie L. Myers. "We know that targeting unscrupulous employers is crucial to deterring illegal immigration. Today's charges against RCI executives reflect the federal government's commitment to addressing the employment magnet for illegal immigration and ensuring businesses comply with our laws."

NPR : Web Site Accuses Companies of Illegal Hiring

Link: NPR : Web Site Accuses Companies of Illegal Hiring.

A California-based Web site is publicizing the identities of employers suspected of hiring illegal immigrants, and turning over that information to immigration officials.

Immigration raid fuels war of words - Opposing groups face off over immigration sweep

Link: Immigration raid fuels war of words in N. Houston | Chron.com - Houston Chronicle.

Disagreeing demonstrators dueled Saturday afternoon in a noisy but peaceful protest outside the Immigration and Customs Enforcement detention center in north Houston.

The two groups had opposing views on last week's ICE raid at Republic Waste Services, where more than 48 employees were detained and questioned about their immigration status.

Representatives of the Coalition in Defense of the Community, which comprises Latino and other activist groups, held protest signs and chanted "no more raids!" One sign read, "We are workers. Not Terrorists, Not Criminals."

Contractors walking immigration tightrope

Link: DenverPost.com - Contractors walking immigration tightrope.

Facing growing public criticism from activists opposed to illegal immigration, Colorado's construction contractors have begun to shed their reluctance to debate the issue publicly.

Contractors are joining a growing chorus of business leaders - including hotels, restaurants and agriculture - who say they are trying to hire only legal workers but lack a foolproof system for confirming an employee's legal status.

A company's best option is the beleaguered Basic Pilot Program, which uses Social Security numbers to verify worker eligibility. But federal authorities acknowledge that Basic Pilot can't reliably show when someone is misusing a citizen's identity.

As a result, the state's contractors say they are left with a difficult choice: Use Basic Pilot and risk hiring undocumented workers or aggressively profile prospective employees, which could lead to legal penalties.

Meatpacker: Immigration Raids Were Show (AP)

Link: Meatpacker: Immigration Raids Were Show - washingtonpost.com.

The head of meatpacker Swift & Co. said federal officials wanted a high-profile example of an immigration crackdown when they staged raids at its plants in six states in an identity theft investigation late last year.

President and CEO Sam Rovit said the government rejected the company's offer to help in the investigation months before the Dec. 12 raids.

 

"They were looking for a marquee to show the administration it was tough on immigration," he told the Greeley Tribune for a story published Friday.

Rovit denied knowingly hiring illegal immigrants and told the newspaper his company complied with federal hiring practices to check applicants' immigration status.

Issuing a Passport to Theater's Irish Realm - washingtonpost.com

Link: Issuing a Passport to Theater's Irish Realm - washingtonpost.com.

Murray, though, says she won't be eligible to work in the States again until March 2008, making the nurturing of an upstart theater company especially difficult.

The saga began in 2002, when Murray, who studied Russian at Dublin's Trinity College, was invited by the Library of Congress to curate a collection on Russian ballet luminary Bronislava Nijinska -- the subject of Murray's ongoing doctoral work. Murray says she entered the country with the plan that she would receive a long-term working visa -- and that in doing so, she stumbled into a legal morass.

Days after Murray's arrival, the Bush administration barred government institutions from hiring foreign nationals. Murray spent the next several months curating three collections while hurdling the Atlantic back and forth on traveler's visas.

Fearful of losing access to the Nijinska collection, Murray recalls, she applied for a three-year cultural exchange visa allowing her to remain in the country while researching and working for the library. She was granted it with one stipulation: She would be required to remain in Ireland for two years after the visa's expiration, so that her native country might benefit from her newfound knowledge of Russian dance.

Murray was hopeful that she eventually could get the two-year stipulation waived, but efforts were unsuccessful. "I was right up against the wall of bureaucracy," Murray says. "I just felt jinxed."

Officials raid Humble plant for illegal immigrants | Chron.com

Link: Officials raid Humble plant for illegal immigrants | Chron.com - Houston Chronicle.

An immigration raid took place early this morning at the Republic Waste Services  in Humble with 48 people taken into federal custody.

"We're conducting an enforcement action,'' said Luisa Deason, a spokeswoman with U.S. Immigration and Customs Enforcement.

Two buses marked as being with the Department of Homeland Security left the plant, located at 2010 Wilson at Marine,  at 9:07 a.m. after a raid that workers said began at least three hours earlier.

Immigration Raid Draws Protest From Labor Officials - NYT

Link: Immigration Raid Draws Protest From Labor Officials - New York Times.

An immigration raid at a huge North Carolina pork-packing plant provoked protests yesterday from union officials, who said the company, Smithfield Foods, had collaborated with the authorities searching for illegal immigrants to discourage its workers from organizing.

The dispute arose after Immigration and Customs Enforcement agents arrested 21 workers on Wednesday morning at the plant, in Tar Heel, about 80 miles south of Raleigh. The workers, 18 Mexicans and 3 Guatemalans, were in this country illegally and will be deported, immigration officials said.

Senators Question Immigration Raids Against Swift

Link: cbs4denver.com - Senators Question Immigration Raids Against Swift.

The Bush administration is taking heat for harm caused to a Colorado-based company during last month's largest-ever immigration raid, which netted almost 1,300 arrests of workers in six states.

Immigration officials on Dec. 12 arrested 1,297 workers, most on immigration charges, at Greeley, Colo.-based Swift & Co. meatpacking plants in Texas, Colorado, Minnesota, Iowa, Nebraska and Utah.

After a closed-door meeting Monday with Homeland Security Secretary Michael Chertoff arranged by Colorado Republican Sen. Wayne Allard, senators from the affected states said the raid exposed flaws in the federal government and in a program designed to help employers screen for illegal immigrants.

Among the concerns, senators reported, were that agencies can't share information about stolen identities and that programs designed to catch illegal immigrants allow many lawbreakers to slip through the cracks.

Bosses fight back in immigration debate

Link: Bosses fight back in immigration debate | www.tucsoncitizen.com ®.

Sheridan Bailey said he is tired of being painted as a greedy business owner who wants to get rich off cheap, immigrant labor and steal jobs from U.S. citizens.

Now, he's speaking out.

"I've had enough," said Bailey, who recently started the Arizona Employers for Immigration Reform. "Legislators aren't hearing anything from the people who are creating jobs. The only people talking are (extremists), the ones that want to hunt people down and send them back to Mexico."

In the past couple of years, Bailey has struggled to find workers for his steel fabrication company in Phoenix, he said. That is despite placing ads in newspapers and increasing his employees' wages to $18 an hour from $15.

Judge orders ICE to provide specifics on Swift detainees

Link: Rocky Mountain News - Judge orders ICE to provide specifics on Swift detainees.

A federal judge ordered immigration officials Friday to provide the names and whereabouts of at least 260 immigrant workers arrested during a raid at Greeley's Swift & Co. meatpacking plant.

U.S. District Judge John L. Kane also warned lawyers representing U.S. Immigration and Customs Enforcement that he is scrutinizing how they handled the detainees.

During a court hearing Friday in Denver, Kane ordered government lawyers to give details on detainees to lawyers representing workers.

In response to allegations that ICE agents denied detainees their due-process rights and coerced them to sign voluntary deportation orders after the Dec. 12 sweep, Kane ordered ICE to hold bond hearings within 48 hours for any jailed Swift workers who had not yet had such a hearing.

U.S. farmers burdened by immigration: Reuters poll

Link: U.S. farmers burdened by immigration: Reuters poll - Yahoo! News.

Nine out of 10 American farmers surveyed said they have an unfair burden to ensure the workers they employ are here legally, a process some believe should be better handled by the U.S. government, according to a Reuters poll released on Tuesday.

The agriculture industry has grown increasingly dependent upon immigrant workers -- employed at meat packing plants and dairy, fruit and vegetable farms -- to help prevent labor shortages. But up to 70 percent of U.S. farm workers are estimated to be undocumented, totaling about 500,000 people.

"We can check but we can't be the document police," said Rodney Buss, an Illinois tree farmer who suspects many of the agriculture workers in his area near Chicago are in the United States illegally.

Tax Paperwork for Household Help - washingtonpost.com

Link: Column: Tax Paperwork for Household Help - washingtonpost.com.

Before your household employee begins working, verify his identification and employment eligibility. National employers have made headlines recently when federal agents discovered that illegal immigrants using false identification were working in manufacturing plants. Don't get stuck in a similar legal mess.

On your employee's first day, you and your employee should fill out the U.S. Citizenship and Immigration Services (USCIS) Form I-9. Your household employee needs to provide acceptable documents, which are listed on Form I-9, that establish identity and employment eligibility. The completed form doesn't need to be submitted to any government entity, but should be kept on hand in case a government official wants to review it.

As an employer, you're also obligated to pay taxes. You may think paying your nanny or housekeeper "under the table" is an accepted practice, but the government thinks differently. Just ask Zoe Baird, nominated in 1993 as attorney general by then President Bill Clinton. Baird had to withdraw her name from consideration after it was discovered that she failed to pay the appropriate taxes for her nanny and driver. Both workers were also undocumented aliens.

If you fail to pay the appropriate taxes for your household employee and the government finds out, you are liable for paying all unpaid employer taxes and, possibly, interest and fines. You could also face prosecution.

Celebrity Chefs Face Visa Troubles - NYS

Link: Celebrity Chefs Face Visa Troubles - December 26, 2006 - The New York Sun.

Gary Sikka knew that it wouldn't be easy to hire a top chef for his new Midtown restaurant, Mint — he didn't realize that immigration laws would cause the process to take almost a year.

Mr. Sikka had tapped Rajan Safari, a renowned chef in India, but his restaurant had been open for 11 months before Mr. Safari walked in the door.

The city's booming economy, combined with the phenomenon of globalization, has increased demand in New York for celebrity chefs from other countries. But American immigration laws are having a tough time keeping pace. Handcuffed by increasingly restrictive immigration policies, restaurant owners across the city are struggling to bring top international chefs to their kitchens. Getting a visa is especially tough for workers from China, India, Mexico, and the Philippines.

Best Practices for a Corporate Immigration Program : from HR Management

Link: HR Management Article: Best Practices for a Corporate Immigration Program.

Lost deals. Underperforming operations. Bad PR. Preventable fines. The stakes surrounding your company’s handling of its immigration needs grow as its efforts to compete on a world stage intensify. Avoiding potential outcomes like these motivates companies to take a strategic view of their immigration management activities.

Towards this end, we offer 7 best practices from immigration professionals at five global corporations. We order them from the lowest threshold to implement to the highest.

[list has been condensed to headlines below, go to link above for full text]
1. Put Your Immigration Policies in Writing
2. Get Your Message Out and Never Stop
3. Invest in Training for Your Immigration Management Staff
4. Partner with other Stakeholders in Your Organization
5. Create an Immigration Intranet
6. Make Case Status Information Available Online
7. Automate Every Manual Task You Can

Swift Estimates Immigration Raids Cost Up To $30M

Link: cbs4denver.com - Swift Estimates Immigration Raids Cost Up To $30M.

Immigration raids that rounded up about 1,300 Swift & Co. workers at six meatpacking plants last month could cost the company up to $30 million, officials said Thursday.

Greeley-based Swift said its preliminary estimate of the one-time impact of the raids included $20 million in lost operating efficiency as new employees are retrained, plus up to $10 million to retain workers and offer hiring incentives to add back production employees.

University of Alaska Anchorage hopes no coach answers hockey ad

Link: adn.com | front : UAA hopes no coach answers hockey ad.

So why has UAA started a national search for a new head coach?

Surprised Seawolves fans are pondering that question after the university took out an ad in Sunday's paper and posted the job online.

It's a complicated story that involves the federal government and immigration issues that will likely take weeks, perhaps months, to resolve.

Employers' immigration pains - Los Angeles Times

Link: Employers' immigration pains - Los Angeles Times.

The raid of six Swift & Co. meat packing plants last week spotlighted the fine line employers face because of increased government scrutiny: Make sure your employees are in the U.S. legally, but don't push too hard to find out.

This time, federal inspectors detained 1,300 Swift workers suspected of providing stolen Social Security numbers to the company. But four years ago, the company's requirement that Latino job applicants provide proof of their legal status led to a $200,000 fine for discrimination.

PRESS RELEASE U.S. Immigration Officials Commence Employee Interviews at Six Swift & Company Facilities

Link: PRESS RELEASE U.S. Immigration Officials Commence Employee Interviews at Six Swift & Company Facilities.

Swift & Company today announced that this morning, agents from the U.S. Department of Homeland Security's Immigration and Customs Enforcement (ICE) division and other law enforcement agencies commenced employee interviews at six Swift & Company production facilities, located in Cactus, Texas; Grand Island, Nebraska; Greeley, Colorado; Hyrum, Utah; Marshalltown, Iowa; and Worthington, Minnesota, in connection with an investigation of the immigration status of an unspecified number of Swift workers. All the facilities except Hyrum are unionized. No civil or criminal charges have been filed against Swift or any current employees.

Swift & Company President and CEO Sam Rovit said: "Swift has never condoned the employment of unauthorized workers, nor have we ever knowingly hired such individuals.  Since the inception of the Basic Pilot program in 1997, every single one of Swift's new domestic hires, including those being interviewed today by ICE officials, has duly completed I-9 forms and has received work authorization through the government's Basic Pilot program. Swift has played by the rules and relied in good faith on a program explicitly held out by the President of the United States as an effective tool to help employers comply with applicable immigration laws."

Feds to go after firms hiring illegal immigrants | www.tucsoncitizen.com

Link: Feds to go after firms hiring illegal immigrants | www.tucsoncitizen.com ®.

The federal government is serious about cracking down on employers in Arizona who break the law by hiring illegal immigrants, a top-ranking immigration official said. Some businesses regard the fines they could face for illegal hirings as the price of doing business, so the government will pursue criminal charges against the worst violators, said Alonzo Peña, the new chief of investigations for Immigration and Customs Enforcement in Arizona. "If you knowingly exploit this system, you are going to jail," Peña said Wednesday. "We are going to go after the profits that you make. We are going to make an example."

Employers Use ‘No-Match’ Social Security Letters to Fire Immigrants - The NewStandard

Link: Employers Use ‘No-Match’ Social Security Letters to Fire Immigrants - The NewStandard.

Thick in the middle of a national debate over immigration, the Department of Homeland Security proposed in June that employers re-check the documents of millions of workers with mismatched Social Security numbers – and fire those who cannot resolve the discrepancy in 60 days.

Employer Information Bulletins - from USCIS

Link: Employer Information Bulletins - from USCIS.gov.

"The Office of Business Liaison publishes a series of Employer Information Bulletins. The date is the most recent revision date of the Bulletin:"

• About Our Office (105KB PDF)
• Guide for U.S. Businesses Hiring Temporary Employees from Outside the U.S. (149KB PDF)
• Guide for Hiring Foreign Nurses (133KB PDF)
• Aliens with Extraordinary Ability (O-1) and Accompanying/Assisting Aliens (O-2) (203KB PDF)
• Internationally Recognized Alien Athletes, Artists, and Entertainers (P-1/P-2/P-3), (269KB PDF)
• Q-1
  International Cultural Exchange Visitors; Q-2 Irish Peace Process
  Cultural and Training Program Visitors (“Walsh Visa Program”) (190KB PDF)
• Temporary Religious Workers (R-1), (172KB PDF)
• U.S. Employment of Canadian and Mexican Professionals under NAFTA (250KB PDF)
• LIFE Act/245(i) Adjustment (239KB PDF)
• Employment-based Permanent Residence (282KB PDF)
• The I-9 Process in a Nutshell (97KB PDF)
• General Information About the Form I-9 (24KB PDF)
• I-9 Documentation Review (122KB PDF)
• Nonimmigrant Classification Employment Eligibility and Reference Guide (553KB PDF)
• Temporary Evidence of Permanent Residence (96KB PDF)
• Employment Authorization of Foreign Nationals (121KB PDF)
• U.S. Employment of Citizens of the Freely Associated States, (123KB PDF)
• Penalties for Prohibited Practices (165KB PDF)
• Premium Processing Service and Expedite Processing (125KB PDF)

ICE Mutual Agreement between Government and Employers - Enrollment Information for Employees

Link: ICE Mutual Agreement between Government and Employers - Enrollment Information for Employees.

U.S. Immigration and Customs Enforcement (ICE) is responsible for enforcing the nation’s immigration and customs laws. One known vulnerability is the presence of undocumented workers who have secured jobs by fraudulent means, including presentation of false documents, completion of fraudulent benefit applications and theft of identities. To combat unlawful employment and reduce vulnerabilities that help illegal aliens gain such employment, the Department of Homeland Security (DHS) recently introduced the ICE Mutual Agreement between Government and Employers (IMAGE) program. The goal is to assist employers in targeted sectors to develop a more secure and stable workforce and to enhance fraudulent document awareness through education and training.