Friday, November 20, 2009

1,000 more employers being investigated


I have blogged before about the current administration's increased enforcement of immigration laws at worksites.  The Department of Homeland Security (DHS) announced yesterday that it had issued NOIs (Notices of Inspection) to another 1,000 employers nationwide.  View the press release here.

The audits involve a detailed analysis of the employers' Forms I-9.  This form should be completed for every employee on hiring, and it verifies the employee's identity and work authorization.   

The press release also provides statistics since the incresed enforcement started last April:
  • 45 businesses and 47 individuals debarred;

    • 0 businesses and 1 individual were debarred during same period in FY 2008.


  • 142 Notices of Intent to Fine (NIF) totaling $15,865,181;

    • ICE issued 32 NIFs totaling $2,355,330 in all of FY 2008.


  • 45 Final Orders totaling $798,179;

    • ICE issued eight Final Orders totaling $196,523 during the same period in FY 2008.


  • 1,897 cases initiated;

    • ICE initiated 605 cases during the same period in FY 2008.


  • 1,069 Form I-9 Inspections;

    • ICE initiated 503 Form I-9 Inspections in all of FY 2008.


In July, ICE issued 654 NOIs to businesses nationwide in the largest operation of its kind before today - part of ICE's effort to audit businesses suspected of using illegal labor.

Statistics resulting from the 654 audits announced in July:
  • ICE agents reviewed more than 85,000 Form I-9s and identified more than 14,000 suspect documents - approximately 16 percent of the total number reviewed.
  • To date, 61 NIFs have been issued, resulting in $2,310,255 in fines. In addition, 267 cases are currently being considered for Notices of Intent to Fine (NIFs).
  • ICE closed 326 cases after businesses were found to be in compliance with employment laws or after businesses were served with a Warning Notice in expectation of future compliance.

The New York Times published an article on this subject today.  It notes that
The audits, however, have resulted in large-scale dismissals at the hands of employers, leaving the government one step removed.

In September, American Apparel, a clothing maker with a large garment factory in downtown Los Angeles, fired about 1,800 immigrant employees — more than a quarter of its work force — after a federal audit turned up irregularities in identity documents the workers presented when they were hired. 

Tuesday, November 17, 2009

H-1B cap count updated

USCIS has updated the H-1B cap count. As of November 6, 2009, CIS has received approximately 54,700 cases against the regular (non-Master's) H-1B cap. For more information, see the previous blog posts here.

Monday, November 16, 2009

December 2009 Visa Bulletin released


The US Department of State has released the new Visa Bulletin for December 2009. In family-based categories, there is very slight movement forward, but just by a few weeks or months in most categories.

Employment-based categories remain "Current" for all 1st preference applicants, and for 2nd preference from Mexico, Philippines, and countries other than India and China. 3rd preference and other categories are mostly unchanged from the November and October bulletins.  The only changes are that India EB-3 and 'other worker" categories move forward by 10 days.

Wednesday, November 11, 2009

US immigration launches campaign against human trafficking



US Immigration and Customs Enforcement (ICE) has launched an outdoor publicity campaign to raise awareness of the plight of human-trafficking victims in the United States.   The campaign, called "Hidden in Plain Sight,"  explains that human trafficking includes those who are sexually exploited or forced to work against their will.


Posters, billboards and transit shelter signs were rolled out last month bearing the slogan "Hidden in Plain Sight." They are displayed in Atlanta, Boston, Dallas, Detroit, Los Angeles, Miami, Philadelphia, Newark, New Orleans, New York, St Paul, San Antonio, San Francisco and Tampa.

ICE states

It is estimated that 800,000 men, women and children are trafficked around the world each year. These victims are trafficked into the commercial sex trade, and into forced-labor situations. Many of these victims are lured from their homes with false promises of well-paying jobs; instead, they are forced or coerced into prostitution, domestic servitude, farm or factory labor, or other types of forced labor.

ICE is asking for the public's help to remain alert to recognize and identify victims of modern-day slavery who are in our midst. They are domestic servants, sweat-shop employees, sex workers and fruit pickers who were lured here by the promise of prosperity. Ultimately, they are forced to work without pay and are unable to leave their situation. ICE is committed to giving them the help they need to come forward and help us end human trafficking with vigorous enforcement and tough penalties. As a primary mission area, ICE has the overall goal of preventing human trafficking in the United States by prosecuting the traffickers, and rescuing and protecting the victims.


For more information, see here.

Photo courtesy of http://www.flickr.com/photos/missy-and-the-universe/


Monday, November 9, 2009

New USCIS SAVE video released


US immigration has published a video explaining its Systematic Alien Verification for Entitlements (SAVE) program.  The SAVE website explains that 
the SAVE Program is an inter-governmental initiative designed to aid benefit-granting agencies in determining an applicant’s immigration status, and thereby ensure that only entitled applicants receive federal, state, or local public benefits and licenses. The Program is an information service for benefit-issuing agencies, institutions, licensing bureaus, and other governmental entities.

The website continues by noting that 

  • The SAVE Program does not make determinations on any applicant's eligibility for a specific benefit or license.


  • The SAVE Program does not verify status for employment.

For more information on the SAVE program, see here.