July 2010 Immigration Update

Kuck Immigration Partners LLC

 
 
1. Department of State Publishes Consular Fee Interim Rule, Reopens Comment Period - The Department received 1,797 comments in response to the proposed rule and has reopened the comment period for an additional 60 days, until August 27, 2010.
 
2. USCIS Proposes Changes in Fees, Large New Fee for EB-5 Regional Center Applications - A new proposed fee rule would increase the average application and petition fees by a "weighted average" of approximately 10 percent, and would establish a hefty new fee of $6,230 for an application for regional center designation under the EB-5 Immigrant Investor Pilot Program.
 
3. USCIS Redesigns E-Verify Online Interface; Employers Required To Complete Tutorial - Users are required to complete a free 20-minute tutorial the next time they login before using the new interface. 
 
4. USCIS Issues Guidance to Employers on Documentation of Work Authorization for TPS Beneficiaries - The guidance notes, among other things, that if an employee presents a TPS-related EAD that is expired for completion of the I-9 verification process, the employer must accept it if it remains unexpired based on an auto-extension of the EAD by DHS.
 
5. Lawsuit Challenges H-1B Memo on Employer-Employee Relationship - The group filing the lawsuit argues that denials are being issued under the memo's guidance for beneficiaries whose visa applications were approved previously under the regulatory criteria.
 
6. ICE Proposes New IMAGE Application - Upon enrollment and commitment to the Department of Homeland Security's "best hiring practices" program, participants are deemed "IMAGE Certified."
 
7. DHS Outlines Best Hiring Practices - Among other things, DHS recommends that employers make a good-faith effort to correct and verify the names and Social Security numbers of the current workforce.
 
8. Secretary of Labor Announces $78.4 Million for Farmworker Jobs Program - The program provides training and employment services to migrant and seasonal farmworkers.
 
9. U.S. Embassies, Consulates in China Temporarily Open on Saturdays - Growth in 2010 has been dramatic, with China's 2010 visa load up 28 percent over the same period last year.
 
10. iCERT Glitches: DOL Responds - Until the problems are resolved, the Department of Labor advises anyone needing a PDF of an LCA that they cannot access to e-mail the LCA Help Desk.
 
11. Global: Update from Australia - Australia's new Prime Minister, Julia Gillard, has signaled a major shift in immigration policy by declaring that she does not believe in a "big Australia."
 
 
Also in this issue: 
 
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.