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June 6, 2004 immigration news update
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1. Homeland Security to Begin Issuing New Employment Authorization Documents As part of the Department of Homeland Security (DHS)'s continuing push to add high tech security features to immigration documents, U.S. Citizenship and Immigration Services (USCIS) will soon begin issuing a new, enhanced version of the Employment Authorization Document (EAD) on a new Form I-766. The new card will include a magnetic strip, a two-dimensional barcode, and several features that can be used to determine the card's authenticity. USCIS expects that the new card will help prevent counterfeiting and fraud. USCIS plans to issue the new cards beginning in early June 2004. The EAD card serves as proof to employers that an individual is authorized to work in the United States. The Immigration and Nationality Act requires employers to verify all employees' identity and eligibility to work in the United States. However, an employer may not require or specify which documents on the list of acceptable documents an employee must present. Employers must complete a Form I-9 for all employees, even U.S. citizens. The form must be retained by the employer and may be requested for review by the Bureau of Immigration and Customs Enforcement (ICE) (formerly the Immigration and Naturalization Service or "INS") or during a wage and hour audit by the Department of Labor. Form I-9 requires the employee to produce documents showing his or her eligibility to work in the United States and the employer to examine those documents. The EAD is one such document. Foreign nationals with work authorization may use the EAD as a "List A" document for I-9 purposes, meaning that it establishes both identity and employment eligibility. In a recently released employer information bulletin, Citizenship and Immigration Services (CIS) clarifies employers' responsibility when reviewing I-9 documents. According to the release, which can be viewed at http://uscis.gov/graphics/lawsregs/handbook/OBL_103.pdf, the standard for review of the I-9 document in the employment eligibility verification process is that of reasonableness. Specifically, the bulletin states that an I-9 document is acceptable if it reasonably appears on its face (1) to be genuine and (2) to relate to the individual who presents it. An article reviewing the employment eligibility verification requirement through Form I-9 is available on our web site at: http://www.millermayer.com/resources/formI9.html 2. U.S. Immigrant Visas Get a New Look As of May 17, foreign nationals receiving U.S. immigrant visas in the United Kingdom have found that instead of receiving a separate sheet of paper attached to the immigrant visa packet, they are receiving a stamp in their passport similar to their non-immigrant visa. The new form of the immigrant visa will allow increased security features to be included. Officials in London warn that since London is one of the first U.S. posts to use the new immigrant visa, travel to third countries after issuance of immigrant visas is not recommended because it may confuse U.S. immigration inspectors upon re-entry to the United States, as U.S. immigration inspectors will have become accustomed to seeing the new immigrant visa in passports of flights originating in the UK, but not other countries that are still issuing paper immigrant visas. To learn more about consular processing and how it differs from adjustment of status through USCIS, read our article, Adjustment of Status v. Consular Processing, at: http://www.millermayer.com/resources/immigrant/immigrant13cont.htm 3. Democrats Introduce Immigration Reform Bill As the November election grows nearer, immigration reform has emerged as a hot-button issue in Washington and around the country. President Bush outlined his principles for immigration reform last January. Since then various Republican members of Congress have introduced immigration reform bills. Now House and Senate Democrats have introduced their own proposal, called the SOLVE Act: Safe, Orderly, Legal Visas and Enforcement Act. The SOLVE Act recognizes that our current immigration system is unworkable, outdated, in serious disarray, encourages illegality, and does not enhance our security. It would fix the broken system by establishing a temporary worker program, offering earned adjustments, and promoting family reunification and backlog reduction. Specifically, the SOLVE Act would: Establish an earned adjustment for people who work hard, pay taxes, and contribute to their communities: Undocumented people who demonstrate their commitment to this country and its principles would be given the opportunity to obtain permanent residence and get on the path to citizenship. Many have made the United States their home, are paying taxes, raising families (typically including U.S. citizen and lawful permanent resident spouses and children), and contributing to their communities and the industries in which they work. Create a new temporary worker program: Current immigration laws do not meet the needs of our economy. A new program would give workers the opportunity to legally work where they are needed and employers, who cannot find U.S. workers, the legal workforce they need to remain competitive, without displacing U.S. workers. Such a program would provide legal visas, family unity, full labor rights, labor mobility and a path to permanent residence and citizenship over time, and would diminish significantly future illegal immigration by creating for the first time a workable, legal avenue through which people can enter the United States and return, as many wish, to their home countries, communities, and families. Reduce family immigration backlogs: Our family preference immigration system has not been updated in more than a decade, and an increasing number of families face periods of separation of up to twenty years. The SOLVE Act's family backlog reduction provisions recognize that the United States is a country that values strong families by, among other measures, adjusting the number of visas available annually. Enhance our national security: Among other provisions, the SOLVE Act would require program participants to have machine-readable, tamper-resistant visas and documents with biometric identifiers for all programs and undergo criminal and national security background checks before work permits and travel documents are issued. For an article on other immigration reform proposals, read our article Sanity for the Southwest Border at: http://www.millermayer.com/resources/immreform.html 4. New Articles on Our Web Site We have posted a new article about new visa screen requirements for Canadian health care workers: http://www.millermayer.com/resources/cdhealth.html Remember, all Canadian health care workers who do not have permanent resident status must have a visa screen certificate by July 26, 2004. We have updated our article about the EB-5 immigrant investor program. The revised article is at: http://www.millermayer.com/resources/immigrant/eb5.html 5. The Firm Speaks; Steve Yale-Loehr Receives Award On Friday June 11 Steve Yale-Loehr will moderate a panel on advanced naturalization issues at the American Immigration Lawyers Association (AILA) annual conference in Philadelphia. On Saturday June 12 Steve will moderate a panel on H and L visa issues at the AILA annual conference in Philadelphia. Also on June 12 Steve will receive the Edith Lowenstein award at the AILA conference. The award is presented annually to an immigration lawyer for excellence in advancing the practice of immigration law. In 2001 Steve received AILA's Elmer Fried award for excellence in teaching. _____________________ For answers to any of your immigration questions, contact: Hilary Fraser (mailto:htf@millermayer.com) For general information, visit our web site at http://www.millermayer.com/
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