King and Ballow - Nashville

Immigration News and Information

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July 30, 2010 - When Does 3 Days Start for Completing I-9?

All employers should know their portion of the I-9, Section 2, must be completed within three days of the employee's first day of work/date of hire. However, when does the three-day period start? Recently, the USCIS announced companies have three days after the employee's date of hire to complete Section 2 and open a case in E-Verify (if the company is using E-Verify).

July 30, 2010 - Convicted Robbery Conspirator Can Be Removed Despite No Robbery Conviction
by Roxana Correa

The Board of Immigration Appeals (BIA) held, in Matter of Richardson (2010), a lawful permanent resident, who was convicted of conspiracy to commit robbery, can be removed from the United States despite not being convicted of the actual robbery.

July 30, 2010 - OPT Instead of H-1B
by Bruce Buchanan

Clearly, the current economic climate is a major factor in the low demand for H-1B visas. As of July 23, 2010, 23,000 regular petitions and 11,300 master’s degree exemption petitions have been received by USCIS.

July 26, 2010 - ICE Announces Online Detainee Locator System

Immigration and Customs Enforcement (ICE) announced it has begun Online Detainee Locator System (ODLS), a public, Internet-based tool to assist family members, attorneys and others in locating detained aliens in ICE custody.

July 23, 2010 - DHS Finalizes I-9 Rule Concerning Electronic Storage Streamlining
by Bruce Buchanan

The Department of Homeland Security (DHS) finalized a regulation providing greater flexibility for employers to electronically sign and store I-9 forms. Previously, employers were required to store the paper forms for later inspection by DHS and ICE.

July 23, 2010 - 5 Men Sentenced for Unlawfully Harboring and Employing Illegal Aliens
by Bruce Buchanan

Five Arkansas residents were sentenced by a federal judge for conspiring to harbor, transport and employ illegal aliens, following an investigation by U.S. Immigration and Customs Enforcement (ICE). The men owned or controlled businesses, which employed illegal aliens on chicken catching crews, and were paid the individuals in cash. The men were sentenced to between 12 months and 30 months plus three years of supervised release/probation.

July 15, 2010 - USCIS Announces 6 More Months for Haitian Nationals to Seek TPS
by Bruce Buchanan

Eligible Haitian nationals will have an additional 6 months to apply for Temporary Protected Status (TPS), a relief program launched in response to the catastrophic earthquake in Haiti earlier this year. The new registration deadline is January 18, 2011.

July 15, 2010 - All 10,000 Crime Victim Visas Issued
by Bruce Buchanan

The USCIS has issued all 10,000 visas available this year for immigrant crime victims who help authorities investigate and prosecute perpetrators. The last of this fiscal year's supply of visas was approved on July 15, marking the first time the "U" visa limit has been since the program became active in 2008.

July 13, 2010 - Justice Department Files a Lawsuit Alleging Immigration Discrimination by Georgia Rug Manufacturer
by Bruce Buchanan

The Justice Department (DOJ) filed a lawsuit against Garland Sales Inc., a rug manufacturer and seller located in Dalton, Georgia, alleging it engaged in a practice of discrimination by imposing unnecessary and discriminatory hurdles to employment for work authorized individuals.

July 12, 2010 - 18-Month Extension of TPS for El Salvador with Automatic 6-Month Extension for Employment Authorizations
by Bruce Buchanan

U.S. Citizenship and Immigration Services announced Temporary Protected Status (TPS) for eligible nationals of El Salvador has been extended from September 9, 2010, through March 9, 2012.

July 9, 2010 - Actress’ Leading Role as Wife
by J. Marcel Hernandez

One of the primary means to gain permanent residence in the U.S. is through marriage to a U.S. citizen. Mexican actress, Fernanda Romero faces federal charges of entering into a sham marriage for the purposes of gaining this benefit. She faces 15 to 21 months in prison if convicted.

July 7, 2010 - Immigration Raid at California Factory Leads to 43 Arrests
by Bruce Buchanan

In a sharp departure from the Obama Administration’s immigration enforcement policy favoring audits over raids, the Immigration and Customs Enforcement (ICE) raided the Terra Universal plant in Fullerton, California, and detained 43 employees. The raid caused the plant, which employs about 230 people and manufactures equipment for semiconductor and pharmaceutical manufacturers, to be shut down for one day.

July 7, 2010 - Important DO’s in Immigration Compliance
by Bruce Buchanan

Employers may not treat individuals because they are, or are not, U.S. citizens or work-authorized individuals. U.S. citizens, asylees, refugees, and legal permanent residents (LPRs) are protected from citizenship status discrimination. Employer may not reject valid employment eligibility documents or require more or different documents on the basis of a person's national origin or citizenship status.

July 6, 2010 - Tax Relief Available for Canadians Immigrating to the U.S.
by Patricia Kryder

Canadians immigrating to the U.S. must relinquish their Canadian tax residency prior to leaving Canada. As a result, they are subject to a Canadian “departure tax” as if they had sold their property on the day of their departure. This “deemed sale” requires the payment of a tax, although the Canadian would continue to own the property.

June 30, 2010 - New E-Verify Requirements
by Bruce Buchanan

The Department of Homeland Security will now require additional information from new employers registering for E-Verify, which will be sent to Dun & Bradstreet, where it will be compared against the Dun & Bradstreet database to authenticate the employer is in fact a bona fide enterprise.

June 25, 2010 - Two Simple Drug Possession Convictions Don't Equal Aggravated Felony
by Bruce Buchanan

The Supreme Court held, in Carachuri-Rosendo v. Holder (June 14, 2010), a lawful permanent resident (LPR), who was convicted on two occasions of minor drug possessions, was not convicted of any "aggravated felony"; therefore, he could apply for Cancellation of Removal to prevent his removal/deportation.

June 21, 2010 - Knox, Hamilton and Shelby Counties first in Tennessee to Use Secure Communities
by Bruce Buchanan

Knox, Hamilton and Shelby Counties in Tennessee have begun using a new biometric information sharing capability, called Secure Communities, that assists Immigration and Customs Enforcement (ICE) officials in identifying aliens, both lawfully and unlawfully present in the United States, who are booked into local law enforcement's custody for a crime.

June 17, 2010 - TPS Registration for Haiti Ends on July 20, 2010
by Bruce Buchanan

On January 21, 2010, the Department of Homeland Security designated Temporary Protected Status (TPS) for eligible Haitian nationals as a result of the catastrophic earthquake that occurred in Haiti. The TPS designation for Haiti is effective through July 22, 2011.

June 15, 2010 - Three Miami Subcontractors Charged with Providing Jobs for Illegal Aliens
by Bruce Buchanan

Three Miami residents have been charged with conspiring to induce undocumented aliens to enter and remain in the United States by providing them with employment at a Miami-Dade school construction project in a case investigated by Immigration and Customs Enforcement (ICE) and Miami-Dade County Schools Office of Inspector General (OIG).

June 11, 2010 - USCIS Filing Fees Increasing
by J. Marcel Hernandez

Expect USCIS filing fees to increase by about 10% later this year. USCIS announced at the beginning of June that it is seeking public commentary on a proposed rule to increase most filing fees. What does this mean for you?

June 11, 2010 - Changes to E-Verify
by Bruce Buchanan

On June 13, 2010, changes are going to be made to E-Verify. These changes are intended to enhance E-Verify’s usability, security, accuracy and efficiency. The newly redesigned E-Verify features a clean and modern design, easy and intuitive navigation, and clear and simple language.

June 8, 2010 - What Are Substantive and Technical Violations of IRCA?
by Bruce Buchanan

The Immigration and Customs Enforcement (ICE) issued an internal document entitled, Guide to Administrative Form I-9 Inspections and Civil Monetary Penalties, on November 25, 2008. The American Immigration Lawyers Association (AILA), through a FOIA request, received a copy of the Guide. It is very insightful as to how ICE defines substantive and technical violations.

May 27, 2010 - USCIS Issues Revised Employment Authorization Document
by Bruce Buchanan

U.S. Citizenship and Immigration Services (USCIS) announced it has revised the Employment Authorization Document (EAD), or Form I-766, to add a machine-readable zone on the back of the card.

May 24, 2010 - College Fined $23,000 in Discrimination Lawsuit About Over-Documentation
by Bruce Buchanan

The Justice Department has settled a case against John Jay College, a New York City public college, by the College’s agreement to pay over $23,000 in civil penalties and over $10,000 in back pay to a former employee. The lawsuit alleged the College engaged in a pattern or practice of citizenship status discrimination by requesting documents issued by the Department of Homeland Security (DHS) from non-U.S. citizens, but not from U.S. citizens, during the employment eligibility verification Form I-9 process.

May 24, 2010 - Florida Spa Owners Plead Guilty to Harboring Illegal Aliens
by Bruce Buchanan

An Immigration and Customs Enforcement (ICE) investigation reached a successful conclusion when Mal Suk Kim of Palm Beach County, pleaded guilty to harboring illegal aliens and money laundering.

May 20, 2010 - Employer Commits Substantive Violations in Section 2 of I-9s
by Bruce Buchanan

A Department of Justice Administrative Law Judge, in U.S. v. New China Buffet Restaurant, 10 OCAHO No. 1132 (2010), found a restaurant committed substantive, not technical, violations of immigration law, when it failed to complete most of Section 2 on the I-9 forms of seven employees.

May 17, 2010 - Late Registration for TPS for Hondurans and Nicaraguans
by Bruce Buchanan

As discussed in a prior post, the Department of Homeland Security (DHS) extended TPS for 18 months, through January 5, 2012, to eligible nationals of Honduras and Nicaragua. The re-registration period for Hondurans and Nicaraguans who already have TPS started on May 5, 2010 and will end on July 6, 2010. This extension does not apply to Hondurans and Nicaraguans who entered the United States after December 30, 1998.

May 17, 2010 - English-Only Driver's License Defeated in Tennessee Legislature
by Bruce Buchanan

On May 11, 2010, the Tennessee House Budget Subcommittee voted to defeat the English-Only Drivers License Bill, at least for this legislative session. Technically, by a vote of 12-3, the committee deferred the disposition of this matter until next December. Since there are no meetings held in December, the bill is officially dead for the current legislative session.

May 13, 2010 - New Green Cards Being Issued
by Bruce Buchanan

U.S. Citizenship and Immigration Services (USCIS) announced, on May 12, 2010, it has redesigned the Permanent Resident Card - commonly known as the "Green Card" - to incorporate several major new security features.

May 6, 2010 - Temporary Protected Status (TPS) for Honduran and Nicaragua Nationals
by Bruce Buchanan

U.S. Citizenship and Immigration Services (USCIS) announced today that the Department of Homeland Security (DHS) will extend Temporary Protected Status (TPS) for nationals of Honduras from the current expiration of Jul. 5, 2010, to the new expiration date of Jan. 5, 2012.

April 29, 2010 - Your Company, Your Solutions
by Bruce Buchanan

YOUR QUESTIONS ANSWERED - I am grateful to have personally met with some of you to discuss Immigration Compliance issues that affect your companies. We discussed the structure of an Immigration and Customs Enforcement (ICE) audit, the penalties associated with such an audit, preparing for an audit, Form I-9, E-Verify, and Immigration Reform.

April 28, 2010 - ICE Catches Construction & Staffing Companies Hiring Undocumented Workers
by Bruce Buchanan

Two Illinois construction companies pleaded guilty and were sentenced in federal court on April 23, 2010 on charges related to the unlawful employment of illegal aliens while two Illinois staffing companies were charged with unlawfully hiring dozens of illegal aliens to form their labor pool.

April 23, 2010

San Diego-Area Bakery, Its Owner and Manager, Indicted on Federal Charges for Hiring Undocumented Workers

>>Read the full article...

April 19, 2010 - Enforcement of Tennessee Illegal Alien Employment Act
by Bruce Buchanan

Since the enactment and implementation of the Tennessee Illegal Alien Employment Act in January 2008, there have been 27 complaints filed with the Tennessee Department of Labor and Workforce Development (TDOLWD) alleging violations of the Act. Of these 27 complaints, the DOLWD determined two of the complaints presented "substantial evidence" of a violation.

April 19, 2010 - Criminal Defendant Must Be Advised of Immigration Consequences of Plea Bargain
by Max Nuyen

The U.S. Supreme Court held a non-citizen defendant in a criminal case must be advised by his lawyer beforehand that pleading guilty to certain criminal offenses would result in his being removed from the United States.

April 14, 2010 - Immigration Reform for Entrepreneurs
by J. Marcel Hernandez

Recently, Senators John Kerry and Richard Lugar introduced the StartUpVisa Act of 2010, a bill calling for certain entrepreneurs to qualify for permanent residence. This would establish an EB-6 category, with the primary qualification being that applicants demonstrate their ability to procure a dedicated minimum of $250,000 in equity financing for the new business.

April 12, 2010 - H-1B Cap Nowhere Near Met
by Bruce Buchanan

As expected, the cap for H-1B nonimmigrant petitions of 65,000 for fiscal year 2011 was not met in the initial filing period of April 1 through April 7. Only 13,500 H-1B petitions were filed counting toward the 65,000 general cap. Another 5,600 petitions were filed by individuals with a Master's degree or higher. These petitions count toward the 20,000 cap for advanced degrees.

March 31, 2010 - E-Verify Usage in Tennessee Skyrocketing
by Bruce Buchanan

Although employers are not required to use E-Verify under Tennessee law, its usage by Tennessee companies continues to multiply. In the past four years, E-Verify’s usage has grown by over 700% in Tennessee.

March 23, 2010 - ICE Focuses on Mid-South for More I-9 Audits
by Bruce Buchanan

Immigration and Customs Enforcement (ICE) announced in March 2010 that it is focusing on the mid-south for its next round of I-9 audits. ICE has issued notices to 180 employers in Tennessee, Louisiana, Mississippi, Alabama and Arkansas that they will be inspecting those employers’ hiring records to determine compliance with the Immigration Reform and Control Act (IRCA).

March 23, 2010 - Special Rules Cancellation of Removal for Battered Spouses Available to Permanent Residents
by Max Nuyen

In this case, the Board of Immigration Appeals considered the question of whether or not a lawful permanent resident is eligible to apply for special rule cancellation of removal for battered spouses. There are some aspects of U.S. immigration law which are purely driven by humanitarian considerations.

Puerto Rico-Born Tennesseans Will Have to Get New Birth Certificates

>>Read the full article...

29 Seized in Immigration Raids in Anne Arundel, Baltimore Counties

>>Read the full article...

Deferred Enforced Departure Extended for Liberians

>>Read the full article...

February 26, 2010 - H-1B At a Glance
by Bruce Buchanan

Here are a few of many questions I receive from companies and individuals alike regarding the H-1B Visa: 1. What is an H-1B Visa? 2. When are applications accepted? 3. What happens if employment ends during H-1B status? 4. For how long is H-1B status valid?

February 24, 2010 - Over $500,000 Fine for Immigration Law Violations
by Bruce Buchanan

U.S. Immigration and Customs Enforcement (ICE) announced Koch Foods of Cincinnati LLC paid a $536,046 fine for administrative violations of U.S. immigration laws.

February 22, 2010 - Motions to Reopen Asylum Cases Reviewable by Appellate Court
by Max Nuyen

In Kucana v. Holder (January 20, 2010), the U.S. Supreme Court settled a split among the appellate circuits as to whether a motion to reopen an asylum petition is reviewable by an appellate court.

January 26, 2010 - When Must Federal Contractor/Subcontractor Begin FAR E-Verify - 90 or 180 Days?
by Bruce Buchanan

Since FAR E-Verify for federal contractors and subcontractors has been in effect for about four months, some of you have received your first federal contract containing the FAR E-Verify clause. And many of you may have lingering questions about FAR E-Verify.

USCIS Update: Registration Begins for Temporary
Protected Status to Haiti

>>Read the full article...

Owner of Casa Fiesta Faces Multiple Charges for Hiring Illegal Aliens

>>Read the full article...

Secretary Napolitano Announces Streamlined Citizenship Application Process For Members Of The Military

>>Read the full article...

January 5, 2010

Justice Department and ICE Reach $4.5 Million Agreement with Pilgrim's Pride

>>Read the full article...

18-Month Extension of Temporary Protected
Status for Sudan (USCIS Update)

>>Read the full article...

USCIS Reaches FY 2010 H-1B Cap

>>Read the full article...

December 18, 2009 - Legal, Illegal, or Neither?
by J. Marcel Hernandez

In a recent Supreme Court opinion (Mohawk Industries v. Carpenter), Justice Sonia Sotomayor made headlines by employing the first use of the phrase “undocumented immigrant.” Previously, the Supreme Court has used the phrase “illegal immigrant.”

December 18, 2009 - Stepchild Qualifies as Relative for Purposes of Cancellation of Removal
by Max Nuyen

The Board of Immigration Appeals ruled a stepchild meets the definition of a child for purposes of qualifying for cancellation of removal. This should come as a relief to many persons who are now in the country unlawfully, because cancellation of removal is one of the few avenues for legalization available to them.

ICE Issues New Procedures for Asylum Seekers as Part of Ongoing Detention Reform Initiatives

>>Read the full article...

December 10, 2009 - 2009 Immigration Policies at a Glance
by Bruce Buchanan

2009 brought about several changes in immigration policy that affect employers. Thus, I am summarizing these changes. As always, I welcome the opportunity to meet with you to discuss how immigration issues affect your business.

December 8, 2009

Immigration Audits Take Place of Raids on Places of Employment

>>Read the full article...

Illegal Workers Quietly Let Go

>>Read the full article...

November 23, 2009 - More ICE Audits of I-9s
by Bruce Buchanan

The U.S. Immigration and Customs Enforcement (ICE) announced an additional 1,000 employers were issued Notices of Inspection during the week of November 16, 2009, in order for ICE to review their I-9 records.

November 12, 2009 - Naturalization Applicants May Have Their Case Decided by Federal Court
by Max Nuyen

Applying for naturalization is one of the last steps an immigrant to the United States may take before he completes his journey of becoming a U.S. citizen. After he becomes a naturalized U.S. citizen, he is free from the jurisdiction of USCIS. No more applying for green card extensions every few years.

November 12, 2009 - Ninth Circuit Clarifies Eligibility for “Grandfathering” of 245(i) Benefits for Spouses
by Max Nuyen

Before 1994, in order to be eligible for adjustment of status, the applicant must have entered the country after having been inspected by a customs official at the point of entry.

November 12, 2009 - "Widow Penalty" Killed
by J. Marcel Hernandez

On October 28, 2009, President Obama signed a law, overturning a 71-year-old rule that required self-petitioning widow(er) immigrants to have been married at least two years prior to the U.S. citizen’s death.

November 3, 2009 - ICE Audits I-9 Records
by Bruce Buchanan

The U.S. Immigration and Customs Enforcement (ICE) recently launched an initiative to audit certain employers’ I-9 records through the issuance of Notices of Inspection.

ICE Announces Standardized 287(g) Agreements With 67 State and Local Law Enforcement Partners

>>Read the full article...

To Be Guilty of Aggravated Identity Theft, Alien Who Uses False ID Document Must Know the ID Belongs to Another Person

>>Read the full article...

USCIS Revises Form I-601, Application For Wavier
Of Grounds Of Inadmissibility

>>Read the full article...

October 1, 2009

Electronic Diversity Visa Lottery

>>Read the full article...

Expiration Date of Form I-9

>>Read the full article...

USCIS Launches Re-Designed Website

>>Read the full article...

October 1, 2009 -E-Verify for Federal Contractors and Subcontractors Finally Implemented
by Bruce Buchanan

The long-delayed E-Verify for federal contractors and subcontractors, hereinafter referred to as FAR (Federal Acquisition Regulation) E-Verify, was finally implemented on September 8, 2009.

>>Read the full article...

October 1, 2009 - From the U.S. Department of State

Missouri Poultry Processing Plant Pays $450,000 Fine for Hiring Illegal Aliens

>>Read the full article...