Immigration was a very hot topic throughout 2006, and there's no sign that's going to change in 2007. Although most of the talk has been about illegal aliens, there are several immigration-related topics that affect employers that haven't gotten much attention but are worth taking a look at.
New USCIS website
The U.S. Citizenship and Immigration Services (USCIS) has revamped its website, www.uscis.gov. Several commentators have pointed out that the new website seems to be incomplete in numerous areas.
Information is actually still accessible from the new USCIS website; however, the casual viewer might not necessarily know how to navigate through the new government links to locate information.
For example, the new USCIS website appeared to remove the current listing of designated civil surgeons (able to conduct medical examinations that are required to apply for a green card).
The listing still is available online and may be accessed by selecting "Services and Benefits" on the main USCIS website, then "Field Offices," then selecting the first letter of your state's name and then the state's name. Then you can select your district office location.
The new USCIS website also prominently features the Office of Business Liaison (OBL), which may be found by selecting the "For Employers" link on the left-hand side of the main page. The OBL's primary function is to educate the U.S. business community on employment, business, investment, training, and employer education-related immigration issues. The OBL also publishes employer information bulletins on its website.
Impromptu site visits to verify employer H-1B and L-1 compliance
Immigration attorneys have reported that they are noticing an increased number of requests from local immigration officers to conduct "site visits" with employers in which they ask questions regarding a specific H-1B or L-1 petition (usually a petition that previously was approved by one of the regional service centers).
The visits are indeed taking place, and employers and beneficiaries (in other words, H-1B or L-1 workers) are being interviewed as a part of a national benefit fraud assessments project, which involves a random sampling of cases that measure the integrity of nonimmigrant petitions that have been filed.
The purpose of the interview is to verify the information contained in the petition and supporting documentation.
The sampling does include both cases that have been completed and those that remain pending.
Proposed changes to U.S. citizenship test
An applicant for U.S. citizenship through naturalization generally must pass a government civics test (unless the test requirement is waived).
The citizenship test that has been used for the last several years is composed of a series of questions concerning basic facts about the federal government. The questions include: Who wrote the "Star Spangled Banner"? What are the 13 original colonies? What is the Emancipation Proclamation? How many justices sit on the U.S. Supreme Court and who is the chief justice?
In response to criticism that the test is overly concerned with facts that don't necessarily have relevance to being a good citizen, the USCIS will begin a pilot test program this winter.
The number of questions will be reduced to 10 (with six correct answers required to pass), which are expected to deemphasize historic facts in favor of responses that must elicit some explanation of guiding principles of American democracy and values, such as freedom.
Some critics have commented that the proposed test (which they haven't yet seen) could raise the bar too high for immigrants to show not only that they are willing to study for a test but also that they understand and share American values.
Other observers have speculated that the new test is motivated by concern over contemporary European immigration issues, stemming from the presence of large, unassimilated immigrant communities that seem reluctant to adopt the guiding principles of the host nation.
Reminder about new passport requirements to enter the United States
The federal government is in the process of implementing new requirements to enter the United States under the Intelligence Reform and Terrorism Prevention Act of 2004.
The new requirement mandates that any traveler to or from the Caribbean, Bermuda, Panama, Mexico, and Canada now must have a passport or other secure, government-accepted document to either enter or reenter the United States when arriving by sea or air. At the end of 2007, the same rule will apply to all land border crossings to and from those countries.
Bottom line
As the above recitation of current topics makes clear, there are always many immigration-related topics and developments of significant interest to employers.
Copyright 2007 M. Lee Smith Publishers LLC. MICHIGAN EMPLOYMENT LAW LETTER. MICHIGAN EMPLOYMENT LAW LETTER is intended to provide information but not provide legal advice regarding any particular situation. The information in this Law Letter is to make you aware of the implications of several contemporary problems. This Law Letter is not intended to be, and should not be regarded as, a legal opinion or legal advice. It is simply not possible or prudent to offer legal advice or a legal opinion without a prior thorough investigation and analysis of the facts attendant to any specific situation.
