Mark A Ivener, A Law Corporation

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ICE Assistant Secretary John Morton announces 1,000 new workplace audits to hold employers accountable for their hiring practices

WASHINGTON-U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton today announced the issuance of Notices of Inspection (NOIs) to 1,000 employers across the country associated with critical infrastructure-alerting business owners that ICE will audit their hiring records to determine compliance with employment eligibility verification laws. “ICE is focused on finding and penalizing employers who… Read More

Congress Extends Four Immigration Programs for Three Years

On October 28, 2009, President Obama signed into law the fiscal year 2010 appropriations bill for the Department of Homeland Security. The law (Pub. L. No. 111-83) extends four immigration programs: (1) the non-minister religious worker program (section 568 of the law), the “Conrad 30” program for certain foreign doctors (section 568), the EB-5 immigrant… Read More

DHS Rescinds ‘No-Match’ Rules

Effective November 6, 2009, the Department of Homeland Security (DHS) is rescinding the final rules (PDF) it promulgated in 2007 and 2008 relating to procedures that employers may take to acquire a safe harbor from receipt of “no-match” letters, which the Social Security Administration (SSA) sends to employers when the combination of an employee name… Read More

USCIS Ombudsman Recommends Temporary Acceptance of Filed LCAs for Certain H-1B Filings

In August and September 2009, the ombudsman for U.S. Citizenship and Immigration Services (USCIS) received complaints concerning H-1B cases with incorrectly denied labor condition applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). The ombudsman said that LCA processing delays and errors at DOL, coupled with USCIS’s current H-1B petition initial filing requirements, “are… Read More

Many Visa Number Cut-Off Dates Not Budging in November, State Dept. Says

The State Department’s Visa Bulletin for November 2009 notes that demand from U.S. Citizenship and Immigration Services offices has far exceeded earlier indications of cases eligible for immediate processing. As a result, the Department said, it has been necessary to hold most of the employment cut-off dates for November, and it is not possible to… Read More