On February 15, 2008, Michigan Governor Jennifer Granholm signed into law a bill that will restore the ability of foreign nationals with lawful temporary status to obtain driver's licenses. Although the law went into effect immediately, it must still be implemented by new licensing procedures written by the Michigan Secretary of State. At this time it is unclear how quickly the Secretary of State will issue the necessary procedures.
Last month, Michigan instituted a policy under which the state would issue driver's licenses only to U.S. citizens and lawful permanent residents. The policy made foreign nationals with lawful nonimmigrant status, and those without immigration status, ineligible for driver's licenses as first-time applicants. The policy was immediately a source of intense controversy, and became the target of a federal lawsuit filed by the American Civil Liberties Union (ACLU).
Thursday, May 29, 2008
Wednesday, May 28, 2008
Rhode Island will Require Use of E-Verify for State Contractors
On March 27, 2008, Rhode Island's Governor issued an executive order that will require any person, business, contractor, or subcontractor doing business with the State of Rhode Island to register with and utilize E-Verify to confirm the employment authorization of new hires. In addition, most state agencies in Rhode Island's Executive Branch must use E-Verify to verify the employment authorization of new hires.
The Department of Attorney General, Lieutenant Governor, Secretary of State, and General Treasurer are exempt from this requirement. The Executive Order does not contain an effective date, and officials in Rhode Island have not yet confirmed when the E-Verify requirement will take effect.
E-Verify is an Internet-based system administered by U.S. Citizenship and Immigration Services (USCIS) with the Social Security Administration (SSA). E-Verify provides access to federal databases to help employers determine employment eligibility of new hires and the validity of their Social Security numbers.
The Department of Attorney General, Lieutenant Governor, Secretary of State, and General Treasurer are exempt from this requirement. The Executive Order does not contain an effective date, and officials in Rhode Island have not yet confirmed when the E-Verify requirement will take effect.
E-Verify is an Internet-based system administered by U.S. Citizenship and Immigration Services (USCIS) with the Social Security Administration (SSA). E-Verify provides access to federal databases to help employers determine employment eligibility of new hires and the validity of their Social Security numbers.
Tuesday, May 27, 2008
Western Hemisphere Passports Requirements Take Effect
Starting June 1, 2009, U.S., Canadian and Bermudian citizens who are entering the United States by land or sea from within the Western Hemisphere will be required to present a passport or other Western Hemisphere Travel Initiative (WHTI) compliant document (discussed below). Until June 1, 2009, travelers may continue to enter the U.S. by land and sea by presenting either a passport or a combination of a citizenship document and government-issued photo identification. The upcoming requirements are mandated under a final rule issued by the Department of Homeland Security (DHS) and the Department of State on March 27, 2008.
WHTI compliant documents include: cards issued under DHS's prescreening programs for trusted travelers – including NEXUS, SENTRI, and FAST cards; the new U.S. Passport Card for U.S. citizens; or a special Enhanced Driver's License, which contains additional security features. Enhanced Driver's Licenses are issued by U.S. states or Canadian provinces through a partnership with DHS. Currently, only Washington State is approved to issue an Enhanced Driver's License.
All travelers entering the United States by air from within the Western Hemisphere have been required to present a valid passport since January 23, 2007. Requirements for citizens of Mexico remain unchanged. These foreign nationals must present a passport and a valid visa or Form DSP-150 (the B-1/B-2 laser visa and border crossing card) when traveling by air, land, or sea. Trusted traveler cards are also accepted.
WHTI compliant documents include: cards issued under DHS's prescreening programs for trusted travelers – including NEXUS, SENTRI, and FAST cards; the new U.S. Passport Card for U.S. citizens; or a special Enhanced Driver's License, which contains additional security features. Enhanced Driver's Licenses are issued by U.S. states or Canadian provinces through a partnership with DHS. Currently, only Washington State is approved to issue an Enhanced Driver's License.
All travelers entering the United States by air from within the Western Hemisphere have been required to present a valid passport since January 23, 2007. Requirements for citizens of Mexico remain unchanged. These foreign nationals must present a passport and a valid visa or Form DSP-150 (the B-1/B-2 laser visa and border crossing card) when traveling by air, land, or sea. Trusted traveler cards are also accepted.
Monday, May 26, 2008
Utah enacts Illegal Immigration Act
On March 13, 2008, Utah's governor signed into law the Illegal Immigration Act (SB-81), which takes effect on July 1, 2009. In relevant part, the Act requires all public employers as well as their contractors and subcontractors to use a "status verification system" to verify the immigration status of new hires.
The Act recognizes E-Verify and the Social Security Number Verification Service as acceptable forms of status verification systems. The requirement for all public employers in Utah to use a status verification system will take effect on July 1, 2009.
The Act defines a public employer as a department, agency, instrumentality, or a political subdivision of the state. State contractors who enter into a contract for the physical performance of services with a public employer in Utah must register and participate in a recognized status verification system to verify the work authorization of its new hires.
This requirement applies to contracts for the physical performance of services within the state of Utah entered into after the Act takes effect. Contracts for services that involve underwriting, remarketing, broker-dealer activities, securities placement, investment advisory, financial advisory, or other financial or investment banking are exempt from this requirement.The Act defines a contractor as a subcontractor, contract employee, staffing agency, trade union, or any contractor regardless of its tier.
Subcontractors to state contractors must certify by affidavit that they have verified the employment status of each new employee through a status verification system. Utah's required use of a federal work authorization program supplements and does not substitute the federal requirement to complete Form I-9 Employment Eligibility Verification. More generally, the Act seeks to regulate various aspects of immigration, such as access to public benefits by foreign nationals, issuance of state identification documents to foreign nationals, and use of local law enforcement to enforce immigration law.
The Act recognizes E-Verify and the Social Security Number Verification Service as acceptable forms of status verification systems. The requirement for all public employers in Utah to use a status verification system will take effect on July 1, 2009.
The Act defines a public employer as a department, agency, instrumentality, or a political subdivision of the state. State contractors who enter into a contract for the physical performance of services with a public employer in Utah must register and participate in a recognized status verification system to verify the work authorization of its new hires.
This requirement applies to contracts for the physical performance of services within the state of Utah entered into after the Act takes effect. Contracts for services that involve underwriting, remarketing, broker-dealer activities, securities placement, investment advisory, financial advisory, or other financial or investment banking are exempt from this requirement.The Act defines a contractor as a subcontractor, contract employee, staffing agency, trade union, or any contractor regardless of its tier.
Subcontractors to state contractors must certify by affidavit that they have verified the employment status of each new employee through a status verification system. Utah's required use of a federal work authorization program supplements and does not substitute the federal requirement to complete Form I-9 Employment Eligibility Verification. More generally, the Act seeks to regulate various aspects of immigration, such as access to public benefits by foreign nationals, issuance of state identification documents to foreign nationals, and use of local law enforcement to enforce immigration law.
Sunday, May 25, 2008
RUSSIA - Russian Companies Planning to Employ Foreign Nationals in 2009 Must Submit a Declaration of Need
Pursuant to recent decrees by the Government of the Russian Federation, Russian companies that employ foreign nationals are required to submit a form declaring their projected needs for foreign national workers in 2009 by May 1, 2008.
Declaration forms must be signed and stamped by a company official, and submitted to the Interregional Information Business Center in-person by a company representative. The declaration form requests information about the number of foreign national employees needed, the positions to be filled, and the salary and citizenship of the potential employees.
Please note that, in certain instances, the Russian immigration authorities have refused to process 2008 employment permits for employers who did not submit the requisite declaration in 2007. It is not yet clear whether a company will be able to amend its declaration after May 1, 2008 and employ more foreign nationals in 2009 than indicated on the declaration form. The government did accept some amended declarations for 2008 at the end of 2007 and the start of 2008. It is also not clear how or whether recently established companies, that were unable to submit declarations in 2007, will be able to hire foreign nationals in 2008.
If such companies are permitted to employ foreign nationals, at a minimum, they will be required to submit a declaration before applying for employment permits. Declaration forms are subject to extensive scrutiny by the Russian labor authorities. Therefore, employers are advised to provide as much detail as possible in their declaration forms.
Declaration forms must be signed and stamped by a company official, and submitted to the Interregional Information Business Center in-person by a company representative. The declaration form requests information about the number of foreign national employees needed, the positions to be filled, and the salary and citizenship of the potential employees.
Please note that, in certain instances, the Russian immigration authorities have refused to process 2008 employment permits for employers who did not submit the requisite declaration in 2007. It is not yet clear whether a company will be able to amend its declaration after May 1, 2008 and employ more foreign nationals in 2009 than indicated on the declaration form. The government did accept some amended declarations for 2008 at the end of 2007 and the start of 2008. It is also not clear how or whether recently established companies, that were unable to submit declarations in 2007, will be able to hire foreign nationals in 2008.
If such companies are permitted to employ foreign nationals, at a minimum, they will be required to submit a declaration before applying for employment permits. Declaration forms are subject to extensive scrutiny by the Russian labor authorities. Therefore, employers are advised to provide as much detail as possible in their declaration forms.
Saturday, May 24, 2008
House Passes Bill to Reduce Processing Times for O and P Visa Petitions
On April 1, 2008, the U.S. House of Representatives passed the Arts Require Timely Service (ARTS) Act (HR 1312). The bill seeks to reduce the processing time for O and P nonimmigrant visa petitions by requiring U.S. Citizenship and Immigration Services (USCIS) to adjudicate them within 30 calendar days of filing. If USCIS fails to adjudicate an O or P petition within the 30 days allotted and the petitioner is a 501(c) nonprofit organization, USCIS would be required to provide premium processing services at no additional charge. The bill excludes athletes seeking admission as P nonimmigrants from the expedited adjudication process.
The bill will now go to the Senate for consideration.The O nonimmigrant visa provides admission into the United States for persons deemed to possess extraordinary ability in the arts, sciences, education, business, or athletics, or to those persons with extraordinary achievement in motion picture or television production. The P nonimmigrant visa classification provides admission into the U.S. for persons who are internationally recognized as athletes or entertainers, and for those who perform as artists or entertainers in culturally unique programs.
The bill will now go to the Senate for consideration.The O nonimmigrant visa provides admission into the United States for persons deemed to possess extraordinary ability in the arts, sciences, education, business, or athletics, or to those persons with extraordinary achievement in motion picture or television production. The P nonimmigrant visa classification provides admission into the U.S. for persons who are internationally recognized as athletes or entertainers, and for those who perform as artists or entertainers in culturally unique programs.
Friday, May 23, 2008
Illinois Law Prohibiting the Use of E-Verify Further Suspended
The State of Illinois has agreed to further delay until June 15, 2008 the implementation of a new law that would prohibit employers from using the federal government's E-Verify employment eligibility verification system. The law was to become effective on January 1, 2008.
In September 2007, the federal government sought to block implementation of the Illinois law by filing a lawsuit challenging its legality. Illinois agreed to suspend the law twice before as part of the litigation, the last time until April 15, 2008. This week, the federal government and the State of Illinois agreed to put a hold on the lawsuit for another sixty days while the Illinois legislature considers a bill to amend the E-Verify law.
As a result, Illinois will not enforce the law during the hold period. During this timeframe, employers operating in Illinois may continue to enroll in and use E-Verify. As we reported earlier, the Illinois law would prohibit the use of E-Verify until the Department of Homeland Security and Social Security Administration (SSA) databases are able to resolve 99% of the discrepancy notices they issue within three days.
Also under the law, employers that use E-Verify must (1) complete a standard attestation form issued by the state's Department of Labor, and (2) post in a place accessible to all prospective employees a notice stating that the employer is enrolled in E-Verify, along with standard anti-discrimination notices. While Illinois will not enforce the section of the law prohibiting the use of E-Verify, these additional requirements have been in effect since January 1, 2008. At this time, it is uncertain how the litigation will affect the additional requirements.
In September 2007, the federal government sought to block implementation of the Illinois law by filing a lawsuit challenging its legality. Illinois agreed to suspend the law twice before as part of the litigation, the last time until April 15, 2008. This week, the federal government and the State of Illinois agreed to put a hold on the lawsuit for another sixty days while the Illinois legislature considers a bill to amend the E-Verify law.
As a result, Illinois will not enforce the law during the hold period. During this timeframe, employers operating in Illinois may continue to enroll in and use E-Verify. As we reported earlier, the Illinois law would prohibit the use of E-Verify until the Department of Homeland Security and Social Security Administration (SSA) databases are able to resolve 99% of the discrepancy notices they issue within three days.
Also under the law, employers that use E-Verify must (1) complete a standard attestation form issued by the state's Department of Labor, and (2) post in a place accessible to all prospective employees a notice stating that the employer is enrolled in E-Verify, along with standard anti-discrimination notices. While Illinois will not enforce the section of the law prohibiting the use of E-Verify, these additional requirements have been in effect since January 1, 2008. At this time, it is uncertain how the litigation will affect the additional requirements.
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