Immigration Inbox: News You Can Use

• September,2011

U.S. IMMIGRATION

SEYFARTH WORKFORCE AUTHORIZATION TEAM (SWATeam)

1. Improving the Process - Receiving Your Employment Authorization Document (EAD)2. USCIS Considers Changes to Employment Authorization Policies for TPS Beneficiaries3. DOS Notifies USCIS of Exhaustion of Employment-Based Visa Numbers for FY2011 4. U.S. Consulate in Mumbai Resumes H and L Visa Processing5. Prevailing Wage Determinations Update6. DOL Releases H-2A Employer Filing Tips7. Department of Homeland Security (DHS) and USCIS Announce Initiative To Promote Startups and Spur Job Creation8. USCIS Publishes CNMI Transitional Worker Final Rule9. DHS Publishes Regulation To Facilitate Electronic Filing10. USCIS Institutes Direct E-Mail Communication for Regional Center Applicants11. USCIS Redesigns Customer Service Center 1-800 Options12. Obama Administration Announces Focus on High-Risk Cases in Removal Proceedings13. Consumer Advisory from the American Immigration Lawyers Association: Do Not Be Misled - The Obama Administration’s

Immigration Announcement is NOT an Amnesty Program!14. USCIS Issues Policy Memo on B-2 Extensions for Cohabiting Partners and Other Household Members of Principal

Nonimmigrants15. The International Student Exchange and Visitor Program (SEVP) Updates Student and Exchange Visitor Information System

(SEVIS) Instructions, List of Approved Schools16. USCIS Announces Extension of Deferred Enforced Departure for Liberians17. Effective October 1, 2011, U.S. Embassies in Copenhagen and Oslo will no longer process immigrant visa (IV) or diversity visa

(DV) applications

1. Immigration and Customs Enforcement (ICE) Declares ‘Secure Communities’ Mandatory, Not Optional 2. DHS Homeland Security Advisory Council’s Task Force on Secure Communities report recommending way ICE may improve the Secure Communities program3. ICE Revised Immigration Detainer Form I-247, issued in June 20114. Social Security Online: Invalid or impossible Social Security numbers5. House Judiciary Chairman Lamar Smith (R-TX) introduced the Legal Workforce Act of 2011, H.R. 2164, to make E-Verify

mandatory for all employers across the country; September 21, 2011 - U.S. House of Representatives, Committee on the Judiciary Approves Bill

SEYFARTH IMMIGRATION EVENTS AND NEWS For information on upcoming speaking engagements and events, visit seyfarth.com/ImmigrationEvents. For other news about Seyfarth Shaw, visit seyfarth.com/ImmigrationPress.

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U.S. IMMIGRATION1. Improving the Process - Receiving Your Employment Authorization Document (EAD)

The Ombudsman noted specific issues resulting from shortcomings with the current EAD process, citing, “The

consequences of USCIS delays in adjudicating EAD applications are significant: applicants experience financial hardship

due to job interruption and termination; business operations stall due to loss of employee services; families face suspension

of health benefits; and individuals have difficulty renewing drivers’ licenses. The effect of these delays is aggravated by

USCIS’ decision to avoid issuing interim documents and the lack of a fast, easily accessible method for resolving EAD-

related problems.” In an attempt to mitigate the adverse impact on individuals and employers and improve the EAD process,

The Ombudsman recommended to USCIS the following:

• Establishing methods at local offices to facilitate immediate resolution;

• Establishing a uniform processing time goal of 45 days for adjudication and 60 days for issuance of an EAD;

• Improving monitoring and ensuring real-time visibility through an automated system for tracking processing times;

• Following established internal procedures for issuing interim EADs in cases where background checks are pending; and

• Issuing replacement EADs with validity dates beginning on the date the old EAD expires.

Read the Ombudsman’s full report, including EAD process improvement recommendations, existing USCIS best practices

and procedures, and suggested ways to implement the recommended improvement measures. Click here to read.

2. USCIS Considers Changes to Employment Authorization Policies for TPS Beneficiaries

On September 8, 2011, U.S. Citizenship and Immigration Services’ Office of Policy and Strategy and Office of Public

Engagement held a teleconference to discuss the employment authorization of temporary protected status (TPS)

beneficiaries and applicants.

USCIS initiated a review of the current policies related to TPS in 2010. During this review, USCIS noted that 8 CFR § 244.12:

• Allows TPS beneficiaries and applicants who have TPS withdrawn or denied to remain authorized for work until their

employment authorization documents (EADs) expire, rather than upon withdrawal or denial; and

• Extends the employment authorization of TPS beneficiaries or applicants whose TPS has been withdrawn or denied

through any appeal to the Administrative Appeals Office (AAO) and/or a de novo determination during removal

proceedings.

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USCIS explained that TPS beneficiaries are authorized to work based on their status. TPS applicants who are found to be

prima facie eligible for TPS may also receive employment authorization as a “temporary treatment benefit” while their TPS

applications remain pending. USCIS is considering a regulatory change that would terminate their employment authorization

if TPS is withdrawn or denied, rather than allow it to exist until the expiration of their EADs. Additionally, USCIS is considering:

• Whether a person who has appealed a TPS denial or withdrawal decision to the AAO or who has sought de novo review

of such a decision in removal proceedings should be permitted, in certain circumstances, to request that USCIS issue an

EAD while his or her TPS request is under review; and

• If so, what limitations, if any, should be placed on the EADs that may be issued while an AAO appeal is pending or while

the TPS request is under review in removal proceedings.

The USCIS notice is available here.

3. DOS Notifies USCIS of Exhaustion of Employment-Based Visa Numbers for FY2011

A 9/15/11 memorandum from the Department of State Immigrant Visa Control Office notifying USCIS of the exhaustion of all

employment-based visa numbers for FY2011. The memo is available here.

4. U.S. Consulate in Mumbai Resumes H and L Visa Processing

The U.S. Consulate General in Mumbai recently announced the resumption of interviews for H and L visas, after a stoppage

beginning in March 2011 due to aging infrastructure. In 2010, Indian applicants received 65 percent of all H-1B visas issued

worldwide. All interviews will be conducted at the Lincoln House Consulate building, located at 78, Bhulabhai Desai Road,

until further notice. Visa appointments may be made online via VFS here. The announcement is available here.

5. Prevailing Wage Determinations Update

The Department of Labor (DOL) Office of Foreign Labor Certification’s (OFLC) National Prevailing Wage Center (NPWC)

continues to be backlogged in issuing Prevailing Wage Determinations (PWDs) due to priority processing of prevailing wage

redeterminations of approximately 4,000 H-2B cases. Requests for PWDs filed in early June 2011 are still pending. In the

past, such requests were usually processed in three to four weeks. Because the NPWC handles PWDs for the PERM labor

certification, H-1B, H-1B1 (Chile/Singapore), H-2B, and E-3 programs, the recent temporary suspension of processing PWDs,

redeterminations, and Center Director Reviews has left many employers at an impasse, as they are unable to secure first-rate

foreign talent within expected timeframes.

The NPWC has been issuing the following e-mail in response to practitioner and employer inquiries: The OFLC National

Prevailing Wage Center is experiencing delays in processing prevailing wage determinations as it is currently working to reissue

certain determinations to comply with a court order issued June 15, 2011 in the United States District Court for the Eastern

District of Pennsylvania. A Notice of Proposed Rulemaking was published in the Federal Register on June 28, 2011, and

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a Final Rule will be published on August 1. All Center resources are currently being utilized to comply with this court order.

The processing of Prevailing Wage Determinations, redeterminations, and Center Director Reviews has been temporarily

suspended. Processing will resume as soon as full compliance with the court order has been completed by OFLC.

On Thursday, August 18, 2011, DOL held a call with the American Immigration Lawyers Association (AILA) and other

stakeholders to discuss the suspension of prevailing wage determinations. While DOL did not specify a date when it would

complete the H-2B redeterminations, it was confirmed they must all be issued before September 30 in order to comply

with the court order. As the H-2B backlog for redeterminations becomes current, DOL will process PERM and H-1B PWD

requests.

Seyfarth Shaw’s Business Immigration Group is equipped to navigate employers through the rough waters of PWDs and

other immigration red-tape that affects not only your foreign national workforce, but your company’s overall success.

Read the DOL’s final rule, published at 76 Fed. Reg. 45667 (Aug. 1, 2011) here, as well as AILA’s notes here.

6. DOL Releases H-2A Employer Filing Tips

The Department of Labor’s Office of Foreign Labor Certification has released “H-2A Employer Filing Tips.” Based on 16

months of processing experience at the Chicago National Processing Center, the filing tips remind employers about common

mistakes that may result in processing delays for temporary agricultural workers. Included are tips on pre-filing, forms, and

recruitment.

The filing tips are available here and an FAQ on the H-2A program is available here.

7. DHS, USCIS Announce Initiative To ‘Promote Startups and Spur Job Creation’

On August 2, 2011, Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS)

Director Alejandro Mayorkas announced a series of “policy, operational, and outreach efforts” to fuel the U.S. economy and

stimulate investment by attracting foreign entrepreneurial talent of exceptional ability or those who can create jobs, form

startup companies, and invest capital in areas of high unemployment. The DHS/USCIS announcement noted the following:

• USCIS will conduct internal training on the unique characteristics of entrepreneurial enterprises and startup companies

and incorporate input from a new series of stakeholder engagements;

• The employment-based second preference (EB-2 visa) classification includes foreign workers with advanced degrees

and individuals of exceptional ability in the arts, sciences, or business. Generally, an EB-2 visa petition requires a job

offer and a Department of Labor certification. These requirements may be waived under existing law if the petitioner

demonstrates that approval of the EB-2 visa petition would be in the national interest of the U.S. USCIS noted that

entrepreneurs may obtain an EB-2 immigrant visa if they satisfy the existing requirements, and also may qualify for a

national interest waiver under that visa category if they can demonstrate that their business endeavors will be in the

interest of the U.S.;

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• In response to previous stakeholder feedback, USCIS has updated its existing FAQs to clarify that an H-1B beneficiary

who is the sole owner of the petitioning company may establish a valid employer-employee relationship for the purposes

of qualifying for an H-1B nonimmigrant visa;

• USCIS is “transforming” the EB-5 immigrant investor intake and review process. In May, USCIS proposed extending

the availability of premium processing for certain EB-5 applications and petitions, implementing direct lines of

communication between applicants and USCIS, and providing applicants with the opportunity for an interview before

a USCIS panel of experts to resolve outstanding issues in an application. After reviewing stakeholder feedback on this

proposal, USCIS is developing a “phased plan to roll out these enhancements and is poised to begin implementing the

first of these enhancements within 30 days” of August 2, 2011. As of June 30, 2011, USCIS estimated that the EB-5

program has resulted in more than $1.5 billion in capital investments and created at least 34,000 U.S. jobs;

• Premium processing service is being expanded for immigrant petitions for multinational executives and managers; and

• USCIS is launching a new series of engagement meetings for entrepreneurs and startup companies. These meetings will

focus on soliciting input from stakeholders on how USCIS can address the unique circumstances of entrepreneurs, new

businesses, and startup companies through its employment-based policies and regulations. USCIS also seeks feedback

on examples of the business lifecycle for entrepreneurial ventures, small businesses, and startups, to include initial

funding available, typical organizational structure, ownership structure, and payment of salaries; and examples of typical

business plans for entrepreneurs and startups.

The DHS/USCIS announcement is here.

A USCIS FAQ on entrepreneurs and the EB-2 category is available here.

For more information on USCIS’s public meetings, see here.

For a reaction to this initiative and suggestions to improve it, see the following blog post by Seyfarth Partner, Angelo A.

Paparelli, “Executive Craftsmanship: Job Creation through Existing Immigration Laws.”

8. USCIS Publishes CNMI Transitional Worker Final Rule

U.S. Citizenship and Immigration Services (USCIS) published a final rule on September 7, 2011, that establishes a transitional

worker nonimmigrant visa classification (CW) for workers in the Commonwealth of the Northern Mariana Islands (CNMI). The

CW classification allows employers in the CNMI to hire nonimmigrant workers who are otherwise ineligible to work.

A foreign worker may be eligible for CW status if he or she is: Ineligible for a nonimmigrant or immigrant classification

under the Immigration and Nationality Act; Entering or staying in the CNMI to work as a needed foreign national worker to

supplement the resident workforce; The beneficiary of a petition filed by a legitimate employer who is doing business in

the CNMI; Not present in the United States, other than the CNMI; Lawfully present in the CNMI or, if not present, intending

to enter the CNMI with a visa; and Admissible to the United States or has received any necessary waiver of a ground of

inadmissibility.

An employer may be eligible to petition for a CW worker if the employer:

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Is conducting a legitimate business, as defined in the final rule; Has considered all available U.S. workers for the position;

Offers terms and conditions of employment consistent with the nature of the employer’s business in the CNMI; Is complying

with federal and CNMI employment requirements; Files a Form I-129CW, Petition for CNMI-Only Nonimmigrant Transitional

Worker, and a CW-1 Classification Supplement with USCIS; and Submits the appropriate filing fees.

The CW visa classification is valid only in the CNMI and provides no basis for travel or work in any other part of the United

States, except for nationals of the Philippines, who may travel between the Philippines and the CNMI through the Guam

airport. The final rule also provides for the grant of derivative CW status to spouses and minor children of CW workers.

The announcement is available here.

The final rule is available here. A Q&A is available here. For more information and announcements on immigration benefits

specific to the CNMI, see here.

9. DHS Publishes Regulation To Facilitate Electronic Filing

The Department of Homeland Security (DHS) has published the first in a series of regulations intended to promote the

migration of U.S. Citizenship and Immigration Services (USCIS) benefit filings from a paper-based environment to an

electronic one. The agency noted that the regulation “is an important step toward modernizing how USCIS handles the more

than 6 million benefit applications submitted annually.”

Over the next several years, USCIS plans to roll out an online account system that will enable people to submit benefit

requests and supporting documents electronically. The new Web-based system is intended to simplify the process of

applying for immigration benefits. It will assign new users a unique account that will enable them to access case status

information, respond to USCIS requests for additional information, update certain personal information, and receive decisions

and other communications from USCIS.

The new regulation revises more than 50 parts of DHS title 8 regulations. It eliminates references to outdated USCIS

benefit request forms and descriptions of paper-based procedures. In addition, the regulation removes numerous obsolete

provisions.

The public is invited to comment on this regulation and offer suggestions on further improvements. Comments must be

received by October 28, 2011. The new regulation will become effective on November 28, 2011.

The new regulation, which was published in the Federal Register on August 29, 2011, is available here.

The USCIS announcement is available here.

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10. USCIS Institutes Direct E-Mail Communication for Regional Center Applicants

USCIS is implementing the first phase in a series of proposed enhancements to the EB-5 immigrant investor program.

Beginning on September 13, 2011, Form I-924 (Application for Regional Center Under the Immigrant Investor Pilot Program)

applicants are able to communicate directly with USCIS adjudicators via e-mail.

USCIS intends to monitor the progress of this new line of communication to assess whether changes are needed and to

implement any needed changes on a “real-time basis.” Feedback in response to the use of the direct line of communication

for the I-924 may be e-mailed to opefeedback@uscis.dhs.gov.

USCIS said it “is eager to implement all of the proposed enhancements to the EB-5 program that it first announced on

May 19, 2011.” USCIS is exploring how it can accelerate the implementation of premium processing, “which customarily

takes months due to the need to revise the applicable forms.” USCIS said it is hiring economists and other experts who will

enhance and accelerate the adjudication process and also help constitute the Decision Board that was first described on

May 19.

Information on the proposed enhancements to EB-5 processing is available here.

11. USCIS Redesigns Customer Service Center 1-800 Options

U.S. Citizenship and Immigration Services (USCIS) recently redesigned its Interactive Voice Response System (IVR),

accessible via the National Customer Service Center. Among other things, USCIS shortened and reorganized the menu

options. The new IVR has three main menu options, a decrease from the 10 options previously in place. The three new

options are Immigration Services, Immigration Information, and Special Programs and Other Resources.

The NCSC main number is 1-800-375-5283. Those who are outside the United States and have filed an application or

petition with a USCIS Service Center may call 785-330-1048 to check the status of their case via an automated system.

For additional information, refer to the USCIS website, here.

12. Obama Administration Announces Focus on High-Risk Cases in Removal Proceedings

On August 18, 2011, Secretary of Homeland Security Janet Napolitano announced that the Obama administration plans

to focus removal efforts on high-priority cases such as convicted felons and others posing a threat to public safety, and to

initiate an interagency case-by-case review to ensure that both those currently in removal proceedings and new cases placed

in removal proceedings meet those priorities. Secretary Napolitano cautioned that this process “will not provide categorical

relief for any group.” A related memorandum from U.S. Immigration and Customs Enforcement (ICE) issued in June on

prosecutorial discretion notes:

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The following positive factors should prompt particular care and consideration:

• veterans and members of the U.S. armed forces;

• long-time lawful permanent residents;

• minors and elderly individuals;

• individuals present in the United States since childhood;

• pregnant or nursing women;

• victims of domestic violence; trafficking, or other serious crimes;

• individuals who suffer from a serious mental or physical disability; and

• individuals with serious health conditions.

In exercising prosecutorial discretion in furtherance of ICE’s enforcement priorities, the following negative factors should also

prompt particular care and consideration by ICE officers, agents, and attorneys:

• individuals who pose a clear risk to national security;

• serious felons, repeat offenders, or individuals with a lengthy criminal record of any kind;

• known gang members or other individuals who pose a clear danger to public safety; and

• individuals with an egregious record of immigration violations, including those with a record of illegal re-entry and those

who have engaged in immigration fraud.

The new focus on only deporting high-priority cases, such as criminals, does not amount to an amnesty program for others,

as Secretary Napolitano noted. Nor does the new policy necessarily mean that people whose removal cases are stayed can

obtain work permits. They will remain in immigration limbo: not in removal proceedings but not legal either.

Secretary Napolitano’s letter is available here.

The ICE memo is available here.

An ICE FAQ about the new policy is available here.

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13. Consumer Advisory from the American Immigration Lawyers Association: Do Not Be Misled - The Obama Administration’s Immigration Announcement is NOT an Amnesty Program!

What the new policy is NOT:

The Obama Administration announcement is NOT an amnesty, it is NOT about granting legal status, and is NOT something

that you can sign-up for! The Obama Administration made very clear that the announcements do NOT provide any way to

“apply” for a work permit or “EAD” nor is there a new way to apply to remain in the United States. The change announced

is not about giving people work permits or legal status. The announcement applies ONLY to cases already in the system,

ensuring that low priority cases do not continue to clog up an already overburdened immigration court system.

WARNING!

Do NOT believe anyone who tells you they can sign you up for a work permit (Employment Authorization Document or “EAD”)

or get you legal status based on the Secretary Napolitano’s August 18, 2011 announcement! Anyone who says that is not

to be trusted! There is NO “safe” way to turn yourself in to immigration and there is NO guarantee that your case will be

considered “low priority.” ANY person who comes into contact with immigration authorities may be arrested, detained or even

removed.

Only a QUALIFIED IMMIGRATION LAWYER can evaluate your case and tell your about your rights. Do NOT seek legal

advice from a notario or immigration consultant. For more information about avoiding immigration scams go to www.

StopNotarioFraud.org. Read AILA’s entire Consumer Advisory here.

14. USCIS Issues Policy Memo on B-2 Extensions for Cohabiting Partners and Other Household Members of Principal Nonimmigrants

U.S. Citizenship and Immigration Services’ new policy memorandum on B-2 extensions for cohabiting partners and other

household members of principal nonimmigrants does not change eligibility requirements for change of status to B-2, or

extension of B-2 status. Rather, it clarifies that such a change and/or one or more extensions are appropriate in the exercise

of discretion for household members, including the cohabitating partner of a principal nonimmigrant visa holder, when

other eligibility requirements are met. When evaluating an application for change to or extension of B-2 status based on

cohabitation, the memo states, the cohabitating partner’s relationship to the principal nonimmigrant in another status will

be considered a favorable factor in allowing the household member to obtain or remain eligible for B-2 classification. When

considering a change of status and/or multiple extensions for the cohabitating partner or other household member, the

finite nature of the stay, rather than the duration of the stay or number of extensions sought, is controlling with respect to

nonimmigrant intent. For example, the visit should be considered temporary even if the status may be extended several

times over several years to match an extended course of study undertaken by the principal. However, while the I-539 (B-

2) application must be adjudicated on its own merits, the memo notes, a finding that the principal nonimmigrant lacks

nonimmigrant intent is a negative factor in the exercise of discretion.

Read the USCIS Policy Memo in its entirety here.

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15. SEVP Updates SEVIS Instructions, List of Approved Schools

SEVP Updates SEVIS Instructions, List of Approved Schools – U.S. Immigration and Customs Enforcement’s Student

and Exchange Visitor Program (SEVP) released updated instructions on September 7, 2011, for users of the Student and

Exchange Visitor Information System (SEVIS). The instructions include information for new users, users with deleted SEVIS

access, those deleting or terminating access, and password resets. Also, on September 1, SEVP released an updated list

of approved schools, along with an approved schools map. The updated instructions are available here. The latest list of

approved schools is available here. The map is available here.

16. USCIS Announces Extension of Deferred Enforced Departure for Liberians

Employment authorization is extended automatically for eligible Liberian nationals covered under deferred enforced departure

(DED) through March 31, 2012.

USCIS Announces Extension of Deferred Enforced Departure for Liberians U.S. Citizenship and Immigration Services (USCIS)

announced on August 16, 2011, its intention to extend employment authorization automatically for Liberian nationals covered

under deferred enforced departure (DED) through March 31, 2012. USCIS’s announcement follows President Obama’s

announcement of his decision to extend DED through March 31, 2013, for qualified Liberians and those persons without

nationality who last habitually resided in Liberia. The six-month automatic extension of existing employment authorization

documents (EADs) for eligible Liberians will permit them to continue working while they file their applications for new EADs.

The new EADs will be effective for the full 18 months of the DED extension. Although DED was scheduled to end for Liberian

nationals on September 30, 2011, the administration decided that there are compelling foreign policy reasons to continue

deferring enforced departure.

To learn more about who qualifies for Deferred Enforced Departure, read The President’s memorandum here.

17. Effective October 1, 2011, U.S. Embassies in Copenhagen and Oslo will no longer process immigrant visa (IV) or diversity visa (DV) applications

As of October 1, 2011, all immigrant and diversity visa interviews and adjudications for residents of Denmark, Norway, and

Sweden will take place at the U.S. Embassy in Stockholm, Sweden. Embassies Copenhagen and Oslo will continue to

process all cases currently underway until December 31, 2011. After December 31, all pending immigrant and diversity visa

cases will be transferred to Embassy Stockholm. Embassies Copenhagen and Oslo will continue to offer some immigration-

related services. For more complete information, please visit the appropriate Embassy website.

Note that this change only affects immigrant visa processing. U.S. Embassies in Oslo and Copenhagen will continue to

process nonimmigrant visas for business, tourism, education, and other purposes.

The posts in Copenhagen and Oslo will continue to provide the full range of services to American citizens, including the

issuance of U.S. passports, issuance of reports of birth abroad for children born in Denmark and Norway to American citizen

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parents, provision of emergency services to American citizens, performance of notarial services, and assistance in voting by

absentee ballot in U.S. elections.

You can find President Obama’s memorandum on Deferred Enforced Departure on the White House’s web site, http://www.

whitehouse.gov/

1. Immigration and Customs Enforcement (ICE) Declares ‘Secure Communities’ Mandatory, Not Optional

U.S. Immigration and Customs Enforcement (ICE) Director John Morton sent a letter on August 5, 2011, to governors

terminating all existing Secure Communities memoranda of agreement “to clarify an issue that has been the subject of

substantial confusion,” which is that “[a memorandum of agreement (MOA)] between ICE and a state is not required to

operate” Secure Communities in that state. In recent months, several state and local jurisdictions had signed MOAs before

participating, and some states subsequently attempted to rescind their MOAs. Noting that participation in the program is

not optional, ICE said that “[o]nce a state or local law enforcement agency voluntarily submits fingerprint data to the federal

government, no agreement with the state is legally necessary for one part of the federal government to share it with another

part.” ICE said it plans to continue expanding the program and hopes to achieve nationwide activation by 2013.

Secure Communities uses an already existing federal information-sharing partnership between ICE and the Federal Bureau

of Investigation (FBI). For decades, local jurisdictions have shared the fingerprints of individuals who are booked into jails

with the FBI to see if they have a criminal record. Under Secure Communities, the FBI automatically sends the fingerprints to

ICE to check against its immigration databases. If these checks reveal that an individual is unlawfully present in the U.S. or

otherwise removable due to a criminal conviction, ICE takes enforcement action, prioritizing the removal of individuals who

present the most significant threats to public safety as determined by the severity of their crime, their criminal history, and

other factors, as well as those who have repeatedly violated immigration laws. ICE noted that “Secure Communities imposes

no new or additional requirements on state and local law enforcement,” and that “the federal government, not the state or

local law enforcement agency, determines what immigration enforcement action, if any, is appropriate.”

An example of the letter sent to governors is available here.

For more information on Secure Communities, click here.

2. DHS Homeland Security Advisory Council’s Task Force on Secure Communities report recommending ways ICE may improve the Secure Communities program. Read the Task Force’s findings and recommendations here.

SEYFARTH WORKFORCE AUTHORIZATION TEAM (SWATeam)

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3. ICE Revised Immigration Detainer Form I-247Issued in June 2011. The form instructs that state and local authorities are not to detain an individual for more than 48 hours,

excluding weekends and holidays, and requires local law enforcement to provide a copy to detainees. Read more about

Secure Communities and Form I-247 here.

4. Social Security Online: Invalid or impossible Social Security numbers

The Social Security Administration advises:

Which Social Security numbers are invalid? An invalid or impossible SSN is one that we never assigned. We have never

assigned an SSN with the first three digits of:

• 000;

• 666; or

• 900 series

Additionally, prior to June 25, 2011, we never assigned an SSN with the first three digits of:

• 000;

• 666;

• Above 772 in the 700 series;

• 800 series; or

• 900 series

We have never assigned an SSN with the second two digits of 00 or the last four digits of 0000.

More information is available here.

5. House Judiciary Chairman Lamar Smith (R-TX) introduced the Legal Workforce Act of 2011, H.R. 2164, to make E-Verify mandatory for all employers across the country; September 21, 2011 - U.S. House of Representatives, Committee on the Judiciary Approves Bill The House Judiciary Committee Approved the Legal Workforce Act (H.R. 2885), a bill that could open up millions of jobs for

unemployed American workers by requiring all U.S. employers to use E-Verify. The bill was reported favorably to the House

floor by a vote of 22-13.

Read the bill here.

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Read the Committee’s press release here.

SEYFARTH IMMIGRATION EVENTS AND NEWS

Employers Sue DOL To Block H-2B Wage IncreasesWith the Assistance of Seyfarth’s Senior Counsel, Leon R. Sequeira, Esq., Employers Fight Back:

On September 7, a broad group of H-2B employers and trade associations from a variety of industries sued the Department

of Labor in federal court in Louisiana regarding the H-2B mandatory wage increases scheduled to go into effect on

September 30. The plaintiffs allege that DOL failed to comply with the Administrative Procedure Act in issuing the

regulations mandating the wage increase. Every H-2B employer will see wage rates increase under the new rules. Many

H-2B employers are facing mandatory increases of 50 or 60% or more, with some being required to pay wage increases

of more than 120%. The plaintiffs are seeking an injunction to block the rule from going into effect on September 30 and

are represented by Seyfarth Shaw and the law firm Fisher & Phillips. The judge presiding over the matter has scheduled a

hearing for Friday, September 23, 2011 on the plaintiff’s request for an injunction.

Leon R. Sequeira testified on September 13 before the House Committee on Education and the Workforce about the

Department of Labor’s (mal)administration of the H-2A program. Read the complete testimony of Mr. Sequeira here.

James King was quoted in an August 26 Atlanta Business Chronicle article titled, “Costly Compliance: Immigration law adds

new concerns for businesses.” Read the full article here.

Angelo Paparelli was quoted in an August 16 article, “Business Visas Investigated,” which was published in Human Resource

Executive. Read the full article here.

John Quill published an update to his article, “Consular Processing: A Guide to Nonimmigrant and Immigrant Visa

Applications at U.S. Consular Posts” in the MCLE Immigration Practice Manual. The updated practice manual is available

here.

Angelo Paparelli co-authored an article in the New York Law Journal on August 30, titled, “Looking for Fraud in All the Wrong

Places—H-1Bs Working From Home.” 08/30/2011 Read the full article on our web site here.

In addition, Mr. Paparelli has posted several new blog entries on his Nation of Immigrators public policy blog.

• “Off-Message Immigration Bureaucrats Undermine the President’s Jobs Push by Refusing L-1 Specialist Visas to

Indian Citizens” can be found here.

• “A Decade after 9/11: The Fear of Lax Immigration Enforcement Still Haunts America” can be found here.

• “Executive Craftsmanship: Job Creation through Existing Immigration Laws” can be found here.

www.seyfarth.com

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Immigration Inbox

• “A Cancer within the Immigration Agency” can be found here.

By: Angelo Paparelli, Liz Wheeler, and John Quill

Angelo Paparelli is a partner and Liz Wheeler is an attorney in Seyfarth’s Los Angeles Downtown office. John Quill is senior

counsel in the Boston office. If you would like further information, please contact your Seyfarth Shaw LLP attorney, Angelo

Paparelli at apaparelli@seyfarth.com, Liz Wheeler at ewheeler@seyfarth.com, John Quill at jquill@seyfarth.com or any Business

Immigration attorney on our website.