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A Quarterly Update On Immigration Law (Third Quarter 2006)

A QUARTERLY UPDATE ON IMMIGRATION
LAW FROM MEYNER AND LANDIS LLP

Third Quarter 2006

In this Issue:

PRESIDENT BUSH SIGNS SECURE FENCE ACT OF 2006

On October 26, 2006, President Bush signed the Secure Fence Act of 2006 (H.R. 6061) into law. This legislation authorizes 700 miles of fencing along the Southwest border with Mexico. To date, however, Congress has only appropriated a small fraction of the more than $7 billion it would cost to erect such a structure. The current appropriation of $1.18 billion, provided for in the DHS Appropriations Act of 2007, will only fund 90 miles of fence, according to experts.

In response to the bill’s signing, AILA President Carlina Tapia-Ruano stated that it was “a simple political gesture, and a waste of tax payers’ money. This enforcement-only measure provides cover for Republicans in Congress in need of help with their reelection prospects and only serves to mask the fact that Congress isn’t dealing with immigration.”

ELECTRONIC COMPLETION AND STORAGE OF I-9 FORMS

Provided certain standards are met, employers are now permitted to complete, sign and store I-9 Forms (and to electronically scan and store existing I-9s). An upgraded downloadable pdf form is available on USCIS’ website at uscis.gov.

DOL AWARDS PREVAILING WAGE TO FIRED H-1B FOR PERIOD OF H-1B AUTHORIZED STAY DUE TO LACK OF BONA FIDE TERMINATION

The DOL’s Administrative Review Board recently addressed what circumstances constitute termination of employment for purposes of the employer’s H-lB obligations. In its analysis of the case, Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06), the Board ruled that the employer, Amtel Group, had not effected a bona fide termination of its H-lB internal auditor employee, because there was “no evidence that Amtel notified the INS that it had terminated (the H-lB employee) and that Amtel provided (the H-lB employee) with payment for her transportation home.” As a result, the Board decided that Amtel was not justified in withholding the salary otherwise due to the employee. The Board then ordered Amtel to pay the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-lB employment.

FY 2007 U.S. ADVANCED-DEGREE H1B CAP REACHED

USCIS announced that the U.S. Advanced Degree H-1B cap was reached on July 26, 2006. Those received on July 26, 2006 will be subject to the random selection process.

EMPLOYMENT AUTHORIZATION DOCUMENTS

As of April 1, 2005, USCIS required applications for employment authorization to be filed at one of the four USCIS Service Centers or the National Benefits Center. Since then, some local offices have continued to accept applications at their discretion. Following September 1, 2006, all EAD applications filed locally will be forwarded to Service Centers for processing.

PREMIUM PROCESSING EXPANDED

USCIS announced that on August 28, 2006 it will begin accepting Premium Processing requests for EB-3 Professionals and EB-3 Skilled Workers. In addition, USCIS will release a new Form I-907 to include the newly designated classifications.

USCIS announced that beginning September 25, 2006, it will begin accepting Premium Processing requests for I-140 filings for EB-1 outstanding professors and researchers, EB-2 members of professions with advanced degrees or exceptional ability not seeking a National Interest Waiver, and EB-3 workers other than skilled workers and professionals.

Portions of this Newsletter have been
Reprinted with permission from AILA
Copyright © 2006, American Immigration Lawyers Association

The material contained in this newsletter is for informational purposes and should not be considered legal advice.
For further information, please contact Anthony F. Siliato, Esq.
Meyner and Landis LLP, One Gateway Center, Suite 2500, Newark, NJ 07102
(973) 624-2800 ext. 240 @ asiliato@meyner.com
Website: www.meyner.com