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A QUARTERLY UPDATE ON IMMIGRATION Fourth Quarter 2005 COMPUTER STAFFING FIRM TO PAY $2.65 MILLION IN BACK Computech Inc., a Southfield, Mich., firm that places computer professionals at locations throughout the United States has agreed to pay $2,250,000 in back wages to 232 computer professionals and a $400,000 fine to settle immigration law violations, the U.S. Labor Department announced today. An investigation by the Labor Department's Wage and Hour Division found that Computech brought non-immigrant H-1B workers into the U.S., but failed to pay them the minimum required wage rates in the areas where they were employed. The investigation also disclosed that Computech frequently "benched" the workers without compensation contrary to the rules of the H-1B program. "The Department of Labor aggressively enforces the law to ensure that temporary foreign workers are compensated fully and fairly," said Secretary of Labor Elaine L. Chao. "Abuse of the temporary foreign worker program is not tolerated and violators, as this case shows, are vigorously pursued." The settlement, approved by a U.S. Labor Department administrative law judge, orders the company to pay $2,250,000 to 232 foreign workers and a $400,000 fine in addition to the back wages. The company is also prohibited from participation in the H-1B visa program for 18 months. The H-1B visa program allows foreign workers to enter and work temporarily in the United States in professional level jobs such as computer programmers, engineers, medical doctors and teachers. H-1B workers must be paid at least the same wage rates and benefits as those paid to U.S. workers already doing the same job in the same area. Computech contracts with other firms to supply computer professionals who work on the premises of those firms. It has customers across the U.S., with the largest numbers of its workers in Michigan, Illinois, California, New Jersey, New York, Pennsylvania, Texas and Minnesota. The Wage and Hour Division enforces the H-1B wage provisions of the Immigration and Nationality Act, in addition to other federal laws pertaining to wage payments. HOUSE PASSES HARSH ENFORCEMENT-ONLY BILL Late on December 16, the House passed the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (H.R. 4437), Rep. Sensenbrenner's harsh enforcement-only bill that would criminalize 11 million immigrants, by a vote of 239-182. H.R. 4437 would criminalize unlawful presence; strip the courts of much of their remaining jurisdiction over immigration matters; gut the due process rights of aliens and permanent residents; expand expedited removal; broaden the definition of alien smuggling to include churches, employers, family members, and immigrant advocates; expand the definition of aggravated felony; create new grounds of deportability and inadmissibility; increase mandatory detention; militarize the border; and place limitations on eligibility for naturalization. H.R. 4437 is a disappointing, disastrous measure for both immigrants and U.S. citizens alike, and AILA will be working closely with the Senate, once Congress reconvenes in January, to craft a reasoned and sensible approach to fixing our broken immigration system-an approach that offers an opportunity for success. VAWA 2005 CLEARED FOR PRESIDENT The Senate and the House have cleared for the President's signature the Violence Against Women Reauthorization Act of 2005 (VAWA 2005). The VAWA provisions were contained in the DOJ Appropriations Authorization Act for Fiscal Years 2006-2009 (H.R. 3402), amended and passed by the Senate on December 16, and cleared by the House on December 17. The President is expected to sign the legislation shortly. During the Senate Judiciary Committee's consideration of its VAWA bill (S. 1197), Senator Jon Kyl (R-AZ) was successful in attaching an amendment that authorizes any federal government agency to collect DNA samples from people who are arrested or detained under federal authority in order for those DNA profiles to be included in the federal (CODIS) DNA database. That amendment unfortunately was included as part of the final VAWA package, despite strong opposition by the National Task Force to End Domestic Violence and Sexual Violence, the National Network to End Violence Against Immigrant Women, privacy groups, immigration groups, and AILA members. H-2B CAP EXHAUSTED FOR FIRST-HALF OF FISCAL YEAR; USCIS press release announces that the agency has received enough petitions to reach the H-2B cap for the first-half of FY2006. USCIS also addresses how it will handle cap-subject petitions filed on or after December 15, 2006, returning worker H-2B petitions and H-2B petitions for the second half of FY2006. On a related note, on December 15, 2005, USCIS provided updated figures on fiscal year 2006 usage of H-2B first-half numbers and H-1B numbers for graduates of U.S. advance degree programs. As of December 9, 2005, taking into account approved and pending petitions, there were approximately 2,500 available H-1B numbers for graduates of U.S. advanced degree programs. BUDGET RECONCILIATION BILL MOVES AHEAD On December 19 the House adopted a conference report on the budget reconciliation bill (S. 1932) that did not include the Senate Judiciary Committee provisions that would have recaptured unused H-1B and employment-based visa numbers. The House was also forced to strip its proposal to impose a $1,500 fee increase on L visas from the final bill. Although we are very disappointed that Congress did not take affirmative action to ameliorate the crisis confronting American businesses and universities, at least the House was prevented from imposing the regressive tax on businesses using the L visas that it originally contemplated. The Senate amended the budget reconciliation bill before passing it, which means that it must return to the House for final passage. Most likely, the bill will pass the House as is, without the H-1B and EB visa petitions, although final passage may be delayed until the new year. If it does pass, AILA will begin looking for new options to secure H-1B blackout and retrogression relief. Despite this setback, AILA is extremely pleased that the efforts of hundreds of AILA members resulted in the Senate's initial passage of provisions that would have recaptured H-1B and EB numbers. Although AILA did not succeed in the House this time, it made it known to Congress that American businesses and universities are facing a crisis, and AILA will continue to send that message as we work to find new avenues for relief. We hope you will continue with us in this fight. DHS COMPLETES FOUNDATION OF BIOMETRIC ENTRY SYSTEM Department of Homeland Security's (DHS) US-VISIT program has completed installation of biometric entry capabilities at 104 land border ports, as mandated by Congress. Biometric entry capabilities are now deployed at all fixed ports of entry open to US-VISIT travelers. "The U.S. Government's efforts to strengthen our nation's immigration and border management system have taken a giant leap with the deployment of US-VISIT entry capabilities at all our ports and visa-issuing posts abroad," said DHS Secretary Michael Chertoff. "US-VISIT is making America safer by enhancing our border management system with next-generation technologies and processes to address the emerging threats, challenges and opportunities of our 21st century world." US-VISIT installed biometric entry procedures at the 50 busiest land border ports along the U.S.-Canada and U.S.-Mexico land borders as of December 29, 2004; meeting the December 31, 2004 deadline. The deployment of biometric entry procedures to each of the remaining 104 land border ports of entry is also ahead of the congressional deadline of December 31, 2005. US-VISIT is a continuum of security measures that collect biometric and biographic information from visitors at U.S. visa-issuing ports upon their arrival and departure from U.S. air, sea and land border ports. The program enhances security by verifying each visitor's identity and by comparing their biometric and biographical information against watch lists of terrorists, criminals and immigration violators. Since January 2004, US-VISIT has processed more than 44 million visitors, which makes the program the largest-scale application of biometrics in the world. Biometrics have enabled US-VISIT to intercept, at U.S. ports of entry, more than 970 people with histories of criminal or immigration violations, including the federal penitentiary escapees, convicted rapists, drug traffickers, individuals convicted of murder and numerous immigration violators. Additionally, the State Department's Bio Visa program, which is fully integrated with US-VISIT, has resulted in over 14,000 hits on individuals applying for visas to travel to the United States. At many land border ports of entry, US-VISIT has decreased processing time in secondary inspection as a result of the automation of Form I-94 issuance process and US-VISIT's simple, fast and clean biometric processes. US-VISIT currently applies to all visitors entering the United States, regardless of country of origin or whether they are traveling on a visa, with certain exemptions. Canadian citizens are exempt, as are most Mexican visitors who apply for admission using a Border Crossing Card, also known as a laser visa and travel within the border zone during the 30 day time limit.
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The immigration law practice of Meyner and Landis LLP provides a full scope of immigration law services. This includes representation of large and small businesses seeking to recruit and retain foreign nationals to meet staffing goals; foreign nationals seeking work or trader or investor opportunities or wanting to achieve family reunification; and foreign nationals in deportation proceedings, including those who face removal from the U.S. due to criminal convictions.
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