Employers: Are your I-9 records in order? 07/02/09

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If not, it’s time for an internal audit or an external audit performed by the Hammond Law Group! Immigration and Customs Enforcement (“ICE”) announced yesterday that the office will send audit letters to 652 businesses throughout the U.S. to determine whether they are complying with employment verification laws and regulations.

As stated on the ICE News Release, “Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual’s identity document(s) and determine whether the
document(s) reasonably appear to be genuine and related to the individual. The 652 businesses being presented with a [Notice of Intent] today for a Form I-9 audit have been selected for inspection as a result of leads and information obtained through other investigative means. Due to the ongoing, law enforcement sensitive nature of these audits, the names and locations of the businesses will not be released at this time.” (http://www.ice.gov/pi/nr/0907/090701washington.htm)

For more information on the I-9 Audits, please visit the ICE website at www.ice.gov or contact the Hammond Law Group.


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41 Responses to this article

 
jaya July 4, 2009 Discuss on Twitter @healthcarevisas Reply

I learned more about friendship and friends online in your blog and I need to get more friends thorugh you blog to my social networking website and Online friends community to get more entertainment with online friends.

Indian Friends Online Community

Social Network website

Make Money Online

 
DANILO July 6, 2009 Discuss on Twitter @healthcarevisas Reply

July 2009 Visa Bulletin : EB2 China Retrogresses to 01 Jan 2000
Posted Jun 19, 2009
©MurthyDotCom
As expected, the U.S. Department of State (DOS) Visa Bulletin for July 2009 contains a cut-off date of January 1, 2000 for EB2, China. This places EB2 China and India at the same date, and is a reflection that demand in these categories far exceeds the supply of visa numbers. MurthyDotCom and MurthyBulletin readers were provided with detailed information on the current state of employment-based (EB) visa numbers in our May 29, 2009 article, Employment-Based Visa Number Movement and Predictions. The DOS issued a further explanation along with the July 2009 Visa Bulletin, summarized here. [The most current Visa Bulletin chart is always available on MurthyDotCom.]
©MurthyDotCom
Employment-Based, First Preference (EB1)
This category is current for all countries of chargeability.
©MurthyDotCom
Employment-Based, Second Preference (EB2)
This category is current for all countries, except India and China. The cut-off date for China moved back more than five years, to January 1, 2000. The cut-off date for India remains at January 1, 2000, after being set at that date in the June 2009 Visa Bulletin.
©MurthyDotCom
Employment-Based, Third Preference (EB3)
The EB3 category has been depleted for the year, and remains completely unavailable until the next fiscal year (FY). The new USCIS fiscal year of FY2010 begins October 1, 2009.
©MurthyDotCom
Employment-Based, Fourth (EB4) and Employment-Based, Fifth Preference (EB5)
These categories are current for all countries of chargeability and subcategories.
©MurthyDotCom
DOS Explanation on Movement of Priority / Visa Dates
©MurthyDotCom
The DOS issued an explanation, which essentially mirrors the information provided in our May 29, 2009 article, cited above. The DOS estimates that the entire allocation of 140,000 EB visa numbers will be depleted in fiscal year (FY) 2009. The need in EB4 and EB5 has been extremely heavy. While there are enough numbers to meet these requests for the moment, this demand impacts EB2 and EB3. Unused EB4 and EB5 visa numbers can be shifted and used in EB1 and EB2. Historically, this has allowed EB2 India and China to exceed the annual allocation of 2,800 visa numbers to each country. Without the extra numbers, the requests for India and China remain very high in comparison to their allotted numbers.
©MurthyDotCom
The same situation exists for EB1. The demand is high, and the DOS may establish a cut-off date in August or September 2009. Normally, EB1 numbers not needed for other countries would "fall across" or shift within EB1 to India and China. Additionally, if the numbers are not needed in EB1 for China or India, they trickle down to EB2.
©MurthyDotCom
These problems are likely to persist, given the immense backlog of demand. As regular readers of MurthyDotCom and the MurthyBulletin are aware, the USCIS has approximately 25,000 EB2 adjustment-of-status applications that are ready for adjudication, once an immigrant visa number becomes available. The same is true in the EB3 category.
©MurthyDotCom
Conclusion : USCIS Faster Processing Results in Faster Depletion of Visa Numbers
©MurthyDotCom
It is important to note that the cut-off dates in the Visa Bulletin are not a reflection of delayed processing by USCIS. They are a result of the very limited numbers of green card cases that can be approved each year by law. In fact, the unavailability of visa numbers is due in large part to improvements in USCIS adjudications of applications for adjustment of status (Form I-485). The visa numbers are depleted because the USCIS approved enough I-485s to use the numbers. One number is used each time an I-485 is approved; thus, increased efficiency in I-485 processing results in more approvals and earlier exhaustion of the limited supply of visa numbers.

Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved

 
DANILO July 6, 2009 Discuss on Twitter @healthcarevisas Reply

NewsFlash! H1B Cap : June 26, 2009 Update
Updated Jun 30, 2009; 5:00pm (ET)
©MurthyDotCom
The USCIS has announced that the H1B cap count increased slightly, as of June 26, 2009, to 44,800 regular cap cases. The advanced-degree cap remains at 20,000. As of this writing, both the advanced-degree and regular caps remain open. We will continue to update our readers with the latest information available.

NewsFlash! H1B Cap : June 19, 2009 Update
Updated Jun 24, 2009; 2:30pm (ET)
©MurthyDotCom
The USCIS cap count as of June 19, 2009 reports 44,500 regular cap cases. This is slightly higher than the cap count given on June 12, but is still lower than a count given for May 22, 2009.
©MurthyDotCom
As of this writing, both the Advanced Degree and Regular H1B Caps remain open. We will continue to provide updated cap count information as it is made available.

NewsFlash! H1B Cap : Count Decreases, June 12, 2009
Updated Jun 15, 2009; 6:00pm (ET)
©MurthyDotCom
The most recent USCIS H1B cap count indicates a lower number of cases than had been previously reported. The updated count reports the receipt of 44,400 “regular” cap cases, through June 12, 2009. This is lower than the previous count of 47,700, given as of May 22, 2009. No explanation was provided. Thus, this reduced number may reflect either withdrawals by employers, denials by the USCIS, duplicate filings, or an error in the prior cap counts.
©MurthyDotCom
As of this writing, both the Advanced Degree and Regular caps remain open. We will continue to provide updated cap count information.

 
DANILO July 6, 2009 Discuss on Twitter @healthcarevisas Reply

NewsFlash! I-140 Premium Processing Resumes June 29, 2009
Posted Jun 22, 2009
©MurthyDotCom
The USCIS announced on June 22, 2009 that the premium processing service will resume for I-140 (Immigrant Petition for Alien Worker) cases. This service was suspended since July 2, 2007. MurthyDotCom and MurthyBulletin readers were informed of the likelihood that this procedure would be reinstated in our June 12, 2009 article, I-140 Premium Processing Expected.
©MurthyDotCom
The USCIS announcement advises that they will accept premium processing requests for all EB1, EB2, and EB3 cases, except for EB1 Multinational Executive Transferees and EB2 National Interest Waiver cases.
©MurthyDotCom
The USCIS charges an additional $1000 filing fee for the premium processing service. For this fee, they will do one of the following within 15 calendar days: approve the case, issue a notice of intent to deny (NOID), issue a request for evidence (RFE), or open an investigation for fraud / misrepresentation. They also provide a dedicated telephone number and eMail address to facilitate communication regarding the case.

Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved

 
DANILO July 6, 2009 Discuss on Twitter @healthcarevisas Reply

Number 6
Volume VIII
Washington, D.C.
VISA BULLETIN MARCH 2009

E. ACTIVE IMMIGRANT VISA APPLICANTS REGISTERED FOR PROCESSING AT CONSULAR OFFICES ABROAD AS OF JANUARY 2009

Most prospective immigrant visa applicants qualify for status under the law on the basis of family relationships or employer sponsorship. Entitlement to visa processing in these classes is established ordinarily through approval by Citizenship and Immigration Services (CIS) of a petition filed on the applicant's behalf. When such petitions are forwarded by CIS to the Department of State, applicants in categories subject to numerical limit are registered on the visa waiting list. Each case is assigned a priority (i.e., registration) date based on the filing date accorded to the petition. Visa issuance within each numerically limited category is possible only if the applicant's place on the waiting list has been reached, i.e., the case priority date is within the visa availability cut-off dates published each month by the Department of State. Family and employment preference applicants wait for their visa numbers to become current within their respective categories on a worldwide basis according to priority date; a per-country limit on such preference immigrants set by INA 202 places a maximum on the amount of visas which may be issued in a single year to applicants from any one country, however.

The Department of State requested that the National Visa Center at Portsmouth, New Hampshire provide the totals of applicants on the waiting list in the various numerically-limited family immigrant categories. Those totals are listed below, and reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well. It should be noted that applications for adjustment of status under INA 245 which are pending at Citizenship and Immigration Services offices are not included in the totals which are being presented at this time.

 
DANILO July 6, 2009 Discuss on Twitter @healthcarevisas Reply

Number 6
Volume VIII
Washington, D.C.
VISA BULLETIN MARCH 2009

Family-Sponsored Preference Categories

F1: 228,787
F2A: 322,212
F2B: 481,726
F3: 484,230
F4: 1,206,397
Total: 2,723,352

Top Ten Countries

The ten countries with the highest number of waiting list registrants are listed below; together these represent 75.4% of the Department of State total. This list includes all countries with at least 45,000 persons on the waiting list. INA 202 sets an annual limit on the amount of family-sponsored preference visas which may be issued to applicants from any one country; the 2009 per-country limit is 15,820.
Mexico 961,744
Philippines 401,849
Dominican Republic 136,070
China 132,325
India 115,394
Vietnam 109,910
Bangladesh

50,275
Haiti 50,029
El Salvador 48,776
Pakistan 45,905
All Others 671,075
Worldwide Total: 2,723,352

 
DANILO July 6, 2009 Discuss on Twitter @healthcarevisas Reply

Number 7
Volume XI
Washington, D.C.
VISA BULLETIN FOR APRIL 2009

01MAR03 PHILIPPINES
E. RETROGRESSON OF THE WORLDWIDE, MEXICO, AND PHILIPPINES EMPLOYMENT THIRD PREFERENCE CUT-OFF DATES FOR APRIL

Despite the established cut-off date having been held for the past five months in an effort to keep demand within the average monthly usage targets, the amount of demand being received from Citizenship and Immigration Services (CIS) Offices for adjustment of status cases remains extremely high. Therefore, it has been necessary to retrogress the April cut-off dates in an attempt to hold demand within the FY-2009 annual limit. Since over 60 percent of the Worldwide and Philippines Employment Third preference CIS demand received this year has been for applicants with priority dates prior to January 1, 2004, the cut-off date has been retrogressed to 01MAR03 to help ensure that the amount of future demand is significantly reduced. As indicated in the last sentence of Item A, paragraph 1, of this bulletin, this cut-off date will be applied immediately. It should also be noted that further retrogression or “unavailability” at any time cannot be ruled out.

It has also been necessary to retrogress the Employment Third Preference Other Worker cut-off date for all countries in order to hold the issuance level within the annual limit.

F. VISA AVAILABILITY IN THE COMING MONTHS
During the past year, many preference categories have experienced steady and sometimes rapid cut-off date movement. Such action is normally followed by an increase in applicant demand. Heavy applicant demand for numbers in some categories could require cut-off date movements to slow, stop, or even retrogress at some point during the remainder of FY-2009, in order to hold visa use within the applicable annual numerical limits. Should such action occur, it would most likely be only temporary in nature, pending the start of the new fiscal year in October.

 
DANILO July 6, 2009 Discuss on Twitter @healthcarevisas Reply

Number 8
Volume IX
Washington, D.C.
VISA BULLETIN FOR MAY 2009

E. UNAVAILABILITY OF THE EMPLOYMENT THIRD PREFERENCE AND EMPLOYMENT THIRD PREFERENCE “OTHER WORKER” CATEGORIES

The cut-off dates for the Employment Third and Third preference “Other Worker” categories
were held and
then retrogressed
in an effort to bring demand within the average monthly usage targets and the overall annual numerical limits.

Despite these efforts, the amount of demand received from Citizenship and Immigration Services Offices for adjustment of status cases with priority dates that were significantly earlier than the established cut-off dates remained extremely high.

As a result, these annual limits have been reached and both categories have become

“Unavailable.”

Visa availability

in these categories

will resume in October,

the first month

of the new fiscal year.

 
Hun July 6, 2009 Discuss on Twitter @healthcarevisas Reply

sorry danilo i have not read and understand your blog

 
shalu July 7, 2009 Discuss on Twitter @healthcarevisas Reply

Mr. DANILO,
Try to be smart. U R unnecessarily pasting unwanted information.

 
JC July 7, 2009 Discuss on Twitter @healthcarevisas Reply

I told you guys! he is the headache and stress giver.IT"S THE SAME THING>>>>>>>>

 
aju July 8, 2009 Discuss on Twitter @healthcarevisas Reply

Danilo is just a head ache for all. He is getting some sort of comfort out of harrasing people and spreading negative thinking among all.

 
harry July 8, 2009 Discuss on Twitter @healthcarevisas Reply

danilo is simply amazing…………………hehehehe

 
shalu July 8, 2009 Discuss on Twitter @healthcarevisas Reply

I feel DANILO is mentally ill and needs counseling urgently.

God SAVE him/her.

Let us wish for his/her speedy recovery.

 
JOSE July 8, 2009 Discuss on Twitter @healthcarevisas Reply

shalu…….Danilo needs your care
why don't you be with him for his recovery.

 
pious July 8, 2009 Discuss on Twitter @healthcarevisas Reply

dear collegues

Everybody knows danilo have some — problems….I don't know his problems,he can fill up which problems he have…
collegues
don't write anything about him.. he will again get a bad feeling.
our treat always a psychatric approach…how v r treating as a — patient… be always quite

thanks

 
DANILO July 8, 2009 Discuss on Twitter @healthcarevisas Reply

BLOGGERS,

GOD BLESS TO ALL.

my problem belong to our LORD our GOD,read the HOLLY KORAN and the HOLLY BIBLE.

each and every bloggers who wish for their visa , only GOD will solve and provide.

HE alone can solve my problem.

my MUSLIM and CHRISTIAN brothers , HAVE PEACE ,

GOD BLESS to all.

 
CJ July 9, 2009 Discuss on Twitter @healthcarevisas Reply

Danilo,
No matter what you are and who you are, you are still a child of the universe…one of God's beautiful creation…
It is not what goes into the mouth that is dirty, but whatever that comes out.
Your brothers' comment, please take positively to transform into a much better you…..as of the moment, take time to rest in peace…

Caterine Joons

 
pious July 9, 2009 Discuss on Twitter @healthcarevisas Reply

Dear friends
comprehensive immigration reform bill to be ready by Labor day,7th September 2009…..till that date no progress for immigration related bills.

please wait for immigration reform bill.

visit…google search… Schumer:immigration bill to be ready by labor day…search and read.

this is the fact

thank you

 
pious July 9, 2009 Discuss on Twitter @healthcarevisas Reply

friends

another link
news.yahoo.com/s/ap/20090708

 
dgd July 9, 2009 Discuss on Twitter @healthcarevisas Reply

thanks PIOUS, i read it and it seems very interesting and it looks like it will face tough oppositions. still, here's hoping for good news at the end of this year or early next year. God bless you for sharing this.

 
shalu July 9, 2009 Discuss on Twitter @healthcarevisas Reply

Dear JOSE,
For your kind information Shalu is a man. What do you do now.

 
pious July 9, 2009 Discuss on Twitter @healthcarevisas Reply

dear friends
always think +ve
new news release
please visit
http://www.cfr.org/publication/19556/us_immigration_policy

us immigration policy is released.
+ve movement for skilled immigrants…good hope…immigration reform bill..

thank you all

 
ELSIE July 9, 2009 Discuss on Twitter @healthcarevisas Reply

Thank you CFR for speaking up. I hope this catches the attention of the Senate, Congress and the President and that they can act on it the soonest possible time. Yeah, the soonest possible time. Before asset migrants go to countries that welcome them.

 
mixxer July 10, 2009 Discuss on Twitter @healthcarevisas Reply

dear fellows,
let's not be to harsh on danilo. maybe he's just living on what he believe is his duty, posting comments/infos like "no visa! no visa! no visa". Let him not bother us. He's being to negative on even the slightest spark of light that we see. by the way, as far as i can see, this blog won't be too exciting if he's not here

 
harry July 10, 2009 Discuss on Twitter @healthcarevisas Reply

DANILO to run as U.S President? hmmmmmmmmmmmmmmmmmm………

 
CJ July 10, 2009 Discuss on Twitter @healthcarevisas Reply

Pious, thanks for the link…
Hope this could be the missing link we have been waiting for !
(www.cfr.org/publication/19556/us_immigration_policy)

———————————–
excerpt pasted:

“The continued failure to devise and implement a sound and sustainable immigration policy threatens to weaken America’s economy, to jeopardize its diplomacy, and to imperil its national security,” concludes a new Council on Foreign Relations (CFR) Independent Task Force co-chaired by former Florida governor Jeb Bush and former White House chief of staff Thomas “Mack” McLarty.

Attracting skilled immigrants: The United States must tackle head-on the growing competition for skilled immigrants from other countries, and make the goal of attracting such immigrants a central component of its immigration policy. The report urges an end to the hard caps on employment-based immigrant visas and skilled work visas in favor of a more flexible system, the elimination of strict nationality quotas, and new opportunities for foreign students earning advanced degrees to remain in the United States after they graduate.
———————————–
The verses above came from highly dignified American officials, the Council on Foreign Relations could be the eye opener of a birth of a new America…
Remember, God intervenes in His divine way through the hands of chosen people…..

God bless!

Caterine Joons

 
CJ July 10, 2009 Discuss on Twitter @healthcarevisas Reply

Hmmmmmmm, let's have a positive outlook at Danilo. He is the outer circle which we cannot do anything He has his own world that at times makes us nuts and at times makes us laugh! But as soon as this crisis is over, let us remember him as a brother!
Done ILO……..

 
pious July 10, 2009 Discuss on Twitter @healthcarevisas Reply

dear friends

new report on us immigration policy

full text
http://www.shusterman.com

deeply and clearly

good hope is always

 
guyam July 10, 2009 Discuss on Twitter @healthcarevisas Reply

According to Schumer: Immigration Bill to Be Ready by Labor Day

Here is the link…

http://abcnews.go.com/Politics/wireStory?id=8036217

 
Analytical July 11, 2009 Discuss on Twitter @healthcarevisas Reply

HLG
Is it possible to attach Nurse relief bill as an ammendment to DHS appropriation bill(like E-vary fying,Coronad,EB-5 ammended in the senate)??
I think our lobyiest are not more active in this issue!!!
"waiting for CIR for such emergency bill is very nonsence idea of Congress"

CIR is basically platform for illegals,So first make plateform for legals waiting for decades!!

Friday, July 10, 2009 9:53:00 PM

 
pious July 11, 2009 Discuss on Twitter @healthcarevisas Reply

august 2009 us visa bulletin released

no progress for EB3 catogory

good hope always

 
DANILO July 11, 2009 Discuss on Twitter @healthcarevisas Reply

Number 11
Volume XI
Washington, D.C.
VISA BULLETIN FOR AUGUST 2009

http://travel.state.gov/visa/frvi/bulletin/bulletin_4539.html

 
DANILO July 11, 2009 Discuss on Twitter @healthcarevisas Reply

Number 11
Volume XI
Washington, D.C.
VISA BULLETIN FOR AUGUST 2009

E. DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)

The State Department is required to make a determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by Citizenship and Immigration Services (CIS)regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. Without this information, it is impossible to make an official determination of the annual limits. To avoid delays in processing while waiting for the CIS data, the Visa Office (VO) bases allocations on the minimum annual limits outlined in Section 201 of the INA. On June 9th, CIS provided the required data to VO.

The Department of State has determined the family and employment preference numerical limits for FY-2009 in accordance with the terms of Section 201 of the INA. These numerical limitations for FY-2009 are as follows:

Worldwide Family-Sponsored preference limit: 226,000
Worldwide Employment-Based preference limit: 140,000

Under INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2009 the per-country limit is 25,620. The dependent area annual limit is 2%, or 7,320.

 
Jeji July 12, 2009 Discuss on Twitter @healthcarevisas Reply

Check these links for a survey/article by ANA about the nursing shortage. Why are the nursing unions making a big fuss about if the shortage is evident from the survey by ANA.

http://www.safestaffingsaveslives.org/WhatisANADoing/PollResults.aspx

The article is at this link

http://healthnewsdigest.com/news/National_30/Seven_of_10_Nurses_Report_Insufficient_Staffing.shtml

 
Jeji July 12, 2009 Discuss on Twitter @healthcarevisas Reply

The link for the article

http://healthnewsdigest.com/news/
National_30/Seven_of_10_Nurses_
Report_Insufficient_Staffing.shtml

 
Ramzenger July 13, 2009 Discuss on Twitter @healthcarevisas Reply

Just a thought to ponder:

My friend, who has just recently passed the NCLEX-RN and about to file for I-140 petition had been advised by her Aunt, who is a prominent lawyer in the bay area not to waste her money on the filling fee for DHS and immigration lawyers fee. Instead she advised her to put that money in the processing for UK as a student for ONP.

I just hope that i got this advise when I paid for my filling and lawyers fee and filed for my visascreen. Now my options is just really limited and my license (NCLEX-RN) has already expired.

There is also a very ominous sign that things will not work on our favor for quite some time.

A sunday program that caters to immigrants stated that the visa bulletin of 2011 (which starts by October of 2010) will just be current for about 2 or 3 weeks same thing what happened to June 2007. Because, as he explained it, this will be eaten by those H, L and E visa holders who are already in the US since 2007 and by that time are eligible to file for AOS.

He is not talking about B2 visas.

I still looking for job in Qatar or UAE if anybody knows how can i apply please tell me so that I can save some money to go to UK and after that Canada.

 
t-cell July 13, 2009 Discuss on Twitter @healthcarevisas Reply

To Ramzeneger,

Why don't you visit http://foreign-nurse.lefora.com where other nurses are already discussing on applying to other countries.

Also, since what you want needs lots of discussion replying/commenting on a blogsite would be very limited unlike when
discussing things in a forum format such as the site above.

You can also make gain additional info by networking via private messaging.

 
shalu July 13, 2009 Discuss on Twitter @healthcarevisas Reply

Dear HLG

What is happening these days. Why are you silent for so many days. What is the news about retrogression.

Kindly update

 
Ramzenger July 14, 2009 Discuss on Twitter @healthcarevisas Reply

To t-cell:

I got it, thank you.

 
george March 9, 2010 Discuss on Twitter @healthcarevisas Reply

2008 my 140 approve sitll after now update

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