Immigration

by Emily Hollenberg

Last week the House Judiciary Committee approved Chairman Lamar Smith's Legal Workforce Act (H.R. 2885). If it becomes law, the Legal Workforce Act would require businesses to authenticate employees' legal work status using a government run Internet database verification program.

Created fifteen years ago as a voluntary program, E-Verify has been touted by supporters as an advanced web-based tool intended to replace the paper-based I-9 verification procedures currently used by businesses when they hire new employees. Supporters argue this system will not only help employers ensure better compliance with U.S. immigration laws, but will open millions of jobs for Americans that are currently unemployed.

The Secretary of Homeland Security Janet Napolitano and Immigration and Customs Enforcement (ICE) Director John Morton today announced this past week a new initiative to streamline the international student visa process for foreign students seeking to study in the United States. The program is called Study in the States.

Study in the States is a U.S. government initiative to encourage the best and brightest foreign students to study and remain in the U.S. The program builds upon other new efforts implemented earlier this year that are targeted to find talented students from other countries working in science and technology jobs.

Last week the Citizenship and Immigration Services Ombudsman's Office published highlights of a March 24, 2011 conference call regarding new data collection requirements related to U.S. export control laws in Part 6 of Form I-129, Petition for A Nonimmigrant Worker, for certain categories of H, L, and O visas.

Petitioners are now required to make a certification regarding the release of controlled technology or technical data subject to the Export Administration Regulations (EAR) or the International Traffic in Arms Regulations (ITAR) to foreign persons in the United States.

The U.S. Citizenship and Immigration Services ("CIS") recently released a revised Form I-129, "Petition for a Non-Immigrant Worker." This form is used for H-1B, L-1, and O-1A workers. There are many changes on the new form and you should consult your immigration counsel about them. We are writing to call attention to one specific change, certifications related to U.S. Export Control Laws and Regulations.