News Update - July 11, 2009
By Alan Lee, Esq.†‡
Current H-1B Usage;
E-Verify Antics; and
Timing of a Comprehensive Immigration Reform Bill
As of July 3, 2009, U.S.C.I.S. estimates are that approximately
65,000 of the 85,000 total H-1B cap numbers have been used. At the
slower rate of usage due to the recession, it appears that the H-1B
quota will continue to be available through at least August unless
the economy heats up in a hurry.
The Obama administration is trying another tack in mandating the
use of the E-Verify system for employers to verify the employment
rights of new hires by ridding itself of the controversial social
security administration mismatch regulation that was never implemented
due to court order. The mismatch rule would have put employers through
a series of steps to gain safe harbor where the E-Verify system
could not confirm that the alien was authorized to work. The Obama
administration decided that the employer audit system would be a
more effective tool. That, however, has not stopped some Republicans
from slipping Amendment No. 1375, into the FY-10 DHS Appropriations
Bill, which would undo the administration's recent decision.
The timing of a comprehensive immigration reform bill is on many
people's minds these days, and Senator Chuck Schumer (D.-N.Y.) has
stated his belief that there will be a bill by Labor Day. That appears
to be somewhat optimistic in our opinion as the Republicans still
appear an effective force in placing restrictive measures on Congress's
docket, the latest being amendments in the DHS Appropriations Bill
which would among others require 700 mi. of reinforced fencing to
be built along the southwest border by the end of 2010; and allow
employers to use E-Verify to check employment eligibility of current
employees and not just new hires.
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