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U.S. Citizenship and Immigration Services (USCIS) is reminding federal contractors and subcontractors that effective Sept. 8, 2009, they will be required to use the E-Verify system to verify their employees’ eligibility to work in the United States. In July, Department of Homeland Security (DHS) Secretary Janet Napolitano strengthened employment eligibility verification by announcing the Administration’s support for the regulation that will award federal contracts only to employers who use E-Verify to check employee work authorization.

United States Citizenship and Immigration Services (USCIS) would like to clarify to associations and their members certain regulatory requirements for filing petitions for H-2B classification on behalf of foreign workers. We are issuing this clarification so that the public can be better informed of filing requirements and avoid unnecessary denials of individual petitions that may be otherwise approvable. We have noticed a particular type of filing error in many H-2B petitions filed by certain associations on behalf of their members.

U.S. Citizenship and Immigration Services (USCIS) issued guidance on requesting deferred action for surviving spouses of U.S. citizens who died before the second anniversary of their marriage. Surviving spouses qualify for this temporary program if they were married to, but not legally separated from, their U.S. citizen spouse at the time of that spouse's death; did not remarry; and are currently residing in the United States.

A USCIS memo to CIS Ombudsman responding to his recommendation states that USCIS establish more uniform filing and review procedures for motions to reopen and reconsider among field offices and service centers as well as improve communication of those procedures to customers and stakeholders.

Here is a document USDOL (Wage and Hour Division) is using to send to employees.  This outlines the factors USDOL is most interested in when investigating an employer.

[Federal Register: August 28, 2009 (Volume 74, Number 166)]
[Notices]
[Page 44375-44376]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au09-65]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

Agency Information Collection Activities: Form I-485 and Supplements A and E, Revision of a Currently Approved Information Collection; Comment Request

[Federal Register: August 28, 2009 (Volume 74, Number 166)]
[Notices]
[Page 44376-44377]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au09-66]

---------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

Agency Information Collection Activities: Form I-600/I-600A, Revision of a Currently Approved Information Collection; Comment Request

Department of Homeland Security (DHS) Secretary Janet Napolitano announced new directives to enhance and clarify oversight for searches of computers and other electronic media at U.S. ports of entry—a critical step designed to bolster the Department’s efforts to combat transnational crime and terrorism while protecting privacy and civil liberties.

U.S. Citizenship and Immigration Services (USCIS) announced that the Office of Management and Budget has extended its approval of Form I-9 (Employment Eligibility Verification) to Aug. 31, 2012.  Consequently, USCIS has amended the form to reflect a new revision date of Aug. 7, 2009. 

Employers may use the Form I-9 with the revision date of either Aug. 7, 2009 or Feb. 2, 2009.  The revision dates are located on the bottom right-hand portion of the form.

The DOL released a memo to regional administrators and district directors regarding travel and visa expenses of H-2B workers under FLSA minimum wage laws. In January 2009, the Department ofHomeland Security delegated to Wage and Hour enforcement authority to ensure that H-2B workers are employed in compliance with the H-2B labor certification requirements. Wage and Hour issued regulations implementing this authority, 29 C.F.R. Part 655, which became effective on January 18,2009. Those regulations are applicable to applications for certifications filed on or after that date.