H-1B Employer Investigations
You are likely aware of the increase in the number of I-9 audits being conducted by the government. What has received less attention is the dramatic increase in the number of H-1B “site investigations” being conducted by U.S. Citizenship and Immigration Services (USCIS), targeting employers of all sizes across the U.S. In the current fiscal year, 14,324 investigations had been completed as of June 1, 2010, whereas only 2,028 investigations were completed in all of fiscal year 2009. That’s a 700% increase, in just the first two thirds of the fiscal year. USCIS estimated 25,000 such investigations for the fiscal year, so there will be no relief in the pace.
Any company who has employed an H-1B worker must be vigilant to ensure they have maintained the required records, provided the required notifications, and that any material changes have been appropriately documented. Failure to do so could result in an approved H-1B petition being revoked or a fraud investigation being initiated. In addition, your company could be at risk of a subsequent Department of Labor investigation.
H-1B Cap Count
U.S. Citizenship and Immigration Services announced that effective August 6, 2010, it is has received 28,500 H-1B petitions counting toward the H-1B cap of 65,000 petitions, as well as 11,900 petitions counting toward the U.S. advanced degree exemption for 20,000 additional petitions.
New Fees for Visa Waiver Travelers
The Department of State has published an interim final rule establishing fees travelers must pay to register with ESTA (www.cbp.gov/esta). ESTA, the Electronic System for Travel Authorization, is the online travel authorization system that individuals using the Visa Waiver Program (“VWP”) for travel by air or sea must register with and obtain approval prior to traveling to the United States. The VWP is available only to citizens of participating countries, which currently includes most European countries, Japan and South Korea, among others.
Previously available at no charge, the fee for using ESTA will be $14.00 starting September 8, 2010. This amount includes a $4.00 operational fee (non-refundable) and a $10.00 travel promotion fee (paid only if ESTA is approved). The rule explains that VWP travelers with an ESTA authorization will be able to update and/or correct certain information provided on the ESTA application (such as the destination address in the United States) without having to pay another operational or travel promotion fee. However, certain events, such as the issuance of a new passport, will require the VWP traveler to apply for a new travel authorization through ESTA. In that case, the traveler would be required to pay new fees as part of the application process.
If you have any questions about the information in this advisory, please contact any member of the Immigration Group.