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September 9, 2009 Immigration News Flash

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September 9, 2009 Immigration News Flash

September 9, 2009

E-Verify Effective September 8 for Federal Contractors

• Moving forward, new contracts for projects over $100,000 (and subcontracts over $3,000), applicable contract renewals, and every new work order issued under existing affected contracts, will require federal contractors and subcontractors to enroll in E-Verify. The USCIS has confirmed that contractors must then enroll within 30 days but it will be up to the contracting government agencies to enforce this requirement. Businesses, including the U.S. Chamber of Commerce with a failed appeal last week, challenged the program on many different fronts, causing several delays from its initial January 2009 implementation date. As we previously have advised, E-Verify is an electronic employment verification program, voluntary in many states, and required in others, which has been controversial both in implementation and reported error rates. We continue to offer strategic planning analysis for our clients.

At Close of 2009 Fiscal Year -- H-1B Numbers Remain; Visa Retrogression Looms

• As of August 28, 2009, approximately 19,900 H-1B visas are still available. The not-so-good news is that we anticipate that visa retrogression will continue in its currently severe form. We will provide a comprehensive analysis on what this means for long pending cases in early October after the start of the government's new fiscal year. We continue to work with Congress with other colleagues to challenge the Service on its erroneous denials nationally in the EB-1 First Preference Category.

We hope that this information is helpful. Please contact us with questions.

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