Immigration

A recent Wall Street Journal article appeared about J-1 interns and trainees who had been placed at Wyndham Bonnet Creek Resort for what appeared to be bona fide internships in hotel and restaurant management.

In the past hours, the State Department’s Bureau of Educational & Cultural Affairs (“ECA”) has granted additional Forms DS-2019 to a few J-1 sponsors wishing to expand their programs for trainees and interns. This is welcome news.

If you are an intern or trainee wishing to come to the United States on a J-1 exchange visitor visa, or an employer seeking to assist prospective employees with securing J-1 visas, the window to act is closing soon. The “J-1 Cap” will soon be reached. New visas will not be available until January 2013.

On May 22, 2012, U.S. Citizenship and Immigration Services announced the launch of an electronic immigration benefits system, USCIS ELIS. This marks the first phase of the agency’s transition from paper-based filings to a more modern online process for filing and adjudicating applications for immigration benefits.

We are waiting to see whether the Supreme Court will uphold Arizona’s controversial immigration law, S.B. 1070. This law contains a provision requiring law enforcement officials to inquire about the immigration status of any person they stop or arrest if there is a “reasonable suspicion” that the person is in the United States unlawfully.

On August 26, the Department of Justice reached a settlement with Kinro Manufacturing Inc. with regard to allegations that it “engaged in a pattern or practice of discrimination against work-authorized non-citizens in the employment eligibility verification process” by requiring certain new hires to provide proof of employment eligibility beyond that required by law.