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The U.S. Department of Homeland Security (DHS) issues advance notice that all federal contractors must use the E-Verify system to confirm employment eligibility of its employees. The requirement comes from Presidential order 12989, mandating that all federal contractors enroll with E-Verify.

E-Verify is an on-line free, voluntary program for employers to quickly verify employment eligibility of its employees. Those who wish to take advantage of this program must enroll and follow the program rules. For example, once an employer is enrolled with E-Verify, it must use it for all its employees.

Here is a link to the DHS press release.

Here is a link to the E-Verify Manual.

The United States Citizenship and Immigration Service (USCIS) has published guidance for adjudicators in processing petitions for adjustment of status (basically, a green card petition) filed by battered spouses of abusive U.S. citizens. According to the guidance memo, under the Violence Against Women Act (VAWA), even those petitioners who entered the U.S. illegally are eligible to become permanent residents if they prove they were battered or subjected to extreme metal cruelty.

By way of explanation (and in plain-spoken English), under the U.S. immigration laws, a spouse of a U.S. citizen can become a permanent resident (green card). The caveat is that both spouses have to file the petition. Under VAWA, a battered spouse can file a petition on her own behalf (without the husband’s signature) if she/he was battered or subjected to extreme mental cruelty. However, someone who entered the country illegally (i.e. without an inspection at the border) is typically not admissible into the U.S. and is not eligible to adjust his/her status. The memo explains that this ground of inadmissibility is not applicable to VAWA applicants.

Historically, USCIS has denied adjustment of status to VAWA petitioners solely on the basis that the petitioner entered the U.S. illegally. According to the memo, those petitioners whose petitions were denied can file a motion to reopen, Form I-290B, without having to pay the filing fee, to have their I-485 reconsidered.

Here are some links:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=95be2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD.
Form I-290B (motion to reopen).
USCIS fact sheet on VAWA applications.
USCIS guidance memorandum on VAWA applications.

VAWA applicants who need assistance with filing motions to reopen are welcome to contact our office for more information.

The United States Immigration and Customs Enforcement (ICE) reports that ICE special agents arrested 11 individuals, one of whom is a local restaurant manager, for conspiring to harbor illegal aliens smuggled into the US to work in Mexican restaurants.

The raid targeted restaurants in NY, PA, W.Va, and Ohio. The News Release lists the names of all those arrested and charged as well as specific restaurants targeted in the raid.

Harboring or conspiring to harbor illegal aliens is a serious federal crime and carries hefty fines and imprisonment. Under the United States Code, specifically 8 USC 1324, harboring or conspiring to harbor illegal aliens for purposes of commercial gain is punishable by a fine and up to 10 years in prison.

Much debate revolves around the impact of immigrants on the U.S. economy. Some argue that immigrants are a burden to public resources and the U.S. economy at large. But what are the hard facts behind this debate?

Stephen Moore, Senior Economics Writer at the Wall Street Journal and Richard Vedder, Distinguished Professor of Economics at Ohio University, provide some hard numbers in a forthcoming Immigration Policy Center report. The report is based on data from the 2005 Census Bureau Reports and other sources. Quoting from the Immigration Policy Center, immigrant households and businesses paid close to “$300 billion in federal, state and local taxes.”
Further, “depending on skills and level of education, each immigrant pays, on average, between $20,000 and $80,000 more in taxes than he or she consumes in public benefits.” According to the report, this is attributed to the fact that immigrants come to the U.S. after they obtain education abroad and they benefit the Social Security system by entering the U.S. in their prime wage-earning years. See the report for more information.

Personally, I am a first-generation immigrant. Anyone who says immigrants are a burden to the U.S. economy has no clue. My tax bill this year alone speaks for itself! (Joking…..kind of). Most immigrants that come here are highly educated, disciplined and self-sufficient. They don’t mooch off the public benefits or strip equally qualified employees of jobs. Some of our youths should look to immigrants for an example of self-discipline, work ethic and core values. Our immigrants are what makes the American Dream a hard-earned reality.

But, this is my opinion, look for the report and judge for yourself! After all, it is a free country, and we are all entitled to our opinions, however ill-informed some of them may be.

Cleveland Immigration Court has launched its own website at
http://www.usdoj.gov/eoir/sibpages/cle/geninfo2.htm. The website contains information
about court staff, hours of operation, local operating procedures, directions, forms and frequently asked questions.

The Executive Office of Immigration Review (EOIR) swears in 11 new judges for immigration courts throughout the country. Cleveland is not on the list. Until recently, all immigration hearings from Cleveland Ohio were conducted by video conference as Cleveland did not have its own immigration judge. Honorable Judge Evans was appointed as a judge in our own local immigration court. Since then, the case volume has increased dramatically, and I am sure the judge and court staff could use some more help. Maybe next year…

Click here if you would like to see the names and brief bios of the new judges.

The American Immigration Lawyers Association (AILA) is sponsoring National Citizenship Day, to take place all over the country, including Cleveland, Ohio. Immigration lawyers, paralegals and assistants will be on-hand at Cleveland Legal Aid Society on Saturday, April 19th, from 9:00 a.m. to 4:00 p.m. to provide free assistance with filling out citizenship applications.

The local event will be at Legal Aid Society 1223 West Sixth Street, Cleveland, OH 44113. With questions, please call Legal Aid Intake: (216) 687-1900.

Take advantage of this opportunity if you need help filling out your citizenship applications!

The United States Citizenship and Naturalization Service projects an improvement in processing times for naturalization cases - a whopping 3-month improvement (13-15 months of processing time from the current 16-18 months).

Jokes aside, the surge in naturalization applications and such a backlog in processing them is thanks to a hike in filing fees last summer. USCIS saw 460,000 applications for the month of July alone - which were undoubtedly filed to beat the fee increase. Just as a comparison, prior to this surge, typical processing time was about 6 months.

Perhaps next year, we’ll be back to normal. For those of you whose applications are currently pending, sit tight.
Here is a link to the press release for what it’s worth.

In a decision published on February 21, 2008, the Supreme Court of Ohio upheld a statute of repose on product liability claims. According to the statute of repose, R.C. 2305.10,"no cause of action based on a product liability claim shall accrue against the manufacturer or supplier of a product later than ten years from the date that the product was delivered to its first purchaser.” The Supreme Court upheld its constitutionality, with a modification of its applicability. Instead of the statute being applicable to claims filed on or after April 7, 2005, the court applied it to claims that accrued on or after April 7, 2005, the effective date of the statute. This decision effectively eliminates cases involving old equipment that does not pass scrutiny under the current jury’s view of technology and scientific advances. I believe it is a fair result for old manufacturing companies. Instead of focusing on old equipment, we should focus our efforts on future technological advancements, research and improved product safety.

Click here for the full opinion.

Click here to the Statute of Repose.

Effective January 1, 2008, Ohio’s minimum wages increase to $7.00 per hour for non-tipped employees and $3.50 per hour for tipped employees. These wage rates apply to employers who gross $255,000 in annual sales. Those who gross less than $255,000 in annual sales must follow federal minimum wage laws. For mor information, see the Department of Commerce Press Release.