ICE Announces Largest Audit Operation Yet Conducted; USCIS Explains Site Visits

On November 19, 2009, U.S. Immigration and Customs Enforcement (ICE) announced it would serve 1,000 Notices of Inspection on U.S. employers whose business activities affect "critical infrastructure" (i.e., public safety and national security).  ICE agents will review I-9 forms, which all U.S. employers must use to verify employees' identity and U.S. work authorization.

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CDC ends HPV requirement for immigration vaccinations effective 12/14/09

As of December 14, 2009, foreign nationals who apply for immigrant visas or adjustment of status are no longer required to receive the Human Papillomavirus (HPV) vaccination.  CDC will continue to require vaccination for mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, Haemophilus influenzae type B, and hepatitis B.  Others will be required only if a public health need exists at the time, and the vaccine is (a) age-appropriate and recommended by the Advisory Committee on Immunization Practices for the general U.S. population; and (b) against a disease that could cause an "outbreak" or has been eliminated (or is being eliminated) in the United States.  For additional information, please refer to the Federal Regulations.

HIV-Positive Aliens No Longer Inadmissible to US

On November 2, 2009, the Centers for Disease Control of the U.S. Department of Health and Human Services issued a final rule removing HIV infection from the list of "communicable diseases of public health significance," effective January 4, 2010.  The rule means that HIV-positive foreign nationals will no longer be inadmissible to the United States or require waivers in order to be approved for nonimmigrant or immigrant visas.  It also means HIV testing will no longer be part of immigration medical exams.  The entire rule may be read here.

Update on Availability of H-1B Visas

U.S. Citizenship and Immigration Services announced today that as of October 25, 2009, it had received all of the available 20,000 master's cap petitions, and approximately 52,800 petitions under the regular cap.  Although a total of 65,000 petitions are allowed each fiscal year, this figure includes 6,800 petitions that are reserved under treaties between the United States and Chile and Singapore.  Thus, less than 5,500 regular H-1B petitions are remaining for Fiscal Year 2010.  With more than 6,000 petitions filed during the four week period leading up to October 25th, it seems that the H-1B cap could be reached before November 25, 2009.  In light of new Department of Labor procedures that can result in preliminary steps taking several weeks to complete before an H-1B petition may be submitted, companies must identify workers that require H-1B sponsorship and commence the process as quickly as possible. Please click here for general information about the H-1B cap.

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