The Memphis Commercial Appeal quotes Greg Siskind in a story on the nurse shortage and the role of foreign nurses.

Just got my hands on the proposed rule implementing the President's E-Verify Executive Order (thanks Naomi). A couple of items of note:

- normally, employers may only enter new employees in E-Verify; however, the proposed rule requires contractors to verify existing employees working on the government contract

- only contracts involving more than $3000 will trigger the E-Verify requirement

- subcontractors with contracts worth more than $3000 will be covered

- employers will have 30 days to enroll in E-Verify after signing a contract with the E-Verify clause in it

- agencies will have to include the E-Verify clause on any contracts awarded or solicitations issued after the rule takes effect

- the head of an agency has the power to waive the requirement

Here is the proposed rule - Download proposed_contractor_regulation.pdf

As part of its roll out of the Executive Order on E-Verify mentioned yesterday, DHS Secretary Michael Chertoff and Department of Commerce Secretary Carlos Gutierrez have issued a joint press release giving an update on where the Administration is in achieving the 26 goals outlined last August.

The Border Fence

Approximately 330 miles of fencing have been completed. DHS believes it is on track to complete 670 miles of fencing by the end of this calendar year.

Border Patrol staffing

The number of Border Patrol agents has increased from 9,800 in fiscal year 2002 to a current number of 16,471 with an increase of more than 5,000 in the last year.

Chertoff believes that the border will be "secure" by the Border Patrol's definition sometime in 2011, perhaps earlier.

Apprehensions

The number of apprehensions has decreased, but the White House argues that this is because the enforcement measures recently enacted are having the effect of reducing the number of attempts to enter the country.

Violence at the border

In this fiscal year, there have been 744 incidents of violence against Border Patrol agents, a 26% over last year.

Western Hemisphere Travel Initiative

Slated to go in to effect at land and sea ports in June 2009. The initiative has already been implemented at airports and there has been close to 100% compliance. 200,000 applications have been received for the new pass-card being issued by the State Department beginning this month.

REAL ID

Washington state has begun issuing REAL ID-compliant licenses. New York has announced a plan to issue compliant licenses. "Other states are on the way to doing so as well" (no actual number is provided, however).

E-Verify

Approximately 10% of new hires in the country are now run through E-Verify. 70,000 employers are currently enrolled. DHS claims that 99.5% are verified instantaneously [editor's note - critics point out that this figure only includes DHS non-confirmations and not Social Security Number non-confirmations, something that appears to be a much bigger problem].

With respect to the recent Executive Order mandating federal agencies require contractors to use an electronic verification system designated by DHS, DHS designates E-Verify. Hundreds of thousands, perhaps millions, or workers will be covered by the order. Whether subcontractors will be covered will be determined when the regulation is written.

The Office of Management and Budget has just concluded its review of a proposed rule amending the federal acquisition regulation to implement the executive order.

Worksite Enforcement

90 employers convicted on criminal charges in the last year.

Legal Immigration facilitation

OPT rule released extending practical training from 12 to 29 months for student in science, technology, engineering and math fields working with an employer using E-Verify.

New H-1B rule prohibiting the filing of duplicate H-1B petitions by a single US employer for the same worker.

Employment Authorization Document validity period in adjustment cases increasing from one to two years beginning later this month.

H-2Bs - The Deaprtment of Labor porosed a rule addressing various "bureaucratic and ineffeciency concerns." DHS announced that yesterday it sent over to OMB a new proposed rule which would propose significant changes "designed to increase the effectiveness and attractiveness" of the H-2B program. The rule "eliminates certain regulatory barriers, adds protection for foreign workers, and increases efficiency and coordination." Most significantly, it would change the definition of temporary employment to recognize that some H-2B employment could last up to three years. Under the change, employers would now only need to show that a job is expected to last no more than three years rather than the current one year.

The webcast and statements are available here.

Here is the list of witnesses and links to their prepared testimony:

Panel I:

Hon. Ken Calvert U.S. House of Representatives 44th District (R-CA)

Hon. Heath Shuler U.S. House of Representatives 11th District (D-NC)

Hon. Sam Johnson U.S. House of Representatives 3rd District (R-TX)

Hon. Gabrielle Giffords U.S. House of Representatives 8th District (D-AZ)

Panel II:

Jonathan R. Scharfen Deputy Director United States Citizenship and Immigration Services Department of Homeland Security

Panel III:

Carolyn Shettle Senior Study Director

Tim Sparapani Senior Legislative Counsel American Civil Liberties Union

Chris Williams Executive Direcctor Working Hands Legal Clinic

Glenda Wooten-Ingram HR Director Embassy Suites

Wow! All businesses with federal contracts are going to have to use E-Verify. That's a lot more businesses than most people realize. The vast majority of health care employers are subject since they take Medicare. All universities that participate in the federal student loan programs are government contractors. Every business that deals with the Department of Defense will need to comply. The list will be very, very long. The order contemplates that DHS will issue a rule before agencies will begin incorporating E-Verify in to federal contracts.

Chertoff is having a news conference this afternoon.

Here is a link to the actual executive order.

The Ninth Circuit Court of Appeals will become the first federal appeals court to hear a challenge on a state immigration law when it hears arguments Thursday concerning the constitutionality of Arizona's tough employer sanctions law. Arizona mandates all employers use E-Verify and can suspend the business licenses of employers found to have knowingly hired illegally present immigrants. Nearly two dozen states now have immigration laws and the Ninth Circuit case could have a major impact on whether these laws will survive.

[Cross-posted at Visalaw Employer Immigration Compliance Blog]

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