(Continued from last week's article)

Fines, Prosecutions for Hiring Undocumented Workers to Increase Secretary of Homeland Security Michael Chertoff and Attorney General Michael Mukasey announced on February 22, 2008, that the fines for hiring undocumented workers will increase and that the Departments of Homeland Security and Justice are also working "to increase criminal prosecutions against the most egregious employer offenders."

The increased fines are expected to take effect March 27, 2008, and will be assessed on a per-worker basis. For example, if an employer knowingly employs five undocumented workers, the employer could incur five fines. The minimum penalty for knowingly hiring an undocumented worker will increase from $275 to $375.

The maximum fine for a first-time offender will increase from $2,200 to $3,200, and the maximum fine for repeated violations will increase from $11,000 to $16,000. Secretary Chertoff's and Attorney General Mukasey's statements are available at http://www.dhs.gov/xnews/releases/pr_1203722713615.shtm. DOS Testifies on Status of Visa Policy for Foreign Students, Scholars, Exchange Visitors Stephen "Tony" Edson, Deputy Assistant Secretary of State for Visa Service, testified on February 7, 2008, before the House of Representatives' research and science education subcommittee.

Among other things, he noted that foreign students contribute over $13 billion annually to the U.S. economy. "Their work significantly boosts our academic and scientific research and their exposure to our culture and freedoms is a crucial public diplomacy success," he said.

Mr. Edson noted that exchange visitor admissions have risen to record highs; in fiscal year (FY) 2007, the Department issued 343,946 J-1 visas, which was 11 percent over the same period in FY 2006. He noted that 90 percent of posts have wait times of less than 30 days for student and business travelers. The full text of Mr. Edson's testimony, which includes statistical tables by year, is available at http://democrats.science.house.gov/Media/File/Commdocs/hearings/2008/Research/08feb07Research/Edson_Testimony.pdf.

The hearing testimony of all the witnesses is available at http://science.house.gov/publications/hearings_markups_deta ils.aspx?NewsID=2064. USCIS Revises Security, Name Check Requirements U.S. Citizenship and Immigration Services (USCIS) issued a memorandum to the field on February 4, 2008, on revised national security adjudication and reporting requirements.

The memo notes that USCIS is revising its guidance in response to a need to align the agency's background and security check policies with those of U.S. Immigration and Customs Enforcement (ICE). In the context of removal proceedings, ICE has determined that Federal Bureau of Investigation (FBI) fingerprint checks and Interagency Border Inspection Services (IBIS) checks are required.

If an FBI name check reveals "actionable" information after an immigration judge has granted permanent residence, the memo states, the Department of Homeland Security may detain the permanent resident and initiate removal proceedings. USCIS said that a definitive FBI fingerprint check and an IBIS check must be obtained and resolved before approval of an Application for Adjustment of Status (Form I-485), Application for Waiver of Ground of Inadmissibility (Form I-601), Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act (Form I-687), or Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603) (Form I-698). USCIS said it will continue to initiate FBI name checks when those applications are received.

Where the application is otherwise approvable and the FBI name check request has been pending for more than six months, USCIS said the adjudicator will approve the I-485, I-601, I-687, or I-698 and proceed with card issuance. "The FBI has committed to providing FBI name check results within this timeframe," the memo noted.

There is no change in the requirement that name check results be obtained and resolved before the adjudication of a naturalization application. The memo is available at http://www.uscis.gov/files/pressrelease/DOC017.PDF.