Crackdown on employers who hire undocumented foreign nationals:

On July 1, Homeland Security Secretary Janet Napolitano announced that ICE was increasing audits of employers to verify whether their employees were eligible to work. According to ICE, at this time, records of over 600 companies are being reviewed.

One of the companies under review is clothing manufacturer, American Apparel. ICE reviewed the company’s I-9 records and notified the executives that there were approximately 1600 employees that may be in the country illegally. After the completion of the audit, a representative of the company announced that American Apparel would have to terminate the employment of approximately 1500 individuals. The company may also face an exorbitant fine.

The audit process begins with the review of the I-9 forms and other necessary employment records of a company. If an investigating agent believes that a business knowingly hired illegal workers, criminal investigations will be initiated. Additionally, fines for companies found to employ undocumented workers could exceed $800 per employee who was illegally employed.

According to an article in the Wall Street Journal, recent research indicates that there are over 11 million undocumented immigrants living in the U.S. However, without undocumented immigrants, industries such as construction and agriculture could be in trouble.

Whereas the Bush administration focused on workplace raids which led to the detention and removal of thousands of undocumented immigrants, the Obama administration has shifted its enforcement efforts towards employers. Although the administration is focusing on employers, it seems likely that any undocumented immigrants employed at the companies being reviewed could end up finding themselves on Homeland Security’s radar. We will be watching with concern to see how this develops over time.

For further information, please visit:
http://online.wsj.com/article/SB125055700606938851.html
http://online.wsj.com/article/SB125201213087984483.html

New Partner Announcement

We are very pleased to announce that Richa Puri, Esq. has joined our law firm as partner. Ms. Puri possesses more than 7 years of experience handling a broad range of immigration matters. Prior to joining the firm, Ms. Puri was an associate at Berry Appleman & Leiden LLP. Ms. Puri can be reached at (212) 748-3335 or rpuri@yee-durkin.com

A reminder about New York City's Executive Order 41

Since September 17, 2003, all immigrants residing in New York City have enjoyed the right to access city services, regardless of immigration status. This is all due to Executive Order 41, which directs all city employees to protect the confidentiality of certain personal information, including not only immigration status, but sexual orientation, status as a victim of domestic violence, and status as a crime witness. This means, for instance, that victims of crimes can report such crimes to police without fear of being inquired about their immigration status. Similarly, New York City residents can seek services or benefits from a city agency, without being asked about their immigration status, unless it is required by law or required to establish eligibility for such services or benefits.The following is a list of services available to non-US citizens regardless of immigration status:

-Healthcare for children under 19
-Emergency Medical Care
-Prenatal care for pregnant women (under PCAP)
-Immunizations
-Emergency Shelter
-Public School Education
-School Breakfast and Lunch Programs
-Senior Services and Center Programs
-Public Library Services
-Public transportation
-Police and Fire Protection

For more information regarding Executive Order 41, see http://www.nyc.gov/html/imm/downloads/pdf/eo41english.pdf.

Immigration Law Open House

YEE & DURKIN, LLP-A Fresh Approach to Immigration Law

You are cordially invited to attend our Immigration Law Open House for a free 15 minute consultation on Saturday, July 11, 2009 from 10:00am until 5:00pm at our law office located at:

74 Trinity Place, Ste. 1301, New York, NY 10006

Please call (212) 748-3335 or visit www.yee-durkin.com to register and for more information. Complimentary Refreshments will be served.

Immigration Law Open House

YEE & DURKIN, LLP-A Fresh Approach to Immigration Law

You are cordially invited to attend our Immigration Law Open House for a free 15 minute consultation on Saturday, July 11, 2009 from 10:00am until 5:00pm at our law office located at:

74 Trinity Place, Ste. 1301, New York, NY 10006

Please call (212) 748-3335 or visit www.yee-durkin.com to register and for more information. Complimentary Refreshments will be served.

Myths about ITIN’s

What is an ITIN? An Individual Taxpayer Identification Number (ITIN) is a tax processing number issued by the Internal Revenue Service (IRS) to individuals who are required to have a U.S. taxpayer identification number but who are not eligible to obtain a Social Security Number. To receive an ITIN, individuals must have a filing requirement and file a valid federal income tax return (unless they meet an exception). ITINs are for federal tax reporting only, and not for any other purpose. An ITIN does not authorize work in the U.S. or provide eligibility for Social Security benefits or the Earned Income Tax Credit. IRS issues ITINs to help individuals comply with the U.S. tax laws, and to provide a means to process and account for tax returns and payments for those not eligible for Social Security Numbers.

Many undocumented immigrants obtained ITIN’s in order to file tax returns with the IRS. However, there are misconceptions that having an ITIN gives individuals the right to live and work in the United States, obtain loans, and open bank accounts. We would like to caution readers that not only are these improper uses of the ITIN, but to be wary of immigration and tax consultants who charge individuals a fee to obtain an ITIN. The application for an ITIN is free of charge. For more information regarding ITIN’s, please visit http://www.irs.gov/individuals/article/0,,id=96287,00.html.

USCIS Announces Permanent Resident Card Delays

On 5/29/09 USCIS announced delays of up to eight weeks in the delivery of permanent resident cards while the agency is in the process of upgrading its card production equipment. USCIS will therefore issue I-551 stamps as temporary evidence of permanent residence to approved applicants after their adjustment interviews. Applicants whose applications were approved subsequent to their interviews may request an I-551 stamp by scheduling an INFOPASS appointment.