by Cyrus D. Mehta* BALCA has been busy in 2009, and has issued many decisions that have had an impact on how labor certifications under PERM are prepared and filed. Here is a round up of what I believe are some of the more relevant decisions, which I prepared for my presentation at the AILA […]
Headlines: 1. Congress Extends Four Immigration Programs for Three Years – The non-minister religious worker, "Conrad 30," EB-5 immigrant investor pilot, and E-Verify programs are extended for three years, until September 30, 2012. 2. DHS Rescinds ‘No-Match’ Rules – DHS said it will focus its enforcement efforts relating to the employment of unauthorized workers on […]
U.S. Citizenship and Immigration Services (USCIS) issued a controversial clarification on October 7, 2009, for performing arts associations and their members of the regulatory requirements for agents who file as petitioners for the O and P visa classification. The agency said it issued the clarification in response to inquiries "that reveal confusion regarding the circumstances […]
by Cyrus D. Mehta* There appears to be a troubling trend these days. Attacking the H-1B visa is code for keeping the Indians out. Leading the drumbeat against the H-1B are Senators Grassley (R-IA) and Durbin (D-IL), https://cyrusmehta.com/perseus/News.aspx. In his latest missive to the new USCIS Director, Senator Grassley makes H-1B bigotry politically respectable, http://tinylink.com/?I38d5pyKzi. […]
Headlines: USCIS Says Fees May Rise –A decline in revenue from a decrease in applications could lead to higher application fees. Labor Dept. Issues FAQ on LCAs – The Department issued a FAQ about the new iCERT Portal and the newly redesigned ETA Forms 9035 and 9035E. ABIL Alert: Be Prepared for Surprise Enforcement Site […]
by David A. Isaacson* Under current regulations, “arriving aliens” who are paroled into the United States without officially being admitted, and who later seek adjustment of status, face an unusual set of procedural circumstances. They can apply for adjustment with USCIS even if there is a final order of removal against them, but in most […]
by Cyrus D. Mehta* A noncitizen who is placed in removal proceedings has a right to a lawyer at his or her own expense, but unlike a criminal proceeding, there is no constitutional right to counsel. Securing representation in immigration proceedings cannot be at the expense of the government. As a result, many poor immigrants […]
byGary Endelman* and Cyrus D. Mehta** We must lay out the welcome mat for the best and brightest from all over the world. Our corporations must be given the tools to attract the best and the brightest so that they can compete in the global market place. Those who are attracted to work in the […]
Headlines: 1. DHS Proposes To Rescind Social Security No-Match Rule; SEVIS Data To Be Integrated Into E-Verify – DHS has proposed to rescind amendments relating to procedures that employers may take to acquire a safe harbor from receipt of no-match letters. 2. State Dept. Introduces Online Nonimmigrant Visa Application Form – The new DS-160 Web-based […]
by Cora-Ann V. Pestaina* Of the many complicated rules surrounding the Department of Labor’s (“DOL”) Permanent Electronic Review Management (“PERM”) process, one rule, and more fittingly, the DOL’s hypertechnical interpretation of that rule, continues to be the basis for many unexpected PERM denials. This rule can be found in 20 C.F.R. §656.40(c). In pertinent part, […]
