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, […]
byCyrus D. Mehta* A Conditional Permanent Resident (CPR) is one who has obtained his or her status through marriage to a United States Citizen spouse or to a Legal Permanent Resident (LPR) spouse within two years of the marriage.1 ¤ 216 of the Immigration and Nationality Act (INA) imposes a two year period of conditional […]
by Cora-Ann V. Pestaina* This article is not intended to be a comprehensive overview of the National Interest Waiver (“NIW”) immigrant visa petition, and is instead a practical account of how our firm recently won a NIW. The NIW is an immigrant petition for lawful permanent residence under the employment-based second preference (“EB-2”) category. In […]
Headlines: USCIS Issues Guidance to Employers Whose H-1B Petitions for Health Care Specialty Occupations Are Denied – Employers whose petitions were denied on certain bases should send an e-mail to the USCIS Service Center that issued the denial to request review. DHS Secretary Announces Support for Federal Contractor E-Verify Rule, Intention to Rescind No-Match Rule […]
In July of 2008, as part of the ТTom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis and Malaria Reauthorization ActУ, Public Law 110-93, Congress removed the specific statutory ban on entry into the United States by foreign nationals with HIV, restoring jurisdiction to the Department of Health and Human Services […]
byCyrus D. Mehta* Since priority dates, caps, and the potential for more visa availability predominate conversations among those in the immigration attorney and immigrant communities, here is the latest round up. How we wish we did not have to scramble for more visas by dealing with priority dates and caps, and all this was just […]
byCyrus D. Mehta* As the Employment-based categories remain hopelessly backlogged,1 especially for those born in India and China in the Employment-based Second Preference (EB-2) and for the entire world in the Employment-Based Third Preference (EB-3),2 the only silver lining is the ability of the applicant to exercise portability under INA ¤ 204(j). Under INA ¤ […]
Headlines: 1. Outlook Grim for India, China Employment-Based Visa Categories – The July cut-off date for the India and China EB-2 categories is January 1, 2000; both could become unavailable in August or September and remain unavailable indefinitely. 2. Current I-9 Form Validity Extended Beyond June 30 – The I-9 form currently in use will […]
By David A. Isaacson* On June 16, 2009, a three-member panel of the Board of Immigration Appeals (“BIA”) issued a precedent decision in Matter of Wang1 interpreting the Child Status Protection Act (“CSPA”) that rejected the more generous interpretation previously offered by the BIA’s unpublished decision in Matter of Maria T. Garcia.2 The BIA has […]
by Cyrus D. Mehta* Charles Oppenheim of the Department of State Visa Office has advised AILA that the EB-2 India preference, which has already retrogressed to January 1, 2000, may become unavailable in August or September 2009. There are already 25,000 approvable EB-2 India cases awaiting visa numbers. Like other countries, India has a limit […]
