Headlines: 1. DHS Issues Final Rule on Employer ‘No-Match’ Obligations; Judge Issues Temporary Restraining Order Until October 1 – The amended regulation describes the legal obligations of employers relating to the unlawful hiring or continued employment of unauthorized workers. 2. Tips on Verification Compliance – Prudent employers should follow these steps to confirm that their […]
by Adam Ketcher* This firm regularly posts articles that highlight and explain administrative and judicial decisions that affect the immigration status or pending applications of our clients. Two such matters that are of primary significance to our clients are job “portability” under section 204(j) of the Immigration and Nationality Act (“INA”), and the one-year filing […]
by Cyrus D. Mehta * After the July 2007 visa bulletin fiasco (See July 2007 VISA BULLETIN FIASCO: A POST-MORTEM), the Department of State has announced in its September 2007 bulletin that there will be limited visa availability in several of the Employment-Based Preferences. The current August 2007 Visa Bulletin shows no visa availability in […]
by Cyrus D. Mehta * This outline addresses emerging issues in two important areas affecting immigration practice: Dual Representation and Unauthorized Practice of Law. Although the two areas are unrelated, they are both very relevant to immigration practitioners, who may be interested in keeping abreast with recent developments. A. DUAL REPRESENTATION The practice of immigration […]
Headlines: 1. DOS, USCIS Reverse Policies, Release Guidance in Response to July Visa Number Debacle – The Department of State and USCIS reversed course to resolve the dilemma of tens of thousands of skilled workers who were left out in the cold by the State Department’s sudden announcement on July 2 that there would be […]
by Cyrus D. Mehta* Alien: Am I being called an “alien” because I am out of status? Attorney: No. All non-citizens are called aliens. Even green card holders. Alien: My tourist visa is for 10 years. Why am I still out of status? Attorney: Your status is governed by the date on your I-94 card. […]
by Cyrus D. Mehta* The government’s sensible resolution of the July 2007 Visa Bulletin fiasco was met with jubilation from potential adjustment of status applicants who were earlier thwarted from filing. The August 2007 bulletin announced that the July 2007 Employment-based preferences, except for the Other Worker category, would again be current, and DHS further […]
In a startling reversal of its earlier announcement, the State Department, in its August 2007 Visa Bulletin,announcedthat “Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for the purpose of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.” Insofar as […]
by Cyrus D. Mehta* The Department of Labor’s (DOL) final rule to “enhance program integrity and reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States” takes effect on July 16, 2007. See 72 Fed. Reg. 27,903-27,947 (May 17, 2007). The provisions apply to permanent […]
Headlines: 1. Immigration Reform Bill Dies in Senate – On a procedural vote, the Senate killed the bipartisan bill on comprehensive immigration reform that has been the subject of much debate and controversy and that had the support of President Bush. 2. DOS Suddenly Announces No More Employment-Based Visa Numbers – In a stunning policy […]
