LIFE AFTER IMPLEMENTATION OF THE DOL “SUBSTITUTIONS” RULE

by Cyrus D. Mehta* and Catherine L. Haight** 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” took effect on July 16, 2007.1 The new provisions apply to permanent labor certification applications […]

COUNTERPOINT: ETHICALLY HANDLING CONFLICTS BETWEEN TWO CLIENTS THROUGH THE “GOLDEN MEAN”

In the event of a conflict between two parties represented simultaneously by one attorney in a single matter, the attorney is generally required to withdraw from the representation of both clients. Reproduced is an article published in 12 Bender’s Immigr. Bull. 1147 (Aug. 15, 2007) – COUNTERPOINT: ETHICALLY HANDLING CONFLICTS BETWEEN TWO CLIENTS THROUGH THE […]

October 2007 Immigration Update

Headlines: 1. U.S. Adds Photo Verification, Sues Illinois on Verification Ban; Towns Rethink Anti-Illegal Laws – The photo tool will be available when a new employee presents an EAD or green card to complete the I-9. 2. USCIS Announces New Naturalization Test – The revised test emphasizes fundamental concepts of American democracy, U.S. history, and […]

URGE CONGRESS TO PASS SMALLER IMMIGRATION MEASURES EVEN THOUGH COMPREHENSIVE IMMIGRATION REFORM COLLAPSED

by Cyrus D. Mehta * Although comprehensive immigration reform went down in flames earlier in the summer of 2007, there is hope that smaller measures could get passed in Congress. On September 20, 2007, Senator Durbin offered an amendment to the military authorization bill (H.R. 1585), which would introduce the DREAM Act (S.A. 2919). This […]

BIA AND SECOND CIRCUIT ON GRANDFATHERING UNDER SECTION 245(i) AND IMPLICATIONS FOR EMPLOYMENT-BASED CASES

by Cristina Velez* Recent decisions from the Board of Immigration Appeals and U.S. Court of Appeals for the Second Circuit raise new questions on an “old” issue: when an immigrant visa petition or labor certification filed on one’s behalf prior to April 30, 2001 was “approvable when filed” and therefore permits one to adjust his […]

IN VITRO FERTILIZATION, SURROGATE MOTHERHOOD AND CITIZENSHIP

by Cyrus D. Mehta * Interesting issues arise under US immigration and nationality law when a child is born through in vitro fertilization (IVF). According to Wikipedia, IVF is a technique in which the egg cells are fertilized by sperm outside the woman’s womb. The process involves hormonally controlling the ovulatory process, removing ova from […]

September 2007 Immigration Update

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 […]

UPDATES ON CASE LAW REGARDING ТPORTABILITYУ UNDER INA ¤ 204(j) AND THE ONE-YEAR DEADLINE FOR FILING AN ASYLUM CLAIM

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 […]

EMPLOYMENT-BASED VISA AVAILABILITY IN September AND October 2007

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 […]

EMERGING ISSUES IN DUAL REPRESENTATION AND UNAUTHORIZED PRACTICE OF LAW

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 […]