AAO APPROVES EB-2 I-140 FOR BENEFICIARY WITH A 3-YEAR BACHELORХS DEGREE AND A 2-YEAR MASTERХS DEGREE FROM INDIA

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by Cora-Ann V. Pestaina* In order to qualify under the Employer-Based Second Preference (EB-2) category pursuant to §203(b)(2) of the Immigration and Nationality Act; 8 U.S.C. §1153(b)(2), the position described on a labor certification must require an advanced degree or, in the alternative, a Bachelor’s degree plus five years of progressive post-baccalaureate experience.1 The employer […]

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¤ 212(c) LITIGATION: THE AFTERLIFE OF A WAIVER

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by Patricia S. Mann * The Antiterrorism and Effective Death Penalty Act (“AEDPA”), and the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”), passed by Congress over a decade ago, in April 1996, and in September 1996, respectively, had a number of harsh consequences for both undocumented immigrants and for legal permanent residents. For example, […]

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March 2008 Immigration Update

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Headlines: 1. Filing Tips for H-1B Applications – The Alliance of Business Immigration Lawyers recommends these tips for employers planning to file H-1B applications. 2. USCIS Announces Centralized Filing Location for H-1B Cap Exempt Petitioners – This includes petitions filed by institutions of higher education and nonprofit organizations or entities related to or affiliated with […]

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PERM CONUNDRUMS

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by Cyrus D. Mehta * In recent months, immigration practitioners are reporting an increase in audit notifications each time a PERM application is filed with the Atlanta and Chicago Processing Centers. The audits primarily request a “business necessity” justification for job requirements with the Department of Labor (DOL) finds excessive. An employer’s job requirement will […]

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USCIS REVISES EARLIER GUIDANCE ON ITS FBI NAME CHECK POLICY

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By Adam Ketcher* I wrote MANDAMUS ACTIONS: AN EYEWITNESS ACCOUNT (December 10, 2007, https://cyrusmehta.com/perseus/) to provide a basic overview of when federal litigation may be appropriate to compel the government to complete the adjudication of an application for which processing has been delayed by two years or more. I wrote this article in response to […]

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The H-1B VISA PROGRAM

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by Cyrus D. Mehta * On April 1, 2008, the U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions in advance of October 1, 2008, which is the date when H-1B visas under Fiscal Year 2009 become available. Since it is anticipated that there will be more petitions filed than the number of […]

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February 2008 Immigration Update

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Headlines:1. Federal Contractors Must Use E-Verify, White House Orders – Under a new executive order, federal contractors must check the immigration status of their current and future employees through the E-Verify online employment authorization verification system. 2. CBP Issues Tips for U.S.-Canadian Border Travelers – With the onset of summer travel, U.S. Customs and Border […]

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CONTEMPORARY BUSINESS IMMIGRATION ISSUES

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Attached is a Powerpoint Presentation that was presented at a seminar on the same topic by Cyrus D. Mehta and Poorvi Chothani in Mumbai, India, on January 4, 2008.

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RECORDING DEPARTURE FROM THE US AFTER THE FACT

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by Cyrus Mehta* It is important that when a nonimmigrant departs the United States, his or her departure be recorded in the system. This is done when the person hands over the white-colored I-94 card to the airline counter upon departure. The I-94 card was initially issued at the point the nonimmigrant was previously admitted […]

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PIMS, PETITION FRAUD AND EB-2 UNAVAILABILITY

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by Cyrus Mehta* During my recent trip to Mumbai, India, the media that covers US immigration matters was very interested in knowing more about the new Petition Information Management System (PIMS) and the likely delays that it could cause to visa applicants. On Friday, January 11, 2008, I met with Michael J. Carver, Vice Consul, […]

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