by Cyrus D. Mehta* The State Department’s Visa Bulletin for May 2009, available at http://travel.state.gov/visa/frvi/bulletin/bulletin_4454.html, indicates that the Employment-Based 3rd Preference (EB-3) for all countries will become unavailable on May 1, 2009. Similarly, the Unskilled “Other Worker” category within EB-3 will also become unavailable on May 1, 2009. Therefore, those who are beneficiaries of approved […]
byCyrus D. Mehta* As prospective students to the US are thinking of applying for a student visa at an overseas US consulate, it is important to take note of a helpful Department of State advisory that was sent to consulate posts worldwide, Students and Immigrant Intent, Cable, DOS, 05-State-180015 (Sept. 28, 2005) (“DOS Advisory”). The […]
CDMA Update: The good news is that the USCIS did not receive more than the allotted number of H-1B visas under either the 65,000 H-1B cap or the 20,000 Master’s cap as of April 7, 2009, which was the last day of the 5 day filing window. This window would allow all H-1B petitions received […]
Headlines: 1. H-1B Update: FY 2010 Filing Starts April 1 – USCIS has put in place a five-day window for H-1B filings if the agency receives 65,000 or more applications within the first five business days in April. 2. H-2A/H-2B: DOL Withdraws Interpretation of FLSA On Relocation Expenses – The interpretation said that the FLSA […]
By David A. Isaacson* The Visa Waiver Program (VWP), established under Section 217 of the Immigration and Nationality Act (INA), allows nationals of certain countries to enter the United States without the necessity of obtaining a visa. Those who take advantage of this program are required to waive many of their rights to contest their […]
byCyrus D. Mehta* Among the group of employees in H-1B status who are vulnerable when they lose jobs, no group is more vulnerable than those that have maximized their 6th year limit in H-1B status and are in their 7th or 8th year H-1B extension based on a pending labor certification. Not only are they […]
by Gary Endelman and Cyrus D. Mehta We invite you to read this in-depth and multi-faceted article on the role of the lawyer in the complex labor certification process. It raises many legal, practical, ethical and policy questions concerning labor certification, especially in the context of layoffs and appealing a denial. Also, it addresses the […]
Headlines: 1. Economic Stimulus Bill Includes H-1B Restrictions for TARP Recipients, Strips E-Verify Provisions; Fails To Extend EB-5 Regional Center Pilot – Section 1611 of the American Recovery and Reinvestment Act of 2009 (the “Stimulus Bill”) includes H-1B restrictions for recipients of TARP (Troubled Assets Relief Program) funds. 2. CBP Discusses Immigrant Intent for Trade […]
By Gary Endelman* and Cyrus D. Mehta** “Two roads diverged in a wood, and I- I took the one less traveled by, And that has made all the difference.” Robert Frost: The Road Not Taken (1915) America should not wait for Congress to solve most of its major immigration problems. While we do need new […]
by Cyrus D. Mehta* It is well settled that a non-citizen must have the requisite intent to work for his or her employer at the time of entry or adjustment of status under the second or third employment preferences. A non-citizen who does not have such a bona fide intent is potentially inadmissible under Section […]
