We reproduce, below, a summary of an article, Tyranny of Priority Dates, by Gary Endelman and Cyrus D. Mehta, forthcoming in BenderХs Immigration Bulletin, which was sent to USCIS Director Mayorkas. Mr. Mayorkas expressed interest in the ideas contained in Tyranny of Priority Dates at a stakeholderХs meeting between him and some of the members […]
Headlines: 1. Senators John Kerry (D-Mass.) and Richard Lugar (R-Ind.) introduce Start Up Visa Act of 2010. – Allows an immigrant entrepreneur to receive a two-year conditional resident status if he or she can show that a qualified US investor is willing to dedicate a minimum of $250,000, to the immigrant’s start up venture. 2. […]
H-1B filing date approaches. Employers will be able to submit cap-subject H-1B petitions on April 1, 2010, for the Fiscal Year (FY) 2011 H-1B program. The numerical limitation, or cap, for FY 2010 was reached on December 21, 2009. Beneficiaries of cap-subject petitions may begin employment in H-1B status no earlier than October 1, 2010. […]
Following the devastation caused by the recent earthquake in Haiti, the Department of Homeland Security has announced a number of measures to aid both Haitian nationals already in the United States, and certain Haitians who were in the process of coming to the United States as relatives of U.S. citizens. This article does not attempt […]
Headlines: 1. USCIS Releases Tips on Filing I-140 Immigrant Petition for Alien Worker – USCIS released a Q&A on ways to ensure that an Immigrant Petition for Alien Worker will not be rejected. 2. USCIS Issues Controversial Memo on Determining Employer-Employee Relationships for Adjudication of H-1B Petitions – The memo states that a lack of […]
Headlines: 1. FY 2010 H-1B Cap Reached – December 21, 2009, is the "final receipt date" for new H-1B specialty occupation petitions requesting an employment start date in FY 2010. 2. Self-Check Verification In the Works, USCIS Head Says; ‘Verification Initiative for Business Enterprise’ Discussed – The recent pace of filings suggests that H-1B numbers […]
by Cora-Ann V. Pestaina* I previously wrote an article, FURTHER AAO SUPPORT FOR THE RIGHT OF A CORPORATION TO PETITION FOR ITS OWNER FOR AN H-1B VISA, expressing optimism for then new persuasive authority in the form a non-precedent decision from the Administrative Appeals Office (“AAO”) that highlighted the legal separation between a petitioning entity, […]
This advisory analyzes an immigration lawyer’s ethical duty in New York upon realizing that a previously filed application for immigration benefits contained false or fraudulent information or a material omission.While a lawyer must competently advocate on behalf of a client, he or she must also represent the client within the bounds of the law. Therefore, […]
Headlines: 1. ICE Workplace Audits Stepped Up – ICE has stepped up audits of companies’ hiring records to determine compliance with employment eligibility verification laws. 2. USCIS Reminds Applicants for Travel Documents To Apply Early – USCIS issued a fact sheet outlining eligibility requirements, the consequences of traveling without advance parole for affected persons, and […]
by Maggie Murphy, Cyrus D. Mehta, and David Ware* When the Program Electronic Review Management (PERM) system regulations1 were introduced, it was proposed that PERM adjudications could take place very quickly. Indeed, within the first few years of the effective date of the regulations, users, including the authors, reported same-day and next-day approvals of PERM […]
