March 2008 Immigration Update

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 […]

PERM CONUNDRUMS

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 […]

USCIS REVISES EARLIER GUIDANCE ON ITS FBI NAME CHECK POLICY

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 […]

The H-1B VISA PROGRAM

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 […]

February 2008 Immigration Update

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 […]

CONTEMPORARY BUSINESS IMMIGRATION ISSUES

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.

RECORDING DEPARTURE FROM THE US AFTER THE FACT

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 […]

PIMS, PETITION FRAUD AND EB-2 UNAVAILABILITY

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, […]

January 2009 Immigration Update

Headlines: 1. U.S. Chamber of Commerce Challenges Legality of E-Verify Requirement for Federal Contractors – The U.S. Chamber of Commerce filed a lawsuit against the DHS challenging the legality of requiring federal contractors to begin using E-Verify by January 15. 2. DHS Issues Interim Rule on I-9 Verification Documents – The interim rule, among other […]

January 2008 Immigration Update

Headlines: 1. Rhetoric on Support for Science Doesn’t Match Reality of Appropriations – The appropriations bill signed into law in December included meager funding for advances in scientific research rather than the more substantial increases that had been expected. 2. Department of State To Begin Issuing Passport Cards – The final rule provides for a […]