MANDAMUS ACTIONS: AN EYEWITNESS ACCOUNT

by Adam Ketcher* Recently, the American Immigration Lawyer’s Association announced that during a meeting with Secretary of Homeland Security Michael Chertoff, he indicated U.S. Citizenship & Immigration Services (USCIS) and the Federal Bureau of Investigation (FBI) have re-examined their existing name check system and developed strategies to process security clearances more quickly.1 Secretary Chertoff confirmed […]

December 2007 Immigration Update

Headlines: 1. No-Match Letters Will Not Be Sent This Year, SSA Says – The SSA will not send out no-match letters this year to employers, in response to a preliminary injunction. 2. USCIS Releases New Form I-9 – USCIS has revised the I-9 Employment Eligibility Verification Form as a first step toward achieving the document […]

THE INTERPLAY BETWEEN EMPLOYMENT AUTHORIZATION, TRAVEL AND H OR L STATUS

by Cyrus D. Mehta * As hundreds of thousands of would be immigrants filed adjustment of status applications during the window between July 17, 2007 and August 17, 2007, it is unlikely that cut-off dates in the Employment-based Second (EB-2) and Third Preferences (EB-3) will advance very rapidly. For instance, the State Department Visa Bulletin […]

OPT-OUT PROVISION UNDER THE CHILD STATUS PROTECTION ACT

by Cyrus  D. Mehta* Section 6 of the Child Status Protection Act (CSPA)1 allows beneficiaries of I-130 petitions that have been converted from the Family Second Preference (F2B) to the Family First Preference (F1), after the parent has naturalized, to opt out and remain in the F2B.2 It is possible for the F1 to be […]

November 2007 Immigration Update

Headlines: 1. Backlogged Immigration Cases ‘Could Take Years’ to Process, USCIS Says; No Forward Movement of Cut-Off Dates – USCIS faces huge backlogs because of fee changes combined with confusion over the cut-off date for employment-based applications. 2. Talent Pool Increasingly Global: EU Blue Cards Proposed, Migrant Policy Web Site Launched – Will the European […]

PRACTICE ALERT: HEIGHTENED SCRUTINY OF L-1B VISAS

by Elizabeth T. Reichard1 Practitioners Beware! L-1B Visa Program is facing heightened scrutiny. Reports are streaming in that the Service is issuing sweeping Requests for Evidence (“RFEs”) on all L-1B cases.2 The RFEs appear to be boilerplate and often ask for information that has already been submitted. Rarely do the RFEs make reference to the […]

GREEN CARDS THROUGH INVESTMENT

by Mark Ivener * and Cyrus D. Mehta** For foreign investors looking for freedom and flexibility to live and work in the United States in a way accommodating to their lifestyles, the little-known EB-5 investor category can provide an excellent opportunity to accomplish this goal through the obtaining of Green Cards. There are essentially two […]

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 […]