May 2013 Immigration Update
HEADLINES 1. DOL, DHS Publish Interim Final Rule on H-2B Prevailing Wage Methodology; DOL, USCIS Resume Processing – The rule revises the prevailing wage methodology used by the DOL to calculate certain prevailing wages paid to H-2B workers and U.S. workers recruited in connection with an H-2B Application for Temporary Employment Certification. 2. CBP Rolling Out […]
April 2013 Immigration Update
Headlines 1. H-1B Filing for FY 2014 Starts April 1; USCIS Will Begin Premium Processing for H-1B Cap Cases on April 15 – Companies should file H-1B petitions now, and evaluate their anticipated hiring needs for H-1B professionals for the 12-month period beginning on October 1, 2013. USCIS will begin premium processing for H-1B cap […]
March 2013 Immigration Update
Headlines: 1. USCIS Posts EB-5 Memorandum for Public Comment – USCIS posted an updated memorandum on the EB-5 program, and is soliciting public comment. 2. H-1B Filing Starts April 1 – Companies should prepare to file H-1B petitions, and evaluate their anticipated hiring needs for H-1B professionals for the 12-month period beginning on October 1, 2013. 3. […]
February 2013 Immigration Update
Headlines: 1.President Obama Speaks on Immigration Reform, Senators Announce Bipartisan Agreement – President Obama spoke on his immigration reform proposal one day after a bipartisan group of senators also proposed principles for comprehensive immigration reform. 2.USCIS Updates FAQ on DACA, Releases Latest Statistics – USCIS has posted new information on the definition of DACA, accrual of […]
January 2013 Immigration Update
Headlines: 1. USCIS To Implement New Immigrant Visa Fee February 1 – USCIS will begin collecting a new fee of $165 from foreign nationals seeking permanent residence in the United States. 2. USCIS Launches New E-Verify Employers Search Tool – The new online tool allows the user to find employers and federal contractors currently enrolled in E-Verify. […]
December 2012 Immigration Update
Headlines: 1. House Passes STEM Bill; ‘Achieve Act’ Introduced in Senate, Congressional Hispanic Caucus Reacts; Obama, Dems Advocate Comprehensive Immigration Reform – The STEM bill would allocate visas to STEM graduates without increasing overall immigration, by eliminating the diversity visa program. Neither the STEM bill nor the Achieve Act are likely to survive in the […]
November 2012 Immigration Update
Headlines: 1. E-Verify Mandated in Four States in 2013 – Georgia, North Carolina, Pennsylvania, and Tennessee have all passed mandatory work authorization verification laws, the final provisions of which take effect in 2013. 2. EB-2 Priority Dates Become ‘Current’ in November, Except for China and India – For China in November, the EB-2 priority date cut-off […]
CYRUS D. MEHTA NAMED BEST LAWYERS 2013 NEW YORK CITY IMMIGRATION LAWYER OF THE YEAR
Best Lawyers, one of the most respected peer-review publications in the legal profession, has designated Cyrus D. Mehta as the Best LawyersХ 2013 New York City Immigration Lawyer ТLawyer of the Year.У Best Lawyers began designating ТLawyers of the YearУ in the US in high profile practice areas since 2009. Only a single lawyer in […]
October 2012 Immigration Update
HEADLINES: 1. Details Released on DV-2014 Lottery Program; DV-2013 Entrants Should Keep Confirmation Numbers – Online registration for the DV-2014 Program begins on October 2, 2012, at noon EDT, and concludes on November 3, 2012, at noon EDT. The Department of State also said it may select more DV-2013 entries on October 1, 2012, so DV-2013 […]
September 2012 Immigration Update
Headlines: 1. USCIS Submits Emergency Requests to OMB for Deferred Action-Related Forms; ICE Agents File Lawsuit – USCIS has submitted information collection requests to the OMB for “emergency” consideration related to the new deferred action program. 2. USCIS Allows 30 Additional Days for Public Comment on Revised I-9 – USCIS received over 6,200 comments in response […]
August 2012 Immigration Update
Headlines 1. EB-5 Immigrant Investor Update: New Office; Stats, Summary Released – USCIS has announced formation of a new EB-5 program office. Also, USCIS released FY 2012 third-quarter statistics at its stakeholder call in July, and released a summary of questions and answers from the previous stakeholder meeting in May. USCIS also announced that it plans to […]
July 2012 Immigration Update
Headlines 1. Supreme Court Strikes Down Most Provisions of Arizona’s Immigration Enforcement Law – The Supreme Court struck down most provisions of Arizona’s 2010 immigration-related law, allowing to stand one provision requiring police to verify immigration status in certain circumstances. 2. Continued Heavy Demand in Employment Second Preference Category Leads to Worldwide Cut-Off Date for July – […]
PRESIDENT ANNOUNCES DEFERRED ACTION, WORK AUTHORIZATION FOR CERTAIN CHILDREN OF UNDOCUMENTED PERSONS
In a surprise move, President Barack Obama announced that certain children of undocumented persons may be granted deferred action and work authorization, based on prosecutorial discretion. Secretary of Homeland Security Janet Napolitano detailed the change in a memorandum sent on June 15, 2012, to David V. Aguilar, Acting Commissioner, U.S. Customs and Border Protection (CBP); […]
June 2012 Immigration Update
Headlines: 1. USCIS Launches Online Immigration System – Individuals can establish a USCIS ELIS account and apply online to extend or change their nonimmigrant status for certain visa types. 2. USCIS EB-5 Stakeholders Meeting Provides Little New Information – USCIS did not answer stakeholder questions that had been submitted before the meeting. 3. Senators Urge Mayorkas […]
IT’S ALL ABOUT NUMBERS: INDIA & CHINA EB-2 CATEGORY UNAVAILABLE; H-1B VISAS RUNNING OUT
In May, as predicted, the India and China priority dates in the employment-based second preference (EB-2) green card category retrogressed dramatically, from May 1, 2010, to August 15, 2007. The EB-2 category is for people with advanced degrees or who have exceptional ability. The Department of State’s Visa Office has announced that this category is […]
May 2012 Immigration Update
Headlines 1. FY 2013 H-1B Petitions Coming In Fast – Over 25,000 cap-subject H-1B petitions have been filed as of April 20, 2012. 2. India, China EB-2 Category Retrogresses Dramatically – As predicted for May, the India and China EB-2 priority dates have retrogressed dramatically, from May 1, 2010, to August 15, 2007. 3. DOL Changes Effective […]
April 2012 Immigration Update
Headlines: 1. FY 2013 H-1B Filing Season Begins – Beginning on April 2, 2012, employers may file cap-subject H-1B petitions for FY 2013, for employment starting on October 1, 2012, or later. 2. Department of State Amends Fees for Consular Services – The Department issued an interim final rule increasing fees for consular services for nonimmigrant visa […]
March 2012 Immigration Update
Headlines: 1. FY 2013 H-1B Filing Season Rapidly Approaches – Beginning on April 2, 2012 (because April 1 is a Sunday), employers may file cap-subject H-1B petitions for fiscal year (FY) 2013, for employment starting on October 1, 2012, or later. 2. Witnesses Discuss Controversial DHS OIG Report at House Hearing -The report, which indicates that […]
IMMIGRATION REFORM THROUGH GREEN CARD STORIES
By Cyrus D. Mehta* Green Card Stories is a gem of a book, and I feel inspired to write about it. Written by award winning journalist, Saundra Amrhein, with stunning photographs by award winning photographer, Ariana Lindquist, the book puts a human face on immigration through the journeys of 50 individuals who got their green […]
February 2012 Immigration Update
Headlines: 1. DOJ’s Office of Special Counsel Lists Employer Best Practices During Worksite Enforcement Audits – The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices released do’s and don’ts for employers facing ICE audits. 2. USCIS Announces Several Thousand EB-5 Green Cards Issued So Far in First Quarter of FY 2012, Releases […]