May 2011 Immigration Update
Headlines: Feds Crack Down on Employers – In recent actions, the Criminal Division of the U.S. – Attorney’s Office in Washington, DC, is investigating Chipotle Mexican Grill about hiring undocumented workers at its 1,092 restaurants; owners of another establishment were arrested for violations related to employing undocumented workers and not paying taxes on them. House Holds Hearing […]
DOS REPORTS ON EMPLOYMENT-BASED VISA DEMAND; FIRST PREFERENCE EXTREMELY LOW
The Department of State’s Visa Bulletin for May 2011 notes that demand in the employment first preference is extremely low compared with that of recent years. Absent an immediate and dramatic increase in demand, this category is expected to remain "Current" for all countries. It also appears unlikely, the Bulletin says, that a second preference […]
April 2011 Immigration Update
Headlines: 1. USCIS Begins Accepting H-1B Petitions – As of April 1, 2011, USCIS has begun accepting H-1B petitions subject to the FY 2012 cap of 65,000. 2. USCIS Proposes Rule on Registration Requirement for H-1B Petitioners – The rule, which would not take effect until next year, proposes to require employers seeking to petition […]
March 2011 Immigration Update
Headlines: Mayorkas Discusses USCIS Goals for 2011; VIBE System Introduced – The Alliance of Business Immigration Lawyers recommends that clients check their profile and make sure that the major areas are correct to avoid requests for evidence in the future. E-Verify Self-Check Going Live in March – The self-check process is voluntary and available to […]
Can Some Returning Nonimmigrants Challenge an Expedited Removal Order in Court? How Recent Case Law May Provide a Window of Opportunity
Under section 235(b)(1) of the Immigration and Nationality Act (“INA”),[1] U.S. immigration officers may order certain non-citizens[2] who are arriving in the United States to be removed on an expedited basis, without any appeal or meaningful judicial review. This “expedited removal” process can lead to unfair results, but the conventional wisdom has been that it […]
ADVISORY ON EXPORT CONTROL ATTESTATION ON FORM I-129
Any employer who files a Form I-129 petition to the U.S. Citizenship & Immigration Services (USCIS) on or after February 20, 2011 to classify a foreign national worker for an H-1B, H-1B1, L-1, or O-1 visa will be required to make an attestation about its compliance with U.S. export control laws.К This article provides a […]
February 2011 Immigration Update
Headlines: 1. H-1B Cap Reached for FY 2011 – January 26, 2011, is the “final receipt date” for new H-1B specialty occupation petitions requesting an employment start date in FY 2011. 2. ICE Announces New I-9 Compliance Inspection Center, Partnership With Tyson Foods; Audits Increase – Fifteen additional auditors will focus their efforts on major […]
USCIS REVISES I-9 MANUAL FOR EMPLOYERS
US Citizenship and Immigration Services (USCIS) has revised its Handbook for Employers: Instructions for Completing Form I-9 (M-274). Revised as of January 5, 2011, the handbook includes expanded guidance on lawful permanent residents, refugees and asylees, and acceptable documents for employees in temporary protected status (TPS).The following is a summary of key changes in the […]
January 2011 Immigration Update
Headlines: 1. DREAM Act Fails in Senate – Prospects are dim for further developments in the near future, although Democrats vowed to push for the legislation and to include it in any comprehensive immigration reform bill. 2. USCIS Delays Deemed Export Attestation on New I-129 – The new edition of Form I-129, Petition for a […]
KEEPING TRACK: SELECT ISSUES IN EMPLOYER SANCTIONS AND IMMIGRATION COMPLIANCE
By Gary Endelman* and Cyrus D. Mehta** The Form I-9, Employment Eligibility Verification, that was established under the Immigration Reform and Control Act of 1986 (IRCA)1 is a deceptively simple form, but it involves a most complex process that an employer in the United States has to comply with when hiring any employee.2 ¤274A(a)(1) of […]
Analysis of Selected Recent BALCA Decisions as Practice Pointers to Avoid PERM Denials
The Board of Alien Labor Certification Appeals (BALCA) has been incredibly busy issuing a number of decisions. BALCA will be issuing decisions with even greater frequency as it is adding two more panels comprising three administrative law judges each.[1] The current time for BALCA to render a decision is taking about six months, which is […]
December 2010 Immigration Update
1. DOS Discusses Upcoming Employment Visa Number Priority Cut-Off Dates – It is unlikely that any cut-off dates will be set in the employment first preference during the coming months. 2. USCIS Issues Reminder on New Fees, Q&A on New Fee Schedule; Makes Corrections, Clarifications – The new fee schedule for immigration-related applications and petitions […]
USCIS NEW FEE INCREASE EFFECTIVE ON November 23, 2010
US Citizenship and Immigration (USCIS) issued a reminder that its new fee schedule will take effect on Tuesday, November 23, 2010.К Applications or petitions postmarked or otherwise filed on or after this date must include the new fee or they will be rejected. As a practical matter, it is clear that if the application or […]
November 2010 Immigration Update
Headlines: 1. WHD Plans Nationwide Audit of Independent Contractor Misclassifications – Targeted industries may include may include agriculture, construction, distribution, food processing, hospitality, janitorial services, landscaping, manufacturing, restaurants, and sanitation. 2. District Court Finds NY Education Law Limiting Pharmacist Licenses to U.S. Citizens, LPRs Unconstitutional – A New York education law was found unconstitutional […]
October 2010 Immigration Update
Headlines: 1. USCIS Raises Many Fees, Adds New Fees – Among other things, USCIS is raising fees for most immigration benefits by a weighted average of 10 percent, establishing several new fees, and raising the premium processing service fee. 2. 2012 Diversity Visa Lottery Program Registration Begins in October – The Department of State strongly […]
FILING AND ADJUDICATION OF MOTIONS TO REOPEN AND RECONSIDER AFTER DEPARTURE FROM THE UNITED STATES
As interpreted by the Board of Immigration Appeals (ТBIAУ), regulations in effect for more than 50 years have long been thought to prevent an alien who has departed the United States under an order of removal from filing a motion to reopen or reconsider a decision of the BIA or an Immigration Judge (ТIJУ), or […]
September 2010 Immigration Update
Headlines: 1. USCIS Implements H-1B, L-1 Fee Increases – Effective immediately, the provisions require an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after August 14, 2010. 2. Dep’t of State Finalizes Rule on Electronic Application Alternative for Immigrant Visas – The agency has […]
PRESIDENT SIGNS BORDER BILL THAT INCREASES FEES FOR CERTAIN COMPANIES USING MANY H-1B, L WORKERS
On August 13, 2010, President Barack Obama signed into law a border enforcement funding bill, H.R. 6080, that would offset certain border security costs by raising fees for certain H-1B and L petitions. The bill was passed in the House of Representatives by voice vote on August 10, and was passed in the Senate by […]
August 2010 Immigration Update
Headlines: 1. Preliminary Injunction Blocks Key Provisions of Arizona Immigration Statute – A key portion of the new statute may conflict with a Supreme Court ruling that states cannot create their own immigration systems, a federal judge states; the New York City Bar calls the statute unconstitutional. 2. ICE I-9 Final Rule Allows for Electronic […]
July 2010 Immigration Update
Headlines: 1. Department of State Publishes Consular Fee Interim Rule, Reopens Comment Period – The Department received 1,797 comments in response to the proposed rule and has reopened the comment period for an additional 60 days, until August 27, 2010. 2. USCIS Proposes Changes in Fees, Large New Fee for EB-5 Regional Center Applications – […]
