February 2010 Immigration Update
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 […]
January 2010 Immigration Update
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 […]
USCIS GRAPPLING WITH THE RIGHT OF A CORPORATION TO PETITION FOR ITS OWNER FOR AN H-1B VISA
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, […]
What Remedial Measures Can a Lawyer Take to Correct False Statements Under New York’s Ethical Rules?
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, […]
December 2009 Immigration Update
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 […]
SUPERVISED RECRUITMENTS IN TOUGH ECONOMIC TIMES – PRACTICAL TIPS FOR COMPLIANCE
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 […]
2009 UPDATE FROM THE BOARD OF ALIEN LABOR CERTIFICATION APPEALS (BALCA)
by Cyrus D. Mehta* BALCA has been busy in 2009, and has issued many decisions that have had an impact on how labor certifications under PERM are prepared and filed. Here is a round up of what I believe are some of the more relevant decisions, which I prepared for my presentation at the AILA […]
November 2009 Immigration Update
Headlines: 1. Congress Extends Four Immigration Programs for Three Years – The non-minister religious worker, "Conrad 30," EB-5 immigrant investor pilot, and E-Verify programs are extended for three years, until September 30, 2012. 2. DHS Rescinds ‘No-Match’ Rules – DHS said it will focus its enforcement efforts relating to the employment of unauthorized workers on […]
USCIS ISSUES CONTROVERSIAL CLARIFICATION OF REQUIREMENTS FOR AGENTS FILING AS PETITIONERS FOR O AND P VISAS
U.S. Citizenship and Immigration Services (USCIS) issued a controversial clarification on October 7, 2009, for performing arts associations and their members of the regulatory requirements for agents who file as petitioners for the O and P visa classification. The agency said it issued the clarification in response to inquiries "that reveal confusion regarding the circumstances […]
H-1B BIGOTRY
by Cyrus D. Mehta* There appears to be a troubling trend these days. Attacking the H-1B visa is code for keeping the Indians out. Leading the drumbeat against the H-1B are Senators Grassley (R-IA) and Durbin (D-IL), https://cyrusmehta.com/perseus/News.aspx. In his latest missive to the new USCIS Director, Senator Grassley makes H-1B bigotry politically respectable, http://tinylink.com/?I38d5pyKzi. […]
October 2009 Immigration Update
Headlines: USCIS Says Fees May Rise –A decline in revenue from a decrease in applications could lead to higher application fees. Labor Dept. Issues FAQ on LCAs – The Department issued a FAQ about the new iCERT Portal and the newly redesigned ETA Forms 9035 and 9035E. ABIL Alert: Be Prepared for Surprise Enforcement Site […]
JUDICIAL REVIEW OF DENIED ARRIVING-ALIEN ADJUSTMENTS
by David A. Isaacson* Under current regulations, “arriving aliens” who are paroled into the United States without officially being admitted, and who later seek adjustment of status, face an unusual set of procedural circumstances. They can apply for adjustment with USCIS even if there is a final order of removal against them, but in most […]
THE CRISIS OF UNREPRESENTED INDIVIDUALS IN REMOVAL PROCEEDINGS
by Cyrus D. Mehta* A noncitizen who is placed in removal proceedings has a right to a lawyer at his or her own expense, but unlike a criminal proceeding, there is no constitutional right to counsel. Securing representation in immigration proceedings cannot be at the expense of the government. As a result, many poor immigrants […]
THE GRASSLEY-DURBIN BILL TO RESTRICT H-1B AND L VISAS IS THE WRONG SOLUTION AT THE WRONG TIME
byGary Endelman* and Cyrus D. Mehta** We must lay out the welcome mat for the best and brightest from all over the world. Our corporations must be given the tools to attract the best and the brightest so that they can compete in the global market place. Those who are attracted to work in the […]
September 2009 Immigration Update
Headlines: 1. DHS Proposes To Rescind Social Security No-Match Rule; SEVIS Data To Be Integrated Into E-Verify – DHS has proposed to rescind amendments relating to procedures that employers may take to acquire a safe harbor from receipt of no-match letters. 2. State Dept. Introduces Online Nonimmigrant Visa Application Form – The new DS-160 Web-based […]
HOW THE DEFINITION OF THE WORD ТBEGINУ COULD AFFECT YOUR PERM APPLICATION
by Cora-Ann V. Pestaina* Of the many complicated rules surrounding the Department of Labor’s (“DOL”) Permanent Electronic Review Management (“PERM”) process, one rule, and more fittingly, the DOL’s hypertechnical interpretation of that rule, continues to be the basis for many unexpected PERM denials. This rule can be found in 20 C.F.R. §656.40(c). In pertinent part, […]
MY MARRIAGE HAS BROKEN DOWN, BUT NOT YET TERMINATED: HOW DO I FILE MY I-751?
byCyrus D. Mehta* A Conditional Permanent Resident (CPR) is one who has obtained his or her status through marriage to a United States Citizen spouse or to a Legal Permanent Resident (LPR) spouse within two years of the marriage.1 ¤ 216 of the Immigration and Nationality Act (INA) imposes a two year period of conditional […]
HOW TO WIN A NATIONAL INTEREST WAIVER
by Cora-Ann V. Pestaina* This article is not intended to be a comprehensive overview of the National Interest Waiver (“NIW”) immigrant visa petition, and is instead a practical account of how our firm recently won a NIW. The NIW is an immigrant petition for lawful permanent residence under the employment-based second preference (“EB-2”) category. In […]
August 2009 Immigration Update
Headlines: USCIS Issues Guidance to Employers Whose H-1B Petitions for Health Care Specialty Occupations Are Denied – Employers whose petitions were denied on certain bases should send an e-mail to the USCIS Service Center that issued the denial to request review. DHS Secretary Announces Support for Federal Contractor E-Verify Rule, Intention to Rescind No-Match Rule […]
CDMA COMMENT TO PROPOSED RULE THAT REMOVES HIV FROM COMMUNICABLE DISEASE OF PUBLIC HEALTH SIGNIFICANCE
In July of 2008, as part of the ТTom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis and Malaria Reauthorization ActУ, Public Law 110-93, Congress removed the specific statutory ban on entry into the United States by foreign nationals with HIV, restoring jurisdiction to the Department of Health and Human Services […]
