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 – […]
June 2010 Immigration Update
Headlines: USCIS Revises Employment Authorization Document – The EAD now includes a machine-readable zone on the back of the card. USCIS Redesigns Green Card – USCIS will replace green cards already in circulation as individuals apply for renewal or replacement. State Dept. Raises Consular Fees for Nonimmigrant Visas and BCCs – The interim final rule, […]
May 2010 Immigration Update
Headlines: 1. Controversial New Arizona Statute Signed Into Law – The governor of Arizona signed a law that directs local police to make immigration status determinations and makes it a misdemeanor to lack proper immigration documents. An amendment passed April 30, 2010, just before this update was published, slightly softens some of the most outrageous […]
A Preliminary Look At Some Of The Constitutional And Practical Problems With Arizona’s New Immigration Law
On April 23, 2010, Governor Jan Brewer of Arizona signed into law SB 1070, a multipronged effort by the Arizona legislature to, in the words of the statute, “discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States.”1 Among other things, SB 1070 creates […]
FEW H-1B PETITIONS FILED SO FAR FOR FISCAL YEAR 2011 CAP
U.S. Citizenship and Immigration Services (USCIS) announced on April 8, 2010, that it continues to accept H-1B nonimmigrant petitions subject to the fiscal year (FY) 2011 cap. USCIS will monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master’s degree or higher educational exemption. USCIS has received approximately […]
April 2010 Immigration Update
Headlines: 1. ABIL Meets With USCIS, Proposes Immigration Reforms – ABIL said it believes that employment-based immigration reforms should encompass changes in both nonimmigrant and immigrant visa categories so that the U.S. becomes the most attractive global destination for highly skilled and essential workers. 2. USCIS To Accept FY 2011 H-1B Petitions Beginning April 1 […]
GEARING UP FOR FY2011 H-1B FILINGS: USCIS STOPS ALLOWING FILINGS WITH UNCERTIFIED LCAs AND AILA PROTESTS NEUFELD MEMO
In continuation of our previous article, H-1b Update: Filing Date Approaches; Scrutiny At POEs Increases; USCIS Issues H-1B Guidance Under Economic Stimulus, dated February 19, 2010, http://tinylink.com/?7h4K85wN87, USCIS has announced on March 10, 2010, that it will not extend the period in which it temporarily accepted H-1B petitions filed with uncertified labor condition applications (LCAs). […]
PROPOSALS FOR AGENCY ACTION TO AMELIORATE THE PRIORITY DATES CRISIS
We reproduce, below, a summary of an article, Tyranny of Priority Dates, by Gary Endelman and Cyrus D. Mehta, forthcoming in BenderХs Immigration Bulletin, which was sent to USCIS Director Mayorkas. Mr. Mayorkas expressed interest in the ideas contained in Tyranny of Priority Dates at a stakeholderХs meeting between him and some of the members […]
March 2010 IMMIGRATI0N UPDATE
Headlines: 1. Senators John Kerry (D-Mass.) and Richard Lugar (R-Ind.) introduce Start Up Visa Act of 2010. – Allows an immigrant entrepreneur to receive a two-year conditional resident status if he or she can show that a qualified US investor is willing to dedicate a minimum of $250,000, to the immigrant’s start up venture. 2. […]
H-1B UPDATE: FILING DATE APPROACHES; SCRUTINY AT POES INCREASES; USCIS ISSUES H-1B GUIDANCE UNDER ECONOMIC STIMULUS
H-1B filing date approaches. Employers will be able to submit cap-subject H-1B petitions on April 1, 2010, for the Fiscal Year (FY) 2011 H-1B program. The numerical limitation, or cap, for FY 2010 was reached on December 21, 2009. Beneficiaries of cap-subject petitions may begin employment in H-1B status no earlier than October 1, 2010. […]
NEW USCIS POLICIES REGARDING HAITIAN ORPHANS: A STEP IN THE RIGHT DIRECTION, BUT DO THEY GO FAR ENOUGH?
Following the devastation caused by the recent earthquake in Haiti, the Department of Homeland Security has announced a number of measures to aid both Haitian nationals already in the United States, and certain Haitians who were in the process of coming to the United States as relatives of U.S. citizens. This article does not attempt […]
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 […]
