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 – […]
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. […]
