October 2008 Immigration Update
Headlines: 1. Employment Visa Categories Backlogged – Many employment category cut-off dates have been established for October. 2. DV-2010 Visa Lottery Entry Period Begins – The DV-2010 Lottery online entry period runs from noon EDT on October 2, 2008, to noon EST on December 1, 2008. 3. EAD Delays: What To Do? – The USCIS […]
THE PLIGHT OF H-1Bs DURING 2008Хs ECONOMIC DOWNTURN
by Cora-Ann V. Pestaina* Last week, on one of the most dramatic days in Wall Street’s history, Merrill Lynch agreed to sell itself to Bank of America to ward off deepening financial crisis, while another prominent securities firm, Lehman Brothers, filed for bankruptcy protection and hurtled toward liquidation after it failed to find a buyer. […]
COURT GRANTS IMPORTANT INTERIM RELIEF TO RELIGIOUS WORKERS
by Patricia S. Mann * Ruiz-Diaz, et al. v. USA, et al., No. C07-1881 RSL (W.D. Wash.) is a national class action lawsuit, filed originally on November 27, 2007, with the District Court in Seattle, challenging Citizenship and Immigration Services’ (CIS) refusal to allow religious workers to file a petition for an immigrant visa concurrently […]
CAN ONE SPEND THE 3- AND 10-YEAR BARS IN THE U.S.?
by Cyrus D. Mehta* Since their enactment in 1996, most foreign nationals have become familiar with the dreaded 3- and 10-year bars. Under §212(a)(9)(B)(i) of the Immigration and Nationality Act (INA), an alien who is unlawfully present in the US for a period of 180 days but less than 1 year, and leaves the US […]
September 2008 Immigration Update
Headlines: 1. New Passport Card Is Acceptable For Employment Eligibility Verification – The passport card is considered a “List A” document that may be presented by newly hired employees during the employment eligibility verification process. 2. USCIS Issues Work Authorization Application Version Reminder – USCIS issued a reminder to use the correct version of the […]
REPEAL OF THE HIV IMMIGRATION BAN
On 7/30/08 President George W. Bush signed into law the United States Global Leadership Against HIV/AIDS, Tuberculosis and Malaria Reauthorization Act (H.R.5501/S.2731). The bill includes a provision that repeals the HIV travel/immigration ban by amending the current health-related ground of inadmissibility in the Immigration and Nationality Act to exclude any reference to HIV. This provision […]
MARTINEZ V. MUKASEY: NEW HOPE FOR CERTAIN LEGAL PERMANENT RESIDENTS WITH CRIMINAL CONVICTIONS
By David A. Isaacson* Earlier this year, the United States Court of Appeals for the Fifth Circuit issued a decision that could make relief from removal available to many Legal Permanent Residents with criminal convictions who had previously been thought ineligible to receive such relief. Martinez v. Mukasey, 519 F.3d 532 (5th Cir. 2008), holds […]
NEW INTERPRETATIONS ON SECTION 245(k)
by Cyrus D. Mehta * Section 245(k) of the Immigration & Nationality Act (INA) is a great boon for aliens who are applicants for adjustment of status to permanent residence (Form I-485), but have violated their status for less than 180 or less days from their last lawful admission. If an alien is unable to […]
August 2008 Immigration Update
Headlines: 1. Bill Would Extend E-Verify for 5 Years – With E-Verify set to expire in November, some lawmakers feel there is insufficient time to do anything other than pass a 5-year extension. 2. New Exit Tax Provokes Concerns – The new exit tax may prove to be a major deterrent for wealthy individuals who […]
FOR THE BENEFICIARIES: LICENSES, TAXES & THE ANCILLARY CONSIDERATIONS TO HOLDING IMMIGRATION STATUS IN THE U.S.
by Adam Ketcher* Every year, scores of immigration attorneys flock to the annual conference of the American Immigration Lawyers Association (AILA) to discuss new developments and to learn best practices in family- and employment-based immigration and refugee law. The conference hosts panels by leaders in the field, and, equally important, open forums with government agencies. […]
OUTLINE: APPEALS TO THE BOARD OF IMMIGRATION APPEALS AND THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
by Cyrus D. Mehta* This outline was prepared in conjunction with Mr. Mehta’s presentation at a continuing legal education program sponsored by the Federal Bar Council, Asylum 101: Learning How To Effectively Navigate The Asylum Process, on July 2, 2008 in New York City. This outline will be useful to readers who need a quick […]
HOME IS WHERE THE CARD IS: HOW TO PRESERVE LAWFUL PERMANENT RESIDENT STATUS IN A GLOBAL ECONOMY1
By Gary Endelman* and Cyrus D. Mehta** INTRODUCTION After working hard to obtain lawful permanent residency for a client, immigration practitioners are often confounded by their client’s willingness to jeopardize this hard won status by wishing to remain outside the United States. This is becoming increasingly common today with attractive career opportunities outside the country. […]
July 2008 Immigration Update
Headlines: 1. Federal Contractors Must Use E-Verify, White House Orders – Under a new executive order, federal contractors must check the immigration status of their current and future employees through the E-Verify online employment authorization verification system. 2. CBP Issues Tips for U.S.-Canadian Border Travelers – With the onset of summer travel, U.S. Customs and […]
SUPREME COURT DECIDES REQUESTS FOR VOLUNTARY DEPARTURE May BE WITHDRAWN AFTER THE FACTРBUT CAN VOLUNTARY DEPARTURE STILL BE STAYED?
By David A. Isaacson* On June 16, 2008, the United States Supreme Court decided in the case of Dada v. Mukasey, ___ S. Ct. ___, 2008 WL 2404066, that an alien who has been granted voluntary departure may withdraw this request prior to the conclusion of the voluntary departure period, rather than departing. This ruling […]
FURTHER AAO SUPPORT FOR THE RIGHT OF A CORPORATION TO PETITION FOR ITS OWNER FOR AN H-1B VISA
by Cora-Ann V. Pestaina* Although an owner of a sponsoring employer may be barred from obtaining a labor certification, nonprecedent decisions of the Administrative Appeals Office (AAO) have upheld the ability of a corporation to petition for its owner for an H-1B if the owner is qualified for the visa1 . In yet another non-precedent […]
INTERPLAY BETWEEN I-140 PREMIUM PROCESSING, AC21 AND RETROGRESSION
by Cyrus D. Mehta* For those who have been waiting endlessly for permanent residence as applicants for adjustment of status, three important announcements were made this week that could provide relief, but could also delay the coveted goal of obtaining a green card. First, the US Citizenship and Immigration Services (USCIS) announced in a June […]
NEW INTERPRETATIONS ON AC21
by Cyrus D. Mehta* The US Citizenship and Immigration Services (USCIS) issued an important Memorandum by Donald Neufeld (Neufeld Memo),1 dated May 30, 2008, providing guidance on various provisions of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21). AC21 allows beneficiaries of H-1B petitions to extend their H-1B status beyond the maximum […]
June 2008 Immigration Update
Headlines: 1. DHS Issues Supplemental Q&A on OPT Interim Rule for F-1 Students – Among other things, the supplemental Q&A discusses the e-mail notification process allowing an employer whose pending H-1B petition on behalf of an F-1 student was randomly selected to receive an H-1B visa number for FY 2009 to request change of status […]
CSPA AND RETROACTIVITY
by Cyrus D. Mehta * A new Memorandum from Donald Neufeld, Acting Associate Director, Domestic Operations, US Citizenship and Immigration Services (USCIS), Revised Guidance for the Child Status Protection Act (CSPA), HQ DOMO 70/6.1, AFM Update AD07-04 (“Neufeld Memo“), sheds new light on whether the CSPA is retroactive. The CSPA allows, under certain circumstances, children […]
REQUIRING A FOREIGN LANGUAGE UNDER PERM¹
by Cyrus D. Mehta * It is not uncommon for employers to sponsor foreign national workers through the labor certification process because of their linguistic abilities. The Department of Labor (DOL) has usually frowned upon an employer including a foreign language requirement in an advertisement that was used to test the US labor market to […]
