April 2008 Immigration Update
April 2008 Immigration Update Headlines: 1. Employers to File FY 2009 H-1B Petitions on April 1; USCIS Publishes Interim Rule Prohibiting Multiple H-1B Petitions for Same Employee – The H-1B supply is expected to be exhausted immediately; USCIS published an interim final rule prohibiting employers from filing multiple H-1B petitions for the same employee. 2. […]
LAST MINUTE HELPFUL HINTS FOR FILING A FY 2009 H-1B CAP CASE
U.S. Citizenship and Immigration Services (USCIS), anticipating that April 1, 2008 will see a repeat of the mass filings from last year, offers a list of measures the petitioner can take to ensure that the petition is correctly filed on its website, www.uscis.gov. We reproduce substantial portions of this governmental advisory, along with our own […]
USCIS ANNOUNCES RULE PROHIBITING DUPLICATE H-1B FILINGS AND ALLOWING FOR A 5-DAY FILING PERIOD
by Cyrus D. Mehta * US Citizenship and Immigration Services (USCIS) transmitted an interim final rule to the Federal Register today that prohibits employers from filing multiple H-1B petitions for the same employee. According to the USCIS, these changes will ensure that companies filing H-1B petitions subject to congressionally mandated numerical limits have an equal […]
AAO APPROVES EB-2 I-140 FOR BENEFICIARY WITH A 3-YEAR BACHELORХS DEGREE AND A 2-YEAR MASTERХS DEGREE FROM INDIA
by Cora-Ann V. Pestaina* In order to qualify under the Employer-Based Second Preference (EB-2) category pursuant to §203(b)(2) of the Immigration and Nationality Act; 8 U.S.C. §1153(b)(2), the position described on a labor certification must require an advanced degree or, in the alternative, a Bachelor’s degree plus five years of progressive post-baccalaureate experience.1 The employer […]
¤ 212(c) LITIGATION: THE AFTERLIFE OF A WAIVER
by Patricia S. Mann * The Antiterrorism and Effective Death Penalty Act (“AEDPA”), and the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”), passed by Congress over a decade ago, in April 1996, and in September 1996, respectively, had a number of harsh consequences for both undocumented immigrants and for legal permanent residents. For example, […]
March 2008 Immigration Update
Headlines: 1. Filing Tips for H-1B Applications – The Alliance of Business Immigration Lawyers recommends these tips for employers planning to file H-1B applications. 2. USCIS Announces Centralized Filing Location for H-1B Cap Exempt Petitioners – This includes petitions filed by institutions of higher education and nonprofit organizations or entities related to or affiliated with […]
PERM CONUNDRUMS
by Cyrus D. Mehta * In recent months, immigration practitioners are reporting an increase in audit notifications each time a PERM application is filed with the Atlanta and Chicago Processing Centers. The audits primarily request a “business necessity” justification for job requirements with the Department of Labor (DOL) finds excessive. An employer’s job requirement will […]
USCIS REVISES EARLIER GUIDANCE ON ITS FBI NAME CHECK POLICY
By Adam Ketcher* I wrote MANDAMUS ACTIONS: AN EYEWITNESS ACCOUNT (December 10, 2007, https://cyrusmehta.com/perseus/) to provide a basic overview of when federal litigation may be appropriate to compel the government to complete the adjudication of an application for which processing has been delayed by two years or more. I wrote this article in response to […]
The H-1B VISA PROGRAM
by Cyrus D. Mehta * On April 1, 2008, the U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions in advance of October 1, 2008, which is the date when H-1B visas under Fiscal Year 2009 become available. Since it is anticipated that there will be more petitions filed than the number of […]
February 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 Border […]
CONTEMPORARY BUSINESS IMMIGRATION ISSUES
Attached is a Powerpoint Presentation that was presented at a seminar on the same topic by Cyrus D. Mehta and Poorvi Chothani in Mumbai, India, on January 4, 2008.
RECORDING DEPARTURE FROM THE US AFTER THE FACT
by Cyrus Mehta* It is important that when a nonimmigrant departs the United States, his or her departure be recorded in the system. This is done when the person hands over the white-colored I-94 card to the airline counter upon departure. The I-94 card was initially issued at the point the nonimmigrant was previously admitted […]
PIMS, PETITION FRAUD AND EB-2 UNAVAILABILITY
by Cyrus Mehta* During my recent trip to Mumbai, India, the media that covers US immigration matters was very interested in knowing more about the new Petition Information Management System (PIMS) and the likely delays that it could cause to visa applicants. On Friday, January 11, 2008, I met with Michael J. Carver, Vice Consul, […]
January 2009 Immigration Update
Headlines: 1. U.S. Chamber of Commerce Challenges Legality of E-Verify Requirement for Federal Contractors – The U.S. Chamber of Commerce filed a lawsuit against the DHS challenging the legality of requiring federal contractors to begin using E-Verify by January 15. 2. DHS Issues Interim Rule on I-9 Verification Documents – The interim rule, among other […]
January 2008 Immigration Update
Headlines: 1. Rhetoric on Support for Science Doesn’t Match Reality of Appropriations – The appropriations bill signed into law in December included meager funding for advances in scientific research rather than the more substantial increases that had been expected. 2. Department of State To Begin Issuing Passport Cards – The final rule provides for a […]
THE SUPREME COURT AND THE ANTI-RETROACTIVITY PRESUMPTION
by Patricia Mann* Ex post facto laws retroactively change the legal consequences of acts, or the legal status of facts and relationships that existed prior to the enactment of the law. Justice Joseph Story, a member of the Supreme Court in the early 19th Century, defined a retroactive statute as “taking away or impairing vested […]
CRITERIA FOR NATURALIZATION AND SELECTED PROBLEM AREAS
(REVISED AND UPDATED)
by Cyrus D. Mehta* A. Introduction In an era of heightened enforcement against noncitizens, naturalization offers a number of important benefits such as the right to vote and also immunity against deportation. While naturalization appears to be a relatively simple process, it also has many pitfalls. The attorney must carefully evaluate the client’s eligibility for […]
(REVISED AND UPDATED)
LATEST FROM MR. AYTES AT USCIS
by Cyrus Mehta* At the AILA-NY Chapter Conference on December 13, 2007, Michael Aytes, Associate Director Emeritus, Domestic Operations Directorate, USCIS, provided interesting perspectives of what USCIS has in store for us in the coming months. The other panel members were Sharon R. Mehlman, AILA SCOPS Liaison Committee Chair, and Shawn A. Orme, AILA USCIS […]
MANDAMUS ACTIONS: AN EYEWITNESS ACCOUNT
by Adam Ketcher* Recently, the American Immigration Lawyer’s Association announced that during a meeting with Secretary of Homeland Security Michael Chertoff, he indicated U.S. Citizenship & Immigration Services (USCIS) and the Federal Bureau of Investigation (FBI) have re-examined their existing name check system and developed strategies to process security clearances more quickly.1 Secretary Chertoff confirmed […]
December 2007 Immigration Update
Headlines: 1. No-Match Letters Will Not Be Sent This Year, SSA Says – The SSA will not send out no-match letters this year to employers, in response to a preliminary injunction. 2. USCIS Releases New Form I-9 – USCIS has revised the I-9 Employment Eligibility Verification Form as a first step toward achieving the document […]
