RECENT DEVELOPMENTS REGARDING THE VISA WAIVER PROGRAM: BAYO V. CHERTOFF AND THE ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION (ESTA)
By David A. Isaacson* The Visa Waiver Program (VWP), established under Section 217 of the Immigration and Nationality Act (INA), allows nationals of certain countries to enter the United States without the necessity of obtaining a visa. Those who take advantage of this program are required to waive many of their rights to contest their […]
ON THE EDGE OF THE PRECIPICE Р BEING LAID OFF DURING THE 7TH YEAR H-1B
byCyrus D. Mehta* Among the group of employees in H-1B status who are vulnerable when they lose jobs, no group is more vulnerable than those that have maximized their 6th year limit in H-1B status and are in their 7th or 8th year H-1B extension based on a pending labor certification. Not only are they […]
WALKING THE HIGH WIRE WITHOUT A NET Р THE LAWYERХS ROLE IN THE LABOR CERTIFICATION PROCESS
by Gary Endelman and Cyrus D. Mehta We invite you to read this in-depth and multi-faceted article on the role of the lawyer in the complex labor certification process. It raises many legal, practical, ethical and policy questions concerning labor certification, especially in the context of layoffs and appealing a denial. Also, it addresses the […]
March 2009 Immigration Update
Headlines: 1. Economic Stimulus Bill Includes H-1B Restrictions for TARP Recipients, Strips E-Verify Provisions; Fails To Extend EB-5 Regional Center Pilot – Section 1611 of the American Recovery and Reinvestment Act of 2009 (the “Stimulus Bill”) includes H-1B restrictions for recipients of TARP (Troubled Assets Relief Program) funds. 2. CBP Discusses Immigrant Intent for Trade […]
THE PATH LESS TAKEN: IS THERE AN ALTERNATIVE TO WAITING FOR COMPREHENSIVE IMMIGRATION REFORM?Ё
By Gary Endelman* and Cyrus D. Mehta** “Two roads diverged in a wood, and I- I took the one less traveled by, And that has made all the difference.” Robert Frost: The Road Not Taken (1915) America should not wait for Congress to solve most of its major immigration problems. While we do need new […]
THE PORTABILITY PARADOX
by Cyrus D. Mehta* It is well settled that a non-citizen must have the requisite intent to work for his or her employer at the time of entry or adjustment of status under the second or third employment preferences. A non-citizen who does not have such a bona fide intent is potentially inadmissible under Section […]
SENATE AMENDMENT 306 TO FURTHER RESTRICT THE H-1B VISA PROGRAM: SOUND ECONOMICS OR DOBBSIAN ECONOMICS?
byAdam Ketcher1* In a time when hundreds of thousands of U.S. workers are losing their jobs each month in an economic disaster that pundits analogize to the Great Depression,2 we might expect our Congress to look to Keynesian model of recovery. But with the evaporation of so much capital from our financial system, the public […]
February 2009 Immigration Update
Headlines: 1. Prepare Early for H-1B Lottery – The Alliance of Business Immigration Lawyers recommends contacting your ABIL member now to begin preparing your H-1B strategy and paperwork. 2. New I-9 Form Available, USCIS Delays Change in List of Acceptable Documents– The new form reflects the DHS’s amended regulations governing the types of acceptable documents […]
IMMIGRANTS CAN BOOST THE ECONOMY
by Cyrus D. Mehta* With the euphoria of President Obama’s historic inauguration and his quick moves to bring about transparency and accountability in government, as well as due process by ordering the closing of Guantanamo and other secret CIA prisons overseas, it remains to be seen whether immigrants will get a boost or not with […]
AAO RULES THAT MBBS DEGREE QUALIFIES UNDER THE EMPLOYMENT-BASED SECOND PREFERENCE
by Cyrus D. Mehta* In recent times, attorneys who have been representing foreign physicians with an MBBS (Bachelor of Medicine and Bachelor of Surgery) degree have reported that the USCIS Nebraska Service Center (NSC) and Texas Service Centers (TSC) have rejected arguments that the MBBS qualifies as an advanced degree. Since the MBBS is normally […]
MATTER OF SILVA-TREVINO: AN UPDATE ON CRIMES INVOLVING MORAL TURPITUDE
by Patricia S. Mann* Difficult as it is to imagine today, for most of the 19th Century, the U.S. had an essentially open-door immigration policy. Efforts to exclude particular categories of immigrants began in 1875 with new laws to provide for the exclusion of convicts and prostitutes. In 1882, we began our continuing history of […]
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 […]
THE H-1B VISA PROGRAM IN AN ECONOMIC DOWNTURN
by Adam Ketcher* Looking forward to FY2010, last week’s article (THE H-1B VISA PROGRAM – https://cyrusmehta.com/perseus/news.aspx?SubIdx=ocyrus20081219943) provided an update on the H-1B visa program for those who anticipate filing petitions for new H-1B employment in April. But what about those H-1B beneficiaries who were chosen in last year’s H-1B lottery and began their employment in […]
The H-1B VISA PROGRAM
by Cyrus D. Mehta* (Updated 12/16/2008) On April 1, 2009, the U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions in advance of October 1, 2009, which is the date when H-1B visas under Fiscal Year 2010 become available. Since it is anticipated notwithstanding the economic downturn that there may be more petitions […]
VERMONT SERVICE CENTER INDICATES THAT IT WILL NOT FOLLOW MATTER OF MARIA T. GARCIA IN INTERPRETING THE CHILD STATUS PROTECTION ACT
by David A. Isaacson* On November 3, 2008, Vermont Service Center (“VSC”) Counsel Thomas F. McCarthy sent a letter to attorney Alan Lee indicating that the VSC will not follow the unpublished decision of the Board of Immigration Appeals in Maria T. Garcia, A# 79 001 587, interpreting the Child Status Protection Act (“CSPA”).1 That […]
December 2008 Immigration Update
Headlines: 1. E-Verify Deadline Approaches for Federal Contractors – Federal contractors and subcontractors will be required to begin using the E-Verify online work authorization verification system starting January 15, 2009. 2. Canada Fast-Tracks Skilled Workers – Applicants who are not eligible for the federal skilled worker category may qualify under another category. 3. USCIS Revises […]
REFLECTING ON THE MUMBAI ATTACKS
By Cyrus D. Mehta* CDMA salutes and honors all of those who died in the senseless and wanton terrorist attacks in Mumbai last week. We also express our deepest sympathies to the family members and friends of the victims. CDMA has deep ties with the city of Mumbai (formerly Bombay). I was born and grew […]
OBAMA AND IMMIGRATION
by Cyrus D. Mehta* In addition to creating a new sense of hope after the election of Barack Obama, there is also hope for immigration reform under the new administration. There was a huge turnout in the Latino and new American vote in the 2008 presidential election. 66% of the Latino vote went for Obama, […]
USCIS ISSUES BURDENSOME RFEs TARGETING COMPUTER CONSULTING COMPANIES
by Cora-Ann V. Pestaina* Recently, the USCIS started issuing a slew of Requests for Evidence (“RFEs”), specifically targeting computer consulting companies, even companies that are well established. RFEs are issued after an employer files an H-1B petition on behalf of a foreign employee. These lengthy and detailed RFEs, some 4 to 5 pages long, are […]
November 2008 Immigration Update
Headlines: USCIS Estimates 21 Percent of H-1B Cases Involve Fraud or Technical Violations – USCIS concluded that there is a 21 percent baseline fraud and technical violation rate for H-1B petitions and plans procedural changes as a result. U.S. Increases Period of Stay for Trade-NAFTA Professionals From Canada and Mexico – The final rule changes […]
