THE INTERPLAY BETWEEN EMPLOYMENT AUTHORIZATION, TRAVEL AND H OR L STATUS
by Cyrus D. Mehta * As hundreds of thousands of would be immigrants filed adjustment of status applications during the window between July 17, 2007 and August 17, 2007, it is unlikely that cut-off dates in the Employment-based Second (EB-2) and Third Preferences (EB-3) will advance very rapidly. For instance, the State Department Visa Bulletin […]
OPT-OUT PROVISION UNDER THE CHILD STATUS PROTECTION ACT
by Cyrus D. Mehta* Section 6 of the Child Status Protection Act (CSPA)1 allows beneficiaries of I-130 petitions that have been converted from the Family Second Preference (F2B) to the Family First Preference (F1), after the parent has naturalized, to opt out and remain in the F2B.2 It is possible for the F1 to be […]
November 2007 Immigration Update
Headlines: 1. Backlogged Immigration Cases ‘Could Take Years’ to Process, USCIS Says; No Forward Movement of Cut-Off Dates – USCIS faces huge backlogs because of fee changes combined with confusion over the cut-off date for employment-based applications. 2. Talent Pool Increasingly Global: EU Blue Cards Proposed, Migrant Policy Web Site Launched – Will the European […]
PRACTICE ALERT: HEIGHTENED SCRUTINY OF L-1B VISAS
by Elizabeth T. Reichard1 Practitioners Beware! L-1B Visa Program is facing heightened scrutiny. Reports are streaming in that the Service is issuing sweeping Requests for Evidence (“RFEs”) on all L-1B cases.2 The RFEs appear to be boilerplate and often ask for information that has already been submitted. Rarely do the RFEs make reference to the […]
GREEN CARDS THROUGH INVESTMENT
by Mark Ivener * and Cyrus D. Mehta** For foreign investors looking for freedom and flexibility to live and work in the United States in a way accommodating to their lifestyles, the little-known EB-5 investor category can provide an excellent opportunity to accomplish this goal through the obtaining of Green Cards. There are essentially two […]
LIFE AFTER IMPLEMENTATION OF THE DOL “SUBSTITUTIONS” RULE
by Cyrus D. Mehta* and Catherine L. Haight** The Department of Labor’s (DOL) final rule to "enhance program integrity and reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States” took effect on July 16, 2007.1 The new provisions apply to permanent labor certification applications […]
COUNTERPOINT: ETHICALLY HANDLING CONFLICTS BETWEEN TWO CLIENTS THROUGH THE “GOLDEN MEAN”
In the event of a conflict between two parties represented simultaneously by one attorney in a single matter, the attorney is generally required to withdraw from the representation of both clients. Reproduced is an article published in 12 Bender’s Immigr. Bull. 1147 (Aug. 15, 2007) – COUNTERPOINT: ETHICALLY HANDLING CONFLICTS BETWEEN TWO CLIENTS THROUGH THE […]
October 2007 Immigration Update
Headlines: 1. U.S. Adds Photo Verification, Sues Illinois on Verification Ban; Towns Rethink Anti-Illegal Laws – The photo tool will be available when a new employee presents an EAD or green card to complete the I-9. 2. USCIS Announces New Naturalization Test – The revised test emphasizes fundamental concepts of American democracy, U.S. history, and […]
URGE CONGRESS TO PASS SMALLER IMMIGRATION MEASURES EVEN THOUGH COMPREHENSIVE IMMIGRATION REFORM COLLAPSED
by Cyrus D. Mehta * Although comprehensive immigration reform went down in flames earlier in the summer of 2007, there is hope that smaller measures could get passed in Congress. On September 20, 2007, Senator Durbin offered an amendment to the military authorization bill (H.R. 1585), which would introduce the DREAM Act (S.A. 2919). This […]
BIA AND SECOND CIRCUIT ON GRANDFATHERING UNDER SECTION 245(i) AND IMPLICATIONS FOR EMPLOYMENT-BASED CASES
by Cristina Velez* Recent decisions from the Board of Immigration Appeals and U.S. Court of Appeals for the Second Circuit raise new questions on an “old” issue: when an immigrant visa petition or labor certification filed on one’s behalf prior to April 30, 2001 was “approvable when filed” and therefore permits one to adjust his […]
IN VITRO FERTILIZATION, SURROGATE MOTHERHOOD AND CITIZENSHIP
by Cyrus D. Mehta * Interesting issues arise under US immigration and nationality law when a child is born through in vitro fertilization (IVF). According to Wikipedia, IVF is a technique in which the egg cells are fertilized by sperm outside the woman’s womb. The process involves hormonally controlling the ovulatory process, removing ova from […]
September 2007 Immigration Update
Headlines: 1. DHS Issues Final Rule on Employer ‘No-Match’ Obligations; Judge Issues Temporary Restraining Order Until October 1 – The amended regulation describes the legal obligations of employers relating to the unlawful hiring or continued employment of unauthorized workers. 2. Tips on Verification Compliance – Prudent employers should follow these steps to confirm that their […]
UPDATES ON CASE LAW REGARDING ТPORTABILITYУ UNDER INA ¤ 204(j) AND THE ONE-YEAR DEADLINE FOR FILING AN ASYLUM CLAIM
by Adam Ketcher* This firm regularly posts articles that highlight and explain administrative and judicial decisions that affect the immigration status or pending applications of our clients. Two such matters that are of primary significance to our clients are job “portability” under section 204(j) of the Immigration and Nationality Act (“INA”), and the one-year filing […]
EMPLOYMENT-BASED VISA AVAILABILITY IN September AND October 2007
by Cyrus D. Mehta * After the July 2007 visa bulletin fiasco (See July 2007 VISA BULLETIN FIASCO: A POST-MORTEM), the Department of State has announced in its September 2007 bulletin that there will be limited visa availability in several of the Employment-Based Preferences. The current August 2007 Visa Bulletin shows no visa availability in […]
EMERGING ISSUES IN DUAL REPRESENTATION AND UNAUTHORIZED PRACTICE OF LAW
by Cyrus D. Mehta * This outline addresses emerging issues in two important areas affecting immigration practice: Dual Representation and Unauthorized Practice of Law. Although the two areas are unrelated, they are both very relevant to immigration practitioners, who may be interested in keeping abreast with recent developments. A. DUAL REPRESENTATION The practice of immigration […]
August 2007 Immigration Update
Headlines: 1. DOS, USCIS Reverse Policies, Release Guidance in Response to July Visa Number Debacle – The Department of State and USCIS reversed course to resolve the dilemma of tens of thousands of skilled workers who were left out in the cold by the State Department’s sudden announcement on July 2 that there would be […]
CONVERSATION WITH AN ФOUT OF STATUSХ ALIEN
by Cyrus D. Mehta* Alien: Am I being called an “alien” because I am out of status? Attorney: No. All non-citizens are called aliens. Even green card holders. Alien: My tourist visa is for 10 years. Why am I still out of status? Attorney: Your status is governed by the date on your I-94 card. […]
July 2007 VISA BULLETIN FIASCO: A POST-MORTEM
by Cyrus D. Mehta* The government’s sensible resolution of the July 2007 Visa Bulletin fiasco was met with jubilation from potential adjustment of status applicants who were earlier thwarted from filing. The August 2007 bulletin announced that the July 2007 Employment-based preferences, except for the Other Worker category, would again be current, and DHS further […]
July 2007 VISA BULLETIN CURRENT AGAIN
In a startling reversal of its earlier announcement, the State Department, in its August 2007 Visa Bulletin,announcedthat “Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for the purpose of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.” Insofar as […]
DOL RULE AGAINST SUBSTITUTIONS TAKES EFFECT ON July 16, 2007
by Cyrus D. Mehta* The Department of Labor’s (DOL) final rule to “enhance program integrity and reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States” takes effect on July 16, 2007. See 72 Fed. Reg. 27,903-27,947 (May 17, 2007). The provisions apply to permanent […]
