June 2007 Immigration Update
Headlines: 1. Immigration Reform Bill Passes ‘Test’ Vote in Senate – The Senate’s bipartisan bill on comprehensive immigration reform has passed a “test” vote; formal debate has begun. 2. DOL Publishes Final Labor Certification Rule, Prohibits Substitutions; USCIS Terminates Premium Processing for I-140s Requesting Substitutions – The regulation’s provisions apply to permanent labor certification applications […]
COMPREHENSIVE IMMIGRATION REFORM BILL WILL RADICALLY ALTER IMMIGRATION LAW
by Cyrus D. Mehta* and Poorvi Chothani** America is a nation of immigrants and its history of admitting newcomers goes all the way back since its inception. Millions upon millions of people have been attracted to this country because it provides opportunities to anyone who works hard, regardless of race, religion or national origin. In […]
SEISMIC ACTIVITY IN IMMIGRATION LAW
by Cyrus D. Mehta* During the week ending May 18, 2007, there has been significant seismic activity that could radically change the way we know US immigration law. Rumblings have gone on throughout the week involving advances in employment –based visa numbers, a DOL rule that will eliminate substitutions and prohibit foreign nationals from paying […]
CIR NEGOTIATIONS REACH ТMAKE OR BREAKУ POINT IN SENATE, URGENT ACTION NEEDED!
We reproduce the following message from the AILA Infonet site: Your urgent action has never been needed more than now, when the debate and negotiations on comprehensive immigration reform legislation are nearing a "make or break" point. Contrary to what you may be reading in the press, the negotiations between a White House-led group of […]
USCIS REACHES H-1B MASTERХS CAP FOR FISCAL YEAR 2008
by Cyrus D. Mehta* On May 4, 2007, United States Citizenship and Immigration Services (USCIS) announced that it has received enough H-1B petitions to fill the 20,000 cap for those who have earned master’s degrees or higher from a U.S. institution of higher education. The announcement retroactively assigns April 30, 2007 as the “final receipt […]
May 2007 Immigration Update
Headlines: USCIS Completes FY 2008 H-1B Selections, Changes Procedures – USCIS has completed the random selection process to determine which FY 2008 H-1B petitions would be accepted for processing, and outlined new procedures. DHS Issues Final Rule on Petitioning Requirements for O and P Nonimmigrants – DHS issued a final rule to permit petitioners to […]
NUMBERS MADNESS
by Elizabeth T. Reichard* March was indeed a month of madness for immigration lawyers. We had to balance a number of very pressing concerns – the need to prepare hundreds of H-1B visa petitions so that they were received by the USCIS on April 2, 2007, the April 1, 2007 deadline to submit all RIR […]
HOW MANY AMERICANS IN WAITING?
by Cyrus D. Mehta * While the debate on whether to legalize millions of undocumented immigrants and create a pathway for their citizenship continues to rage, a gem of a book advocates for a paradigm shift on how we ought to be viewing immigrants. It essentially states that immigrants ought to be treated like citizens. […]
USCIS RECEIVED MORE THAN 65,000 H-1B APPLICATIONS ON April 2!! TELL CONGRESS TO INCREASE THE CAP!
by Cyrus D. Mehta* 65,000 H-1B visas are not enough to meet the demands of our work force! Tell Congress today! Call or email your senators and representative and let them know that the U.S. Citizenship and Immigration Services received on April 2 – the first day H-1B applications could be filed for fiscal year […]
H-1B CAP REACHED ON FIRST DAY
by Elizabeth Reichard* The U.S. Citizenship & Immigration Services (USCIS) just announced that it has reached the H-1B cap after having received 150,000 H-1B petitions on April 2, 2007. April 2 was the first day on which a Fiscal Year 2008 H-1B petition could be filed with the USCIS under the congressionally mandated yearly cap […]
April 2007 Immigration Update
Headlines: H-1B Rush Begins; Reform Bill Introduced in House; Other Developments – H-1B cap could be filled immediately; bipartisan reform legislation is introduced in the House. USCIS Reminds Applicants of New Filing Procedures Effective April 2 – Effective April 2, 2007, all Forms I-129 and I-539 are to be filed directly with the California Service […]
GEARING FOR THE FY 2008 H-1B CAP
by Cyrus D. Mehta* Every potential H-1B filer is scrambling to make it into the FY 2008 Cap, which starts on October 1, 2007. Petitioners can file six months in advance, and thus the first day for accepting an H-1B petition is April 1, 2007. This year, April 1, 2007, falls on a Sunday. Therefore, […]
RESUSCITATING NONIMMIGRANT VISA STATUS IN THE UNITED STATES
The general rule is that one can only apply for a change or extension of nonimmigrant visa status while the applicant is still in status. For example, if an individual is admitted into the US in business (B-1) visa status, which is valid till March 30, 2007, and his or her business purpose will not […]
UNDERSTANDING THE FBI NAME CHECK POLICY THAT IS CAUSING NATURALIZATION DELAYS
by Cyrus D. Mehta A detailed internal memo from the US Citizenship and Immigration Services (USCIS) explains the labyrinthine FBI name check procedure that has caused delays to many people applying for citizenship or other immigration benefits, such as permanent residence. The Interoffice Memorandum by Michael L. Aytes, Associate, Director, Domestic Operations, USCIS, dated December […]
March 2007 Immigration Update
Headlines: Employment Third Preference Category Stagnates – Little if any forward movement in the employment third preference category is expected in the near future. DHS Launches Traveler Redress Inquiry Program – DHS TRIP provides a way for travelers to address situations where they have been incorrectly delayed, denied boarding, or identified for additional screening. CBP […]
FOURTH CIRCUIT HOLDS THAT ADJUSTMENT APPLICANTS CAN EXERCISE JOB “PORTABILITY” IN REMOVAL PROCEEDINGS
by Cyrus D. Mehta* On February 22, 2007, the US Court of Appeals for the Fourth Circuit in Perez-Vargas v. Gonzales, __ F.3d __, 2007 WL 529357 (4th Cir. Feb 22, 2007) (No. 05-2313) ruled that applicants with pending adjustment of status applications can exercise job portability while in removal proceedings. As a background, Congress […]
FINDING THE ТGOLDEN MEANУ IN DUAL REPRESENTATION Р UPDATED
The practice of immigration law invariably involves the representation of two clients. One immigration attorney represents both spouses as well as the employer and employee. While it is ideal for each party to have his or her own attorney, it may not be cost effective or efficient for the co-clients, who generally retain one attorney […]
BIA RULES THAT CHILD STATUS PROTECTION ACT RETROACTIVELY APPLIES TO CHILDREN OF US CITIZENS
The Board of Immigration Appeals (BIA) in Rodolfo Avila-Perez, 24 I&N Dec. 78 (BIA 2007) ruled that the Child Status Protection Act (CSPA) applies to beneficiaries of immediate relative visa petitions that were approved before August 6, 2002, its date of enactment. Section 201(f)(1) of the Immigration and Nationality Act (INA) freezes the age of […]
February 2007 Immigration Update
Headlines: CDMA Issues H-1B Application Alert – The FY 2008 cap is expected to be met quickly; CDMA advises clients to begin preparing well in advance of the April filing start date. USCIS Proposes Large Fee Increases – Business immigration forms will cost a lot more to file under USCIS’s proposal. ABIL Invites Companies to […]
SECOND CIRCUIT PROVIDES MORE GROUNDS FOR NON-CITIZENS TO REOPEN AND RESCIND IN ABSENTIA REMOVAL ORDERS FOR LACK OF NOTICE
By Cristina M. Velez* A potential client tells you that he was ordered removed in absentia years ago, and that he failed to appear before the Immigration Court in New York because he never received notice of his hearing, although he claims to have provided his correct address. He tells you that the Immigration Judge […]
