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 […]
HOW LONG CAN AN IMMIGRATION JUDGE CONTINUE A REMOVAL PROCEEDING FOR A LABOR CERTIFICATION TO GET APPROVED?
By Cyrus D. Mehta* When a noncitizen who is out of status by overstaying a visa or entering without inspection is placed in removal proceedings, at issue is whether an Immigration Judge (IJ) can grant adjournments until such time that he or she is eligible for adjustment of status through the approval of a visa […]
CONSEQUENCES OF AN UNTRUTHFUL DECLARATION ON FORM I-9
by Adam Ketcher* & Cyrus D. Mehta** Section 1 of Form I-9, Employment Eligibility Verification, warns new employees that the representations they make while completing the form carry the weight of declarations, and the law imposes penalties of civil fines and/or imprisonment upon the use of false statements and/or documents in completing Form I-9. For […]
STATUS THROUGH SELF-EMPLOYMENT
by Cyrus D. Mehta* While the economy has taken a nosedive resulting in the slashing of hundreds of thousands of jobs, and depriving foreign nationals of obtaining status through employment-based sponsorships, it is useful to analyze how foreign nationals may still gain status through self-employment. In its narrowest terms, self-employment involves someone working for himself […]
SEEING GREEN IN US IMMIGRATION POLICY
by Cyrus D. Mehta*
