July 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 […]
SUPREME COURT DECIDES REQUESTS FOR VOLUNTARY DEPARTURE May BE WITHDRAWN AFTER THE FACTРBUT CAN VOLUNTARY DEPARTURE STILL BE STAYED?
By David A. Isaacson* On June 16, 2008, the United States Supreme Court decided in the case of Dada v. Mukasey, ___ S. Ct. ___, 2008 WL 2404066, that an alien who has been granted voluntary departure may withdraw this request prior to the conclusion of the voluntary departure period, rather than departing. This ruling […]
FURTHER AAO SUPPORT FOR THE RIGHT OF A CORPORATION TO PETITION FOR ITS OWNER FOR AN H-1B VISA
by Cora-Ann V. Pestaina* Although an owner of a sponsoring employer may be barred from obtaining a labor certification, nonprecedent decisions of the Administrative Appeals Office (AAO) have upheld the ability of a corporation to petition for its owner for an H-1B if the owner is qualified for the visa1 . In yet another non-precedent […]
INTERPLAY BETWEEN I-140 PREMIUM PROCESSING, AC21 AND RETROGRESSION
by Cyrus D. Mehta* For those who have been waiting endlessly for permanent residence as applicants for adjustment of status, three important announcements were made this week that could provide relief, but could also delay the coveted goal of obtaining a green card. First, the US Citizenship and Immigration Services (USCIS) announced in a June […]
NEW INTERPRETATIONS ON AC21
by Cyrus D. Mehta* The US Citizenship and Immigration Services (USCIS) issued an important Memorandum by Donald Neufeld (Neufeld Memo),1 dated May 30, 2008, providing guidance on various provisions of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21). AC21 allows beneficiaries of H-1B petitions to extend their H-1B status beyond the maximum […]
June 2008 Immigration Update
Headlines: 1. DHS Issues Supplemental Q&A on OPT Interim Rule for F-1 Students – Among other things, the supplemental Q&A discusses the e-mail notification process allowing an employer whose pending H-1B petition on behalf of an F-1 student was randomly selected to receive an H-1B visa number for FY 2009 to request change of status […]
