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 […]