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 […]
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 […]
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 […]
by Cyrus D. Mehta* With the euphoria of President Obama’s historic inauguration and his quick moves to bring about transparency and accountability in government, as well as due process by ordering the closing of Guantanamo and other secret CIA prisons overseas, it remains to be seen whether immigrants will get a boost or not with […]
by Cyrus D. Mehta* In recent times, attorneys who have been representing foreign physicians with an MBBS (Bachelor of Medicine and Bachelor of Surgery) degree have reported that the USCIS Nebraska Service Center (NSC) and Texas Service Centers (TSC) have rejected arguments that the MBBS qualifies as an advanced degree. Since the MBBS is normally […]
by Patricia S. Mann* Difficult as it is to imagine today, for most of the 19th Century, the U.S. had an essentially open-door immigration policy. Efforts to exclude particular categories of immigrants began in 1875 with new laws to provide for the exclusion of convicts and prostitutes. In 1882, we began our continuing history of […]
Headlines: 1. U.S. Chamber of Commerce Challenges Legality of E-Verify Requirement for Federal Contractors – The U.S. Chamber of Commerce filed a lawsuit against the DHS challenging the legality of requiring federal contractors to begin using E-Verify by January 15. 2. DHS Issues Interim Rule on I-9 Verification Documents – The interim rule, among other […]
by Adam Ketcher* Looking forward to FY2010, last week’s article (THE H-1B VISA PROGRAM – https://cyrusmehta.com/perseus/news.aspx?SubIdx=ocyrus20081219943) provided an update on the H-1B visa program for those who anticipate filing petitions for new H-1B employment in April. But what about those H-1B beneficiaries who were chosen in last year’s H-1B lottery and began their employment in […]
by Cyrus D. Mehta* (Updated 12/16/2008) On April 1, 2009, the U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions in advance of October 1, 2009, which is the date when H-1B visas under Fiscal Year 2010 become available. Since it is anticipated notwithstanding the economic downturn that there may be more petitions […]
by David A. Isaacson* On November 3, 2008, Vermont Service Center (“VSC”) Counsel Thomas F. McCarthy sent a letter to attorney Alan Lee indicating that the VSC will not follow the unpublished decision of the Board of Immigration Appeals in Maria T. Garcia, A# 79 001 587, interpreting the Child Status Protection Act (“CSPA”).1 That […]
