December 2008 Immigration Update

Headlines: 1. E-Verify Deadline Approaches for Federal Contractors – Federal contractors and subcontractors will be required to begin using the E-Verify online work authorization verification system starting January 15, 2009. 2. Canada Fast-Tracks Skilled Workers – Applicants who are not eligible for the federal skilled worker category may qualify under another category. 3. USCIS Revises […]

REFLECTING ON THE MUMBAI ATTACKS

By Cyrus D. Mehta* CDMA salutes and honors all of those who died in the senseless and wanton terrorist attacks in Mumbai last week. We also express our deepest sympathies to the family members and friends of the victims. CDMA has deep ties with the city of Mumbai (formerly Bombay). I was born and grew […]

OBAMA AND IMMIGRATION

by Cyrus D. Mehta* In addition to creating a new sense of hope after the election of Barack Obama, there is also hope for immigration reform under the new administration. There was a huge turnout in the Latino and new American vote in the 2008 presidential election. 66% of the Latino vote went for Obama, […]

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 […]

October 2008 Immigration Update

Headlines: 1. Employment Visa Categories Backlogged – Many employment category cut-off dates have been established for October. 2. DV-2010 Visa Lottery Entry Period Begins – The DV-2010 Lottery online entry period runs from noon EDT on October 2, 2008, to noon EST on December 1, 2008. 3. EAD Delays: What To Do? – The USCIS […]