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I received approval on a client's L1B specialized knowledge application in 8 days. It was premium processed with the Vermont Service Center. I have never had a problem with the VSC following through on the USCIS premium process promise to act on an application within 15 days. In fact, the VSC, in my experience , usually act in less than 10 days. Also, I just received approval on a regularly processed I-131 advance parole application in 24 days. Posted on July 29, 2009 at 08:24 pm

H-1B employers need to be aware that June 30, 2009 will be the last day that the Department of Labor's LCA Online system will be operational. As of July 1, 2009, all LCAs for H-1B and E-3 cases will need to be submitted through the iCERT portal and that means the end of instant LCA certifications. This has very important implications for the timing of H-1B and E-3 applications as they relate to new hires and extensions. Employers will need to allow for delays in LCA certifications of at least 7... Posted on June 30, 2009 at 08:21 pm

As I reported in an earlier blog posting, I represent Superman is Dead and I was successful in obtaining their P visas for Warped Tour '09. The Whittier Daily News reports here on their opening show on June 26. Posted on June 28, 2009 at 07:49 pm

Earlier this month, I visited Luray Caverns with my son. After passing by the kitsch of a huge parking lot, overly-touristy shops and people rushing to get a photo in front of the Luray Caverns sign, I experienced the most extensive and interesting cave network I have ever visited. One caving website says that some of the formations are partly human-made. In any event, it is a very interesting cave, right up there with the Narusawa Ice Cave, which was formed from lava from Mount Fuji, which I... Posted on November 21, 2009 at 09:00 pm

Regular Underdog readers know that I have posted several help wanted notices during the past few months. Some were an effort to replace my longtime full-time assistant due to his always-known plan to go to law school, where he currently is at. Today's ad for a full-time legal assistant is to add to my current staff of two excellent part-time assistants. I believe in showing my proper appreciation to those who send successful job candidates my way. I print our full help wanted ad here, because... Posted on November 19, 2009 at 09:00 pm

The martial art of t'ai chi, of course, is an essential part of my personal and professional life. It turns out that some lawyers brand themselves as martial arts lawyers. Practicing in the nearby city of Fairfax, David Kaufman runs the Karate Law blog. I look forward to meeting him sometime. David Nelmark of Des Moines presents the Mixed Martial Arts blog. In Kentucky is Carl Brown, who wrote The Law and Martial Arts. It appears that martial arts law practice areas include personal injury,... Posted on November 18, 2009 at 09:10 pm

Lou Dobbs said on Thursday he is considering career options including possible runs for the White House or U.S. Senate. Dobbs has drawn fire from Latino leaders and civil rights groups for frequent on-air remarks about U.S. border control and immigration that critics saw as demonizing illegal immigrants. I personally feel that even considering him for public office will be an insult to the American Public. Let's hope that his plans will remain a far away fiction. Read the Reuters article... Posted on November 20, 2009 at 01:33 pm by Jacob Sapochnick

As our economy is heading towards recovery, we must recognize the role of small businesses and Entrepreneurs in taking the lead and keeping us optimistic. Investments in small businesses are especially significant to the national interest of the United States. The Small Business Administration (SBA) estimates that 99 percent of the firms in the United States are small businesses, and small firms have generated 60 to 80 percent of the net new jobs annually over the past decade. Perry Marshall,... Posted on November 18, 2009 at 09:09 am by Jacob Sapochnick

The most recent update from the USCIS is showing again a steady approval rate. The jump we saw in October was just due to a more current update of the approval, nit an increase in filing according to the USCIS. If this pace will continue we will see visas all through early 2010, but I may be wrong here... Ao here is is the update from USCIS: As of November 6, 2009, approximately 54,700 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with... Posted on November 17, 2009 at 01:27 pm by Jacob Sapochnick

"Giuliani accused Romney of having a "sanctuary mansion" by employing illegal immigrants as lawn workers and of being "holier than thou" on the issue. Romney accused Giuliani of ignoring the laws and of welcoming illegal immigrants to New York. "That's the wrong attitude," Romney charged in a lengthy, heated exchange." In Debate, Romney and Giuliani Clash on Immigration Issues - The Washington Post Posted on November 29, 2007 at 12:16 am by David Carson

The Visa Bulletin December 2007 has been released. Posted on November 20, 2007 at 04:06 pm by David Carson

The November 2007 Visa Bulletin has been released. Posted on October 22, 2007 at 06:57 pm by David Carson

From the Asian Law Caucus: Groups Say Reps. Undermine Political Participation & Support a Backlash Against Muslims SAN FRANCISCO - Over 20 national and local civil liberties organizations issued a rousing call today to four U.S. Representatives, Rep. Myrick (R-N.C.),... Posted on November 20, 2009 at 04:07 pm by immigrationprof

Here is a new article from the Social Science Research Network (www.ssrn.com). In my opinion, Professor Fulllerton's work is always worth reading: "A Tale of Two Decades: War Refugees and Asylum Policy in the European Union" Brooklyn Law School, Legal... Posted on November 20, 2009 at 03:18 pm by immigrationprof

Jonathan Allen at Politico.com has a tsory about how Latino politicians, including Luis Gutierrez (D-IL), blame White House Chief of Staff Rahm Emanuel for the exclusion of undocumented immigranst from health care refiorm. KJ Posted on November 20, 2009 at 07:45 am by immigrationprof

Dear Readers, I'm disappointed in Obama; as an independent (for years now), I, like many others, voted for him in the hope that he would be something different. Who else was there anyway? McCain was not himself, clearly older, senility had set in, nor the wiser - and then the choice of Sarah Palin. But Obama clearly turned out not to be the statesman, nor the leader, that I think I, and the country, had been looking for. Of course, Obama turned out to be a&#xe2€&#xa6. politician. An elegant and smart... Posted on October 2, 2009 at 02:43 am by Paul M. Heller, Esq.

Today I floated a new website (http://hilglaw.com) and would like readers to visit it and tell me what they think; I was going for 'simple' as well as informative. site was designed by very good guy i found Los Angeles web design I'd also like to know if I should add my 66 articles on this blog (the older ones are purely immigration law related articles and can be quite interesting and informative to read). These older 'blogs' were specifically written not to be a "how to" but to give non... Posted on June 6, 2009 at 09:54 am by Paul M. Heller, Esq.

Over the past several weeks, I've had the chance to speak, more than once, with USCIS headquarters in Washington, DC (and to those running the Agency). I've also spoken, off the record, with the Judiciary Committee - which is responsible for any upcoming immigration legislation or reform. Generally, these conversations, which are highly personal, often lead to us speaking about immigration philosophy, but also about very specific serious, endemic or systemic problems that have yet to be... Posted on May 13, 2009 at 08:49 am by Paul M. Heller, Esq.

On November 12, 2009, U.S. Customs and Border Protection (CBP) launched a 30 day pilot program to test the entry process for travelers under the Visa Waiver Program (VWP) from Auckland, New Zealand to Los Angeles International Airport. The program automates the arrival/departure of travelers with an approved Electronic System for Travel Authorization (ESTA) for travelers on Air New Zealand Flight 6. Travelers on this flight will not need to fill out the paper I-94W. The VWP allows nationals... Posted on November 18, 2009 at 10:28 am

"If we are truly going to fix a broken system, Congress will have to act" The following is a statement from Lynn Tramonte, Deputy Director of America's Voice: We have entered a new chapter and a new phase in the immigration debate. Secretary Napolitano today laid out the framework for fixing the broken immigration system, and the solution is comprehensive immigration reform. Drawing on her years of experience on the southwest border, and her new role as the nation's top homeland security... Posted on November 13, 2009 at 01:52 pm

Individuals unable to provide documentation to prove a biological relationship may prove the biological relationship through DNA testing. The DNA testing is the only acceptable non-documentary method, and only if no other credible proof of the relationship exists. Thus, all other methods for confirming a biological relationship must be exhausted, and a consular officer will recommend DNA testing only as the last resort. Once the consular officer recommends the DNA testing, a lab technician... Posted on November 11, 2009 at 03:52 am

We would like to remind our clients and readers that the Department of State DV-2011 Diversity Visa (a.k.a. "green card") lottery is currently open but is scheduled to close at noon, Eastern Standard Time (EST) (GMT-5), on Monday, November 30, 2009. If you are planning to submit a DV-2011 entry, please do so well before the deadline because the website may become overloaded as the deadline approaches and some applicants may not be able to submit their entry in a timely manner. More information... Posted on November 20, 2009 at 07:23 am by admin

A recent report by Open Doors, a member of the Institute of International Education provides some numbers and statistics about the foreign students currently in the U.S. According to the report, there are more than 670,000 foreign students in the U.S. - an increase of about 8% over the past academic year. This rate of growth has not been seen since 1980s. Distribution by Country According to the report, [There were] increases in foreign student enrollments from seven of the ten leading places... Posted on November 19, 2009 at 09:16 am by admin

USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1. As of November 13, 2009, USCIS has received approximately 55,600 H-1B petitions counting toward the 65,000 cap (an increase of 900 in a week). USCIS will continue to accept petitions subject to the general cap. U.S. Masters Degrees Quota Reached USCIS has received sufficient number of petitions for aliens with advanced degrees and as a result, USCIS has announced that the master's cap for FY2010 has been... Posted on November 19, 2009 at 08:51 am by admin

Rodrigues v. Holder No. 09-4077 November 13, 2009 Not Precedential http://www.ca3.uscourts.gov/opinarch/094077np.pdf Judges Sloviter, Fuentes, and Nygaard. Per Curiam. Overturning the BIA in a case originally heard by IJ Walter Durling. The BIA erred by ruling that a notice of appeal to the BIA was untimely filed. The BIA ignored how the date stamp on the notice of appeal indicates that ICE counsel received it two days before the deadline. The decision does not explain much more of what... Posted on November 21, 2009 at 06:00 am

Sharif v. Holder No. 08-4432 November 13, 2009 Not Precedential http://www.ca3.uscourts.gov/opinarch/084432np.pdf Judges Barry, Stapleton, and Nygaard. Per Curiam. Overturning the BIA in a case originally heard by IJ Daniel A. Meisner. The Third Circuit held that the BIA erred in denying a motion to reopen without providing any coherent explanation for its decision. After losing a case with IJ Meisner and the BIA, Mr. Sharif filed a motion to reopen with the BIA arguing that conditions in his... Posted on November 20, 2009 at 06:00 am

Tejwani v. Holder Not Precedential http://www.ca3.uscourts.gov/opinarch/071828np.pdf October 22, 2009 Judges Fuentes and Fisher with District Judge Padova. Opinion by Judge Fuentes. For Mr. Tejwani, Thomas E. Moseley (argued) of Newark, NJ. For the government, Timothy B. Stanton (argued), Leah V. Durant, Susan K. Houser, and Jeffrey L. Menkin of OIL of the Justice Department. Overturning the BIA's precedential decision. The Third Circuit overturned the BIA's precedential decision about crimes... Posted on October 23, 2009 at 05:00 am

On our hundred and sixth program, Attorneys David J. Hart and Andrea Olivos-Kah speak with Attorney Abraham Cardenas who specializes in removal (i.e., deportation) and waivers. Our guest discusses requirements for obtaining waivers and also updates on ICE (Immigration and Customs Enforcement) issues. Posted on October 26, 2007 at 06:00 am

On our hundred and fifth program, Attorneys David J. Hart and Andrea Olivos-Kah discuss the special status of Canadian nationals (i.e., citizens of Canada). David and Andrea discuss visa exemption status of Canadian nonimmigrants as well as port of entry processing of nonimmigrant classifications under NAFTA, and offer some practical tips. Posted on October 19, 2007 at 06:00 am

On our hundred and fourth program, Attorneys David J. Hart and Andrea Olivos-Kah discuss recent ICE (Immigration and Customs Enforcement Agency) raids, both individual and worksite raids, in the news. They also provide some advice for employers and for individuals. Posted on October 5, 2007 at 06:00 am

The USCIS made an announcement this past week on their website to the effect that only the most recent edition of the Petition for Alien Fiancee (the 07/30/07 edition) could be used for newly filed petitions. This announcement sent something of a shock wave to the many petitioners who had used, and relied upon, the November 2006 form for the I-129(f). It can really help to have an AILA attorney representing you in your fiancee visa petition process. Would a "document service" or non-attorney... Posted on July 31, 2007 at 06:07 pm by Michael Roe

Having an attorney represent you in your fiancee visa petition can provide many possible upsides, including the fact that lawyers who are members of AILA stay up to the minute current on new developments in the law concerning the fiancee visa. How many visa "mills" and unlicensed "providers" know about critical new changes in the law, or even the upcoming (July 30) address changes for direct filing of fiancee visa petitions? Beginning on or after August 29, 2007, USCIS will reject any of the... Posted on July 11, 2007 at 06:04 pm by Michael Roe

It is always a good feeling when I submit my Notice to Kyiv or Moscow of my appearance, representing my client in their fiancee visa case. It's the first act in the process of filing the petition for the fiancee visa, letting the consular division know that I will be appearing for the petitioner, and: &#xd0&#x9f&#xd0&#xbe&#xd0&#xbc&#xd0&#xbe&#xd1&#x89&#xd1&#x8c &#xd0&#xb4&#xd0&#xbb&#xd1 &#xd0&#xb2&#xd0&#xb0&#xd1ˆ&#xd0&#xb5&#xd0&#xb9 &#xd0&#xb2&#xd0&#xbe&#xd0&#xb7&#xd0&#xbb&#xd1Ž&#xd0&#xb1&#xd0&#xbb&#xd0&#xb5&#xd0&#xbd&#xd0&#xbd&#xd0&#xbe&#xd0&#xb9 ! The form is described by USCIS below: Form G-28, Notice of Entry of Appearance as Attorney or Representative Purpose of Form: This form is... Posted on June 12, 2007 at 09:25 pm by Michael Roe

Following on from my earlier post: My next experiment with self-archiving was with the Social Science Research Network (SSRN). This service was established to promote the rapid dissemination of research findings via abstracts and full-text papers. It was recently ranked number one by the "Ranking Web of World Repositories." I post a number of links to SSRN papers on this blog, particularly Posted on November 20, 2009 at 03:15 am by EEM

European Migration and Asylum Policies: Coherence or Contradiction? - An Interdisciplinary Evaluation of the EU Summits of Tampere (1999), The Hague (2004) and Stockholm (2009), Scribani International Conference 2010, Madrid, 8-10 September 2010 [info]- Applications and paper proposals due 1 December 2009.Immigrant Legal Resource Center Webinar Trainings [info]- On offer are "Asylum and 'Material Posted on November 19, 2009 at 11:15 pm by EEM

Advancing a Gendered Interpretation of the Refugee Convention: Refugee Appeal No. 76044 (New Zealand Refugee Law, Sept. 2009) [text]The Common European Asylum System with particular reference to the Qualification Directive (2004/83/EC) (QD) and the Procedures Directive (2005/85/EC) (PD) (IARLJ, Oct. 2009) [text]Permanent Residency for Human Trafficking Victims in Europe: The Potential Use of Posted on November 19, 2009 at 05:20 am by EEM

Todos queremos ser saludables y tener una vida larga. Parece que cada d&#xc3&#xada estamos bombardeados por todos lados con mensajes de c&#xc3&#xb3mo mantenernos saludables. Los expertos recomiendan hacer ejercicio f&#xc3&#xadsico, comer una dieta baja en grasa, no fumar, tomar alcohol en moderaci&#xc3&#xb3n. En los casos de inmigraci&#xc3&#xb3n, tambi&#xc3&#xa9n hay ciertos requisitos que se aplican a tu [...] Posted on April 16, 2008 at 01:38 pm by migrations

Ya est&#xc3&#xa1bamos contando nuestras bendiciones, como dicen, cuando muchas personas se estaban haciendo ciudadanos estadounidenses en menos de cuatro meses. Antes de julio del a&#xc3&#xb1o pasado, el departamento de Ciudadan&#xc3&#xada y Servicio de Migratorios (USCIS, por sus siglas en ingl&#xc3&#xa1s) estaba tomando menos de cinco meses para procesar los casos de ciudadan&#xc3&#xada.&#xc2&#xbfY luego qu&#xc3&#xa9 pas&#xc3&#xb3? Millones [...] Posted on January 31, 2008 at 12:43 pm by migrations

En 1994, M&#xc3&#xa9xico, los Estados Unidos y Canad&#xc3&#xa1 entraron a una nueva era cuando firmaron el Tratado de Libre Comercio de Am&#xc3&#xa9rica del Norte (TLC). Mucho se ha dicho acerca de las virtudes del pacto y las consecuencias positivas y negativas que ha tra&#xc3&#xaddo a los Estados Unidos y a M&#xc3&#xa9xico.Adem&#xc3&#xa1s de establecer un conjunto [...] Posted on November 5, 2007 at 09:16 am by migrations

Tonight the US Senate will be voting to debate the controversial Health Care Reform bill. This is another step toward passage of an overhaul of the nation's health insurance system. Just weeks ago, critics contended that it was next to impossible for this to occur. Meanwhile, on the immigration front, advocates and some members of congress are hard at work holding meetings and moving forward with plans for comprehensive immigration reform. USCIS is preparing for millions of additional... Posted on November 21, 2009 at 05:08 pm by Bradley Maged

It seems that my most popular blog entries seems to be the anecdotal and rarely official information relating to the DOL's PERM program and in particular the time lines for the agency to adjudicate applications. Below is the latest I have found. 1. New PERM ETA 9089 Form and system expected to be launched on July 1, 2010; 2. The percentage of employer applications for permanent labor certification resolved within six months of initial filing is 17% for the quarter ending 6/30/09 as compared... Posted on November 20, 2009 at 11:32 am by Bradley Maged

According to an article on computerworld.com: "U.S. immigration officials are taking H-1B enforcement from the desk to the field with a plan to conduct 25,000 on-site inspections of companies hiring foreign workers over this fiscal year." Inspections are conducted by contractors who may ask to: tour the business, view employee documentation, ask questions of the H-1B petition signatory and/or the beneficiary. The government is of the opinion that they are entitled to conduct these inspections... Posted on November 19, 2009 at 06:33 pm by Bradley Maged

Hi, I have a valid Canadian PR card and lived in Canada for quite a while. But unfortunately I have to go outside of Canada for more than 6 months to help my sick grandfather. I heard somewhere that I won't be allowed back into the country if I am not physically in Canada for more [...] Posted on November 20, 2009 at 04:25 pm by Michael Niren

Hi Fadi I would like to thank you for your excellent US Immigration court representation and the results you obtained. I am very pleased with your counsel at the hearing and I do recommend you as a very competent lawyer. I will be leaving for Florida this Sunday morning, Nov. 22, 2009. I will be in touch to let [...] Posted on November 20, 2009 at 06:07 am by Michael Niren

A landmark ruling by the Ontario Court of Appeal held that Immigrant Sponsors are not automatically required to pay back immigrant debt of the relatives they sponsored despite having signed a Sponsorship Agreement. Rather the Province now has to proceed with the debt collection of Sponsors in the same manner, with the same measure of [...] Posted on November 18, 2009 at 04:43 am by Michael Niren

On November 19, 2009, U.S. Immigration and Customs Enforcement (ICE) announced it would serve 1,000 Notices of Inspection on U.S. employers whose business activities affect "critical infrastructure" (i.e., public safety and national security). ICE agents will review I-9 forms, which all U.S. employers must use to verify employees' identity and U.S. work authorization. Also on November 19, at a public program for employers, Ronald Atkinson, Chief of Staff for the Fraud Detection and National... Posted on November 20, 2009 at 09:29 am

As of December 14, 2009, foreign nationals who apply for immigrant visas or adjustment of status are no longer required to receive the Human Papillomavirus (HPV) vaccination. CDC will continue to require vaccination for mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, Haemophilus influenzae type B, and hepatitis B. Others will be required only if a public health need exists at the time, and the vaccine is (a) age-appropriate and recommended by the Advisory Committee on... Posted on November 13, 2009 at 09:07 am

On November 2, 2009, the Centers for Disease Control of the U.S. Department of Health and Human Services issued a final rule removing HIV infection from the list of "communicable diseases of public health significance," effective January 4, 2010. The rule means that HIV-positive foreign nationals will no longer be inadmissible to the United States or require waivers in order to be approved for nonimmigrant or immigrant visas. It also means HIV testing will no longer be part of immigration... Posted on November 3, 2009 at 10:47 am

The New York Times is reporting that the ICE are about to audit 1,000 companies for illegal workers. "An audit consists of ICE officials checking each worker's Employee Eligibility Verification Form, known as an I-9, to determine what steps were taken to confirm the person was eligible to be hired. If irregularities are found, the companies may then be fined for lax monitoring. The strategy is part of the Obama administration's effort to reduce illegal immigration by forcing companies to fire... Posted on November 20, 2009 at 07:52 am by elianaphelps

The Green Card lottery registration is happening now for 2011! For those that are interested in participating in the DV-2011 Diversity Visa lottery, online registration is taking place October 2, 2009 (at noon, Eastern Standard Time) until Monday, November 30, 2009 (noon, EST). If you are interested in applying for the 2011 Green Card lottery, applicants must use Form DS-5501, which is an Electronic Diversity Visa Entry Form, available online only during this registration period. As with all... Posted on November 1, 2009 at 10:01 am by lauraj

What is a U visa? A lesser known visa, the U non-immigrant visa, was established for illegal immigrants who are victims of crimes. While living illegally here in the U.S., these victims must have endured mental or physical abuse and be willing to help law enforcement and government officials investigate and prosecute the abuser. The U non-immigrant visa was established in 2000 but put on hold until 2007. It was created to persuade illegal immigrants living in the U.S. to report violent crimes.... Posted on September 29, 2009 at 12:06 pm by lauraj

U.S. Immigration and Customs Enforcement (ICE) launched a bold new audit initiative this year to combat the problem of hiring of an illegal workforce. On July 1, 2009, 654 businesses nationwide were served with Notice of Inspections (NOIs) indicating that ICE would inspect their hiring records (Form I-9) to determine whether they were in accordance with the employment eligibility verification laws and regulations. The businesses presented with the NOIs to Audit Form I-9 were selected as a... Posted on November 20, 2009 at 05:00 am

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap. As of November 13, 2009, 55,600 H-1B cap subject nonimmigrant visa petitions have been filed with the USCIS. The Service has advised that they will continue to accept petitions until the cap is reached. Additionally, the Service has reported that they received 20,000 advanced degree H-1B petitions. Although the limit on advanced degree petitions is... Posted on November 19, 2009 at 11:30 am

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on November 16, 2009 with processing dates as of September 30, 2009. If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case. California Service Center National Benefits Center Nebraska Service Center Texas Service Center Vermont Service Center If your petition is out-side of... Posted on November 18, 2009 at 09:10 am

I have blogged before about the current administration's increased enforcement of immigration laws at worksites. The Department of Homeland Security (DHS) announced yesterday that it had issued NOIs (Notices of Inspection) to another 1,000 employers nationwide. View the press release here. The audits involve a detailed analysis of the employers' Forms I-9. This form should be completed for every employee on hiring, and it verifies the employee's identity and work authorization. The press... Posted on November 20, 2009 at 03:13 am by Elaine Martin

USCIS has updated the H-1B cap count. As of November 6, 2009, CIS has received approximately 54,700 cases against the regular (non-Master's) H-1B cap. For more information, see the previous blog posts here. Posted on November 17, 2009 at 07:53 am by Elaine Martin

The US Department of State has released the new Visa Bulletin for December 2009. In family-based categories, there is very slight movement forward, but just by a few weeks or months in most categories. Employment-based categories remain "Current" for all 1st preference applicants, and for 2nd preference from Mexico, Philippines, and countries other than India and China. 3rd preference and other categories are mostly unchanged from the November and October bulletins. The only changes are that... Posted on November 16, 2009 at 04:24 am by Elaine Martin

In an April 12, 2007, AILA Liaison Committee meeting, representatives from the Nebraska Service Center discussed various ways in which the holder of a three-year Indian baccalaureate degree could qualify for the EB-2 category. See NSC Q&As on Business Issues here Posted on November 19, 2009 at 12:34 am by leXpeak - Author

A former high-ranking USCIS officer, Mr. Hernandez has opinedthat "it is not the intent of the regulations that only a single-source foreign degree may satisfy the equivalent requirement." But his position on this issue has largely been ignored by the Service Centers. See Exchange of Letters between Efren Hernandez III, Director, Business and Trade Services, INS Office of Adjudications, and Aaron Finkelstein, HQ Doc. No. 70/6.2.8 (Jan. 7, 2003), online here Posted on November 18, 2009 at 11:43 pm by leXpeak - Author

This is a wonderful decision from Administrative Appeals Office (AAO) especially for IT Consulting and Solutions Companies which says that While adjudicating a second preference employment based immigrant application seeking to permanently employ the advanced degree professional as a senior programmer/analyst, the AAO held that a "Computer Software Engineer" requires at least a bachelor's degree, but that a degree in a specific field is not necessary according to the Occupational Outlook... Posted on November 5, 2009 at 12:31 am by leXpeak - Author

Today, in an interview with Fox News in Beijing, President Obama warned that "the US economy could head into a 'double-dip recession' unless urgent steps were taken to rein back America's mounting level of public debt," reported the Financial Times. Speculation about a double dipping, also known as W shape economy, has been on going among academics ever since the US economy showed signs of recovery. I have long been argued that there will be a U shape recovery- a sluggish recovery but not... Posted on November 18, 2009 at 11:57 am by Christine Ngo

The European Union last week produced an official notice derived from its year-long investigation on human right violation in Sri Lanka. Here are the Commission's final report, and the independent expert's report. Given the Commission's conclusion that Sri Lankan government breached its human rights commitments during it 25-year civil war with the Tamil Tiger, the country is set to loose its trade concessions, known as GSP Plus, to the European Union, a sanction which will cost the country more... Posted on October 26, 2009 at 07:40 pm by Christine Ngo

It's all over the news, and I should not be caught by surprise. Yet here I am becoming very disturbed by the loopholes in our financial institutions, which gave rise to an unprecedented amount of white collar crime - from Bernard Madoff to Raj Rajaratnam. Wall Street this week has seen the biggest insider trading charges in its history, charges alleging the involvement of various ratings firms, consultancies and half a dozen US public companies including IBM, Intel and two top hedge fund... Posted on October 21, 2009 at 12:07 pm by Christine Ngo

My official source for news, TMZ, is reporting that Balloon Boy's mom, Mayumi, is not a U.S. citizen, and could possibly face deportation depending on the crime she is eventually convicted of. Mayumi's attorney purportedly explained that she is a "Japanese citizen" and could force deportation if convicted of a felony or "certain misdemeanor." What is not clear from the blurb is whether Mayumi has any status at all, though it appears that she may be a lawful permanent resident (LPR). If she is... Posted on November 12, 2009 at 03:35 pm by Dustin Baxter

Citizens of Gwinnett County (with skin that is not white)&#xe2€&#xa6brace yourself for a barrage of racial profiling at its best. Prepare to be pulled over for trumped up traffic violations so under-trained police officers can inquire into your immigration status in an attempt to bring another prized "illegal" back to the station so that the County can receive federal money for housing them. Prepare to be questioned regarding your immigration status if you call the police for help after having been the... Posted on November 12, 2009 at 03:33 pm by Dustin Baxter

This last weekend, for the first time since 1982, an AMERICAN won the NYC Marathon. As someone who has run several marathons and who would have been lapped by this winner, I greatly admire these fleet footed men and women. Why is this an immigration issue? Well, it turns out a commentator on CNBC by the name of Darren Rovell thinks there are different kinds of "Americans." In this case, Meg Keflezighi, an American ,who immigrated to the United States when he was 12 as a refugee, proudly wore... Posted on November 4, 2009 at 10:53 am by Charles Kuck

More than seven months after Silicon Valley companies could first submit new H-1B applications, several thousand slots remain open. Earlier this week the USCIS reported that approximately 52,800 H-1B cap-subject petitions, and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. The annual cap for H-1B's is 65,000, plus an additional 20,000 for workers with a Master's degree or higher from a U.S. institution. This is the lowest number since 2003. The... Posted on November 7, 2009 at 04:55 pm by Michelle Gee

Former Secretary of State and advisor to two presidents, Condoleezza Rice, addressed the San Jose Silicon Valley Chamber of Commerce earlier this week at their annual fundraiser. She warned about the need for immigration reform, explaining "The United States of America had better reform its immigration policy to make sure that the most ambitious people in the world still want to be a part of us. We are a society of immigrants, and if we ever think that we can close our doors, we will suffer the... Posted on November 6, 2009 at 01:08 pm by Michelle Gee

Former Palo Alto resident Yong Li is apparently similar to many Chinese-born immigrants leaving Silicon Valley to return to China. This weekend's San Jose Mercury News highlighted his situation in an article titled "Silicon Valley Brain Drain: Immigrant Chinese Return to Homeland to Pursue Entrepreneurial Dreams". Mr. Li left his family in Palo Alto to start up a pharmaceutical company in Tianjin, China, with the financial backing of the Chinese government. He is representative of a wave of... Posted on October 26, 2009 at 11:20 am by Michelle Gee

Foreign physicians who received medical training in J-1 program must either return to their country or obtain a waiver before they can apply for an immigration visa, or change to almost any other nonimmigrant status. A J-1 waiver can be granted when the physician commits to practice medicine in an underserved area of the United States for at least three years. An area that is designated as Health Professional Shortage Area, Medically Underserved Area/Population or a VA facility normally qualify... Posted on November 6, 2009 at 02:35 am by Xiaojuan "Carrie" Huang

The EB-5 Immigrant Investors Program is recently extended to September 30, 2012. The statutory requiments of the EB-5 visa are burdensom. Approximately only about 1,000 people a year have immigrated in this category -- just one-tenth of the visa available. For the regular program, the enterprise must (1) be one in which the person has invested at least $1 million (or at least $500,000 if investing in a targeted employment area), (2) benefit the U.S. economy and (3) create full-time employment... Posted on November 3, 2009 at 03:15 am by Xiaojuan "Carrie" Huang

B-1 visa is for the visitor who has an unabandoned foreign residence, intends to visit only temporarily and intends to engage only in permitted business activities. B-1 business visitor may be admitted for the purpose of enaging in business but not for the purpose of local employment or labor for hire. in distinguishing, the determination would be whether the principal place of business and actual accrual of profits are in the foreign country. Permitted business activities may include Engaging... Posted on November 3, 2009 at 03:03 am by Xiaojuan "Carrie" Huang

On 10/28/09, President Obama signed into law the FY10 Department of Homeland Security Appropriations bill (P.L.111-83). The law extends the non-minister religious worker (section 568), the "Conrad 30" (section 568), the EB-5 visa (section 548), and the E-Verify (section 547) programs through September 30, 2012. The law also includes statutory authority for USCIS to complete processing of permanent residence applications for surviving spouses and other relatives of immigration sponsors who die... Posted on November 3, 2009 at 05:29 am by Charles Miller

by Charles M. Miller The Department of Homeland Security has rescinded its 2007 No-Match regulation (72 Fed. Reg. 45611&#xe2€&#xa245624 (Aug. 15, 2007)), leaving U.S. employers wondering if the Social Security Administration has plans to resume no-match letters, and if so, what steps to take to protect their companies from DHS charges of constructive knowledge IRCA violations. The no-match regulation had changed the legal obligations of an employer when receiving a no-match letter from the SSA or a... Posted on October 19, 2009 at 09:10 am by Charles Miller

The EEOC has recently announced 4 new national origin-related lawsuits against employers: EEOC Files Class National Origin Harassment Suit Against Hilton Hotel in Chicago Suburb (September 28, 2009) The Redwoods in Yosemite Sued by EEOC for Unlawful Treatment of Hispanic Employees (September 25, 2009) Immokalee Packing Companies Sued by EEOC for Discriminating Against Haitians (September 25, 2009) Knouse Foods Sued by EEOC for Sexual and National Origin Harassment and Retaliation (September 22,... Posted on September 29, 2009 at 07:05 am by Charles Miller

As an immigration attorney, my goal is to help people get green cards and U.S. citizenship. One of the most important privileges that you gain with US citizenship is the right to file an immigration petition (Form I-130) for your mother and father. But before helping your parents get green cards, you need to think through this decision and weigh your immigration options carefully. How to lose your green card status Before you help your parents get green cards, keep in mind that when someone... Posted on October 28, 2009 at 02:13 pm by Joshua L. Goldstein, Immigration Lawyer Boston

In years past, the problem with H-1B visas was scarcity--too many visa applicants going after too few H-1B visas. Congress capped the annual number of available H-1B visas at 65,000. Although exceptions to the H-1B cap exist, this general restriction had a devastating effect on companies that depend on recruiting talented, educated foreign professionals with advanced degrees. With the H-1B visa limits in mind, during immigration consultations in my Boston office, I'd typically advise... Posted on July 9, 2009 at 04:01 pm by Joshua L. Goldstein, Immigration Lawyer Boston

These days, it is not easy to get a job or housing benefits. And it is even tougher if you have a criminal record. To make things easier, criminal lawyers often recommend having your criminal record expunged or sealed. This can be great advice for people seeking work or housing benefits as you will effectively have no criminal record once your criminal record is expunged or sealed. Your Massachusetts CORI criminal history report will show "no adult criminal record," and you can honestly say you... Posted on July 7, 2009 at 11:00 am by Joshua L. Goldstein, Immigration Lawyer Boston

Some real movement in the family categories, but a few of the employment categories are still somewhat backlogged. From the Department of State's website. Posted on October 11, 2009 at 05:10 pm by Joshua Paulin

Employment based third preference is open again, though the priority dates are not yet current&#xe2€&#xa6 From the Department of State's website. Posted on September 11, 2009 at 02:32 pm by Joshua Paulin

Por esses dias o presidente Obama disse que n&#xc3&#xa3o podemos esperar uma reforma da lei migrat&#xc3&#xb3ria at&#xc3&#xa9 2010. Isto gerou desespero e des&#xc3&#xa2nimo na comunidade imigrante, j&#xc3&#xa1 que todos t&#xc3&#xaam esperado uma mudan&#xc3&#xa7a na lei desde a &#xc3&#xbaltima legaliza&#xc3&#xa7&#xc3&#xa3o j&#xc3&#xa1 h&#xc3&#xa1 mais de 8 anos. O que torna esta situa&#xc3&#xa7&#xc3&#xa3o particularmente dif&#xc3&#xadcil de aceitar &#xc3&#xa9 que Obama ganhou a elei&#xc3&#xa7&#xc3&#xa3o presidencial em parte porque prometeu, dentre outras coisas, um caminho para a legaliza&#xc3&#xa7&#xc3&#xa3o dos milh&#xc3&#xb5es de pessoas indocumentadas.... Posted on September 8, 2009 at 07:43 pm by Joshua Paulin

El Salvador, Honduras y Nicaragua son los &#xc3&#xbanicos pa&#xc3&#xadses designados como beneficiarios de TPS actualmente. El TPS, entre otras, le permite trabajar legalmente en los Estados Unidos y le protege de ser deportado(a). Sin embargo, al tener dos delitos menores ("misdemeanors"), usted puede perder el derecho al TPS. Seg&#xc3&#xban las reglas y estatutos, no [...] Posted on October 7, 2009 at 01:48 pm by Tamara Caban-Ramirez, Esq.

Desafortunadamente, los residentes permanentes de los Estados Unidos no disfrutan de las mismas protecciones o derechos que sus ciudadanos. Estas son algunas de las razones por las que debe considerar la ciudadan&#xc3&#xada: Proteger su estatus en el pa&#xc3&#xads - Los residentes permanentes corren el riesgo de perder la residencia si se ausentan de los Estados [...] Posted on July 14, 2009 at 11:09 am by Tamara Caban-Ramirez, Esq.

La visa U est&#xc3&#xa1 disponibles a inmigrantes quienes han sufrido gran abuso f&#xc3&#xadsico o mental a ra&#xc3&#xadz de actividad criminal; y han ayudado, est&#xc3&#xa1n actualmente ayudando o ayudar&#xc3&#xa1n con la investigaci&#xc3&#xb3n del crimen o con la fiscal&#xc3&#xada. &#xc3&#x89sta visa le permite obtener permiso de trabajo y estatus legal en los Estados Unidos a aquellos que cualifiquen. [...] Posted on June 16, 2009 at 01:12 pm by Tamara Caban-Ramirez, Esq.

The jobless rate reached 9.8 percent in September and the average hourly work week fell to 33. This is obviously a problem, since consumer spending accounts for about 70 percent of the economy and people who are out of work, or who have had their hours reduced, tend not to shop as much, for some reason. At the same time, the Obama administration, using new programs such as eVerify and iCERT, and by imposing more restrictive employment eligibility verification requirements, is both forcing U.S.... Posted on October 2, 2009 at 01:43 am by Franklin W. Nelson

USCIS announced today that, as of September 25, 2009, only 46,700 cap-subject H-1B numbers have been used from the fiscal 2010 allotment of 65,000. This means approximately 18,300 numbers remain available. USCIS' fiscal year runs from October 1st to September 30th, so fiscal 2010 starts today (Happy New (fiscal) Year!). This means, among other things, that people holding fiscal 2010 H-1B approvals are probably starting work today. Those still waiting for fiscal 2010 approvals can't start work... Posted on October 1, 2009 at 01:52 am by Franklin W. Nelson

New York Attorney General Andrew M. Cuomo has announced his office is issuing more than 30 additional subpoenas as part of the States expanding investigation into immigration fraud. You can read the press release here. Illegal and unscrupulous practices by non-lawyers such as "Notarios" and "Immigration Consultants" have been a huge problem in the immigration community for years throughout the U.S., not just in New York. Posted on September 30, 2009 at 02:16 am by Franklin W. Nelson

Siskind Susser Immigration Lawyers attorneys Mikiel Davids and Karen Weinstock of the Atlanta office recently won a landmark case in the U.S. District Court in the Northern District of Georgia against the U.S. Department of Labor. The court ordered DOL to immediately decide a pending PERM application (foreign labor certification) after finding the agency had unreasonably delayed in doing so. Our Posted on August 3, 2009 at 04:05 am by Greg Siskind

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/**/ Availability of immigrant numbers during March. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. FAMILY-BASED Family Based All chargeability Areas Except Those Listed CHINA -mainland born INDIA MEXICO PHILIPPINES 1st 22JUL02 22JUL02 108JUL02 08OCT92 15JUL93 2A 01JUN04 01JUN04 01JUN04 15OCT01 01JUL04 2B 22JUN00 22JUN00 08MAY00 01MAY92 01DEC97 3rd 08AUG00 08AUG00 01AUG00 15OCT92 08JUN91 4th 01MAR98 15NOV97 15JAN98 08APR95 15MAY86... Posted on February 16, 2009 at 08:23 am by Meetesh Patel

/**/ VISA BULLETIN FOR FEBRUARY 2009 Availability of immigrant numbers during February. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. FAMILY-BASED Family Based All chargeability Areas Except Those Listed CHINA -mainland born INDIA MEXICO PHILIPPINES 1st 08JUL02 08JUL02 108JUL02 08OCT92 15JUL93 2A 01JUN04 01JUN04 01JUN04 22SEP01 01JUN04 2B 08MAY00 08MAY00 08MAY00 01MAY92 15OCT97 3rd 01AUG00 01AUG00 01AUG00 08OCT92 01JUN91 4th 15FEB98 22DEP97... Posted on January 15, 2009 at 07:31 am by Meetesh Patel

/**/ Availability of immigrant numbers during January. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. FAMILY-BASED Family Based All chargeability Areas Except Those Listed CHINA -mainland born INDIA MEXICO PHILIPPINES 1st 15JUN02 15JUN02 15JUN02 01OCT92 15JUL93 2A 15MAY04 15MAY04 15MAY04 15AUG01 15MAY04 2B 22MAR00 22MAR00 22MAR00 01MAY92 01SEP97 3rd 01AUG00 01AUG00 01AUG00 01OCT92 22MAY91 4th 08FEB98 22AUG97 01NOV97 08MAR95 01MAY86... Posted on December 15, 2008 at 02:26 pm by Meetesh Patel

In a very interesting study produced by the Public Policy Institute of California Professor Kristin Butcher, an associate professor of economics at Wellesley, and her co-author Anne Morrison Piehl have documented that native-born U.S. citizens are up to ten-times more likely to commit crimes than immigrants - legal and illegal. The study focused on the population of the California Correctional System and went so far as to itemize the various crimes for which individuals had been incarcerated.... Posted on February 26, 2008 at 05:14 pm

While most immigration advocates have given up on any chance at reform until after the 2008 elections, the anti-immigrant debate in South Carolina is heating up. On October 22 a meeting was held in North Charleston, SC to allow South Carolinians the opportunity to voice their opinions directly to legislators - and voice they did. The debate, which was intended to focus in legislation currently in the South Carolina Legislature, was hotly divided as the opinions of the masses were voiced. The... Posted on October 26, 2007 at 12:43 am

In a stunningly close vote, the Senate has voted not to pass the DREAM Act. DREAM would have provided a path to legalization and green card status for thousands of undocumented children who have graduated high school and who qualify for college or the military. For reasons unknown, DREAM Act supporters could not muster the votes necessary for a simple majority. At present, it appears we'll be waiting until after the election before any major reform comes to pass. Posted on October 25, 2007 at 12:38 am