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Statistics |
| Unique Visitors: 6 |
| Total Unique Visitors: 49976 |
| Visitors Out: 375 |
| Total Visitors Out: 375 |
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| Jury Awards $720K to Paralegal, Associate Claiming Pregnancy Bias |
| 2008-08-22 09:09:31 |
Debra Cassens Weiss of <?xml:namespace prefix = st1 />ABA journal reports – <?xml:namespace prefix = o />A jury has awarded about $720,000 in damages to an associate and paralegal who claimed they were forced out of their New York law firm due to their pregnancies.Garden City tax law firm Siegel, Fenchel & Peddy will only have to pay about $266,000 if the verdict is upheld because of a punitive...
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| AILA - Scops |
| 2008-08-21 09:45:13 |
Q & As from the 7/30/08 AILA/Service Center Operations teleconference include H-1Bs, G-28s, e-filed applications, MTRs, I-9s, Wikipedia as a reliable source, Denials without RFEs or NOIDs, RFE extensions, Biometric fees, and more.
AILA-SCOPS Q & A July 30, 2008 <?xml:namespace prefix = o />An H-1B petition was approved in <?xml:namespace prefix = st1 />Nebraska or Texas in the past. If the...
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| AAO on L-1B specialized knowledge |
| 2008-08-20 05:46:16 |
In a 43-page unpublished decision, the AAO discusses L-1B specialized knowledge, qualifying relationships, new offices, and the effect of agency memoranda on the AAO.<?xml:namespace prefix = o />Issues Discussed: Is the petitioner doing business as a qualifying organization?Will the Beneficiary be serving in a capacity involving specialized knowledge?Has the petitioner established the beneficiary...
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| Unlawful Presence Applied to Minors |
| 2008-08-19 04:58:56 |
AILA provides a Practice Alert regarding unlawful presence under INA Section 212(a)(9)(C) as applied to minors. AILA has learned that the U.S. Consulate in <//place><//place></ place=""><//><//city><//city></ city=""><//>Ciudad Juarez<//city></ city=""><//></ city=""><//></><//>, <//country-region><//country-region></ country-region=""><//>Mexico<//country-region></ country-region=""><//></...
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| USCIS ESTABLISHES GENEALOGY PROGRAM |
| 2008-08-14 11:09:26 |
"Customers can now turn to U.S. Citizenship and Immigration Services (USCIS) for help in researching their family’s immigration history through the agency’s new Genealogy Program. USCIS maintains historical records documenting the arrival and naturalization of millions of immigrants who arrived in the <?xml:namespace prefix = st1 />United States since the late 1800s or and naturalized between...
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| Issue all the notices to the pressent counsel |
| 2008-08-14 08:05:54 |
"In a non-precedent decision, AAO remands the petition because a NOID was issued to prior counsel despite the fact that subsequent counsel had already properly filed an appearance to represent the petitioner". (AILA)AILA Doc. No. 08081460....
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| DOL & OFLC Publishes H1B & PERM Debarment List |
| 2008-08-13 08:28:25 |
<?xml:namespace prefix = o /> The Office of Foreign Labor Certification has released the list of debarment. The OFLC will maintain and publish the list of debarred employers, attorneys, and/or agents from the Permanent Labor Certification Program as well as Temporary Labor Certification Program. (http://www.foreignlaborcert.doleta.gov/pdf/Debartment_List_Revisions.pdf) The list...
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| Fragomen Sue's DOL |
| 2008-08-12 08:11:29 |
The Fragomen firm has filed a suit seeking an injunction barring the Department of Labor from carrying out the audit of all of the firm's clients. According to Thomas Williams of <//place><//place></ place=""><//><//place></ place=""><//></ place=""><//></><//><//place></ place=""><//></ place=""><//></><//></ place=""><//></><//></><//></><//><//place></ place=""><//></ place=""><//></><//></...
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| USCIS OPTIMISTIC ABOUT FUTURE NATURALIZATION PROCESSING TIMES |
| 2008-08-11 11:27:47 |
"USCIS now anticipates naturalization application processing will average 10-12 months nationally by the end of september 2008 – a substantial improvement from its estimated average processing time of 16-18 months first announced last year."...
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| NSC's General Guidelines for EB-2 Educational Requirements |
| 2008-08-11 09:17:18 |
<?xml:namespace prefix = o />According to the AILA-NSC Liaison minutes of 04/12/2007, the following standard generally applies in determining EB-2 requirement: U.S. master’s degree – as long as it is in the field required no additional documents would be required4 yr bachelor’s degree + 2 yr master’s degree (India) – with degrees in the same or related fields this will generally be considered the...
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| AAO 212(e) "J waiver" victory |
| 2008-08-11 07:25:09 |
As the record indicates, both the applicant and his wife are J visa holders subject to the two-year foreign residency requirement. Such a requirement would leave their young child in the United States without his parents. This situation would constitute exceptional hardship to the applicant's child if he remained in the United States. The AAO finds that the applicant has established that his...
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| NSC Guide lines on Indian education equivalency- EB3 |
| 2008-08-05 09:04:44 |
Education Requirement in Labor Certification Not Restricted to U.S. Bachelor or Foreign Equivalent Degree: Following will be acceptable for "Skilled Worker" category of EB-3:
(1) Will accept a combination of degrees or diplomas;
(2). Will accept 3 or 4 yr degrees;
(3). Will accept education evaluation prepared by a qualified credential evaluation service;
(4) Will accept educational...
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| Arrested for filing nearly 1,000 fraudulent work visa petitions |
| 2008-08-04 07:05:19 |
<?xml:namespace prefix = st1 />Los Angeles man arrested for filing nearly 1,000 fraudulent work visa petitions
Defendant made nearly $5 million charging aliens for fraudulent filings Federal authorities arrested a man in Riverside, California yesterday on charges of filing nearly a 1,000 fraudulent labor certifications/petitions with U.S. immigration and labor authorities for more than 550 aliens...
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| Aytes memo on material support |
| 2008-08-04 07:04:04 |
Implementation of Section 691 of Division J of the Consolidated Appropriations Act, 2008, and Updated Processing Requirements for Discretionary Exemptions to Terrorist Activity Inadmissibility Grounds, Michael L. Aytes, July 28, 2008....
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| Canadian Government helps New Immigrants to get job |
| 2008-08-01 05:08:18 |
Human Resources and Social Development Canada (HRSDC) recently announced an investment of $800,000, in collaboration with the Maytree Foundation, which will help immigrant skilled workers integrate into the Canadian workforce.<?xml:namespace prefix = o />
The Assisting Local Leaders with Immigrant Employment Strategies (ALLIES) project will involve a comprehensive set of online tools that will...
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| Neufeld memo on 245(k) |
| 2008-07-30 09:39:35 |
The guidance below describes the periods of time to be examined for purposes of calculating time against the 180-day period.<?xml:namespace prefix = o />The adjudicator must only examine the period from the date of the alien’s last lawful admission to the <?xml:namespace prefix = st1 />United States and must not count violations that occurred before the alien’s last lawful admission[P1] .An alien...
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| DOL ALJ Discusses Actual Wage for H-1B LCA Purposes |
| 2008-07-30 04:56:14 |
A Labor Dept. ALJ finds that, where there are no other employees in the position at the employer, the actual wage is the amount actually paid to the H-1B employee, even though it was more than the amount stated on the LCA. Other LCA issues, including the date of termination, also are addressed. Mao v. Nasser, 2005-LCA-00036 (5/26/06). AILA Doc. No. 08072962....
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| Recent decisions on Employers wages to H1B beneficiary |
| 2008-07-28 11:04:16 |
7/25/2008 DOL ALJ Discusses Conversion of Per Diems to Wages for H-1B LCA Purposes A DOL Adminstrative Law Judge addresses when it is appropriate to convert per diem payments to wage payments for purposes of complying with the wage requirements for H-1B labor condition applications. Administrator, Wage & Hour Div. v. Geysers International, Inc., 2006-LCA-00005 (12/11/06). AILA Doc. No...
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| Microsoft Pays for Diversity |
| 2008-07-24 09:24:00 |
Microsoft announced a new program Monday to reward outside counsel for their diversity performance. Under the program, Microsoft's 17 preferred legal providers can be eligible for a 2 percent annual bonus.
Law firms can qualify for the bonus in two ways. First, a firm can increase the hours worked on Microsoft matters by <?xml:namespace prefix = st1 />U.S. minority lawyers (including women) by 2...
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| E-Verify FAQ |
| 2008-07-24 08:54:15 |
NATIONAL CONFERENCE OF STATE LEGISLATURES’ (NCSL) FAQ’S ON E-VERIFY http://www.ncsl.org/programs/immig/EVerifyFAQ.htm ...
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| Child born to LPR's outside United States |
| 2008-07-21 12:51:58 |
Legal Permanent Resident Parents A child born abroad of legal permanent resident parents may enter the U.S. without a visa provided The child is accompanied by a parent upon that parent's initial return to the U.S. Within two years of the child's birth with documentation showing the parent-child relationship. "As outlined in 9 FAM 42.1 N1.1, a child under two...
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| USICE Updates List of SEVP Approved Schools |
| 2008-07-21 05:09:42 |
This list is important for the foreign students in F-1 or OPT who considers 29-month post-completion OPT application. <?xml:namespace prefix = o />http://www.ice.gov/doclib/sevis/pdf/ApprovedSchools.pdf Those students who will apply for OPT or Extension under the new rule may also review the resources of information which are offered and updated by the NAFSA website. http://www.nafsa.org/...
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| USCIS update on Two-Year EAD |
| 2008-07-21 04:33:51 |
AILA-USCIS Update on Two-Year EAD Processing<?xml:namespace prefix = o />Cite as "AILA InfoNet Doc. No. 08071878 (posted Jul. 18, 2008)" USCIS has provided AILA liaison with additional clarifications regarding eligibility for the 2-year card.1. USCIS will review the issue of visa retrogression at the time the I-765 application is filed. However, if the priority date is current as of the date...
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| JUDGE AWARDS $25,000 IN LEGAL FEES IN MANDAMUS CASE |
| 2008-07-18 10:07:14 |
A federal judge has ordered USCIS to pay attorney Kip Evan Steinberg $25,000 in legal fees after the lawyer's client sued the agency to force it to complete processing in an adjustment of status green card case. USCIS tried to point the finger at the FBI for delays in the name check process, but the judge wasn't buying. The judge found the 151 hours the lawyer put in to the case to be reasonable....
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| CANADA SEEKS TO LURE DISSATISFIED SKILLED US IMMIGRANTS |
| 2008-07-17 06:15:49 |
<?xml:namespace prefix = st1 />Alberta Welcomes H-1B Visa Holders and Their Families<?xml:namespace prefix = o />Are you currently working in the United States in a temporary skilled worker visa category?You may be eligible to qualify for Canadian Permanent Residency through the Strategic Recruitment Stream pilot program recently introduced by the Alberta Provincial Nominee Program (PNP).To...
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| Prevailing wage can be filed even after validity period |
| 2008-07-14 09:52:18 |
It is clearly mentioned that we can submit <?xml:namespace prefix = st1 />PERM application after the validity period of the prevailing wage determination only if we had begun the recruitment process during the validity period.<?xml:namespace prefix = o /> Does a prevailing wage determination expire? http://www.foreignlaborcert.doleta.gov/pdf/perm_faqs_3-3-05.pdf Yes, a prevailing wage...
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| E-Verify might expire this Nov 30 |
| 2008-07-01 04:48:04 |
U.S. Department of Homeland Security (DHS), the House Appropriations Committee decided not to extend the "E-Verify" program for 10 years beyond the program's November 30 expiration date.<?xml:namespace prefix = o /> If Congress fails to reauthorize the program -- or substitute an alternative verification system -- before the November 30 deadline, many of these state mandates may become null and...
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| Small Business Non-Retaliation Policy |
| 2008-07-01 04:46:47 |
<?xml:namespace prefix = o /> USCIS announces adoption of a small business non-retaliation policy. If a small business questions or lodges a complaint regarding a USCIS policy or action or seeks help from others to deal with such a policy or action, USCIS will not retaliate against that small business in any fashion."...
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| Fragomen's Response to DOL on the recent PERM audits |
| 2008-06-30 04:50:59 |
See attached the response published by Fragomen after the recent attack on their <?xml:namespace prefix = st1 />PERM audits by US DOL.<?xml:namespace prefix = o /> The reason behind the attack Ø Fragomen submitted a template form used by some of their offices to assist clients in complying with PERM processing. DOL noticed the form contained a legend advising clients to contact the firm if...
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| Murthy's Tips for Visa Applicants from the U.S. Consulate in Chennai |
| 2008-06-27 07:17:26 |
The consular officials shared their perspective and some of the factors considered in making decisions regarding visa issuance.<?xml:namespace prefix = o />
Company Track Record
An employer's record of compliance with immigration laws and regulations is important when its employees seek visas. This can work both for and against a company if its employees regularly apply for visas at a particular...
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| Definintion: Moral turpitude |
| 2008-06-26 04:28:47 |
A "crime involving moral turpitude" has been defined as "conduct that shocks the public conscience as being inherently base, vile or depraved, contrary to the rules of morality and the duties owed between man and man…." Matter of Short, 20 I&N Dec. 136, 139 (BIA 1989).<?xml:namespace prefix = o /> The Ninth Circuit has held that a crime will involve moral turpitude if it involves "grave acts of...
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| New I-9 |
| 2008-06-25 11:51:33 |
Edition Date: 06/16/08. No previous edition accepted. <?xml:namespace prefix = o /> Please note the following changes to the Form I-9 process: Five documents have been removed from List A of the List of Acceptable Documents: Certificate of <?xml:namespace prefix = st1 />U.S. Citizenship (Form N-560 or N-561), Certificate of Naturalization (Form N-550 or N-570), Alien Registration Receipt Card (...
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