U.S. Immigration Law and Legislation

15 09, 2008

Now is the Time for Employers and New Foreign National Employees to Start Thinking about H-1B Petitions

By |2008-09-15T13:16:36-05:00September 15th, 2008|Categories: Employment-Based Immigration Law, Immigrant Health Care Workers in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation|

Now is the Time for Employers and New Foreign National Employees to Start Thinking about H-1B Petitions Published September 15, 2008 65,000 and 20,000. As of this writing, those are the numbers for the annual allotment of new H-1B visas that employers and their (prospective) foreign national employees will be scrambling for come April, 2009. 65,000 is the general supply , and an additional 20,000 are for individuals who have been awarded graduate degrees in the U.S. No doubt this April, as in the past two Aprils, U.S. Citizenship and Immigration Service offices will receive at least three times as many […]

7 11, 2007

Harsh State Laws; Might Congress Now Be Prompted to Enact Comprehensive Immigration Reform?

By |2007-11-07T14:00:36-06:00November 7th, 2007|Categories: Amnesty for Immigrants in the U.S., Customs and Border Patrol / Travel to and from the U.S., Immigration and Criminal Law / Detainees, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Harsh State Laws; Might Congress Now Be Prompted to Enact Comprehensive Immigration Reform? November 7, 2007 Oklahoma Governor Brad Henry signed a bill in May that invokes tough measures enabling the state of Oklahoma to combat illegal immigration. The law, which is entitled the “Oklahoma Taxpayer and Citizen Protection Act of 2007” takes effect November 1, 2007. The Act states that “illegal immigration is causing economic hardship and lawlessness in this state” and includes the following new laws: making it unlawful to transport/conceal/shelter any immigrant that has “come to, entered or remained in the U.S. in violation of law”. Breaking this […]

31 10, 2007

DREAM Act Proposal Shot Down Again

By |2007-10-31T14:00:36-05:00October 31st, 2007|Categories: Amnesty for Immigrants in the U.S., Foreign Exchange Student Visas to the U.S., U.S. Immigration Law and Legislation|

DREAM Act Proposal Shot Down Again October 31, 2007 The most current version of the DREAM Act (which has been an evolving congressional concept since 2001) fell eight votes short of passing a Senate test vote on October 24, meaning that the bill will not be debated or amended. The demised bill, sponsored by Democrat Senator Durbin of Illinois and Republican Senators Hagel of Nebraska and Lugar of Indiana, sought to provide illegal immigrant students with legal status who arrived in the U.S. before age 16, graduated from high school, and committed to either serving in the military or attending college […]

15 10, 2007

Injunction Continues in SSA “No Match Letter” Litigation

By |2007-10-15T14:00:36-05:00October 15th, 2007|Categories: DHS / Citizenship and Immigration Services (USCIS), Immigration and Criminal Law / Detainees, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Injunction Continues in SSA “No Match Letter” Litigation October 15, 2007 On October 10, 2007, U.S District Judge Charles R. Breyer of the U.S. District Court for the Northern District of California has granted a motion for a preliminary injunction, thereby continuing the restraining order against the Department of Homeland Security (“DHS”) from sending out approximately 140,000 no-match letters to employers affecting roughly 8 million employees. The injunction will be in effect until the case goes to trial unless an appeal by the DHS is filed and subsequently granted. As previously reported in September, the AFL-CIO, the ACLU, and the National […]

11 10, 2007

DHS vs. State of Illinois

By |2007-10-11T14:00:36-05:00October 11th, 2007|Categories: DHS / Citizenship and Immigration Services (USCIS), Immigration and Criminal Law / Detainees, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

DHS vs. State of Illinois October 11, 2007 It’s the Department of Homeland Security (“DHS”) versus the State of Illinois in a lawsuit filed by the DHS over a recently enacted Illinois amendment to the Right to Privacy at Work Act. At the heart of both the lawsuit and the Illinois law, is the voluntary federal program called E-Verify. This program succeeds the Basic Pilot Program which has been around since 1997, and provides employers with an internet-based way to verify if their employees are legally entitled to work in the United States. Once an employer submits their query regarding an […]

27 09, 2007

New Federal Court Decision Addresses Delays in Processing Citizenship Applications

By |2007-09-27T14:00:36-05:00September 27th, 2007|Categories: Citizenship / Naturalization and the N-400 Application, DHS / Citizenship and Immigration Services (USCIS), Immigration and Criminal Law / Detainees, U.S. Immigration Law and Legislation|

New Federal Court Decision Addresses Delays in Processing Citizenship Applications September 27, 2007 As many applicants for US citizenship are aware, the delay in the processing of their applications can be infuriating. Many applicants find themselves waiting months, and even years to be scheduled for a naturalization oath ceremony after appearing at their local Citizenship and Immigration Services office for interview and successfully completing the requisite civics and English language tests. The most common reason for the delay: a pending FBI name/background check. These delays are not limited to applicants with criminal or suspicious backgrounds. Grandmothers, clergymen and even active military […]

12 09, 2007

Lawsuit Blocks Enforcement of Workplace Rules

By |2007-09-12T14:00:36-05:00September 12th, 2007|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Lawsuit Blocks Enforcement of Workplace Rules September 12, 2007 As the confusion continues to circle around the future of immigration laws in the United States, a new element has been added to the already complex issue. On August 10, 2007, the Department of Homeland Security (“DHS”), under the Bush Administration, announced a rule stating that upon receiving a letter (referred to as a “no-match” letter) from the Social Security Administration (“SSA”) indicating that a company’s information on an alien does not match the SSA’s own records, an employer will be required to fire the employee within 90 days, unless the employee […]

5 07, 2007

Chaos for Employment-Based Green Card Applicants

By |2007-07-05T14:00:36-05:00July 5th, 2007|Categories: Employment-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation|

Chaos for Employment-Based Green Card Applicants July 5, 2007 My fellow immigration lawyers and I find ourselves reeling after two notices issued by the State Department in the past three weeks. First, on June 13, 2007, the State Department issued its July, 2007 visa bulletin. As many of you know, this bulletin comes out each month and announces visa availability in family-based and employment-based categories for the upcoming month. At times the availability is indicated by listing cut-off dates in particular categories, and any applicant in that category with a priority date prior to the cut-off date listed should have access […]

13 06, 2007

Comprehensive Immigration Reform: If? When? What?

By |2007-06-13T14:00:36-05:00June 13th, 2007|Categories: Amnesty for Immigrants in the U.S., Customs and Border Patrol / Travel to and from the U.S., Green Cards, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Comprehensive Immigration Reform: If? When? What? June 13, 2007 In just a few hours, I will be flying to Orlando, Florida for the annual conference of the American Immigration Lawyers Association. Even after practicing exclusively U.S. immigration law for almost two decades, I am confident I will learn something new and, in one way or another, improve my lawyering skills – with both my individual and corporate clientele benefiting as a result. I also anticipate learning something, anything, about when and if comprehensive immigration reform will become a reality, although it is still anyone’s guess if, when, how and what will […]

17 05, 2007

The Latest Comprehensive Immigration Law Proposal

By |2007-05-17T14:00:36-05:00May 17th, 2007|Categories: Amnesty for Immigrants in the U.S., Customs and Border Patrol / Travel to and from the U.S., Employment-Based Immigration Law, Green Cards, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

The Latest Comprehensive Immigration Law Proposal May 17, 2007 Senate leaders from both parties have revived their discussion of immigration reform, this time around seeking a true compromise. A new bill is under construction, which the full Senate plans to begin debating and revising next week. The senators have created a 380 page document which includes seven titles. This bill will not become law until it is debated and approved by both houses and signed by the President, but in this early stage the following provisions are involved: heightening border security by hiring more Border Patrol and using advanced technological methods, […]

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