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Employment-Based Immigration Law

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 […]

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10 08, 2007

New Immigration Filing Fees, Fee Waivers

By |2007-08-10T14:00:36-05:00August 10th, 2007|Categories: Citizenship / Naturalization and the N-400 Application, DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S.|

New Immigration Filing Fees, Fee Waivers August 10, 2007 As you may be aware, U.S. Citizenship and Immigration Services (USCIS) issued a new fee schedule which went into effect July 30, 2007. The fee increases are significant, to say the least, with some application costs increasing by 300 percent. There is no doubt that this change will cause hardship to many foreign nationals applying for immigration benefits in the United States, such as U.S. citizenship or permanent residence. In light of this, it is important to know that for some applications, USCIS offers applicants an opportunity to be considered for a […]

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20 07, 2007

The 35-Day Rollercoaster Ride

By |2007-07-20T14:00:36-05:00July 20th, 2007|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S.|

The 35-Day Rollercoaster Ride July 20, 2007 June 13th, July 2nd and July 17th of 2007 are three dates that will forever remain infamous among immigration lawyers and the clients and communities they serve. In the span of 35 days, the U.S. Department of State and Citizenship & Immigration Services (CIS) took everyone on an emotional rollercoaster of extreme proportions. It all started on June 13 when the Department of State issued its visa bulletin for July 2007. As many of you know, the visa bulletin is issued each month and announces the visa availability in family-based and employment-based categories for […]

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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 […]

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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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12 04, 2007

H-1B Visa Cap Reached Within Hours

By |2007-04-12T14:00:36-05:00April 12th, 2007|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Non-Immigrant Visas for Temporary Workers / H-1B|

H-1B Visa Cap Reached Within Hours April 12, 2007 The general allotment of 65,000 H-1B work visas for fiscal year 2008, which runs from October 1, 2007 through September 20, 2008, was exhausted on the first day that applications were accepted by Citizenship and Immigration Services (CIS). With employers allowed to submit their filings up to 6 months in advance of the start of the fiscal year, CIS reported that by mid-afternoon on April 2, 2007, CIS had received more than 150,000 applications. Fortunately for those foreign workers who have obtained an advanced degree while studying in the U.S., a separate […]

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29 03, 2007

The New Bi-Partisan Immigration Proposal: The Strive Act

By |2007-03-29T14:00:36-05:00March 29th, 2007|Categories: Amnesty for Immigrants in the U.S., Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment-Based Immigration Law, Family-Based Immigration Law, Immigration and Criminal Law / Detainees, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

The New Bi-Partisan Immigration Proposal: The Strive Act March 29, 2007 Our President, along with many U.S. politicians – including a few of our presidential candidates, think we should enact comprehensive immigration reform and find a way to legalize the undocumented population of the U.S. Other presidential candidates and politicians are vehemently opposed to any measure that would reward our undocumented population with an immigration benefit allowing for the right to legally remain in the U.S. So, within this setting, on March 22, 2007, U.S. Representatives Luis V. Gutierrez (D-IL) and Jeff Flake (R-AZ) introduced a comprehensive, bipartisan, immigration reform bill […]

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11 01, 2007

Can PERM Applications Lead to a Green Card in Less Than a Year?

By |2007-01-11T14:00:36-06:00January 11th, 2007|Categories: Employment-Based Immigration Law, Green Cards, Immigration and PERM / Labor Certification, Lawful Permanent Residence in the U.S.|

Can PERM Applications Lead to a Green Card in Less Than a Year? January 11, 2007 Unless the worker has a Master’s Degree or equivalent AND generally, is in lawful immigration status (if in U.S.), the answer is NO. The discussion below is mainly a response to the common misconception that quick PERM processing necessarily means quick permanent residence/green card processing. Firstly, what is PERM? PERM stands for PROGRAM ELECTRONIC REVIEW MANAGEMENT, and is the online application for alien labor certification – an application filed with the U.S. Department of Labor by an employer to facilitate U.S. permanent residence on behalf […]

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20 12, 2006

The Line Forms, Once Again, for R.N.’s and P.T.’s Seeking Green Cards

By |2006-12-20T14:00:36-06:00December 20th, 2006|Categories: Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Green Cards, Immigrant Health Care Workers in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B|

The Line Forms, Once Again, for R.N.’s and P.T.’s Seeking Green Cards December 20, 2006 Registered nurses (R.N.) and physical therapists (P.T.) seeking permanent residence in the U.S. have once again tapped out the supply of available visas, and a new line has formed, not unlike the lines for family preference, immigrant visas. The good news is that at, unlike the complete visa unavailability for December 2006, immigrant visas are actually becoming available again in January for R.N.’s and P.T.’s (aka “Schedule A” workers), albeit only for those whose petitions were filed on or before June 15, 2004. This shortage of […]

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24 10, 2006

Tips For Immigration Law Consumers

By |2006-10-24T14:00:36-05:00October 24th, 2006|Categories: Customs and Border Patrol / Travel to and from the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Tips For Immigration Law Consumers (Based on client stories I have recently heard in my day to day practice.) October 24, 2006 Stay away from scam artists. If it smells like a scam, it probably is. Immigration scams stink, and one of the more common scams these days involves the visa lottery. In no way is payment of a fee to a professional or one posing as a professional going to increase one’s chances for success. If your service provider refuses to issue a receipt for payment, you can be assured he/she is a scam artist. If you have immigration law […]

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