As many of you may know the DOL has suspended issuing prevailing wage determinations for several weeks now. Such determinations are essential to start any PERM case. On Wednesday, August 24, 2011, AILA received reports from members that PERM prevailing wage determinations are beginning to be received for requests submitted…
Visa Lawyer Blog
Obama’s deportation focus shifts from gay families
Reflecting a change in deportation policy, the Obama administration has dropped its attempt to remove a member of a same-sex California couple who overstayed his visa. The announcement in a case pending before an immigration judge in San Francisco represents the administration’s decision to put a greater focus on deporting…
New York immigration attorney charged for participating in international human smuggling ring
Three alleged members of an international alien smuggling scheme were charged Tuesday with smuggling hundreds of aliens from China into the United States. The charges stem from an investigation conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). HSI agents arrested Hak Tung Lam, 44, of Flushing,…
Updates on the H-1B compliance procedures – Employer Liable for LCA Wages for Failure to Pay Transportation Costs
Attorney Ekaterina Powell from our office wrote this great article on maintaining H-1B compliance procedures by employers. If you are an H-1B employer, you need to be familiar with the H-1B regulations and Labor Condition Application (LCA) compliance procedures. Each employer petitioning for an H-1B worker has to file a…
AILA Consumer Advisory Regarding the Obama Adminstration Department of Homeland Security 8/18/2011 Announcement
The Obama Administration’s Immigration announcement is not an Amnesty program. The consumer advisory from AILA put out a warning stating that: Do not believe anyone who tells you they can sign you up for a work permit (Employment Authorization Document or “EAD”) or get you legal status based on the…
U.S. Citizenship Through Parents – Situations When an Individual is Born Abroad
Attorney Ekaterina Powell from our office has prepared this article on acquiring U.S. citizenship through parents where the individual is born abroad. In certain situations, a person who was born abroad to a U.S. citizen parent and who has been living abroad for years may have acquired U.S. citizenship at…
DHS Announcement on New Process for Implementation of Prosecutorial Discretion Memo
In the wake of protests on Department of Homeland Security (DHS) prosecutorial discretion for removal cases, DHS Secretary Janet Napolitano announced a new process for implementation of the June 17, 2011, prosecutorial discretion memorandum. The letter included a background two-pager. From the background two- pager – “the new interagency process…
Federal Policy Resulting in Wave of Deportations Draws Protests
A program that is central to President Obama’s immigration enforcement strategy has drawn protests by Latino and immigrant organizations in six cities in the last two days, as those groups stepped up their confrontation with the administration over the fast pace of deportations. In Los Angeles, about 200 immigrants and…
A Guide to H-1B and Green Card Reform
There is bipartisan interest in Congress in reforming high-skill immigration. New legislation is on its way, and here’s what to watch for. What bills have been introduced or are coming? In the House, the most important Democratic initiative is from Zoe Lofgren (D-Calif.), whose district includes Silicon Valley. Her bill…
H1B Visa Attorney – Site Visit (FDNS) Fraud Detection and National Security Verification Questionnaire Sample
The following sample questionnaire was released by AILA for the benefit of H1B employers. U.S. Citizenship and Immigration Services (USCIS), through its Office of Fraud Detection and National Security (FDNS), has implemented an on-site audit program that subjects H-1B employers to random site visits to verify information provided in H-1B…