AILA and the U.S. Chamber of Commerce sent a letter to all Senators urging them to oppose Sen. Sanders’ H-1B amendment to the stimulus bill (H.R. 1), which would prevent U.S. employers who using TARP funds from accessing highly skilled, professional foreign talent that would allow them to stay competitive…
I previously reported on changes to the H2B visa program. On December 19, 2008, DHS published in the Federal Register a final rule “Changes to Requirements Affecting H-2B Nonimmigrants,” which provides that the Secretary of Homeland Security will publish a list of designated countries whose nationals can be the beneficiaries…
The Labor Department has released its projections for when it will phase in the new versions of the LCA Form ETA 9035 and the PERM Form ETA 9089. The Deptartment of Labor indicates that its implementation timing for the new LCA Form ETA-9035 is: – It will begin receiving the…
The The Administrative Review Board found that the employer in that case failed to report termination of the H-1B employee as required and is liable for back wages. It noted that periods of unproductiveness were not due to unwillingness or unavailability of the employee to work, thus are compensable. Administrator,…
There are presently 3-5 full time I-601 adjudicators, and 3 staff who are on duty. There is a backlog of 7000 – 9,000 I-601 applications. They are discussing opening an office in Los Angeles where they will only work on those backlog cases. I-601 Procedure: The applicant has to make…
The effective date of the new I-9 form has been delayed for 60 days, until April 3, 2009. It was originally scheduled to take effect on February 2. The comment period on the new form now runs until March 4, 2009. USCIS published an interim final rule, “Documents Acceptable for…
Pro-immigrant advocates believe the Obama administration will have a window of opportunity between this September and March 2010 to shepherd a comprehensive immigration package that will provide a path to legalization for an estimated 12 million undocumented residents, strengthen border security and help the ailing economy. Part of their optimism…
Federal contractors and subcontractors will be required to begin using the U.S. Citizenship and Immigration Services’ EVerify system starting May 21, 2009, to verify their employees’ eligibility to legally work in the United States. The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council amended the Federal Acquisition Regulation…
It is nice to be recognized by the media from time to time. The American Bar Journal is taking an interest in Immigration law, in the February issue they feature our office and the unique H2A practice we operate. H-2As are used by seasonal agricultural workers, who must prove that…
Most employers know that they can submit H-1B petitions on behalf of foreign born professionals six months before October 1st , the first day of the federal fiscal year. First day of filing, April 1st is always very stressful. So following all of the instructions, day before April 1st, we…