Articles Posted in News

https://www.youtube.com/watch?v=2cNDqprntj0

Beginning March 15, 2011 all Change of Address, (Form AR-11) and Alien’s Change of Address, (Form AR-11 SR) will change filing locations. Now, you must file all change of address forms at the following address:

DHS/USCIS

Harrisonburg File Storage Facility

This article by Attorney Habib Hasbini will shed the light on some of the most recent developments regarding California interpretation of employer’s duty to provide employees mandated meal and rest breaks under California Labor Code section 512 and Title 8, California Code of Regulations section 11010 et seq.

An issue that potentially could shift the balance of powers in favor of the employers in California is currently pending before California Supreme Court in Brinker Restaurant Corporation v. Hohnbaum (2008) 85 Cal. Rptr. 3d 688.

The crux issue is how California employers could satisfy their meal and rest periods obligations. The underlying controversy is whether employers need only “authorize” their employees to take meal and rest periods or employers must “ensure” their employees take their meal and rest periods. Interpreting the law one way or the other will have significant implications on the vast wage and hour litigation and class action lawsuits in California.

Immigration law is important and that is all that we cover most of the time. But our immigrant readers, may be facing other legal challenges from time to time. So we rely on our lawyer friends from across the country, to provide guest articles and reports. This week we are proud to feature Attorney Habib Hasbini’s Employment Law expertise.

Many of our clients and Blog readers are immigrants on work visas. Employment Law and Immigration often go side by side, so the info presented in this article should be very useful to our readers. We often hear the term overtime as it relates to employment practices, but what is Overtime?

An employer may dictate the employee’s work schedule and hours and legally require the employee work overtime. The employer may discipline an employee, up to and including termination, if the employee refuses to work scheduled overtime.

The US National Weather Service has issued a blizzard warning for parts of New York, New Jersey and other states along the east coast of the United States as a major winter storm bears down on the area on Sunday.

A band of frigid weather was snaking up the East Coast on Sunday, promising blizzards and a foot of snow for New York City and New England, while several states made emergency declarations as the storm caused crashes on slick roads.Heavy snow and blizzards in parts of North Carolina were making driving conditions difficult, and there were dozens of traffic accidents.

North Carolina authorities reported a fatal traffic accident near Charlotte.The North Carolina Highway Patrol said late on Saturday that most of the roads in and around Asheville were either covered or partially covered with snow and ice.

U.S. Citizenship and Immigration Services (USCIS) released a revised Form N-648, Medical Certification for Disability Exceptions, for individuals with disabilities who are seeking exceptions from the English and civics requirements for naturalization. USCIS will shortly be offering public information sessions on the revised form for medical professionals and other stakeholders.

The law requires naturalization applicants to demonstrate proficiency of U.S. civics and the English language. Individuals with certain disabilities or impairments may request exceptions from either or both of these statutory requirements. Form N-648 was revised following extensive dialogue among USCIS subject-matter experts, customers, medical professionals, community-based organizations and legal practitioners. The revisions are intended to clarify the requirements and instructions and to standardize the process. The form enables medical professionals to provide information that is necessary for USCIS to understand the medical professional’s diagnosis and its relationship to the naturalization requirements. The Form N-648 and the accompanying guidance will assist USCIS adjudicators as they review each form.

In January, USCIS will begin hosting public information sessions to help medical professionals and other stakeholders understand the changes to Form N-648. Online videos will be available to explain how best to use the form. The interim guidance on the revised Form N-648 for USCIS personnel is currently available for public comment at http://www.uscis.gov/outreach.

In the spirit of the holidays, wanted to share this great post by Eleanor Pelta from AILA

A client of mine is in a real quandary. The client has a major project with an urgent deliverable that requires a key employee to travel to the U.S. urgently. Because the company has a crack operations staff, they were on this issue early on, and we filed an L-1B petition months before the travel was necessary. However, current processing times being what they are, we had to upgrade the case to Premium Processing recently in order to have any chance of obtaining an approval before the start date. Notwithstanding our extensive documentation, we recently received a massive Request for Evidence and I must confess, our office has been struggling with a response. In the interest of getting something in on a timely basis, the client has authorized me to share details about the petition with the AILA membership for the purpose of tapping into the collective brilliance of the immigration bar to put together a winning response. Here are select portions of the RFE. Any comments or suggestions are most welcome.

Petitioner: Clausiseverywhere.com

People applying for tourist visas for the United States in Qatar have greater chance of accessing them than in any other GCC country. Figures released by the US Administration suggest that only 3.2 percent requests for US tourist visas made to the US embassy in Doha were turned down in the FY 2010.

A US government website citing tourist visa (B-Visas) refusal details country-wise said the data were preliminary through September 30, 2010. As for Qatar, the data show this was the lowest percentage of tourist visa refusal in the entire GCC region. The next Gulf state with a lower percentage of rejection was Kuwait (3.6 percent). Bahrain ranked third with a 4.1 percent rejection rate while the percentage for the largest GCC state Saudi Arabia was six.

As for Oman and the UAE, the percentages were higher-8.7 and 9.7, respectively. The GCC states ranked much above their peers in the Arab world like Egypt, Yemen, Sudan and even Iraq. The rate of B-visa rejection in these countries was more than 30 percent.

In view of Mr. President Barack Obama visit to South Asian giant ‘India’, here are some updates on Indo-US bilateral relationship. The basic purpose of Mr. Obama’s visit is to strengthen the bilateral relationship. U.S. President Barack Obama began his maiden visit to India on last Saturday by promising to remove restrictions on sensitive high-tech exports, a nagging irritant in the evolution of bilateral ties, even as he declared deals worth $15 billion that would support some 54,000 American jobs and seek to answer critics back home. This visit and the expected outcome of more employment generation is considered to be greatest achievement of Mr. Obama after the recent debacle in US Polls.

The White House will, of course, stay in Washington but the heart of the famous building will move to India when President Barack Obama landed in Mumbai on Saturday. Communications set-up and nuclear button and majority of the White House staff will be in India accompanying the President on this three-day visit that will cover Mumbai and Delhi, India. He will also be protected by a fleet of 34 warships, including an aircraft carrier, which will patrol the sea lanes off the Mumbai coast during his two-day stay there beginning Saturday. The measure has been taken as Mumbai attack in 2008 took place from the sea. Mr. Obama visit to Mumbai went considerably good.

The United States is the world’s largest recipient of Foreign Direct Investment (FDI). India is among the fastest growing investors in the United States. As the U.S.-India economic relationship deepens, investment from India contributes to the growth and vibrancy of the American economy and in the creation of jobs in the United States. Over the last decade, investment capital from India grew at an annualized rate of 53% reaching an estimated $4.4 billion in 2009. This growing flow of capital from India reflects the increased integration of the two economies and has brought many benefits to the United States, increasing U.S. exports and supporting tens of thousands of jobs in the last six years alone.

The US Embassy in Slovakia stated in an announcement that its country’s visa regime works according to the principle of reciprocity and noted that after several years of negotiations, the Slovak government has failed to modify the visa validity for Americans working in Slovakia beyond the current limit of two years.

Currently, Slovaks working temporarily in the United States in the H, L, O, P, and R categories receive visas valid for five years. Based on this lack of reciprocity, the US government has reduced the validity of the H, L, O, P, and R non-immigrant visa categories for Slovaks from the current 60 months with multiple entries, to 24 months with multiple entries, effective immediately.

A $60 reciprocity fee, payable at the US Embassy at the time of the interview for a US visa, will also be added, the embassy wrote, in order to bring the two countries’ fees into a more reciprocal relationship.