Articles Posted in News

Following the recent announcement of the audit of all PERM cases filed by Fragomen, largest immigration law firm in the nation. A new set of rules was issued by DOL on the role of Lawyers following the PERM process.

The Department has long held the view that good faith recruitment requires that an employer’s process for considering U.S. workers who respond to certification-related recruitment closely resembles the employer’s normal consideration process. In most situations, that normal process does not involve a role for an attorney or agent (as defined in 20 C.F.R. 656.3) in assessing the ability of applicants to fill the employer’s needs.

More specifically, the types of actions prohibited by 20 C.F.R. 656.10(b)(2)(i) and (ii) include:

It is getting hot here in California this time of the year, and stories of abused immigrant workers are news once again. This recent story of the death of a pregnant teenager pruning grape vines in 100-degree heat has outraged the farmworking community and sparked calls for safety reforms as laborers prepare for the long summer harvest. We also need to consider immigration reform for the thousands of undocumented workers picking our vegetables, once they become legal such human rights abuses might decrease.

Read the AP story here

DHS announced an interim final rule on the Electronic System for Travel Authorization (ESTA), a new online system for the Visa Waiver Program (VWP). Effective some time next year, all nationals of VWP countries who plan to travel to the U.S. under the VWP will need to receive an electronic travel authorization prior to departure.

Click here to read the FAQs on VWP Electronic System for Travel Authorization

Read the Factsheet here

New York City Mayor Michael Bloomberg delivered the commencement address at UPenn, noting that accepting immigrants is one of our nation’s greatest historic strengths. Here is what he had to say at the Ceremony:

Let me ask everyone here who can trace their families back to the Mayflower to raise their hands. Congratulations, you are related to America’s first immigrants. And the rest of us are the descendants of immigrants, too.

“And the word I was thinking of, the key to innovation is immigration. Our nation’s greatest historic strength is that we’ve always welcomed the best and brightest from every corner of the globe. eBay, Google, Levi’s, Budweiser, they were all started by immigrants. It’s the story of New York, and it’s the story of Penn – which has the highest percentage of international students in the Ivy League.

McCain is pressing the all the correct keys today in Silicon Valley. John McCain joined Gov. Arnold Schwarzenegger in pushing for comprehensive immigration reform, including guest worker permits to bring employees to California’s Silicon Valley and the state’s vast agricultural fields.

Asked by Silicon Valley panelists on what he would do to grant more visa for skilled technology workers, McCain broadly advocated the comprehensive immigration reform plan he had backed with Democratic Sen. Edward Kennedy in Congress.

Responding to a question about so-called H1-B visas for Silicon Valley workers, McCain said: “We have to attract the best and brightest minds. It isn’t just H1-B visas. In our agricultural sector, they can’t find workers as well. We need a temporary agriculture (worker) program.”

U.S. Sen. Edward M. Kennedy has a deadly brain tumor, doctors treating him at Massachusetts General Hospital said Today. Sen Kennedy is a true Icon, Kennedy’s contributions to the U.S. Senate are historic, where he has represented Massachusetts since 1962.

On May 16, 2008 Kennedy wrote a letter to Secretary of Homeland Security expressing outrage about the recent ICE raids targeting Illegal immigrants parents at their children’s schools. Read the Letter below
We all wish Sen. Kennedy a quick recovery.

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Letter from North Carolina AG’s Office on Eligibility of Undocumented Students for Community College may shed some light on this controversial issue. Should students that lived in this country illegally for years be eligible for community college admissions?
Read the Letter from the AG here Download file

In recent weeks I heard two horrible stories from European clients about their experience entering the US. One a fairly know author from France was kept in secondary inspection for 14 hours, before finally letting him enter the US. The officers never explained why he was detained and never offer an Apology.

Another person entering from Germany to join his co workers on a US vacation, was humiliated by port of entry officers, accused of being a potential unauthorized worker and was sent back home with shame. He is now angry and outraged at our government and immigration system.

Here is a funny YOU-TUBE video to reflect on the above…

Long overdue but the U.S. Department of Homeland Security (DHS) Secretary Michael Chertoff signed on April 18, 2008 a Visa Waiver Program (VWP) agreement with Korean Minister of Foreign Affairs and Trade Yu Myung-hwan. The security enhancements outlined in the agreement puts Korea on the path toward visa-free travel to the U.S., and potential designation as a VWP member as early as later this year. Members of Visa Waiver countries do not require a visa to enter the US and can stay up to 90 days as visitors.

Read the press release

Clients have been waiting patiently for the visa Bulletin to be out this month. Excellent news in many categories. The U.S. Department of State (DOS) has issued the May 2008 Visa Bulletin. It contains continued good news for some EB2 applicants from India and China. It also reflects significant forward movement in the EB3 worldwide category.

The EB1 category remains current for all countries of chargeability. EB2 categories for worldwide, Mexico, and the Philippines remain current. The cutoff dates for India and China moved forward by a month, with a new cutoff date of January 1, 2004 established for both countries of chargeability.

The EB3 worldwide category cutoff date moved forward by eight months to March 1, 2006. India’s cutoff date moved slightly to November 1, 2001. China also inched forward to March 22, 2003. Mexico and the Philippines jumped forward more significantly to July 1, 2002 and March 1, 2006, respectively. Fourth and Fifth all current.