Visa Lawyer Blog

As I previously discussed in this Blog, On August 10, 2007, DHS released an advance copy of the final ICE “No-Match” regulation, “Safe Harbor Procedures for Employers Who Receive a No-Match Letter.” Publication of the final rule in the Federal Register is expected the week of August 13, 2007. The final rule will become effective 30 days after publication.

The final rule expands the definition of “constructive knowledge” to include the failure to take reasonable steps to address three situations: (1) an employee’s request for the employer’s sponsorship of the employee for a labor certification or visa petition; (2) receipt of a no-match letter from the Social Security Administration (“SSA”); and (3) receipt of a notice from DHS (usually after an I-9 audit) that the employee’s employment authorization documents presented in connection with completion of the I-9 form do not match DHS records.

Continue reading

There may be no immigration reform coming up but, new—and potentially costly—demands on employers to ensure that their workforces are legal are coming up.

The New rules describe the obligations of employers when they receive no-match letters from the Social Security Administration or receive a letter regarding employment verification forms from the Department of Homeland Security. The rule also provides “safe harbors” employers can follow to avoid a finding the employer had constructive knowledge that the employee referred to in the letter was an alien not authorized to work in the US. Employers with knowledge that an immigrant worker is unauthorized to accept employment are liable for both civil and criminal penalties.

The clock would start ticking when companies receive a letter from the Social Security Administration indicating that employees’ names or Social Security numbers on tax forms don’t match federal records.

A crackdown on illegal immigration will have to go forward without help from Congress, the Bush administration said Friday.

At a joint news conference, Secretary Chertoff and Gutierrez put the onus on Congress for any consequences that may be suffered by employers as result of the stepped-up enforcement effort.

“Our hope is that key elements of the Senate bill will see the light of day someday, but until Congress chooses to act, we are going to be taking some energetic steps of our own,” Chertoff said. The steps will “significantly strengthen our hand with respect to immigration enforcement.”

I have been following the latest BBS world reports about the fact that Pop star Lily Allen has had her US work visa cancelled after arriving at Los Angeles International Airport. Well now we know it, even big stars can not have their way with our USCIS agency (unless your are Russel Crowe of course:))

Lily was held at the airport in LA for five hours in connection with an arrest for an alleged assault in London in June.

Read the BBC story

The Dream Act is a bill that has been introduced several times in the United States Congress that would provide a path to citizenship for illegal immigrant students.

ILW.com the leading immigration online news source reported the following, and you can see why we need this act to pass ASAP.

The “Save Juan” campaign, http://actonadream.net/

We have learned from AILA member Jan Peterson that the following might happen once the October Visa Bulletin will be published:

The priority date information listed is to be taken as educated predictions, not carved in stone. Expect the following: 1. Worldwide, other than India and China, EB1, EB2, EB4 and EB5 immigrant visa categories will be current as of October 1, 2007. It may be necessary to retrogress them later in 2007 or 2008. 2. EB1 for India and China will likely be current in October, 2007. 3. EB2 for India and China will likely have a cut-off date in October 2007 close to the cut-off dates for January 2007, which were: India – January 8, 2003; China -April 22, 2005. 4.

EB3 cut-off dates for October 2007 also will likely have a cut-off date close to the cut-off dates for January 2007, which were: Worldwide (other than India and China) -August 1, 2002; India -May 8, 2001; China – April 22, 2005. Please note that these are predictions subject to change depending on the number of cases approved by USCIS during the next two months.

From time to time clients contact me trying to determine if they still qualify for a visa, despite some criminal activity in the past. ” I was young and stupid and now I will be paying for this”.

I learned recently that the Department of State is implementing a new policy with respect to immigrant visa (IV) and non-immigrant visa (NIV) applicants with a history of arrests or convictions for drunk driving.

Consular officers will now refer certain IV / NIV applicants with prior drunk driving arrests or convictions to panel physicians to evaluate whether the applicants are inadmissible to the U.S. under the physical or mental disorder ground of inadmissibility. See INA § 212 (a) (1) (A) (iii). Under this law, any foreign citizen is inadmissible to the U.S. if he or she has or has had a physical or mental disorder that poses a threat to others.

Continue reading

For those of you that listen to NPR here is an interesting story. It was recently reported by National Public Radio that: “This week, Arizona Gov. Janet Napolitano signed a tough immigration law, penalizing companies that knowingly employ illegal workers. The law goes into effect in January 2008. Napolitano, who expresses frustration that Congress failed to pass national immigration legislation, talks with Madeleine Brand.”
Click here to listen

According to ilw.com the biggest immigration law publisher online, USCIS’s immigration forms page [last visited 07/31/07, 3pm ET]

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

states that Form I-129F Fiancee Petition and Form I-290B Notice of Appeal require the new 7/30/07 version and that all previous versions will be not accepted (the I-765 Form now states that previous editions are accepted).

We were really busy this past week trying to get our cases filed before the July 30th deadline. It’s funny that as the dead line was approaching last minute filers were calling our office and seeking last minute service. We took cases all through Thursday and were able to file the last cases by Friday night.

As were were rushing to file cases before the deadline, the big mystery was as to the correct deadline. Some lawyers were reading the rule as filed by Friday the 27th or pay the higher fees, others were reading the rule as postmarked. But what about private courier like Fedex, they do not postmark?

The answer came on Friday the 27th with a quick press release by USCIS, among other questions, the following was stated: