Recently published cases appear to demonstrate a distinct trend at the Office of the Chief Administrative Hearing Officer (“OCAHO”)* in drastically reducing ICE's penalty assessments, particularly when the employer is a small business and acted in good faith. One commonality we see in decisions is the consistent cite to, "Penalties approaching the maximum permissible should [...]
The Department of State ("DOS") has reported that they are transitioning to an online immigrant visa application as of September 3, 2013. Immigrant visa applicants who are processing their immigrant visas (green cards) through the National Visa Center (NVC)/U.S. Consulate will now need to complete the DS-260 form online (Application for Immigrant Visa and Alien [...]
In a memorandum dated August 9, 2013, USCIS has released guidance and clarifications pertaining to the options and timelines for Diversity Visa (DV) selectees who choose to process their green card from within the U.S. by filing I-485, Application to Adjust Status. The memo seeks to provide clarification to those DV selectees who choose to [...]
The U.S. State Department has just released the September 2013 Visa Bulletin which is the last Visa Bulletin for the FY2013 fiscal year. The major headline in the upcoming month’s Visa Bulletin is the continued significant forward movement in EB-2 India, the significant forward movement in EB-3 and the fact that FB-2A remains current for [...]
U.S. diplomatic posts in 19 cities in the Mideast and North Africa will remain closed until Saturday, August 10, though the closures could be extended beyond this date and to other posts. Per the Department of State, the following U.S. embassies and consulates are affected: Manama, Bahrain Bujumbura, Burundi Djibouti Cairo, Egypt Amman, Jordan Kuwait [...]
USCIS has just released new Reports on the E- Verify Program that focused on the accuracy of the program, employer opinions, employer and employee experiences in Arizona after state legislative mandates went into effect, and E-Verify Employer Agent (EEAs). The overall results from each of the studies show that the E-Verify users have confidence in [...]
As we reported last month, on June 26, 2013, the Supreme Court held that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. With the end of DOMA, the immigration agencies have begun the task of implementing the Windsor decision and married LGBT couples can now access the marriage-based immigration benefits and other [...]
This FREE webinar will offer strategies and tips for preparing H-1B petitions and responding to RFEs for foreign entrepreneurs and third party placement H-1B visa holders. The panel will discuss types, options and formats of documentary evidence required to support the employer-employee relationship. This session will also provide strategies and scenarios to fulfill the H-1B [...]
Immigration related compliance is an increasing concern for U.S. employers, who are often caught between two federal agencies with opposing interests: ensuring that all workers are authorized for employment in the U.S. and protecting those who are lawfully here from discrimination. The Immigration Reform and Control Act of 1986 (“IRCA”) requires all employers to fill [...]
Our office is getting reports from clients, readers and colleagues from other firms that there is an alarming trend in recent PERM Labor Certification application denials due to an overly broad education requirement. Specifically, DOL denies PERM applications, usually after an audit, with the stated reason that the "educational requirements are too broad, and thus, [...]