Policy Archives - Page 6 of 6 - Capitol Immigration Law Group PLLC

This category displays articles relating to immigration and labor compliance policies coming from Congress or any of the executive agencies tasked with defining and enforcing the U.S. immigration policies.

Warnings for TCN Visa Applications in Canada

Generally, the U.S. Department of State likes to process visas at the consulate located at the applicant's home country. Howevre, U.S. consulates in Mexico and Canada have the practice of allowing third-country nationals (TCN) to apply for a U.S. visa stamp in addition to their home country. However, recent AILA interactions with the Department of [...]

By Dimo Michailov|2017-05-20T21:48:50-04:00April 3rd, 2010|Articles, H-1B, News, Policy, Visa Processing|

AAO Decision on Substituted Labor Certifications

In a decision dated as of March 26, 2010, the Administrative Appeals Office (AAO) has spelled out what we think is an an important policy change affecting employment-based permanent residency applicants who are beneficiaries of a labor certification either as a substitute or as the initial beneficiary of a subsequently-substituted labor certification. Brief Background on [...]

By Dimo Michailov|2017-05-20T21:48:50-04:00April 3rd, 2010|AAO, Articles, I-140, I-485, News, Policy|

AILA Letter to USCIS on Employer-Employee Relationship Memo

We have written extensively over the past two months on the January 8, 2010 Neufeld Memorandum (the "Neufeld Memo") changing the H-1B adjudication standards for H-1B employers engaged in 3rd party placement or employee-owners. We have also written about AILA's efforts to rescind the Neufeld Memo. In a letter dated March 19, 2010 addressed to [...]

By Dimo Michailov|2010-03-22T09:16:27-04:00March 22nd, 2010|Articles, H-1B, News, Policy, USCIS|

Analysis of Proposed Changes to Form I-129 (H-1B, L-1, TN)

USCIS published a notice in the Federal Register with proposed changes to Form I-129 which is used for H-1B, L-1, TN, among other visa type filings. Please see the DRAFT proposed Form I-129 (and draft instructions). The proposed changes are significant and are likely to impact most, if not all, employers who file Form I-129. [...]

By Dimo Michailov|2017-05-20T21:48:52-04:00March 18th, 2010|Articles, H-1B, News, Policy, USCIS|

Current State of Immigration Reform: Barely Moving

Today's Wall Street Journal has a recap of recent high-level meetings and plans regarding an immigration reform, a topic which President Obama said he will tackle during his first year in office. Washington has been busy for the past few months with health care, wars and the economic crisis. Not surprisingly, immigration reform has not [...]

By Dimo Michailov|2010-03-12T10:48:06-05:00March 12th, 2010|Articles, News, Policy, USCIS|

Startup Visa Act of 2010 Introduced

Among our clients and readers, we have many entrepreneurs and start-up companies which may be interested in a recent development in Congress. Senators Kerry (D-MA) and Lugar (R-IN) have introduced a new bill in Congress seeking to drive job creation and increasing America's global competitiveness by helping immigrant entrepreneurs secure visas to the United States. [...]

By Dimo Michailov|2017-05-20T21:48:58-04:00February 25th, 2010|Articles, EB-5, News, Policy|

USCIS Meeting on H-1B Employer-Employee Relationship Memo

Earlier today USCIS held a collaboration session on "Determining Employer-Employee Relationships for Adjudication of H-1B Petitions." We had the opportunity to attend the session, to listen and to engage in a discussion regarding the January 8, 2010, USCIS Memorandum by Donald Neufeld on the Employer-Employee Relationship. The Session Generated Great Interest The session proved to [...]

By Dimo Michailov|2017-05-20T21:48:59-04:00February 18th, 2010|Articles, H-1B, News, Policy|

DHS Reports on Employer Enforcement and Compliance

The Department of Homeland Security (DHS), in a recent symposium, has provides some useful insight into its operations and policies. We are happy to share some of DHS's disclosures. DHS Investigations on Employers to Continue and Increase Janet Napolitano, the DHS Secretary, has indicated that employer investigations will continue and, possibly, intensify. In 2009 there [...]

By Dimo Michailov|2017-05-20T21:49:00-04:00February 11th, 2010|Articles, E-Verify, I-9, News, Policy|

NVC Releases Immigrant Visa Queue Numbers

The National Visa Center (NVC) has released numbers and statistics on the immigrant visa numbers pending at NVC. The information is as of November 1, 2009. It is important to note that these numbers reflect immigrant visas which have chosen "consular processing" and not adjustment of status (I-485) applications filed from within the U.S. Also, [...]

By Dimo Michailov|2010-02-05T11:42:58-05:00February 5th, 2010|Articles, News, Policy, Visa Processing|

USCIS Guidance on H-1B for Contractors and Third-party Worksites

In a January 8, 2010, Memorandum, Donald Neufeld, the Associate Director for Service Center Operations, provides some guidance on the standards for H-1B petitions filed by independent contractors, self-employed beneficiaries, and beneficiaries working at third-party worksites. Focus on Employer-Employee Relationship The guidance is primarily concerned with the employer-employee relationship. Pursuant to the H-1B regulations, an [...]

By Dimo Michailov|2017-05-20T21:49:02-04:00January 19th, 2010|Articles, H-1B, News, Policy|

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