E-Verify (formerly known as the Basic Pilot/Employment Eligibility Verification Program) is a free Internet based system that electronically verifies the employment eligibility of newly hired employees. The verification program has existed for more than a decade, but is now being promoted by the Bush administration as a Homeland Security and…
On June 20, 2008, the Department of State (DOS) revised its regulations governing J-1 visas by publishing the final rulein the Federal Register. The rule creates a new “Student Interns” subcategory to the College and University Student J-1 visa category. Foreign students enrolled and pursuing a degree at post-secondary academic…
The CSPA protects Derivative children of Employment-Based preference categories As mentioned in my previous article, new guidelines issued by the USCIS make the CSPA retroactive to petitions filed prior to August 6, 2002. In addition to applying to children of U.S. Citizens and children of permanent residents, the CSPA also…
The CSPA protects family-based 2(A) preference children of Permanent Residents As mentioned in my previous article, new guidelines issued by the USCIS make the CSPA retroactive to petitions filed prior to August 6, 2002. The CSPA applies to children of Lawful Permanent Residents (“LPR”) if Form I-130 (Petition for Alien…
The CSPA as it relates to U.S. citizens filing petitions on behalf of their children. The CSPA was designed to benefit children who would “age-out” because of processing delays on the part of the U.S. Citizenship and Immigration Services (USCIS) or Department of State. In enacting the CSPA, Congress had…
Dada v. Mukasey, No. 06-1181, 554 U.S. ___ (June 16, 2008) The Supreme Court held that voluntary departure recipients must be permitted to unilaterally withdraw a voluntary departure request before the expiration of the voluntary departure period “to safeguard the right to pursue a motion to reopen.” The Supreme Court…
It is the employer’s responsibility to maintain an audit file for every PERM application they file on behalf of their employees. As a practical matter, it is important to keep accurate and up-to-date records of all employee supporting documentation, especially when dealing with the PERM process. It is important that…
As I had recently mentioned in another one of my other recent blog postings, the American Immigration Lawyers Association (AILA) had reported that the U.S. Citizenship and Immigration Service (USCIS) was going to resume premium processing of I-140 applications for certain individuals. Today, the USCIS released an update and fact…
The H-1B , is an employment based non-immigrant visa, that enables United States employers to seek highly skilled foreigner workers from around the world to increase productivity and develop new innovations within their fields which ultimately helps the U.S. economy. In return, the U.S. remains at the forefront of technology…
EVERY employer needs to complete I-9 forms for every employee hired after November 4, 1986. Under the Immigration Reform and Control Act of 1986 (“IRCA”), all employers must verify that every person that is hired is either: a U.S. citizen, a lawful permanent resident, or a foreign national with authorization…