Eileen Momblanco

Eileen Momblanco

Laner Muchin, Ltd.

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Employers That Need To File H-1B CAP Cases Will Now Need To Wait Until FY 2017

In April 2015, the U.S. Citizenship and Immigration Services (USCIS) announced that it received enough H-1B petitions to reach the statutory cap of 85,000 total visas for fiscal year 2016, within the first week of the filing...more

7/9/2015 - Filing Deadlines H-1B Human Resources Professionals USCIS Visas

Department of Homeland Security Announces New Employment Authorization Eligibility for Certain H-4 Spouses of H-1B Professional...

On February 25, 2015, the U.S. Department of Homeland Security (DHS) announced that effective May 26, 2015, the agency will extend eligibility for employment authorization to certain H-4 dependent spouses of H-1B...more

3/17/2015 - DHS Employment Authorization Document Executive Orders H-4 Spouses Non-Immigrant Visas Permanent Residence Cards

Minnesota Staffing Company Fined $227,000 For I-9 Violations

A Minnesota-based staffing firm was recently ordered to pay a $227,000 fine for violations of the Immigration and Nationality Act, including false attestations made on I-9 forms. ...more

2/19/2015 - Corporate Fines Employer Liability Issues False Statements I-9 Staffing Agencies

Now Is The Time To Initiate H-1B Cap Petitions For Foreign Students Or National Candidates Currently Abroad

The United States Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions for Fiscal Year 2016 starting April 1, 2015. The allotted number of H-1B petitions that the USCIS will accept, known as...more

2/12/2015 - Filing Season H-1B Highly-Skilled Workers Visa USCIS Visa Caps Visas

President Obama Issues Executive Order On Immigration

On November 20, 2014, President Obama announced an Executive Order on Immigration Reform, which will impact U.S. businesses, as well as certain individuals currently present in the U.S. in undocumented status....more

1/26/2015 - Barack Obama Deportation Executive Orders Green Cards H-4 Spouses H1-B Highly-Skilled Workers Visa Immigration Immigration Procedures Immigration Reform Visas

Employer Held Personally Liable For $1.1 Million For Back Wages And Business Expenses Of Obtaining H-1B Visas And J-1 Waivers

The United States Court of Appeals for the Sixth Circuit recently held that the owner of several medical clinics in Tennessee and Florida was personally liable for back wages, the costs of obtaining H-1B and J-1 waivers...more

12/29/2014 - Appeals Employer Liability Issues H-1B J-1 Visas Personal Liability Physicians Popular Unpaid Wages Waivers

President Obama Postpones Executive Action On Immigration Reform Until After The November Elections

On Saturday, September 6, 2014, President Obama stated that he would not pursue executive action to stop the deportations of millions of undocumented immigrants until after the November midterm elections. This is contrary to...more

10/7/2014 - Barack Obama Deportation Executive Orders Immigrants Immigration Reform

U.S. Department of State Computer System Crash Leads to Worldwide Delays with Passport and Visa Applications

In July 2014, the U.S. Department of State (DOS) issued a notice stating that the U.S. Consular Consolidated Database (CCD) at the State Bureau of Consular Affairs was experiencing technical problems with its passport/visa...more

8/8/2014 - Delays Department of State Passports Technology Visas

Availability of Non-Immigrant Visa Appointments in Canada Extremely Limited During Summer Months

The U.S. Department of State recently announced that due to increasingly heavy demand by Canada-based visa applicants, the seven U.S. visa processing posts in Canada are extremely limited in their ability to accept Third...more

7/9/2014 - Canada Department of State Immigrants Visas

The U.S. Department Of Justice Confirms That Participation In E-Verify Does Not Provide Blanket Protection to Employers

In U.S. v. Golf International, an employer contended that E-Verify participation should entitle it to a presumption that it did not violate immigration laws after being issued an initial fine of $136,697 for failing to...more

6/27/2014 - DOJ E-Verify Employer Liability Issues Hiring & Firing I-9 Immigration Records OCAHO

Complete Travel History Summaries Now Available to Foreign Nationals Via U.S. Customs and Border Protection Website

On May 1, 2014, the U.S. Customs and Border Protection (CBP) launched a new website which now offers foreign nationals access to their complete travel history, including dates of entries and exits from the United States, and...more

5/12/2014 - Customs and Border Protection FOIA Foreign Nationals Travel

U.S. Government Issues Helpful Hints Regarding Marketplace Health Insurance Coverage and Immigration Status

In mid-March, the U.S. Citizenship and Immigration Services issued a notice including helpful hints for individuals who may have questions regarding their immigration status and how this may or may not affect eligibility for...more

4/18/2014 - Affordable Care Act Green Cards Healthcare Lawful Permanent Residents Public Health Insurance Marketplace Residency Status USCIS

U.S. Department of Justice Cautions Employers to Ensure that Electronic I-9 Systems Comply with I-9 Requirements

In a recent meeting between the U.S. Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) and the American Immigration Lawyers Association, the OSC cautioned that...more

3/12/2014 - DOJ E-Verify Hiring & Firing Human Resources Professionals I-9 Immigration and Nationality Act New Hires OSC Personnel Records

In-Person Visa Interviews May Now Be Waived By Consular Officers For Visa Renewals Of Certain Foreign National Applicants

In January 2012, the U.S. Department of State introduced a two-year visa interview waiver pilot program, which was the cornerstone of President Obama’s initiative to improve and speed up the visa process for certain...more

1/28/2014 - Department of State H-1B Visas

NLRB Partners With The U.S. Department Of Justice To Address Unfair Labor Practices And Employment Discrimination

This summer, the U.S. Department of Justice announced that the Office of Special Counsel for Immigration-Related Unfair Employment Practices (“OSC”) signed a Memorandum of Understanding (“MOU”) with the National Labor...more

1/9/2014 - Compliance Discrimination DOJ Memorandum of Understanding NLRB Unfair Labor Practices

Get Your Form I-9 House In Order And Consider Using E-Verify in 2014

The U.S. Immigration and Customs Enforcement (ICE) has recently enhanced its worksite enforcement activities, under a directive from former Homeland Security Secretary Janet Napolitano to shift enforcement to employers to...more

1/9/2014 - E-Verify Hiring & Firing I-9 Immigration Procedures Immigration Reform Janet Napolitano New Hires Unlawful Aliens

USCIS Announces New Security Enhancement Tool for E-Verify System to Combat Fraudulent Use of Social Security Numbers

This month, U.S. Citizenship and Immigration Services (USCIS) announced a new enhancement to its E-Verify system aimed at combating identity fraud by identifying and deterring fraudulent use of Social Security Numbers (SSN)...more

12/5/2013 - E-Verify Immigrants Social Security Numbers USCIS

Indian Corporation Pays Record Fine Of $34 Million To U.S. Government To Settle Allegations Of Systemic Visa Fraud And Abuse Of...

Infosys Corporation, an Indian corporation with offices in 17 cities in the U.S., has agreed to a civil settlement of $34 million to settle allegations of systemic visa fraud and abuse of immigration processes in the B-1 visa...more

11/19/2013 - B-1 Fraud Fraud and Abuse H-1B I-9 Immigrants Visas

President Obama Pushes Reform Of "Broken Immigration System, But Prospects For Immigration Bill Remain Poor

On October 24, 2013, President Obama expressed the need for immigration reform, stating “[i]t doesn’t make sense to have 11 million people who are in this country illegally without any incentive or any way for them to come...more

10/31/2013 - Barack Obama Immigration Reform

Immigration Shutdown: Green Card Process Delayed And E-Verify Unavailable During Government Shutdown

The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC), which processes Applications for Permanent Employment Certification (the first stage of the green card process), prevailing wage requests and Labor...more

10/15/2013 - E-Verify Government Shutdown Green Cards H-1B OFLC USCIS

Immigration Reform Update: Key House Republicans State That A Scaled Back Immigration Bill Is Still On Its Agenda

Since the U.S. Senate approved a bipartisan Comprehensive Immigration Reform plan in June, attention has turned to the U.S. House of Representatives to see if an overhaul of the current immigration system will take place this...more

10/7/2013 - Immigration Reform Political Debates

Is Mandatory E-Verify On The Horizon?

In June 27, 2013, the U.S. Senate passed S.744, the Comprehensive Immigration Reform bill introduced by a bipartisan group of senators known as the "Gang of Eight." One of the main tenets of the bill is a path to...more

9/30/2013 - E-Verify I-9 Immigration Reform Proposed Legislation Undocumented Immigrants USCIS

Employers Assessed Over $26,000,000 In Civil And Criminal Fines For Immigration-Related Violations In Fiscal Year 2012

In August 2013, the Congressional Research Service (CRS) published its Report for Members and Committees of Congress regarding Immigration-Related Worksite Enforcement performance measures. This report, which is based on data...more

9/18/2013 - Civil Monetary Penalty Criminal Sanctions Employer Liability Issues Fines I-9 ICE Visas

USCIS Warns Foreign Nationals and Employers of Recent Telephone Scams Requesting Payment for Supposed Immigration Issues

The U.S. Citizenship and Immigration Services (USCIS) recently learned of a new telephone scam targeting individuals and employers with applications pending with the USCIS. ...more

9/5/2013 - Foreign Nationals Immigrants Scams USCIS Visas

Department Of Justice And NLRB Agree To Begin Referring Employee Claims To One Another

In July 2013, the U.S. Department of Justice announced that the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) signed a Memorandum of Understanding (MOU) with the National Labor Relations...more

8/20/2013 - Citizenship Discrimination DOJ E-Verify Hiring & Firing I-9 Immigration and Nationality Act Information Sharing Memorandum of Understanding National Origin NLRB

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