In an update that addresses one glaring gap in E-Verify, USCIS has announced that Social Security numbers that are used fraudulently (stolen, borrowed or purchased from someone else) will be “locked” in the system, generating...more
The December Visa Bulletin (the infamous “waiting line”) shows forward movement or at least no backward movement for all family-based categories. The continued short waiting line for spouses and minor children for permanent...more
In our final note on the CBP/AILA liaison minutes published this week, we are providing a caution regarding CBP’s interpretation of the automatic visa revalidation rules that could be yet another trap for the unwary, albeit...more
In the CBP/AILA liaison meeting, the minutes of which were published this week (see previous posts for more info), we note another (and even more) disturbing interpretation of immigration law by CBP that could take people by...more
The recent CBP/AILA liaison (referenced in earlier posts) highlights a disturbing interpretation of Canadian entry rules. Although CBP is not always the ultimate arbiter of this issue, it is a development to watch....more
In the recent CBP/AILA liaison meeting (see part 1 of this series for definition of these terms), CBP confirmed that it will be transitioning from the Inspectors Field Manual to an Officer’s Reference Tool to provide guidance...more
The immigrant visa numbers are out for November and fortunately no “retrogression” in the major categories will be seen. (“Retrogression” is when the waiting line moves backward – not a good thing.) Instead many categories...more
President Obama signed into law on October 4, 2013, an extension of the visa program for certain Iraqi nationals to obtain “special immigrant visas”.
To qualify, you must have worked for or on behalf of the U.S....more
While the government shut-down is a big distraction from other issues, the push for immigration reform continues. A new bill has been introduced in the House of Representatives, H.R. 15, "The Border Security, Economic...more
In our view, yes. But in the federal government world, only parts of the immigration process are considered “essential” enough to proceed despite the lack of an approved budget. Even so, many immigration services continue to...more
The Visa Bulletin for September advances many categories and does not “retrogress” the gains from August....more
Department of State and United States Citizenship and Immigration Services have taken active steps to prepare their agencies to receive applications relating to same-sex couples based on the Windsor decision....more
Congress takes a holiday in August. But the members do not go fishing – at least not the whole month! They are conducting town hall meetings, in-person visits with constituents, and in all ways reconnecting with their...more
On June 26, 2013, the U.S. Supreme Court found Section 3 of the Defense of Marriage Act (DOMA) unconstitutional. On the immigration front, this means that a U.S. citizen same-sex spouse who is married to a non-citizen may now...more
If you are an E-Verify user, you know what a “TNC” is. It is a “tentative non-confirmation” provided when information entered in E-Verify cannot immediately be verified in the USCIS/SSA databases....more
The time audit your I-9 practices is now.
OK, we’ll let you finish your summer vacation. But right after that, you really need to dig into the I-9 rules and make sure that your company is in compliance....more
News travels fast, so you may have already heard that the waiting line for the EB2 (advance degree professional) category for India jumped from September 1, 2004, in July to January 1, 2008, for August....more
The waiting line for immigration of family members and those sponsored by their employers moves according to determinations made by the Department of State (DOS) each month....more
In a past blog, we discussed practical steps to take when you find that an employee has been using a false ID and wants to “fix it”. That blog assumed that the company wants to continue the employment and was focused on the...more
The Senate voted to close debate on the bi-partisan immigration reform proposal by a wide margin, 67 voting in favor. While there is no guarantee that a Senator that voted to close debate will vote for the bill (or vice...more
A message from our friend Jeremy Robbins Director of the Partnership for a New American Economy is below. The Partnership held one of its first events in Iowa with the Iowa Immigration Education Coalition. It is a bipartisan...more
OK, here we go. After months of “behind the scenes” work, the immigration reform bill hits prime time in the Senate.
The American Immigration Lawyers has issued an overview of the process in a “what to expect”...more
The front page of the Monday, June 3, 2013, Wall Street Journal featured the headline, “Risk-Averse Culture Infects U.S. Workers, Entrepreneurs.” The story explores the question of whether our collective fear of risk is...more
Another recent I-9 case shows how the preference for small employers works in the OCAHO (Office of Chief Administrative Hearing Officer) context*.
In a recent decision*, OCAHO (Office of the Chief Administrative Hearing Officer) rejected the argument that ICE has too much discretion in determining what is a “technical” violation (which can be corrected with no fine) and...more