Latest Publications

Share:

OCAHO Significantly Reduces Fine After Finding No Unauthorized Employees

On June 30, 2014, the Office of the Chief Administrative Hearing Officer (OCAHO), which is responsible for review of penalties imposed by the U.S. Immigration and Customs Enforcement (ICE) for I-9 compliance violations,...more

9/12/2014 - I-9 ICE Immigrants OCAHO Visas

DOS Alert: China EB-5 “Unavailable” for Remainder of FY2014

According to the U.S. Department of State, effective Saturday, August 23, 2014, the China Employment Fifth (EB-5) preference category has become "Unavailable" for the remainder of the fiscal year 2014. This action is...more

8/29/2014 - China Department of State EB-5 Immigrants Visas

"Surge Docket” for New York Minors

An immigration court in New York has begun what it is calling “surge docket” proceedings for unaccompanied minors. The court, which typically sees less than 100 minor cases per month, is now taking on around at least 30 cases...more

8/22/2014 - Minors Unaccompanied Minors

BALCA Holds That, Despite Typographical Error on ETA 9089, Audit Materials Demonstrated Compliance

Before an employer may file an application under the Permanent Employment Certification (PERM) process, it must test the labor market to ensure that there are not sufficient U.S. workers who are able, willing, qualified, and...more

8/18/2014 - Audits BALCA DOL PERM

What’s Going On With Consular Delays? (Part 2)

As we previously reported, the U.S. Department of State Bureau of Consular Affairs has been experiencing technical problems with its passport and visa system causing delays. The Department reports that it has made significant...more

8/7/2014 - Delays Department of State Passports Visas

What’s Going On With Consular Delays? (Part 1)

The U.S. Department of State Bureau of Consular Affairs is currently experiencing technical problems with its passport and visa system. Consular services are operational, but currently issuing documents at a reduced capacity....more

7/31/2014 - Delays Department of State Passports Visas

Immigration Court Backlog Reaches All-Time High Due to Influx of Juvenile Immigrants

According to data obtained by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, as of the end of June 2014, the number of cases awaiting resolution before the Immigration Courts has reached 375,503...more

7/18/2014 - Immigrants Unaccompanied Minors USCIS

Duplicate E-Verify Entries

A new feature in E-Verify will now provide a notification to users when a case is entered that includes the same Social Security number as another case entered in the previous 30 days. Oftentimes duplicate cases are entered...more

6/27/2014 - E-Verify Immigrants USCIS Visas

OCAHO Reduces I-9 Fine from $90K to $25K

The Office of the Chief Administrative Hearing Officer (OCAHO) has jurisdiction to review penalties imposed by the U.S. Immigration and Customs Enforcement (ICE) for I-9 compliance violations. In calculating the amount of the...more

6/20/2014 - Audits Fines I-9 ICE Jurisdiction OCAHO

No Immigration in House Plans for June

Proponents of immigration reform have been waiting with bated breath to see whether the topic will be taken up in the House any time soon. It looks like that will not happen, at least not in the month of June. ...more

6/13/2014 - Immigration Reform Legislative Agendas

Revised USCIS Guidance: Form I-693 No Longer Required As Initial Evidence

Generally, all applicants for adjustment of status to that of a lawful permanent resident must submit Form I-693, Report of Medical Examination and Vaccination Record, completed by a physician designated by the U.S....more

6/6/2014 - Evidence Immigrants Medical Examinations USCIS Visas

Military Attempts to Expand Recruitment Beyond Residents and Citizens

The Pentagon announced recently that it is considering ways in which to expand its ability to recruit beyond lawful permanent residents (“LPRs”) and U.S. citizens. Typically, enlistment is only open to LPRs and citizens....more

5/30/2014 - Citizens DOD Immigrants Lawful Permanent Residents

OCAHO Finds E-Verify Participation Does Not Provide Blanket Protection

E-Verify is the internet based system through which employers can verify the work eligibility of new hires. Upon hiring a new employee, the employer checks the employee’s information against Department of Homeland Security...more

5/22/2014 - E-Verify OCAHO Social Security Social Security Adminstration

Surprise Site Visits for L-1 Employers Expected

Fraud Detection and National Security (FDNS), a faction of U.S. Citizenship and Immigration Services (USCIS), confirmed recently in a stakeholder teleconference that the FDNS plans to start making surprise visits to employers...more

5/16/2014 - Fraud H-1B Immigrants Inspections L-1 USCIS Visas

OCAHO Fines Construction Company $228,000 for I-9 Violations

A recent assessment by the Office of the Chief Administrative Hearing Officer (OCAHO) resulted in a fine of $228,000 against M&D Masonry, a Georgia construction contractor, for I-9 violations. Immigration and Customs...more

5/2/2014 - Construction Workers Contractors Fraud I-9 ICE Immigrants OCAHO

Michigan Becomes Second State Approved EB-5 Regional Center

The State of Michigan announced last week that it received approval by the U.S. Citizenship and Immigration Services (USCIS) to operate a government run EB-5 regional center. The regional center will be the second state-run...more

4/18/2014 - EB-5 Economic Development Foreign Nationals Investors USCIS

Chilean Visa Waiver Implementation Accelerated

Recently, the United States announced that Chile would be added to the list of countries whose nationals are eligible to enter the U.S. under the Visa Waiver Program (“VWP”). May 1, 2014, was the original implementation date,...more

4/14/2014 - Immigrants Visas Waivers

Supreme Court Won’t Hear Immigration Enforcement Case

The Supreme Court is refusing to hear a Maryland immigration enforcement dispute. The Court announced it won't hear Frederick County’s appeal of a ruling last August by the 4th U.S. Circuit Court of Appeals. The dispute now...more

3/27/2014 - Immigration Enforcement SCOTUS

Chile Newest Visa Waiver Country

Beginning May 1, 2014, Chile will become the latest country to join the US' Visa Waiver program. This means that Chilean passport holders with 1) an approved Electronic System for Travel Authorization (“ESTA”) and 2) an...more

3/18/2014 - ESTA Travel Visas Visitors

How Do I Correct My Immigration Records After Resolving a Tentative Non-confirmation?

E-Verify compares information from an employee's Form I-9, Employment Eligibility Verification, to information compiled from various government agencies. If the information matches, the employee is eligible to work in the...more

3/4/2014 - E-Verify Immigration Records Recordkeeping Requirements Tentative Nonconfirmation USCIS

Canada’s Immigrant Investor Program Ends, Increases U.S. Opportunities

Earlier this month, Canada’s Economic Action Plan 2014 announced that the country would be ending its Immigrant Investor Program (IIP). The Canadian government made the decision to end the program in order to eliminate a...more

2/27/2014 - Canada Immigrants Investors Visas

Important Announcement for DACA Recipients

If you were granted Deferred Action for Childhood Arrival (“DACA”) status by U.S. Immigration and Customs Enforcement prior to August 15, 2012, or if you are a DACA recipient...more

2/25/2014 - DACA ICE Immigrants

Employers Beware

As regularly reported in the news, the crackdown on employers by the federal government continues. If your company is targeted and I-9 violations are discovered, fines for simple paperwork violations, even if no undocumented...more

2/25/2014 - Employer Liability Issues I-9 Penalties Undocumented Immigrants USCIS Visas

Fiscal Year 2015 H-1B Filings

A reminder that filings requesting an H-1B number for Fiscal Year 2015 (beginning October 1, 2014) can be submitted to USCIS starting April 1, 2014. ...more

2/14/2014 - Filing Requirements H-1B Immigrants USCIS Visas

OPT STEM Extension Applications Denied in Error

The U.S. Citizenship and Immigration Services (USCIS) announced recently that it has come to the attention of its Service Center Operations (SCOPS) that certain optional practical training (OPT) science, technology,...more

2/14/2014 - STEM USCIS

125 Results
|
View per page
Page: of 5