Immigration Updates

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North Carolina Legislative Report

The General Assembly’s Short Session began Wednesday, May 14, 2014. The MVA Public Affairs Legislative Report on North Carolina will be distributed weekly to keep you up to date on the latest legislative issues facing the...more

USCIS Issues Policy Memorandum Regarding H-1B Petitions for Nursing Occupations

As a general matter, most registered nurse (RN) positions do not qualify as H-1B specialty occupation positions because they do not normally require a U.S. bachelor’s or higher degree in nursing or its equivalent as the...more

USCIS Rolls Out Full-Scale Implementation of L-1 Site Visit Program: Employers of L-1 Transferees Should Now Set up Processes to...

U.S. Citizenship and Immigration Services’ (USCIS) Fraud Detection and National Security (FDNS) Directorate has recently begun implementation of an L-1 site inspection program in response to an August 2013 report released by...more

Immigration Compliance Alert: Use Caution When Terminating H-1B Employees

An employer planning to terminate an employee on H-1B visa status needs to ensure that the termination is undertaken in compliance with not only the employment contract and applicable state and federal law, but also in...more

Under the Dome: Inside the Maine State House

In recent months, a federal political issue has developed regarding undocumented immigrants crossing into the United States. This week, it was revealed that this issue touches on Maine, when Governor LePage was notified by...more

IRCA Does Not Preempt FEHA, But Limits Available Remedies

In Salas v. Sierra Chemical Co., the California Supreme Court addressed the issue of whether the federal Immigration Reform and Control Act (“IRCA”) preempts the application of the antidiscrimination provisions of...more

State Department Says Computer Glitch Has Caused a World-Wide Delay in Visa and Passport Processing

A State Department spokesperson has stated that technological glitches in the Consular Consolidated Database have caused the system to crash, resulting in significant delays in the processing of visas and passports for...more

Doing Business in Canada: Immigration Restrictions

IMMIGRATION RESTRICTIONS - This section provides a general overview of immigration solutions for foreigners entering Canada as business visitors or temporary workers, including basic information about the visa...more

Employment Issues in the United Arab Emirates

The purpose of this memorandum is to summarise employment issues arising in the United Arab Emirates (UAE). This note focuses on the UAE Federal Law No. 8 of 1980 (the Labour Law). It also describes the employment law that...more

Florida Driver’s Licenses Issued to Individuals With Approved I-601A Provisional Waivers

The Florida Department of Highway Safety and Motor Vehicles (“FLHSMV”) regularly publishes a list of documents that it will accept as proof of immigration status in connection with an application for a Florida Driver’s...more

Weekly Update from the NC State House - July 2014: The Senate was busy this week with the Rules committee meeting Tuesday,...

This Week - The Senate was busy this week with the Rules committee meeting Tuesday, Wednesday and Thursday mornings to push last minute legislative priorities through the chamber as lawmakers continue to creep towards...more

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

Statute of Limitations Waiver in Employment Application Enforceable Against ESL Immigrant, New Jersey Appellate Division Holds

On June 19, 2014, the New Jersey Appellate Division continued recent willingness of New Jersey courts to enforce employment applications that shorten the statute of limitations for employment-related claims, this time...more

Immigration Crisis at the Border

Since last October, tens of thousands of unaccompanied minors and women with children have traveled from Central America to turn themselves over to border patrol units along our southern border with Mexico. As a result, ICE...more

Immigration Corner: "Extraordinary Circumstances" Under the Child Status Protection Act, E-Verify Listens to You, and It's Time to...

United States Citizenship and Immigration Services (USCIS) published an Interim Policy Memorandum (PM-602-0097) on June 6, 2014, supplementing Chapter 21.2(e) of the Adjudicator’s Field Manual regarding exercising discretion...more

EOIR Seeks to Designate Temporary Immigration Judges

The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. EOIR’s immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. They...more

Deficient Approval Notices Issued

The U.S. Citizenship and Immigration Services (“USCIS”) has reported that a recent problem resulting in the issuance of deficient approval notices has been resolved. The error occurred at the California Service Center (“CSC”)...more

USCIS Branch Quietly Turning E-Verify Mistakes into DOJ, ICE Enforcement Actions

If you have been following their press releases, complaints, and settlement agreements over the past several months, the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices...more

More Executive Action on Immigration Reform: Work Authorization For H-4 Spouses

In a new draft rule notable not only for its substantive content but also for the fact that it represents another incremental immigration reform measure undertaken by executive action in lieu of stalled Congressional...more

Department of State Releases August 2014 Visa Bulletin

The bulletin shows minor advancement in the EB-2 category for applicants chargeable to India and China as well as significant advancement in the EB-3 category for applicants chargeable to China and the Philippines, minor...more

California Employment Law Notes - July 2014

"Unauthorized Alien" Who Provided False SSN Can Proceed With Disability Discrimination Lawsuit - Salas v. Sierra Chem. Co., 2014 WL 2883878 (Cal. S. Ct. 2014) Vicente Salas worked on Sierra Chemical's production...more

BIA Holds Physical Presence of Parent Cannot be Imputed to Child for TPS Purposes

The Board of Immigration Appeals (BIA) held recently in Matter of Duarte-Luna, 26 I&N Dec. 325 (BIA 2014), that the continuous physical presence of a parent could not be imputed to a minor child for purposes of Temporary...more

Under the Dome: Inside the Maine State House

In recent weeks, Governor LePage and the Department of Health and Human Services have disagreed with Attorney General Janet Mills regarding the Administration’s ability to influence whether municipalities distribute General...more

How Can I Bring My Family to the U.S. If I Have a Temporary Work Visa?

When a foreign national comes into the U.S. under a temporary work visa, the individual often wants to bring his or her family into the U.S. as well. Depending on the work visa obtained, the duration of the stay, and the...more

Importance of Hiring a Lawyer in the Immigration Process

When a foreign national wishes to come into the United States – whether for school, to work, or with family – certain immigration documents must be obtained. Depending on your reason for coming to the U.S., the duration of...more

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