The Department of Homeland Security (DHS) is amending its regulations governing the types of
acceptable identity and employment authorization documents and receipts that employees may present to their employers for completion of the Form I–9, Employment Eligibility Verification.
Under this interim rule, employers will no longer be able to accept expired documents to verify employment authorization on the Form I–9. This rule also adds a new document to the list of
acceptable documents that evidence both identity and employment authorization and makes several technical corrections and updates.
This rule is effective February 2, 2009.
Read more at:
http://edocket.access.gpo.gov/2008/pdf/E8-29874.pdf
www.cundyandmartin.com
Minnesota Immigration Lawyers
Wednesday, December 17, 2008
Monday, December 8, 2008
How long can a Green Card holder stay outside of the United States?
Losing Permanent Residence Because of Travel
By Minnesota Immigration Lawyer - www.cundyandmartin.com
There are many myths about how long a permanent resident (green card holder) may remain outside of the United States before losing his or her green card status. This article will address some of those myths and provide the information necessary to try and avoid getting into trouble due to staying outside of the U.S. longer than the immigration law permits.
Myth 1 - “Now that I have my green card I can move back to my country.”
If you remain outside of the U.S. for more than one year continuously, you may lose your green card automatically. The Immigration Service takes the position that if you stay out this long, you have abandoned your green card status.
Myth 2 - “If I visit the U.S. once a year I’ll be okay.”
This is wrong. The law and the Immigration Service look to your “intent” or the purpose of your travel, not just whether you have returned to the U.S. once in a while. In fact, even if you travel to the U.S. frequently but you are living abroad, the Immigration Service may find that you have abandoned your residence and revoke your green card. The test is whether you intended to be abroad temporarily or whether you plan to live abroad permanently, not simply the time you spend outside of the U.S.
For example, if a person stays outside of the U.S. continuously and returns every few months but has no “roots” in the U.S., such as a job, bank accounts, a home, yearly tax returns, etc., the Immigration Service may find abandonment. On the other hand, if a person has strong ties to the U.S. but only returns once a year because he or she is abroad taking care of an ill or elderly family member, a finding of abandonment would not be appropriate if all other aspects of the person’s life establish that he or she has no intent of abandoning his or her residence (e.g., maintains a home, pays taxes, owns a business, etc.).
In determining whether a person has abandoned his residence, the courts have generally looked at the following factors: a. Purpose of departure; b. Existence of fixed termination date for visit abroad; and c. Objective intention to return to U.S. as place of permanent employment or actual home.
“How will the Immigration Service know how long I’ve been gone?”
This typically occurs either at the time you return to the U.S. and come through customs or when you apply for citizenship and the Immigration Service inquires about your travels.
“It is important to note that you have the right to contest the Immigration Service’s allegation that you have abandoned your residence.”
In order to prevail on a finding that someone has abandoned her green card status, the Immigration Service must prove by “clear, unequivocal and convincing evidence” that residence has been abandoned.
If it was not your intent to abandon your residence and you maintained strong ties to the U.S., do not be intimidated by the Immigration Service merely because an immigration officer makes allegations of abandonment – make them prove it!
Myth 3 - “I am automatically eligible for citizenship after five years.”
One last point about traveling abroad is that it may effect your eligibility for U.S. citizenship. In addition to maintaining your ties to the U.S., you must also be physically present in the U.S. for certain periods of time in order to be eligible for citizenship. Generally, you must be physically present in the U.S. for at least half of the previous five years.
For most travelers, abandonment of residence will not be an issue, but for those who stay outside the U.S. for extended periods of time, the above tips should be kept in mind.
Minnesota Immigration Lawyer - www.immigrationlawmn.com
By Minnesota Immigration Lawyer - www.cundyandmartin.com
There are many myths about how long a permanent resident (green card holder) may remain outside of the United States before losing his or her green card status. This article will address some of those myths and provide the information necessary to try and avoid getting into trouble due to staying outside of the U.S. longer than the immigration law permits.
Myth 1 - “Now that I have my green card I can move back to my country.”
If you remain outside of the U.S. for more than one year continuously, you may lose your green card automatically. The Immigration Service takes the position that if you stay out this long, you have abandoned your green card status.
Myth 2 - “If I visit the U.S. once a year I’ll be okay.”
This is wrong. The law and the Immigration Service look to your “intent” or the purpose of your travel, not just whether you have returned to the U.S. once in a while. In fact, even if you travel to the U.S. frequently but you are living abroad, the Immigration Service may find that you have abandoned your residence and revoke your green card. The test is whether you intended to be abroad temporarily or whether you plan to live abroad permanently, not simply the time you spend outside of the U.S.
For example, if a person stays outside of the U.S. continuously and returns every few months but has no “roots” in the U.S., such as a job, bank accounts, a home, yearly tax returns, etc., the Immigration Service may find abandonment. On the other hand, if a person has strong ties to the U.S. but only returns once a year because he or she is abroad taking care of an ill or elderly family member, a finding of abandonment would not be appropriate if all other aspects of the person’s life establish that he or she has no intent of abandoning his or her residence (e.g., maintains a home, pays taxes, owns a business, etc.).
In determining whether a person has abandoned his residence, the courts have generally looked at the following factors: a. Purpose of departure; b. Existence of fixed termination date for visit abroad; and c. Objective intention to return to U.S. as place of permanent employment or actual home.
“How will the Immigration Service know how long I’ve been gone?”
This typically occurs either at the time you return to the U.S. and come through customs or when you apply for citizenship and the Immigration Service inquires about your travels.
“It is important to note that you have the right to contest the Immigration Service’s allegation that you have abandoned your residence.”
In order to prevail on a finding that someone has abandoned her green card status, the Immigration Service must prove by “clear, unequivocal and convincing evidence” that residence has been abandoned.
If it was not your intent to abandon your residence and you maintained strong ties to the U.S., do not be intimidated by the Immigration Service merely because an immigration officer makes allegations of abandonment – make them prove it!
Myth 3 - “I am automatically eligible for citizenship after five years.”
One last point about traveling abroad is that it may effect your eligibility for U.S. citizenship. In addition to maintaining your ties to the U.S., you must also be physically present in the U.S. for certain periods of time in order to be eligible for citizenship. Generally, you must be physically present in the U.S. for at least half of the previous five years.
For most travelers, abandonment of residence will not be an issue, but for those who stay outside the U.S. for extended periods of time, the above tips should be kept in mind.
Minnesota Immigration Lawyer - www.immigrationlawmn.com
Wednesday, November 12, 2008
Learn English With Help from Government
The information below is from the U.S. Department of Education and provided as a courtesy of Cundy & Martin, LLC, Minnesota Family, Divorce, and Immigration Lawyers www.cundyandmartin.com .
The U.S. Department of Education today launched U.S.A. Learns, a free Web site to help immigrants learn English. The Web site, which is located at www.USALearns.org, provides approximately 11 million adults who have low levels of English proficiency with easily accessible and free English language training.
"America's limited-English adults will now have readily available materials to improve their literacy and help them become more productive workers, better parents, engaged community members and active citizens," said Troy Justesen, assistant secretary for the Office of Vocational and Adult Education.
Launch of the site completes one of the goals in President Bush's Aug. 10, 2007, announcement of 26 immigration reforms that his Administration would pursue within existing law -- including the assimilation of new citizens and helping immigrants learn English to expand their opportunities in America. Recognizing that "[k]nowledge of English is the most important component of assimilation" and "an investment in tools to help new Americans learn English will be repaid many times over," the Administration pledged to launch a free, Web-based portal to help immigrants learn English.
The U.S. Department of Education today launched U.S.A. Learns, a free Web site to help immigrants learn English. The Web site, which is located at www.USALearns.org, provides approximately 11 million adults who have low levels of English proficiency with easily accessible and free English language training.
"America's limited-English adults will now have readily available materials to improve their literacy and help them become more productive workers, better parents, engaged community members and active citizens," said Troy Justesen, assistant secretary for the Office of Vocational and Adult Education.
Launch of the site completes one of the goals in President Bush's Aug. 10, 2007, announcement of 26 immigration reforms that his Administration would pursue within existing law -- including the assimilation of new citizens and helping immigrants learn English to expand their opportunities in America. Recognizing that "[k]nowledge of English is the most important component of assimilation" and "an investment in tools to help new Americans learn English will be repaid many times over," the Administration pledged to launch a free, Web-based portal to help immigrants learn English.
Thursday, November 6, 2008
Labor Certification - How much effort must an employer make to contact applicants?
By Vincent Martin, Bloomington, Minnesota, Immigration Lawyer
In a recent labor certification case, the Board of Alien Labor Certification Appeals (BALCA) held that an employer must do more in its attempts to contact applicants than email and telephone calls.
"What constitutes a reasonable effort to contact a qualified U.S. applicant depends on the particular facts of the case under consideration. Where an employer establishes timely, actual contact, ipso facto, a reasonable effort is proved. HRT Clinical Laboratory, 1997-INA-362 (March 10, 1998). In some circumstances it requires more than a single type of attempted
contact. Yaron Development Co., Inc., 1989-INA-178 (Apr. 19, 1991) (enbanc). An employer who does no more than make unanswered phone calls or leave a message on an answering machine has not made a reasonable effort to contact the U.S. worker, where the addresses were available for applicants; in such a case the employer should follow up with a letter –which may be certified mail, return receipt requested. Any Phototype, Inc., 1990-INA-63 (May 22, 1991); Gambino’s Restaurant, 1990-INA-320 (Sept. 17, 1991). M.N. Auto Electric Corp., USDOL/OALJ Reporter at 10-11.
contact. Yaron Development Co., Inc., 1989-INA-178 (Apr. 19, 1991) (enbanc). An employer who does no more than make unanswered phone calls or leave a message on an answering machine has not made a reasonable effort to contact the U.S. worker, where the addresses were available for applicants; in such a case the employer should follow up with a letter –which may be certified mail, return receipt requested. Any Phototype, Inc., 1990-INA-63 (May 22, 1991); Gambino’s Restaurant, 1990-INA-320 (Sept. 17, 1991). M.N. Auto Electric Corp., USDOL/OALJ Reporter at 10-11.
In the instant case, the Employer argued that its efforts to telephone or email two of the applicants in order to schedule an interview constituted good faith recruitment because such a procedure is the way recruitment normally occurs in its business. We agree with the CO, however, that what may be considered adequate recruitment by anemployer for routine hiring is not necessarily adequate to establish good faith efforts to recruit U.S. workers for the purposes of supporting a labor certification application. Clearly, sending a recruitment letter to the two applicants who could not be reached by telephone would not be an undue burden. In the instant case, there is no evidence that the Employer attempted any alternative means of contact, by certified mail or regular mail, despite the unsuccessful telephone calls and email. The Employer’s meager steps toward trying to reach applicants show a minimal effort that by itself does not equate to a good faith recruitment effort. The Employer's effort must show that it seriously wanted to consider the U. S. applicant for the job, not to merely go through the motions of a
recruiting effort without serious intent. Dove Homes, Inc., 1987-INA-680 (May 25, 1988)
(en banc); Suniland Music Shoppes, 1988-INA-93 (Mar. 20, 1989) (en banc)."
BALCA Case No.: 2008-INA-00065
Tuesday, November 4, 2008
Immigration Help for Military
Information Help for Members of the Military and Their Families
Military Help Line
USCIS has established a toll-free military help line, 1-877-CIS-4MIL (1-877-247-4645), exclusively for members of the military and their families. USCIS customer service specialists are available to answer calls Monday through Friday from 8 a.m. until 4:30 p.m. (CST), excluding federal holidays. After-hours callers will receive an email address that they can use to contact USCIS for assistance. Callers will receive assistance with immigration-related information, such as:
Tracking their application for naturalization (Form N-400);
Notifying USCIS of a new mailing address or duty station;
Checking the status of an application or petition;
Bringing a spouse, fiancé(e) or adopted child to the United States;
Obtaining posthumous citizenship for a deceased member of the Armed Services; and
Submitting an application for expedited processing.
Service members and their families stationed in the United States or overseas may access the help line using the toll-free number, through their base telephone operator or using the Defense Switched Network (DSN). Operators will ask members of the general public to call our main customer service line: 1-800-375-5283.
Military Help Line
USCIS has established a toll-free military help line, 1-877-CIS-4MIL (1-877-247-4645), exclusively for members of the military and their families. USCIS customer service specialists are available to answer calls Monday through Friday from 8 a.m. until 4:30 p.m. (CST), excluding federal holidays. After-hours callers will receive an email address that they can use to contact USCIS for assistance. Callers will receive assistance with immigration-related information, such as:
Tracking their application for naturalization (Form N-400);
Notifying USCIS of a new mailing address or duty station;
Checking the status of an application or petition;
Bringing a spouse, fiancé(e) or adopted child to the United States;
Obtaining posthumous citizenship for a deceased member of the Armed Services; and
Submitting an application for expedited processing.
Service members and their families stationed in the United States or overseas may access the help line using the toll-free number, through their base telephone operator or using the Defense Switched Network (DSN). Operators will ask members of the general public to call our main customer service line: 1-800-375-5283.
If you are unsuccessful in getting your answers from USCIS, please feel free to contact our office at vmartin@cundyandmartin.com or www.cundyandmartin.com for help from a Minnesota Immigration Lawyer.
Thursday, October 16, 2008
Selective Service for Immigrants
The following is from the U.S. Selective Service System:
ATTENTION, UNDOCUMENTED MALES & IMMIGRANT SERVICING GROUPS!
If you are a man ages 18 through 25 and living in the U.S., then you must register with Selective Service. It’s the law. You can register at any U.S. Post Office and do not need a social security number. When you do obtain a social security number, let Selective Service know. Provide a copy of your new social security number card; being sure to include your complete name, date of birth, Selective Service registration number, and current mailing address; and mail to the Selective Service System, P.O. Box 94636, Palatine, IL 60094-4636.
Be sure to register before your 26th birthday. After that, it’s too late!
Selective Service does not collect any information which would indicate whether or not you are undocumented. You want to protect yourself for future U.S. citizenship and other government benefits and programs by registering with Selective Service. Do it today.
www.cundyandmartin.com
Minnesota Immigration Lawyers
ATTENTION, UNDOCUMENTED MALES & IMMIGRANT SERVICING GROUPS!
If you are a man ages 18 through 25 and living in the U.S., then you must register with Selective Service. It’s the law. You can register at any U.S. Post Office and do not need a social security number. When you do obtain a social security number, let Selective Service know. Provide a copy of your new social security number card; being sure to include your complete name, date of birth, Selective Service registration number, and current mailing address; and mail to the Selective Service System, P.O. Box 94636, Palatine, IL 60094-4636.
Be sure to register before your 26th birthday. After that, it’s too late!
Selective Service does not collect any information which would indicate whether or not you are undocumented. You want to protect yourself for future U.S. citizenship and other government benefits and programs by registering with Selective Service. Do it today.
www.cundyandmartin.com
Minnesota Immigration Lawyers
Monday, October 13, 2008
H-2B Visa Filing
If you are looking to hire H-2B workers to start on April 1, 2009, you can now file your I-129 petition / application with USCIS. Keep in mind that you must first receive labor certification (LC) approval from the Department of Labor (DOL) first.
To hire a lawyer to help with the temporary worker visa process, please visit:
http://www.cundyandmartin.com/ http://www.immigrationlawyermn.com/
Minnesota Immigration Lawyers
To hire a lawyer to help with the temporary worker visa process, please visit:
http://www.cundyandmartin.com/ http://www.immigrationlawyermn.com/
Minnesota Immigration Lawyers
Wednesday, September 24, 2008
TPS Extended for Immigrants from El Salvador
USCIS announced today an 18-month extension of TPS - temporary protected status for El Salvador.
Details of the USCIS announcement are below:
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today that it will extend Temporary Protected Status (TPS) for nationals of El Salvador through Sep. 9, 2010. The extension will make those who have already been granted TPS eligible to reregister and maintain their status for an additional 18 months. There are approximately 229,000 nationals of El Salvador (and people having no nationality who last habitually resided in El Salvador) who are eligible for reregistration. TPS does not apply to Salvadoran nationals who entered the United States after Feb. 13, 2001.
The extension of TPS for El Salvador is effective Mar. 10, 2009 and will remain in effect through Sep. 9, 2010. Nationals of El Salvador (and people having no nationality who last habitually resided in El Salvador) who have been granted TPS must reregister for the 18-month extension during the reregistration period beginning the day it is published in the Federal Register and remaining in effect 90 days thereafter. Salvadoran TPS beneficiaries are strongly encouraged to apply as soon as possible following the start of the 90-day reregistration period. Applications from Salvadoran TPS beneficiaries will not be accepted prior to the opening of the reregistration period.
TPS beneficiaries must submit the Application for Temporary Protected Status Form I-821 without the application fee and the Application for Employment Authorization Form I-765 in order to reregister for TPS. All applicants seeking an extension of employment authorization through Sep. 9, 2010 must submit the required application filing fee with Form I-765. If the applicant is only seeking to reregister for TPS and not seeking an extension of employment authorization, he or she must submit Form I-765 for data-gathering purposes only, and is not required to submit the I-765 filing fee. The biometric service fee must be submitted by all reregistrants 14 years of age and older. Applicants may request a fee waiver for any of the application or biometric service fees in accordance with the regulations. Failure to submit the required filing fees or a properly documented fee waiver request will result in the rejection of the reregistration application.
www.cundyandmartin.com Immigration Lawyers in Minnesota
Details of the USCIS announcement are below:
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today that it will extend Temporary Protected Status (TPS) for nationals of El Salvador through Sep. 9, 2010. The extension will make those who have already been granted TPS eligible to reregister and maintain their status for an additional 18 months. There are approximately 229,000 nationals of El Salvador (and people having no nationality who last habitually resided in El Salvador) who are eligible for reregistration. TPS does not apply to Salvadoran nationals who entered the United States after Feb. 13, 2001.
The extension of TPS for El Salvador is effective Mar. 10, 2009 and will remain in effect through Sep. 9, 2010. Nationals of El Salvador (and people having no nationality who last habitually resided in El Salvador) who have been granted TPS must reregister for the 18-month extension during the reregistration period beginning the day it is published in the Federal Register and remaining in effect 90 days thereafter. Salvadoran TPS beneficiaries are strongly encouraged to apply as soon as possible following the start of the 90-day reregistration period. Applications from Salvadoran TPS beneficiaries will not be accepted prior to the opening of the reregistration period.
TPS beneficiaries must submit the Application for Temporary Protected Status Form I-821 without the application fee and the Application for Employment Authorization Form I-765 in order to reregister for TPS. All applicants seeking an extension of employment authorization through Sep. 9, 2010 must submit the required application filing fee with Form I-765. If the applicant is only seeking to reregister for TPS and not seeking an extension of employment authorization, he or she must submit Form I-765 for data-gathering purposes only, and is not required to submit the I-765 filing fee. The biometric service fee must be submitted by all reregistrants 14 years of age and older. Applicants may request a fee waiver for any of the application or biometric service fees in accordance with the regulations. Failure to submit the required filing fees or a properly documented fee waiver request will result in the rejection of the reregistration application.
www.cundyandmartin.com Immigration Lawyers in Minnesota
Wednesday, September 10, 2008
Not Enough H-2B Visa Temporary Workers Means Fewer Jobs for U.S. Workers
In a recent Economic Analysis conducted by the University of Maryland’s Sea Grant Extension Program, it was concluded that "every H2-B visa job lost is estimated to lead to a loss of 2.54 domestic jobs." While this report studied the crab industry, other industries utilizing the H-2B program have echoed this sentiment.
Read more at:
http://www.mdsg.umd.edu/programs/extension/communities/fisheries/H2B/
www.cundyandmartin.com Immigration Lawyers in Minnesota
Read more at:
http://www.mdsg.umd.edu/programs/extension/communities/fisheries/H2B/
www.cundyandmartin.com Immigration Lawyers in Minnesota
Thursday, August 28, 2008
Five “Deadly Sins” That Will Kill Any Immigration Application
Five “Deadly Sins” That Will Kill Any Immigration Application
Just because you are married to a U.S. citizen, have had a green card for several years, or have been traveling to the U.S. for years without any problems does not mean that you are not subject to deportation, denial of your immigration application, or denial of entry into the United States. Below are five things that any person who is filing an application with U.S. Citizenship and Immigration Services (USCIS) or seeking entry into the U.S. should keep in mind. If you have committed any of these “sins,” they can result in a denial of an application at best and deportation at worst.
1. Criminal Convictions.
If you have a conviction for any of the following crimes, you must be very cautious when dealing with USCIS. This is by no means an exhaustive list, but these are many of the common crimes that get people in trouble with USCIS: assault, DUI, theft, fraud, drug related crimes, and prostitution.
2. Falsely Claiming Citizenship.
If you believe that you may have falsely claimed to be a U.S. citizen, this may be a problem. This occurs quite often in the employment context where an employee is required to complete an I-9 form and checks the box on the form stating he or she is a U.S. citizen. This issue generally comes down to your intent at the time of the wrongful conduct but it can be a very serious matter. A person who is found to have falsely claimed to be a U.S. citizen can be barred permanently from the United States.
3. Prior Immigration Violations.
If you have previously violated your immigration status by, for example, working without authorization or overstaying your visa, this could be a problem. In addition, if you have previously been deported from the U.S. you must receive explicit permission from the immigration service in order to return to the United States. Simply remaining outside of the country for a few years is not enough. The law requires that you apply for and receive permission from the immigration service before you return. If you return illegally, after a prior deportation, you may be barred permanently from the U.S.
4. Fraud or Misrepresentation.
If you have committed fraud or misrepresentation this must be addressed before you file anything with USCIS. “Fraud” and “misrepresentation” sound like very serious offenses and therefore, many people do not believe that relatively minor “lies” are the same as fraud. But the immigration service can make a finding of fraud or misrepresentation for anything ranging from use of false documents for employment, to entering false information on an application, to using a fake visa or green card to enter the U.S. This is a very serious offense, so if you think you have done something that could be construed as fraud or misrepresentation, call you lawyer before filing anything with USCIS.
5. Remaining Outside of the U.S. for Too Long
If you are a permanent resident green card holder, you can find yourself in a lot of trouble if you have remained outside of the U.S. for an extended period of time. While you are free to travel as a green card holder, if you stay outside the country too long, the immigration service may find that you have abandoned your residence and revoke your green card. This can be the case even if you have entered the U.S. many times since your extended absence. The immigration service is allowed to look at your entire history when determining whether you have abandoned your resident status.
“If any of the above issues apply to you, there may still be hope.”
Even though you may have committed one of these “deadly sins,” there may be a waiver available for you. Under certain circumstances the immigration law allows the immigration service to “waive” a given problem in a case. That is to say, the immigration service may forgive the infraction and approve an application even though there is a basis to deny the case. Waivers are difficult to get and require a lot of evidence to prove your case, but it can be done in some cases.
In other situations, we have been successful in proving that the alleged infraction does not meet the criteria for denial of an application, deportation, etc. and as such, convince the immigration service or immigration judge to approve the case.
If you think any of these issues apply to you, seek the advice of an immigration attorney before you file anything with USCIS.
You may reach Vincent Martin at: (952) 746-4111, email:
vmartin@cundyandmartin.com or through his web site at http://www.cundyandmartin.com/ .
Disclaimer: Nothing in this article may be construed as legal advice. If you are in need of legal advice, you should contact Vincent Martin for assistance.
Just because you are married to a U.S. citizen, have had a green card for several years, or have been traveling to the U.S. for years without any problems does not mean that you are not subject to deportation, denial of your immigration application, or denial of entry into the United States. Below are five things that any person who is filing an application with U.S. Citizenship and Immigration Services (USCIS) or seeking entry into the U.S. should keep in mind. If you have committed any of these “sins,” they can result in a denial of an application at best and deportation at worst.
1. Criminal Convictions.
If you have a conviction for any of the following crimes, you must be very cautious when dealing with USCIS. This is by no means an exhaustive list, but these are many of the common crimes that get people in trouble with USCIS: assault, DUI, theft, fraud, drug related crimes, and prostitution.
2. Falsely Claiming Citizenship.
If you believe that you may have falsely claimed to be a U.S. citizen, this may be a problem. This occurs quite often in the employment context where an employee is required to complete an I-9 form and checks the box on the form stating he or she is a U.S. citizen. This issue generally comes down to your intent at the time of the wrongful conduct but it can be a very serious matter. A person who is found to have falsely claimed to be a U.S. citizen can be barred permanently from the United States.
3. Prior Immigration Violations.
If you have previously violated your immigration status by, for example, working without authorization or overstaying your visa, this could be a problem. In addition, if you have previously been deported from the U.S. you must receive explicit permission from the immigration service in order to return to the United States. Simply remaining outside of the country for a few years is not enough. The law requires that you apply for and receive permission from the immigration service before you return. If you return illegally, after a prior deportation, you may be barred permanently from the U.S.
4. Fraud or Misrepresentation.
If you have committed fraud or misrepresentation this must be addressed before you file anything with USCIS. “Fraud” and “misrepresentation” sound like very serious offenses and therefore, many people do not believe that relatively minor “lies” are the same as fraud. But the immigration service can make a finding of fraud or misrepresentation for anything ranging from use of false documents for employment, to entering false information on an application, to using a fake visa or green card to enter the U.S. This is a very serious offense, so if you think you have done something that could be construed as fraud or misrepresentation, call you lawyer before filing anything with USCIS.
5. Remaining Outside of the U.S. for Too Long
If you are a permanent resident green card holder, you can find yourself in a lot of trouble if you have remained outside of the U.S. for an extended period of time. While you are free to travel as a green card holder, if you stay outside the country too long, the immigration service may find that you have abandoned your residence and revoke your green card. This can be the case even if you have entered the U.S. many times since your extended absence. The immigration service is allowed to look at your entire history when determining whether you have abandoned your resident status.
“If any of the above issues apply to you, there may still be hope.”
Even though you may have committed one of these “deadly sins,” there may be a waiver available for you. Under certain circumstances the immigration law allows the immigration service to “waive” a given problem in a case. That is to say, the immigration service may forgive the infraction and approve an application even though there is a basis to deny the case. Waivers are difficult to get and require a lot of evidence to prove your case, but it can be done in some cases.
In other situations, we have been successful in proving that the alleged infraction does not meet the criteria for denial of an application, deportation, etc. and as such, convince the immigration service or immigration judge to approve the case.
If you think any of these issues apply to you, seek the advice of an immigration attorney before you file anything with USCIS.
You may reach Vincent Martin at: (952) 746-4111, email:
vmartin@cundyandmartin.com or through his web site at http://www.cundyandmartin.com/ .
Disclaimer: Nothing in this article may be construed as legal advice. If you are in need of legal advice, you should contact Vincent Martin for assistance.
Wednesday, August 6, 2008
New ICE program gives non-criminal fugitive aliens opportunity to avoid arrest and detention
U.S. Immigration and Customs Enforcement (ICE) has announced the launch of a pilot program, Scheduled Departure, which will begin next week in five cities. The program allows fugitive aliens who have no criminal history and pose no threat to the community an opportunity to remain out of custody while they coordinate their removal with ICE.
For more information, see http://www.ice.gov/pi/nr/0807/080731washington.htm
Comment:
It is important to note that this program does not lessen the severity of having a deportation order on one's record, it does not provide for leniency upon seeking return to the U.S., and does not bestow any immigration status. It is merely a way for someone who has an outstanding warrant for his or her deportation to turn themselves in rather than have ICE "hunt them down."
For more information, see http://www.ice.gov/pi/nr/0807/080731washington.htm
Comment:
It is important to note that this program does not lessen the severity of having a deportation order on one's record, it does not provide for leniency upon seeking return to the U.S., and does not bestow any immigration status. It is merely a way for someone who has an outstanding warrant for his or her deportation to turn themselves in rather than have ICE "hunt them down."
Thursday, July 31, 2008
USCIS REACHES H-2B CAP FOR FIRST HALF OF FISCAL YEAR 2009
USCIS has announced the following:
USCIS REACHES H-2B CAP FOR FIRST HALF OF FISCAL YEAR 2009
WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) announced today that it has
received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first half
of Fiscal Year 2009 (FY2009). USCIS is hereby notifying the public that July 29, 2008 is the "final
receipt date" for new H-2B worker petitions requesting employment start dates prior to April 1, 2009.
The "final receipt date" is the date on which USCIS determines that it has received enough cap-subject
petitions to reach the limit of 33,000 H-2B workers for the first half of FY2009.
USCIS will reject petitions for new H-2B workers seeking employment start dates prior to April 1, 2009
that arrive after July 29, 2008.
USCIS will apply a computer-generated random selection process to all petitions which are subject to the
cap and were received on July 29, 2008. USCIS will use this process to select the number of petitions
needed to meet the cap. USCIS will reject, and return the fee, for all cap-subject petitions not randomly
selected.
Petitions for workers who are currently in H-2B status do not count towards the congressionally mandated
bi-annual H-2B cap. USCIS will continue to process petitions filed to:
• Extend the stay of a current H-2B worker in the United States;
• Change the terms of employment for current H-2B workers and extend their stay; or
• Allow current H-2B workers to change or add employers and extend their stay.
USCIS REACHES H-2B CAP FOR FIRST HALF OF FISCAL YEAR 2009
WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) announced today that it has
received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first half
of Fiscal Year 2009 (FY2009). USCIS is hereby notifying the public that July 29, 2008 is the "final
receipt date" for new H-2B worker petitions requesting employment start dates prior to April 1, 2009.
The "final receipt date" is the date on which USCIS determines that it has received enough cap-subject
petitions to reach the limit of 33,000 H-2B workers for the first half of FY2009.
USCIS will reject petitions for new H-2B workers seeking employment start dates prior to April 1, 2009
that arrive after July 29, 2008.
USCIS will apply a computer-generated random selection process to all petitions which are subject to the
cap and were received on July 29, 2008. USCIS will use this process to select the number of petitions
needed to meet the cap. USCIS will reject, and return the fee, for all cap-subject petitions not randomly
selected.
Petitions for workers who are currently in H-2B status do not count towards the congressionally mandated
bi-annual H-2B cap. USCIS will continue to process petitions filed to:
• Extend the stay of a current H-2B worker in the United States;
• Change the terms of employment for current H-2B workers and extend their stay; or
• Allow current H-2B workers to change or add employers and extend their stay.
Wednesday, July 23, 2008
Reentry Permit Renewal
The Admistrative Appeals Unit (AAU) of U.S. Citizenship and Immigration Services (USCIS) has confirmed that a person is not permitted to seek renewal of her reentry permit unless she is in the United States. Therefore, if you are outside of the U.S. with a reentry permit that is expiring soon, you must return to the U.S. and file for a new reentry permit.
For more information see http://www.aila.org/content/default.aspx?docid=25999 .
http://www.cundyandmartin.com/
For more information see http://www.aila.org/content/default.aspx?docid=25999 .
http://www.cundyandmartin.com/
Friday, July 11, 2008
Immigration Questions (frequently asked)
FAQ - http://www.cundyandmartin.com/
Over the years and after helping hundreds (if not 1000 or more) clients with immigration matters, there are certain questions that regularly come up. With this posting and with updates to it, I hope to answer some of these questions. Keep in mind that there are always exceptions to every rule and I generally will not address those exceptions in this posting. This is basic information only, not a legal treatise on U.S. immigration law.
Nonimmigrant Visas
1. If I file for an extension of my visitor visa, can I leave the country while it's pending? No. If you leave, the application will terminate as abandoned.
Fiance K-1 Visa
1. Do I have to be a U.S. citizen to petition for a fiance? Yes.
2. Is it required that we meet in person before I file the petition? Generally, yes. There are a few exceptions to this requirement but they rarely apply.
Immigration Court
1. I didn't ask for all possible forms of relief (defenses) at my first hearing, is it too late to ask now? No. You may make a request at any time prior to a decision by the Immigration Judge on your case.
2. If a person illegally returns to the U.S. after a prior deportation, what is the consequence? He is not eligible for most forms of relief.
Green Card - Lawful Permanent Residence
1. If I return to the United States once a year, I won't lose my permanent resident status. Wrong. If your intent is to live outside the U.S. and only visit the U.S. periodically, the immigration service may revoke your green card.
Reentry Permit
1. Do I have to return to the United States in order to renew my reentry permit? Yes. The Admistrative Appeals Unit (AAU) of U.S. Citizenship and Immigration Services (USCIS) has confirmed that a person is not permitted to seek renewal of her reentry permit unless she is in the United States. Therefore, if you are outside of the U.S. with a reentry permit that is expiring soon, you must return to the U.S. and file for a new reentry permit. You may read the decision at http://www.aila.org/content/default.aspx?docid=25999 .
Over the years and after helping hundreds (if not 1000 or more) clients with immigration matters, there are certain questions that regularly come up. With this posting and with updates to it, I hope to answer some of these questions. Keep in mind that there are always exceptions to every rule and I generally will not address those exceptions in this posting. This is basic information only, not a legal treatise on U.S. immigration law.
Nonimmigrant Visas
1. If I file for an extension of my visitor visa, can I leave the country while it's pending? No. If you leave, the application will terminate as abandoned.
Fiance K-1 Visa
1. Do I have to be a U.S. citizen to petition for a fiance? Yes.
2. Is it required that we meet in person before I file the petition? Generally, yes. There are a few exceptions to this requirement but they rarely apply.
Immigration Court
1. I didn't ask for all possible forms of relief (defenses) at my first hearing, is it too late to ask now? No. You may make a request at any time prior to a decision by the Immigration Judge on your case.
2. If a person illegally returns to the U.S. after a prior deportation, what is the consequence? He is not eligible for most forms of relief.
Green Card - Lawful Permanent Residence
1. If I return to the United States once a year, I won't lose my permanent resident status. Wrong. If your intent is to live outside the U.S. and only visit the U.S. periodically, the immigration service may revoke your green card.
Reentry Permit
1. Do I have to return to the United States in order to renew my reentry permit? Yes. The Admistrative Appeals Unit (AAU) of U.S. Citizenship and Immigration Services (USCIS) has confirmed that a person is not permitted to seek renewal of her reentry permit unless she is in the United States. Therefore, if you are outside of the U.S. with a reentry permit that is expiring soon, you must return to the U.S. and file for a new reentry permit. You may read the decision at http://www.aila.org/content/default.aspx?docid=25999 .
Thursday, July 3, 2008
Check the status of your FOIA request online
USCIS has announced that you may now check the status of your USCIS FOIA request online, simply by entering the Control Number that was provided to you after receipt of your request (The Control Number will begin with the letters NRC, COW, etc.).
If your request is pending, the status will indicate the position of your request relative to all pending USCIS requests in the same processing track. If your request has been processed and responded to within the past six months, you will be given the date your request was processed.
You may print the results of your status check by clicking the "Printer Friendly" link at the top of this page.
Status information is updated on a daily basis.
by Immigration Lawyer http://www.cundyandmartin.com/
If your request is pending, the status will indicate the position of your request relative to all pending USCIS requests in the same processing track. If your request has been processed and responded to within the past six months, you will be given the date your request was processed.
You may print the results of your status check by clicking the "Printer Friendly" link at the top of this page.
Status information is updated on a daily basis.
by Immigration Lawyer http://www.cundyandmartin.com/
Wednesday, June 25, 2008
New I-9 Form
All employees, citizens and noncitizens, hired after November 6, 1986 and working in the United States must complete a Form I-9. See www.uscis.gov/files/form/I-9.pdf'
Tuesday, June 24, 2008
Boy George Denied a Visa
The U.S. Department of State has broad discretion in determining whether it will grant a person a visa to enter the U.S. In this case, it apparently decided that Boy George was ineligible due to his pending criminal case. See:
http://www.mail.com/Article.aspx?articlepath=APNews/General-Entertainment/20080624/People-Boy-George.xml&cat=entertainment&subcat=&pageid=1
http://www.mail.com/Article.aspx?articlepath=APNews/General-Entertainment/20080624/People-Boy-George.xml&cat=entertainment&subcat=&pageid=1
Deportation for Filing False Tax Return
5th Circuit Court finds that filing a false tax return can result in an aggravated felony for immigration purposes and therefore, deportation. See Arguelles-Olivares v. Mukasey, (5th Cir. Apr. 22, 2008).
Tuesday, June 10, 2008
2 Year EAD - Immigration Work Permit
http://www.cundyandmartin.com/
USCIS announced on June 9, 2008, a two year employment authorization document rather than the one year document that is currently used. For more information, see: http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm
The new two-year EAD is only available to individuals who have filed to become a lawful permanent resident (LPR) using a Form I-485, Application to Register Permanent Residence or Adjust Status, and filed for employment authorization under Section 274.a.12(c)(9) of Title 8, Code of Federal Regulations (8 C.F.R.) but are unable to become an LPR because an immigrant visa number is not currently available.
USCIS announced on June 9, 2008, a two year employment authorization document rather than the one year document that is currently used. For more information, see: http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm
The new two-year EAD is only available to individuals who have filed to become a lawful permanent resident (LPR) using a Form I-485, Application to Register Permanent Residence or Adjust Status, and filed for employment authorization under Section 274.a.12(c)(9) of Title 8, Code of Federal Regulations (8 C.F.R.) but are unable to become an LPR because an immigrant visa number is not currently available.
Friday, June 6, 2008
USCIS Update on Naturalization Applications
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today it has
centralized initial processing of all applications for naturalization (Form-400) at its National Benefits Center in Missouri. This change is part of the USCIS initiative to increase the efficiency of case management and improve customer service.
This internal administrative change will not change where applicants file their naturalization applications. Applicants will continue to file their naturalization applications (N-400), including all supporting documents and fees with the USCIS Service Center having jurisdiction over their place of residence. Applicants will also continue to report to a local field office for the interview and naturalization test.
USCIS will send applicants a notice when the Service Center transfers their application to the National Benefits Center for initial processing. USCIS will also inform the applicant how to contact the National Benefits Center and how to check their local USCIS field office processing times. USCIS will return to the sender any application mailed directly from the applicant to the National Benefits Center.
centralized initial processing of all applications for naturalization (Form-400) at its National Benefits Center in Missouri. This change is part of the USCIS initiative to increase the efficiency of case management and improve customer service.
This internal administrative change will not change where applicants file their naturalization applications. Applicants will continue to file their naturalization applications (N-400), including all supporting documents and fees with the USCIS Service Center having jurisdiction over their place of residence. Applicants will also continue to report to a local field office for the interview and naturalization test.
USCIS will send applicants a notice when the Service Center transfers their application to the National Benefits Center for initial processing. USCIS will also inform the applicant how to contact the National Benefits Center and how to check their local USCIS field office processing times. USCIS will return to the sender any application mailed directly from the applicant to the National Benefits Center.
Thursday, June 5, 2008
DOL Answers Questions about Fragomen Audit
www.cundyandmartin.com
DOL Information Paper below
Frequently asked questions on audit of permanent labor certification applications
filed by attorneys at Fragomen, Del Rey, Bernsen & Loewy LLP
(1) Why are we doing this?
The U.S. Department of Labor has a statutory responsibility to ensure that foreign workers are not hired to fill jobs where qualified, able and willing U.S. workers are available. To fulfill this responsibility, the Department requires employers to recruit for U.S. workers before foreign workers can be hired for permanent positions, and to attest to the Department in their applications that the job opportunity has been and is clearly open to U.S. workers and that any U.S. workers who applied for the job opportunity were rejected for lawful job-related reasons. Audits of applications are one of the major tools the Department uses to ensure program integrity.
The Department's regulations specifically prohibit an employer's immigration attorney or agent from participating in considering the qualifications of U.S. workers who apply for positions for which certification is sought, unless the attorney is normally involved in the employer's routine hiring process. Where an employer does not normally involve immigration attorneys in its hiring process, there is no legitimate reason to consult with immigration attorneys before hiring apparently qualified U.S. workers who have responded to recruitment required by the permanent labor certification program. The Department’s rule safeguards against the use of attorneys to find reasons not to hire U.S. workers that the employer would, but for the attorney’s involvement, deem qualified. The rule applies only to consideration of particular applicants, and does not bar employers from seeking general advice on the meaning of "qualified" in the context of a labor certification application.
The Department is auditing all employer applications filed by attorneys at Fragomen, Del Rey, Bernsen & Loewy LLP because it has information indicating that in at least some cases the firm may have improperly instructed clients who filed permanent labor certification applications to contact their attorney before hiring apparently qualified U.S. workers.
(2) What incident/incidents prompted this audit?
The Department identified information indicating that in at least some cases the firm may have improperly instructed clients who filed permanent labor certification applications to contact their attorney before hiring apparently qualified U.S. workers. Specifically, several recruitment forms drafted by some Fragomen attorneys instructed their clients that "After interview, should any of the applicants appear to be qualified for the position, please contact a Fragomen attorney
immediately to further discuss the candidate’s background as it relates to the requirements stated for said position," or some variation thereof.
(3) How unusual is this type of audit?
Audits of applications are one of the major tools the Department uses to ensure program integrity. Audits are conducted regularly. Where the Department identifies an employer or attorney that appears to have a practice that violates the program’s rules, the Department has authority to audit all applications submitted by that employer or attorney/agent to determine which, if any, were affected by the unlawful practice.
(4) Are the audits a form of punishment?
Audits are not a punishment. Audits are used by the Department to thoroughly examine applications to ensure that all program requirements have been properly followed. They are routine and regularly undertaken to ensure program
integrity. # # #
DOL Information Paper below
Frequently asked questions on audit of permanent labor certification applications
filed by attorneys at Fragomen, Del Rey, Bernsen & Loewy LLP
(1) Why are we doing this?
The U.S. Department of Labor has a statutory responsibility to ensure that foreign workers are not hired to fill jobs where qualified, able and willing U.S. workers are available. To fulfill this responsibility, the Department requires employers to recruit for U.S. workers before foreign workers can be hired for permanent positions, and to attest to the Department in their applications that the job opportunity has been and is clearly open to U.S. workers and that any U.S. workers who applied for the job opportunity were rejected for lawful job-related reasons. Audits of applications are one of the major tools the Department uses to ensure program integrity.
The Department's regulations specifically prohibit an employer's immigration attorney or agent from participating in considering the qualifications of U.S. workers who apply for positions for which certification is sought, unless the attorney is normally involved in the employer's routine hiring process. Where an employer does not normally involve immigration attorneys in its hiring process, there is no legitimate reason to consult with immigration attorneys before hiring apparently qualified U.S. workers who have responded to recruitment required by the permanent labor certification program. The Department’s rule safeguards against the use of attorneys to find reasons not to hire U.S. workers that the employer would, but for the attorney’s involvement, deem qualified. The rule applies only to consideration of particular applicants, and does not bar employers from seeking general advice on the meaning of "qualified" in the context of a labor certification application.
The Department is auditing all employer applications filed by attorneys at Fragomen, Del Rey, Bernsen & Loewy LLP because it has information indicating that in at least some cases the firm may have improperly instructed clients who filed permanent labor certification applications to contact their attorney before hiring apparently qualified U.S. workers.
(2) What incident/incidents prompted this audit?
The Department identified information indicating that in at least some cases the firm may have improperly instructed clients who filed permanent labor certification applications to contact their attorney before hiring apparently qualified U.S. workers. Specifically, several recruitment forms drafted by some Fragomen attorneys instructed their clients that "After interview, should any of the applicants appear to be qualified for the position, please contact a Fragomen attorney
immediately to further discuss the candidate’s background as it relates to the requirements stated for said position," or some variation thereof.
(3) How unusual is this type of audit?
Audits of applications are one of the major tools the Department uses to ensure program integrity. Audits are conducted regularly. Where the Department identifies an employer or attorney that appears to have a practice that violates the program’s rules, the Department has authority to audit all applications submitted by that employer or attorney/agent to determine which, if any, were affected by the unlawful practice.
(4) Are the audits a form of punishment?
Audits are not a punishment. Audits are used by the Department to thoroughly examine applications to ensure that all program requirements have been properly followed. They are routine and regularly undertaken to ensure program
integrity. # # #
Tuesday, June 3, 2008
AILA Position Paper on H-2B Program
http://www.cundyandmartin.com/
H-2B Seasonal & Temporary Workers Vital to America’s Small & Seasonal Businesses
The Issue: The H-2B visa program is vital to America’s small businesses.
• The H-2B program is capped at 66,000 visas per year. This is the same arbitrary number set by Congress in 1990. The visa allotment is split equally between the winter and summer seasons.
• Small business owners rely on the H-2B program because it is the only way they can legally hire workers for temporary and seasonal positions when they cannot find Americans to hire.
• Small and seasonal businesses prefer to hire American workers, and they do hire every
qualified American who applies for a seasonal or temporary short-term position. Nevertheless, many positions remain unfilled, leaving these businesses desperately in need of workers. This is not surprising, since many Americans are unwilling to engage in low-skilled and semi-skilled labor, or to relocate for several months to remote locations, to fill available seasonal and short-term positions.
• Unlike the hiring of American workers, small business owners must go through a tough application process to hire foreign workers through the H-2B program. Employers must prove to State and US Departments of Labor that there are no available U.S. workers to fill vacant short-term positions.
• H-2B workers go home at the end of the season. They cannot, and do not, stay in the US permanently through this program.
Congress Must Act Now: Without immediate relief, small businesses across the US
will suffer permanent harm.
• This year, the cap for the summer season was hit on January 2, 2008, meaning there are no more available H-2B visas for the rest of the fiscal year without a Congressional fix, putting America’s small and seasonal businesses in dire straits.
• Hitting the cap so early in the year hurts all businesses with short-term needs, especially summer resorts throughout the US, the timber industry in the Northeast, fish and crab processors in the Southeast and Mid-Atlantic, and recreational facilities and tourism across the nation.
• Congress must provide H-2B relief now so that America’s employers can get the seasonal temporary workers they need in time for this summer in order to become fully staffed and provide quality service.
• Without immediate access to more temporary H-2B workers, many small businesses will be extremely short-staffed this year and could be forced to close. For small businesses, relief must come now so that America’s employers can get the seasonal temporary workers they need in time for this spring and summer.
Congress can and must provide short-term relief:
• Small Businesses Need Urgent Congressional Action NOW
• Given the failure to provide a permanent solution last year, Congress must pass short-term relief as soon as possible to save small businesses.
• An H-2B visa returning worker extension will go a long way in helping small and seasonal businesses survive in the short term. The extension would provide emergency relief by exempting from the cap H-2B returning workers who already have successfully participated in the program in one of the previous 3 years.
• Time is of the essence. Without Congressional relief soon, many U.S. businesses will be forced to limit their services or close their doors permanently.
• Congress must therefore pass an H-2B returning worker exemption immediately.
Current Legislation:
• Short-term H-2B relief has been introduced in the House by Rep. Stupak (D-MI), and in the Senate by Sen. Mikulski (D-MD), as the Save Our Small and Seasonal Businesses Act of 2007 (H.R. 1843/S. 988).
• Both of these bills would extend the exemption of returning temporary workers essential to small and seasonal businesses from the arbitrary numerical cap.
H-2B Seasonal & Temporary Workers Vital to America’s Small & Seasonal Businesses
The Issue: The H-2B visa program is vital to America’s small businesses.
• The H-2B program is capped at 66,000 visas per year. This is the same arbitrary number set by Congress in 1990. The visa allotment is split equally between the winter and summer seasons.
• Small business owners rely on the H-2B program because it is the only way they can legally hire workers for temporary and seasonal positions when they cannot find Americans to hire.
• Small and seasonal businesses prefer to hire American workers, and they do hire every
qualified American who applies for a seasonal or temporary short-term position. Nevertheless, many positions remain unfilled, leaving these businesses desperately in need of workers. This is not surprising, since many Americans are unwilling to engage in low-skilled and semi-skilled labor, or to relocate for several months to remote locations, to fill available seasonal and short-term positions.
• Unlike the hiring of American workers, small business owners must go through a tough application process to hire foreign workers through the H-2B program. Employers must prove to State and US Departments of Labor that there are no available U.S. workers to fill vacant short-term positions.
• H-2B workers go home at the end of the season. They cannot, and do not, stay in the US permanently through this program.
Congress Must Act Now: Without immediate relief, small businesses across the US
will suffer permanent harm.
• This year, the cap for the summer season was hit on January 2, 2008, meaning there are no more available H-2B visas for the rest of the fiscal year without a Congressional fix, putting America’s small and seasonal businesses in dire straits.
• Hitting the cap so early in the year hurts all businesses with short-term needs, especially summer resorts throughout the US, the timber industry in the Northeast, fish and crab processors in the Southeast and Mid-Atlantic, and recreational facilities and tourism across the nation.
• Congress must provide H-2B relief now so that America’s employers can get the seasonal temporary workers they need in time for this summer in order to become fully staffed and provide quality service.
• Without immediate access to more temporary H-2B workers, many small businesses will be extremely short-staffed this year and could be forced to close. For small businesses, relief must come now so that America’s employers can get the seasonal temporary workers they need in time for this spring and summer.
Congress can and must provide short-term relief:
• Small Businesses Need Urgent Congressional Action NOW
• Given the failure to provide a permanent solution last year, Congress must pass short-term relief as soon as possible to save small businesses.
• An H-2B visa returning worker extension will go a long way in helping small and seasonal businesses survive in the short term. The extension would provide emergency relief by exempting from the cap H-2B returning workers who already have successfully participated in the program in one of the previous 3 years.
• Time is of the essence. Without Congressional relief soon, many U.S. businesses will be forced to limit their services or close their doors permanently.
• Congress must therefore pass an H-2B returning worker exemption immediately.
Current Legislation:
• Short-term H-2B relief has been introduced in the House by Rep. Stupak (D-MI), and in the Senate by Sen. Mikulski (D-MD), as the Save Our Small and Seasonal Businesses Act of 2007 (H.R. 1843/S. 988).
• Both of these bills would extend the exemption of returning temporary workers essential to small and seasonal businesses from the arbitrary numerical cap.
U.S. Department of Labor auditing all permanent labor certification applications of Fragomen, Del Rey, Bernsen & Loewy LLP.
News Release
U.S. Department of Labor auditing all permanent labor certification
applications filed by major immigration law firm
Department acts to protect employment opportunities for American workers
WASHINGTON — The U.S. Department of Labor today announced that it has begun auditing all permanent
labor certification applications filed by attorneys at Fragomen, Del Rey, Bernsen & Loewy LLP. The
department has information indicating that in at least some cases the firm improperly instructed clients who
filed permanent labor certification applications to contact their attorney before hiring apparently qualified
U.S. workers. The audits will determine which, if any, applications should be denied or placed into
department-supervised recruitment because of improper attorney involvement in the consideration of U.S.
worker applicants.
"The department’s decision to further investigate these applications will help ensure the integrity of the
permanent labor certification process and ultimately protect job opportunities for American workers," said
Gregory F. Jacob, solicitor of labor. "The department takes seriously its responsibility to ensure that American
workers have access to jobs they are qualified and willing to do and that their wages and working conditions
are not adversely affected by the hiring of foreign workers."
The permanent labor certification process, established by the Immigration and Nationality Act, allows
employers to sponsor aliens for permanent residence (secure a "green card") to fill positions for which no
qualified, willing and available U.S. workers can be found. The department’s regulations set forth detailed
procedures by which an employer seeking certification must demonstrate that no qualified U.S. workers can
be located.
The department’s regulations specifically prohibit an employer’s immigration attorney or agent from
participating in considering the qualifications of U.S. workers who apply for positions for which certification is
sought, unless the attorney is normally involved in the employer’s routine hiring process. Where an
employer does not normally involve immigration attorneys in its hiring process, there is no legitimate reason
to consult with immigration attorneys before hiring apparently qualified U.S. workers who have responded to
recruitment required by the permanent labor certification program.
In 2004, the department adopted reforms streamlining the permanent labor certification process by moving
to an attestation-based system. Audits of applications are one of the major deterrents used by the
department to ensure program integrity.
U.S. Department of Labor
http://www.cundyandmartin.com/
U.S. Department of Labor auditing all permanent labor certification
applications filed by major immigration law firm
Department acts to protect employment opportunities for American workers
WASHINGTON — The U.S. Department of Labor today announced that it has begun auditing all permanent
labor certification applications filed by attorneys at Fragomen, Del Rey, Bernsen & Loewy LLP. The
department has information indicating that in at least some cases the firm improperly instructed clients who
filed permanent labor certification applications to contact their attorney before hiring apparently qualified
U.S. workers. The audits will determine which, if any, applications should be denied or placed into
department-supervised recruitment because of improper attorney involvement in the consideration of U.S.
worker applicants.
"The department’s decision to further investigate these applications will help ensure the integrity of the
permanent labor certification process and ultimately protect job opportunities for American workers," said
Gregory F. Jacob, solicitor of labor. "The department takes seriously its responsibility to ensure that American
workers have access to jobs they are qualified and willing to do and that their wages and working conditions
are not adversely affected by the hiring of foreign workers."
The permanent labor certification process, established by the Immigration and Nationality Act, allows
employers to sponsor aliens for permanent residence (secure a "green card") to fill positions for which no
qualified, willing and available U.S. workers can be found. The department’s regulations set forth detailed
procedures by which an employer seeking certification must demonstrate that no qualified U.S. workers can
be located.
The department’s regulations specifically prohibit an employer’s immigration attorney or agent from
participating in considering the qualifications of U.S. workers who apply for positions for which certification is
sought, unless the attorney is normally involved in the employer’s routine hiring process. Where an
employer does not normally involve immigration attorneys in its hiring process, there is no legitimate reason
to consult with immigration attorneys before hiring apparently qualified U.S. workers who have responded to
recruitment required by the permanent labor certification program.
In 2004, the department adopted reforms streamlining the permanent labor certification process by moving
to an attestation-based system. Audits of applications are one of the major deterrents used by the
department to ensure program integrity.
U.S. Department of Labor
http://www.cundyandmartin.com/
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