Immigration Lawyer Immigration & Visa Updates

DREAM Act

2010-12-09T14:34:00.000-08:00

Last night the House passed the DREAM Act on a vote of 216 to 198. The Senate is expected to vote on the DREAM Act Thursday morning. The Senate, by agreement, postponed their vote to ensure that the House could complete its vote.

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Which Visa Do I Use?

2010-11-05T14:15:00.000-07:00

Who Qualifies for a Nonimmigrant (Temporary) Visa

Nonimmigrant visas, such as tourist and student visas, permit you to enter the U.S. for a short time. If you're planning a short trip to the United States, you must, with certain exceptions, obtain a "nonimmigrant" (temporary) visa. Below we summarize who qualifies for the various types of visas.

Types of Nonimmigrant Visas

You must choose the specific purpose of your trip (such as tourism or going to school) and apply for a specialized visa that authorizes that activity and no other. Each type of nonimmigrant visa is identified by a letter-number combination. You may already be familiar with the more popular ones: B-2 (visitor), E-2 (investor), F-1 (student), and H-1B (specialty worker). See the chart below for a complete list of the most commonly used codes and descriptions.

Summary List of Nonimmigrant Visas

A-1. Ambassadors, public ministers, or career diplomats, and their spouses and children.
A-2. Other accredited officials or employees of foreign governments, and their spouses and children.
A-3. Personal attendants, servants, and employees of A-1 and A-2 visa holders, and their spouses and children.
B-1. Business visitors.
B-2. Visitors for pleasure or medical treatment.
C-1. Foreign travelers in immediate and continuous transit through the U.S.
D-1. Crew members who need to land temporarily in the U.S. and who will depart aboard the same ship or plane on which they arrived.
D-2. Crew members who need to land temporarily in the U.S. and who will depart aboard a different ship or plane than the one on which they arrived.
E-1. Treaty traders working for a U.S. trading company that does 50% or more of its business with the trader's home country, and their spouses and children.
E-2. Treaty investors working for a U.S. company with 50% or more of its investment capital coming from the investor's home country, and their spouses and children.
E-3. Australian professionals coming to the United States to perform services in a specialty occupation (similar to an H-1B, but with a separate allotment of 10,500 visas). Spouses and children may accompany the E-3 visa holder.
F-1. Academic or language students.
F-2. Spouses and children of F-1 visa holders.
F-3. Citizens or residents of Mexico or Canada commuting to the U.S. to attend an academic school.
G-1. Designated principal resident representatives of foreign governments coming to the U.S. to work for an international organization, and their spouses and children.
G-2. Other accredited representatives of foreign governments coming to the U.S. to work for an international organization, and their spouses and children.
G-3. Representatives of foreign governments and their immediate family members who would ordinarily qualify for G-1 or G-2 visas except that their governments are not members of an international organization.
G-4. Officers or employees of international organizations, and their spouses and children.
G-5. Attendants, servants, and personal employees of G-1 through G-4 visa holders, and their spouses and children.
H-1B. Persons working in specialty occupations requiring at least a bachelor's degree or its equivalent in on-the-job experience, and distinguished fashion models.
H-1C. Nurses who will work for up to three years in areas of the U.S. where health professionals are recognized as being in short supply.
H-2A. Temporary agricultural workers coming to the U.S. to fill positions for which a temporary shortage of American workers has been recognized by the U.S. Department of Agriculture.
H-2B. Temporary workers of various kinds coming to the U.S. to perform temporary jobs for which there is a shortage of available, qualified U.S. workers.
H-3. Temporary trainees coming for on-the-job training unavailable in their home countries.
H-4. Spouses and children of H-1, H-2, or H-3 visa holders.
I-1. Bona fide representatives of the foreign press coming to the U.S. to work solely in that capacity, and their spouses and children.
J-1. Exchange visitors coming to the U.S. to study, work, or train as part of an exchange program officially recognized by the U.S. Department of State.
J-2. Spouses and children of J-1 visa holders.
(continued on next page)
K-1. Fiancés or fiancées of U.S. citizens coming to the U.S. for the purpose of getting married.
K-2. Minor, unmarried children of K-1 visa holders.
K-3. Spouses of U.S. citizen petitioners awaiting USCIS approval of their immigrant visa petition and the availability of an immigrant visa.
K-4. Unmarried children of K-3 visa holders.
L-1. Intracompany transferees who work as managers, executives, or persons with specialized knowledge.
L-2. Spouses and children of L-1 visa holders.
M-1. Vocational or other nonacademic students, other than language students.
M-2. Spouses and children of M-1 visa holders.
M-3. Citizens or residents of Mexico or Canada commuting to the U.S. to attend vocational school.
N-8. Parents of certain special immigrants.
N-9. Children of certain special immigrants or N-9 visa holders.
NATO-1, NATO-2, NATO-3, NATO-4, and NATO-5. Representatives, officials, and experts coming to the U.S. under applicable provisions of the NATO Treaty, and their immediate family members.
NATO-6. Civilians accompanying military forces on missions authorized under the NATO Treaty, and their immediate family members.
NATO-7. Attendants, servants, or personal employees of NATO-1 through NATO-6 visas holders, and their immediate family members.
O-1. Persons of extraordinary ability in the sciences, arts, education, business, or athletics.
O-2. Essential support staff of O-1 visa holders.
O-3. Spouses and children of O-1 and O-2 visa holders.
P-1. Internationally recognized athletes and entertainers, and their essential support staff.
P-2. Entertainers coming to perform in the U.S. through a government-recognized exchange program.
P-3. Artists and entertainers coming to the U.S. in a group to present culturally unique performances.
P-4. Spouses and children of P-1, P-2, and P-3 visa holders.
Q-1. Exchange visitors coming to the U.S. to participate in international cultural exchange programs.
Q-2. Participants in the Irish Peace Process Cultural and Training Program (Walsh visas)
Q-3. Spouses and children of Q-1 visa holders.
R-1. Ministers and other workers of recognized religions.
R-2. Spouses and children of R-1 visa holders.
S-5. People coming to the U.S. to supply information to about a criminal organization.
S-6. People coming to the U.S. to provide information about a terrorist organization.
T-1. Victims of trafficking in persons.
T-2, T-3. Spouses and children of victims of trafficking.
TN. Trade visas for Canadians and Mexicans.
U-1. People who have suffered "substantial physical or mental abuse" as a result of certain U.S. criminal violations including domestic violence and who are assisting law enforcement authorities.
U-2, U-3. Spouses and children of U-1 visa holders.
V. Spouses and children of U.S. lawful permanent resident petitioners who have already waited three years for the approval of their visa petition or for an immigrant visa to become available, so long as their visa petition was submitted on or before December 21, 2000.

Your next step is determining how and where to apply for your visa.

Limits on Activities in the U.S.

Your visa allows you to enter the United States and to engage in certain activities while you're there. For example, if you receive a student visa, you're allowed to study in the United States -- but not to work off campus (unless you seek special permission) and not to stay permanently.

How Long Your Visa Will Last

Just as nonimmigrant visas vary in purpose, they also vary as to how long they last. Each nonimmigrant visa is given an expiration date according to what the law allows. Most can also be extended a certain number of times.

An important caution: The expiration date on your visa does not indicate how long you can stay in the U.S. once you arrive. It indicates only the period of time during which you have the right to enter the United States using that visa. How long you can stay is shown by the date on your "I-94 card," which is a small white or green card you'll be given when you enter the country.
If your visa is "multiple entry," however, you can use it to enter the United States again, as soon as you like. If it's not multiple entry, you can use it only once.

For more information on visas or help filing your application with USCIS, DOL, or the Department of State, contact us today:

www.cundyandmartin.com

www.ImmigrationLawyerMN.com

Vincent Martin, Immigration Lawyer Minneapolis, Minnesota

New Immigration Filing Fees

2010-11-05T09:27:00.000-07:00

The following schedule lists the increased fees that will take effect on November 23, 2010, alongside the existing fees in effect until that date:

I-90 Application to Replace Permanent Resident Card $290 $365
I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document $320 $330
I-129/129CW Petition for a Nonimmigrant Worker $320 $325
I-129F Petition for Alien Fiancé(e) $455 $340
I-130 Petition for Alien Relative $355 $420
I-131 Application for Travel Document $305 $360
I-140 Immigrant Petition for Alien Worker $475 $580
I-191 Application for Advance Permission to Return to Unrelinquished Domicile $545 $585
I-192 Application for Advance Permission to Enter as Nonimmigrant $545 $585
I-193 Application for Waiver of Passport and/or Visa $545 $585
I-212 Application for Permission to Reapply for Admission into the U.S. after Deportation or Removal $545 $585
I-290B Notice of Appeal or Motion $585 $630
I-360 Petition for Amerasian, Widow(er), or Special Immigrant $375 $405
I-485 Application to Register Permanent Residence or Adjust Status $930 $985
I-526 Immigrant Petition by Alien Entrepreneur $1,435 $1,500
I-539 Application to Extend/Change Nonimmigrant Status $300 $290
I-600/600A

I-800/800A Petition to Classify Orphan as an Immediate Relative/Application for Advance Processing of Orphan Petition $670 $720
I-601 Application for Waiver of Ground of Excludability $545 $585
I-612 Application for Waiver of the Foreign Residence Requirement $545 $585
I-687 Application for Status as a Temporary Resident under Sections 245A or 210 of the Immigration and Nationality Act $710 $1,130
I-690 Application for Waiver of Grounds of Inadmissibility $185 $200
I-694 Notice of Appeal of Decision under Sections 245A or 210 of the Immigration and Nationality Act $545 $755
I-698 Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603) $1,370 $1,020
I-751 Petition to Remove the Conditions of Residence $465 $505
I-765 Application for Employment Authorization $340 $380
I-817 Application for Family Unity Benefits $440 $435
I-824 Application for Action on an Approved Application or Petition $340 $405
I-829 Petition by Entrepreneur to Remove Conditions $2,850 $3,750
I-881 Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105–110) $285 $285
I-907 Request for Premium Processing Service $1,000 $1,225
Civil Surgeon Designation $0 $615
I-924 Application for Regional Center under the Immigrant Investor Pilot Program $0 $6,230
N-300 Application to File Declaration of Intention $235 $250
N-336 Request for Hearing on a Decision in Naturalization Proceedings $605 $650
N-400 Application for Naturalization $595 $595
N-470 Application to Preserve Residence for Naturalization Purposes $305 $330
N-565 Application for Replacement Naturalization/Citizenship Document $380 $345
N-600/600K Application for Certification of Citizenship/ Application for Citizenship and Issuance of Certificate under Section 322 $460 $600
Immigrant Visa DHS Domestic Processing $0 $165
Biometrics Capturing, Processing, and Storing Biometric Information $80 $85

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President Obama and Immigration Reform

2010-10-27T12:29:00.000-07:00

According to the New York Times, President Obama still vows to push immigration reform. “I’m going to keep my promise on immigration reform,” NYT, Oct. 25, 2010.

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Be Careful When Using Facebook, Myspace...Immigration May be Watching

2010-10-18T09:21:00.000-07:00

U.S. Citizenship and Immigration Services - USCIS, has made clear that it uses social networking sites to mine for information when investigating people, "This provides an excellent vantage point for FDNS [Office of Fraud Detection and National Security] to observe the daily life of beneficiaries and petitioners who are suspected of fraudulent activities."

It will be interesting to see what, if any, measures Facebook and others take to maintain the integrity of their services and keep customer matters private to prevent artificial "friends" from infiltrating your information.

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www.ImmigrationLawyerMN.com

Abercrombie & Fitch Immigration Problem results $1 million fine

2010-09-29T12:32:00.000-07:00

"U.S. Immigration and Customs Enforcement's (ICE) Office of Homeland Security Investigations (HSI) announced today a $1,047,110 fine settlement reached with the clothing retailer Abercrombie & Fitch for violations of the Immigration and Nationality Act related to an employer's obligation to verify the employment eligibility of its workers. The settlement is the result of a November 2008 Form I-9 inspection of Abercrombie & Fitch's retail stores in Michigan. The audit uncovered numerous technology-related deficiencies in Abercrombie & Fitch's electronic I-9 verification system." ICE, Sept. 28, 2010.

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Immigration Filing Fees Increasing

2010-09-27T14:34:00.000-07:00

DHS will increase the fees by a weighted average of 10 percent effective November 23, 2010. Applications or petitions mailed, postmarked, or otherwise filed on or after November 23, 2010 must include the new fee.

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Criminal Lawyers Need to Know Padilla

2010-09-22T09:42:00.000-07:00

If you are a criminal lawyer, you need to be familiar with the U.S. Supreme Court case Padilla v. Kentucky, 130 S. Ct. 1473 (2010). The U.S. Department of Justice, Office of Immigration Litigation, has put together the Reference Guide to Immigration Consequences of Crimes in Response to Supreme Court Decision in Padilla v. Kentucky.

You can get this guide at: http://www.justice.gov/civil/oil/Padilla_Monograph.htm

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Work Permit for F-1 Students from Haiti

2010-08-30T13:02:00.000-07:00

U.S. Immigration and Customs Enforcement (ICE) has approved special relief for certain F-1 Haitian students who have suffered severe economic hardship as result of the Jan. 12 earthquake in Haiti. This relief applies only to students who were lawfully present in the United States in F-1 status on Jan. 12, and enrolled in an institution that is certified by ICE's Student and Exchange Visitor Program. F-1 students granted employment authorization by means of this notice will be deemed to be engaged in a full course of study if they meet the minimum course-load requirements specified in the notice. ICE, Aug. 30, 2010.

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Immigration Filing Fees

2010-07-27T10:53:00.001-07:00

USCIS Expands Payment Options at All Domestic Offices

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) today announced that beginning October 1, 2010, domestic offices and U.S. territories, including the U.S. Virgin Islands and Guam, will no longer accept cash payment. Eliminating the acceptance of cash will reduce USCIS operating costs. As an alternative to cash, our customers may pay using checks (including personal checks), money orders, and credit cards. Checks and money orders must be made payable to the U.S. Department of Homeland Security. Processing of your application will not be affected by the use of an alternative payment method.

USCIS accepts credit cards in all Field Offices that accept payments. Accepted cards include Visa®, Mastercard®, American Express®, and Discover® Network.

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www.ImmigrationLawyerMN.com

Immigration Filing Fees

2010-07-27T10:53:00.000-07:00

USCIS Expands Payment Options at All Domestic Offices

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) today announced that beginning October 1, 2010, domestic offices and U.S. territories, including the U.S. Virgin Islands and Guam, will no longer accept cash payment. Eliminating the acceptance of cash will reduce USCIS operating costs. As an alternative to cash, our customers may pay using checks (including personal checks), money orders, and credit cards. Checks and money orders must be made payable to the U.S. Department of Homeland Security. Processing of your application will not be affected by the use of an alternative payment method.

USCIS accepts credit cards in all Field Offices that accept payments. Accepted cards include Visa®, Mastercard®, American Express®, and Discover® Network.

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Immigration Fees Going Up

2010-06-12T10:05:00.000-07:00

U.S. Citizenship and Immigration Services (USCIS) plans to adjust fees for immigration benefit applications and petitions. The proposal would increase overall fees by a weighted average of about 10 percent but would not increase the fee for the naturalization application.

The proposed fee structure would establish three new fees, including a fee for regional center designations under the Immigrant Investor Pilot Program, a fee for individuals seeking civil surgeon designation and a fee to recover USCIS's cost of processing immigrant visas granted by the Department of State. The proposed fee structure also reduces fees for certain individual applications and petitions as a result of lower processing costs.

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VWP Marriage Green Card Denied

2010-04-30T09:06:00.000-07:00

VWP Green Card Applicants Beware

The U.S. Court of Appeals for the Third Circuit has now joined other courts in holding that a person who files for adjustment of status (green card) after his or her VWP period expires, waives the right to contest removal (deportation) proceedings.

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H-1B Visas Still Available

2010-04-12T06:34:00.000-07:00

As of Friday, April 9, 2010, U.S. Citizenship and Immigration Services (USCIS) continues to
accept H-1B nonimmigrant petitions subject to the Fiscal Year 2011 (FY 2011) cap. USCIS will
monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master’s degree or higher educational exemption.

USCIS has received approximately 13,500 H-1B petitions counting toward the 65,000 cap. The agency has received approximately 5,600 petitions for individuals with advanced degrees.

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Immigration Reform

2010-03-23T07:18:00.000-07:00

Senators Charles Schumer (D-NY) and Lindsey Graham (R-SC) recently presented their blueprint for immigration reform legislation. The outline of their proposal rests on four pillars: ending illegal employment through biometric Social Security cards, enhancing border and interior enforcement, managing the flow of future immigration to correspond to economic realities, and creating a tough but fair path toward legalization for the 11 million people currently in the U.S. without authorization.

See the article in the Washington Post at: http://www.washingtonpost.com/wp-dyn/content/article/2010/03/17/AR2010031703115.html?hpid=opinionsbox1

For more information on immigration law, deportation, green cards, K-1 fiance visas, and work visas, visit us at www.CundyAndMartin.com or www.ImmigrationLawyerMN.com .

K-2 Age Out Update

2010-02-03T15:16:00.000-08:00

A federal court has ruled that K-2 visa holder who timely applies for adjustment of status under INA § 245(d) must be under 21 when he or she seeks to enter the U.S., but not when the adjustment application is finally adjudicated. (Carpio v. Holder, 1/12/10).

A K-2 visa holder is the derivative beneficiary child of a principal K-1 fiance visa holder.

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HIV Immigration News

2010-01-29T10:18:00.001-08:00

As of January 4, 2010, infection with the Human Immunodeficiency Virus (HIV) is no longer a ground of inadmissibility. If you have the HIV infection, you are no longer inadmissible to the United States, and are no longer required to file Form I-601 because of your HIV infection. As part of the revisions to Form I-601, any reference to HIV infection in the form and the instructions were removed.

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Obama Immigration Law Reform Unlikely

2010-01-09T12:23:00.000-08:00

The New York Times is reporting that immigration reform in 2010 under president Obama is unlikely. "Mexico's ambassador to the United States said Friday he expects immigration reform is unlikely to pass in that country in 2010 because of unemployment and midterm elections. In an unusually frank assessment, Ambassador Arturo Sarukhan said Mexico will continue its quiet, ''under the radar'' lobbying for a reform that would benefit the estimated 11.8 million Mexicans living in the United States. A large percentage are undocumented."

For the rest of the story, see:

http://www.nytimes.com/aponline/2010/01/08/world/AP-LT-Mexico-US-Migration.html?_r=1

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H-1B Visa Cap Reached

2009-12-23T08:40:00.000-08:00

Fiscal Year 2010 H-1B Cap Count

As of December 21, 2009, USCIS has received sufficient petitions to reach the statutory cap for FY2010. USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2010 that are received after December 21, 2009 USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on December 21, 2009.

H-1B Lawyers of Minnesota

http://www.cundyandmartin.com/immigration/work-visas/h-1b.php

Immigration News on Worksite Enforcement, Raids, DHS Visits, and Illegal Immigration. USCIS and ICE Focus on Work Visas.

2009-11-24T15:37:00.000-08:00

The Department of Homeland Security, through an announcement entitled "2009 Government and Employers: Working Together to Ensure a Legal Workforce," explained the three types of site visits that are currently being conducted:

1. Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based, this study is part of a joint program between USCIS and ICE. Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.

2. Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.

3. Administrative site visits. These relate to religious worker and H-1B petitions. They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.

http://www.immigrationlawyermn.com/

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(952) 746-4111

Immigration Lawyers of Minnesota

Duluth, Minnesota, Immigration Lawyers and Attorneys

2009-10-23T08:23:00.000-07:00

Duluth, Minnesota, Immigration Lawyers and Attorneys

www.DuluthImmigrationLawyer.com
www.ImmigrationLawyerMN.com
www.cundyandmartin.com

The city of Duluth is located in northeast Minnesota and is home to both historic roots of the north, as well as, a diverse population of native northerners and foreign born immigrants. Duluth is the hub of the Minnesota northland for such cities as Cloquet, Hermantown, Proctor, Two Harbors, Hibbing, and Superior, Wisconsin.

Total population is approximately 85,000. According to U.S. census data:

12.5% of the population is foreign born

19.5% speak another language, other than English, within the home

15% of the population is non-white or non-black, i.e., they are Hispanic, Asian, etc.

The central U.S. Immigration office and Immigration Court that serves Duluth and Minnesota, generally, is located in Bloomington, MN. This means that even though you may live in Duluth, if you are seeking a work visa, family sponsorship, green card, K-1 fiance visa or facing deportation, you will need an immigration attorney who is familiar with U.S. Citizenship and Immigration Services – USCIS, U.S. Immigration and Customs Enforcement – ICE, and the Immigration Court in Bloomington. Cundy and Martin, LLC, is located in Bloomington, MN, and serves clients out of Duluth while its main office is located in Bloomington, near USCIS, ICE, and the Federal Immigration Court, to address the immigration needs and concerns of its diverse clientele.

Call or email our office if you need immigration assistance and Vincent Martin will gladly help you. Mr. Martin is a Partner at Cundy & Martin, LLC, and heads the Immigration Practice Group. Vincent represents employers, business personnel, investors, families seeking to sponsor other family members, students, asylees, and those facing deportation with all areas of immigration law. Vincent has helped countless clients with work visas, family visas, and deportation defense.

Call (952) 746-4111

vmartin@cundyandmartin.com

www.DuluthImmigrationLawyer.com

ICE and USCIS Worksite Visits H-1B Employers

2009-10-09T07:37:00.000-07:00

The Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS) and U.S. Immigration and Customs Enforcement (ICE), is targeting both employers with laborers and professional workers. ICE has undertaken an aggressive position toward investigating potential immigration violations at worksites. Employers and immigration attorneys nationwide are reporting surprise visits by ICE at worksites. However, unlike the visits of the past where ICE typically only raided undocumented workers at jobs such as meat processing plants, apparel factories, and the like, DHS is now visiting employers who employ professional workers under the H-1B program. The H-1B program generally grants work visas to those filling jobs that require a bachelor’s degree or higher. Such workers can include accountants, engineers, computer programmers, etc.

It appears that many of the H-1B visits by DHS are not triggered by anything in particular as small and large employers have been visited. In fact, very reputable companies with established histories of complying with the immigration law are being visited. This has caused some to question the efficiency and effectiveness of such visits at taxpayer expense. As employers become fearful of DHS investigations, I think it may a chilling effect on whether employers will select the best qualified candidates for jobs or the candidate that will result in the least scrutiny by our immigration service. This would not be good for business nor the public. If an employer has followed the rules, it should not have to expend time and resources, nor deal with the disruption, that surprise visits by DHS causes at the workplace. The legality of such warrantless “visits” has yet to be challenged in the courts, but it will only be a matter of time before an employer raises such issues.

There is a place for worksite enforcement by immigration officials, but there is also a need for a reasoned strategy.

www.ImmigrationLawyerMN.com

Obama Immigration Law Reform

2009-08-13T08:18:00.000-07:00

Obama Immigration Law Reform

President Barack Obama recently announced that he expects to have a new immigration law proposal in Congress by the end of the year, but that there will not be a new immigration law in effect until next year. He stated that there needs to be "a pathway to citizenship" for millions of illegal immigrants in the United States, and that the system must be reworked to avoid tensions with Mexico. Without it, he said, Mexicans will keep crossing the border in dangerous ways and employers will continue exploiting workers. "We can create a system in which you have . . . an orderly process for people to come in, but we're also giving an opportunity for those who are already in the United States to be able to achieve a pathway to citizenship so that they don't have to live in the shadows,"

This gives hope to many immigrants in the U.S., legal or illegal, documented or undocumented, as a new immigration law could effect not only the millions of illegal aliens or undocumented workers in the U.S., but also their families. Many family members of undocumented immigrants are lawful U.S. citizens, especially their U.S. born children. Even though an illegal alien may have a U.S. citizen immediate family member, the U.S. immigration law does not provide a clear path to legalization.

Under the current law, most illegal or undocumented immigrants must return to their home country before they can become legal in the United States. The problem that this creates is that once the person departs the U.S. to comply with the law, another section of the law bars them from returning for 10 years or more. Unfortunatley, many immigrants, in attempting to comply with our laws, leave the U.S. with the hope of returning through family sponsorship, only to learn at their visa interview at the U.S. consulate, that they are barred for ten years because of their previous unlawful presence in the U.S.

With hope that there will be immigration reform within the next two years that will provide “a pathway to citizenship,” many immigration lawyers are reporting that many immigrants are choosing to remain in the U.S., albeit illegally, rather than return to their home country and risk being barred for 10 years.

www.ImmigrationLawyerMN.com

TPS for Somalia

2009-07-27T14:58:00.001-07:00

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18-Month Extension of Temporary Protected Status for Somalia.

U.S. Citizenship and Immigration Services (USCIS) today announced that the Department of Homeland Security (DHS) will extend Temporary Protected Status (TPS) for nationals of Somalia from its current expiration date of Sept. 17, 2009 through March 17, 2011.

Reopen In Absentia after Departure Deportation

2009-07-23T13:20:00.000-07:00

The Board of Immigration Appeals - BIA, has held that an alien’s departure from the United States while under an outstanding order of deportation or removal issued in absentia does not deprive the Immigration Judge of jurisdiction to entertain a motion to reopen to rescind the order if the motion is premised upon lack ofnotice.

See: Matter of Olivia BULNES-Nolasco, RespondentFile A074 374 363 - Hartford, ConnecticutDecided July 23, 2009, http://www.usdoj.gov/eoir/vll/intdec/vol25/3651.pdf

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Am I a Citizen of the United States?

2009-07-09T07:51:00.001-07:00

Am I a Citizen of the United States?

By Immigration Lawyer Minnesota Vincent Martin

Many people are citizens of America by birth or through some other part of the immigration law and don’t even know it. If you are a citizen by law, you do not need to take the citizenship and naturalization test through the INS or U.S. Citizenship and Immigration Services. Even if you have no documentation or consider yourself an “illegal alien” for example, no green card, no visa, no immigration paperwork, if you are citizen by law, your lack of documentation does not change the fact that you are a citizen – you just need proof of it.

Keep in mind that this article does not address amnesty or other types of laws that grant people immigration status. This article talks about the possibility that you may be a citizen by virtue of your parents’ or grandparents’ U.S. citizenship, or your place of birth.

The laws that determine whether you are a citizen automatically under the law have changed over the years. Under most circumstances, if you were born in the United States, you are a U.S. citizen. But in some instances, even if you were not born in the U.S., you may still be a citizen.

If you were born outside of America, the law typically looks to the law that was in effect at the time of your birth, your parent’s birth, your grandparent’s birth, etc. In some instances, merely being the child of a U.S. citizen makes you a citizen no matter where you were born, but in other instances the law requires that your American parent have resided in the United States for a period of time before citizenship can be automatically bestowed on you. Another factor to consider is whether your parents were married at the time you were born. The immigration law regarding children born out of wedlock can determine whether you received citizenship automatically or not.

If you were not a citizen at birth, you may have acquired citizenship through your mother or father when he or she became a citizen or naturalized. This typically requires that your parent naturalize before your 18th birthday. For example, if you have a green card and you are under 18 at the time that you parent becomes a U.S. citizen, you may have received citizenship automatically along with your parent, even though you don’t have documentation of it. In this case, you would not need to take the citizenship test, you would simply apply for a certificate of citizenship. The Child Citizenship Act of 2000 (CCA) would be the applicable law.

If you think that you may already be a citizen by law, you should contact an immigration attorney to get a legal opinion about your case. If you simply show up at the border, airport or other immigration office and merely try to claim citizenship without proper proof, the immigration service will send your case to the immigration judge and essentially place you into deportation. You will then have to prove your claim to the judge. With proper planning, if you have a legitimate claim to citizenship, you may be able to avoid the deportation process by receiving a certificate of citizenship or U.S. passport.

Vincent Martin is an immigration lawyer at Cundy and Martin, LLC, in Bloomington, MN. As an immigration attorney, his practice is devoted exclusively to immigration law. Vincent may be reached at 952-746-4111 or www.cundyandmartin.com .

Possession of Child Pornography and Immigration

2009-07-07T12:53:00.000-07:00

By Minneapolis Immigration Lawyer

Child pornography is a crime involving moral turpitude for which U.S. Immigration and Customs Enforcement - ICE - can revoke an immigrant's U.S. citizenship. This is according to a recent decision by the Ninth Circuit Court of Appeals. You can find the case at:

http://www.ca9.uscourts.gov/datastore/opinions/2009/04/20/0755470.pdf

www.cundyandmartin.com

July Visa Bulletin

2009-06-11T13:27:00.000-07:00

http://travel.state.gov/visa/frvi/bulletin/bulletin_4512.html?css=print

http://www.cundyandmartin.com/

My Immigration Lawyer Made a Mistake

2009-06-08T07:41:00.000-07:00

When your lawyer makes a mistake, this is commonly called Ineffective Assistance of Counsel. Immigration courts have typically recognized mistakes made by lawyers as justification to reopen a case or otherwise let the immigrant try to fix his or her case. Below is a release from the Attorney General addressing the current state of this issue.

Attorney General Vacates Compean Order, Initiates New Rulemaking to Govern Immigration Removal Proceedings

Attorney General Eric Holder today vacated the order issued in Matter of Compean by Attorney General Mukasey in January and announced his intention to initiate a new rulemaking proceeding for regulations to govern claims of ineffective assistance of counsel in removal proceedings.

"The integrity of immigration proceedings depends in part on the ability to assert claims of ineffective assistance of counsel, and the Department of Justice’s rulemaking in this area will be fair, it will be transparent, and it will be guided by our commitment to the rule of law," Holder said. "It is important that the
American people have the opportunity to participate in formulating our procedures in this area, and this new process will ensure they do."

On January 7, Attorney General Mukasey issued an order in Matter of Compean overturning Board of Immigration Appeals precedent and procedures governing assistance of counsel in removal proceedings. The order limited non-citizens’ ability to make claims of ineffective assistance of counsel in immigration
proceedings, and it did so without the full range of public input that a notice and comment rulemaking would have provided.

In the order issued today, Attorney General Holder directs the Executive Office for Immigration Review to initiate rulemaking procedures as soon as practicable to evaluate the existing framework for making claims of ineffective assistance of counsel, to solicit public comment, and, if appropriate, to issue a final rule.
By vacating the previous order, Attorney General Holder restores the procedures governing removal proceedings to those in place before the issuance of Attorney General Mukasey’s order.

www.cundyandmartin.com

H1B Visas Still Available

2009-05-05T14:14:00.000-07:00

According to the most recent count by USCIS, there are still thousands of H-1B visas available. Since qualified candidates can have their petitions filed relatively quickly, there is still time to apply for H-1b visa.

www.cundyandmartin.com

President Obama and Immigration

2009-04-09T10:48:00.000-07:00

The New York Times is reporting that President Obama plans to begin addressing the country’s immigration system this year, including looking for a path for illegal immigrants to become legal. Click here for the rest of the story:

http://www.nytimes.com/2009/04/09/us/politics/09immig.html?_r=2

www.cundyandmartin.com

TN Visa

2009-04-07T19:48:00.000-07:00

TN status is available under NAFTA for professional workers from Canada and Mexico if they are filling one of the following positions and have the necessary qualifications for the position. TN status may now be granted for up to three years.

Accountant Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A. or C.M.A.
Architect Baccalaureate or Licenciatura Degree; or state/provincial license
Computer Systems Analyst Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience
Disaster Relief Insurance Claims Adjuster (claims Adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster) Baccalaureate or Licenciatura Degree, and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims.
Economist Baccalaureate or Licenciatura Degree
Engineer Baccalaureate or Licenciatura Degree; or state/provincial license
Forester Baccalaureate or Licenciatura Degree; or state/provincial license
Graphic Designer Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience
Hotel Manager Baccalaureate or Licenciatura Degree in hotel/restaurant management; or PostSecondary Diploma or PostSecondary Certificate in hotel/restaurant management, and three years experience in hotel/restaurant management
Industrial Designer Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience
Interior Designer Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience
Land Surveyor Baccalaureate or Licenciatura Degree; or state/provincial/federal license
Landscape Architect Baccalaureate or Licenciatura Degree
Lawyer (including Notary in the Province of Quebec) LL.B., J.D., LL.L., B.C.L. or Licenciatura Degree (five years); or membership in a state/provincial bar
Librarian M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite)
Management Consultant Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement
Mathematician (including Statistician) Baccalaureate or Licenciatura Degree
Range Manager/Range Conservationalist Baccalaureate or Licenciatura Degree
Research Assistant (working in a post-secondary educational institution) Baccalaureate or Licenciatura Degree
Scientific Technician/Technologist Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research
Social Worker Baccalaureate or Licenciatura Degree
Sylviculturist (including Forestry Specialist) Baccalaureate or Licenciatura Degree
Technical Publications Writer Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience
Urban Planner (including Geographer) Baccalaureate or Licenciatura Degree
Vocational Counsellor Baccalaureate or Licenciatura Degree

Medical/Allied Professional
Dentist D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental; or state/provincial license
Dietitian Baccalaureate or Licenciatura Degree; or state/provincial license
Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States) Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
Nutritionist Baccalaureate or Licenciatura Degree
Occupational Therapist Baccalaureate or Licenciatura Degree; or state/provincial license
Pharmacist Baccalaureate or Licenciatura Degree; or state/provincial license
Physician (teaching or research only) M.D. or Doctor en Medicina; or state/provincial license
Physiotherapist/Physical Therapist Baccalaureate or Licenciatura Degree; or state/provincial license
Psychologist State/provincial license; or Licenciatura Degree
Recreational Therapist Baccalaureate or Licenciatura Degree
Registered Nurse State/provincial license; or Licenciatura Degree
Veterinarian D.V.M., D.M.V. or Doctor en Veterinaria; or state/provincial license

Scientist
Agriculturist (including Agronomist) Baccalaureate or Licenciatura Degree
Animal Breeder Baccalaureate or Licenciatura Degree
Animal Scientist Baccalaureate or Licenciatura Degree
Apiculturist Baccalaureate or Licenciatura Degree
Astronomer Baccalaureate or Licenciatura Degree
Biochemist Baccalaureate or Licenciatura Degree
Biologist Baccalaureate or Licenciatura Degree
Chemist Baccalaureate or Licenciatura Degree
Dairy Scientist Baccalaureate or Licenciatura Degree
Entomologist Baccalaureate or Licenciatura Degree
Epidemiologist Baccalaureate or Licenciatura Degree
Geneticist Baccalaureate or Licenciatura Degree
Geologist Baccalaureate or Licenciatura Degree
Geochemist Baccalaureate or Licenciatura Degree
Geophysicist (including Oceanographer in Mexico and the United States) Baccalaureate or Licenciatura Degree
Horticulturist Baccalaureate or Licenciatura Degree
Meteorologist Baccalaureate or Licenciatura Degree
Pharmacologist Baccalaureate or Licenciatura Degree
Physicist (including Oceanographer in Canada) Baccalaureate or Licenciatura Degree
Plant Breeder Baccalaureate or Licenciatura Degree
Poultry Scientist Baccalaureate or Licenciatura Degree
Soil Scientist Baccalaureate or Licenciatura Degree
Zoologist Baccalaureate or Licenciatura Degree

Teacher

College Baccalaureate or Licenciatura Degree
Seminary Baccalaureate or Licenciatura Degree
University Baccalaureate or Licenciatura Degree

No Immigration Reform by Obama Administration Expected Anytime Soon

2009-03-31T14:51:00.000-07:00

Ever since Barack Obama became a viable candidate for the presidency, immigrant communities and activists have had increased hope for immigration reform that would help millions of undocumented immigrants remain in the United States.

But according to a story reported by Reuters, Vice President Joe Biden recently told Costa Rican leaders in a press conference that, essentially, immigration reform is not an urgent matter at this time. This, despite what was said during President Obama's election campaign that he supported comprehensive immigration reform.

This may be the first definitive statement on the matter to come out of the Obama administration. Until now, many were still holding out hope for immigration reform in the near future, despite the economic concerns of the country.

For the whole story, see http://www.reuters.com/article/politicsNews/idUSTRE52T7SE20090330

DREAM Immigration Law

2009-03-30T10:00:00.000-07:00

DREAM Act re-introduced in Congress.

To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine State residency for higher education purposes and to authorize the cancellation of removal and adjustment of status of certain alien students who are long-term United States residents and who entered the United States as children, and for other purposes.

www.cundyandmartin.com

Liberian immigrants in Minnesota

2009-03-13T21:27:00.001-07:00

www.cundyandmartin.com

Immigration Lawyers of Minnesota

The article linked below discusses Liberians in Minnesota facing deportation to Liberia. The article focuses on the immigration law that permitted Liberians to come to the United States but is now ending. The article also discusses possible citizenship for Liberians.

Immigration Article

Passport may not be needed to head to Canada

2009-03-06T16:54:00.000-08:00

Immigration Lawyers of Minnesota

Click here for story.

www.cundyandmartin.com

H-2B

2009-03-02T08:23:00.001-08:00

For H-2B temporary worker information, click HERE.

Liberians Minnesota Deportation

2009-02-10T12:42:00.000-08:00

Liberians in Minnesota and elsewhere are facing deportation. See the story at:

http://www.cnn.com/2009/US/02/09/liberians.deportation/

www.cundyandmartin.com

Minnesota Immigration Lawyers

H-1B Cap Gap and OPT Extension

2009-01-24T10:41:00.001-08:00

H-1B Cap Gap and OPT Extension

What is the Cap-Gap?

If you are reading this article on the “Cap-Gap” rule, then you most likely are familiar with terms such as H1B, F-1, and OPT. If you are not familiar with these terms, explanations can be found elsewhere on this site.

The “cap gap” generally refers to the period of time between when your optional practical training (OPT) ends and your H-1B takes effect. In the past, it was quite common for your OPT to expire more than 60 days before October 1st, the date that the H1B takes effect, and therefore left you with unlawful presence during that period. The “cap” on the limited number of H-1B visa numbers issued each year created a “gap” in the prospective employee’s status; thus we have the term Cap-Gap. The new cap-gap regulations fix this.

How does the new Cap Gap regulation help?

This cap-gap extension automatically becomes effective when the H-1B cap has been reached and the student has an H-1B petition filed on his/her behalf during the acceptance period. This rule does not apply to all F-1 students, only those with F-1 OPT status and work authorization incident to status while an H-1B application is filed and pending. For example, if a student’s OPT expires on 6/15/09 (and his or her EAD card expires accordingly), and if the student has a valid H-1B application that has been accepted and is pending with USCS, his or her status and work authorization is automatically extended until USCIS makes a decision on the H1B.

What happens to the cap-gap if USCIS denies the H-1B?

If the H-1B application is rejected or denied on the merits, the status and work authorization would end on the date of rejection and/or denial. If approved however, the student’s OPT status and work authorization is valid until the beginning of the next FY, which always begins on October 1 of each year.

Extended OPT for students in the high-tech industry

F-1 academic students who receive science, technology, engineering, and mathematics (STEM) degrees and who receive an initial grant of post-completion OPT, may apply for a 17-month extension for a maximum of 29 months of post-completion OPT.

What are the eligible STEM degrees?

To be eligible for the 17-month OPT extension, a student must have received a degree in one of the following fields: Computer Science Applications, Life Sciences, Actuarial Science, Mathematics, Engineering, Military Technologies, Engineering Technologies, Physical Sciences, Biological and Biomedical Sciences, and possibly others.

Minnesota Immigration Lawyers

www.cundyandmartin.com

H-1B Employer Must Pay Back Wages

2009-01-21T11:59:00.000-08:00

In a recent case from the U.S. Department of Labor, an employer that terminated an H-1B worker was ordered to pay back wages in the amount of $39,666.47, plus interest.

More importantly, the DOL held that termination of the H-1B employee did not become effective until the employer properly notified the immigration service about the termination. The judge held that even though the employee had not worked for the employer for several months, the employer must pay back wages because it failed to notify the immigration service in a timely manner.

This decision may have serious consequences in the H-1B world. Currently, many employers do not inform USCIS that the H1B worker has left the company as a favor to the employee so that the employee can try to find another employer willing to transfer the visa. As employers learn of this recent decision, I suspect that most will no longer be willing to hold off on informing USCIS and risk severe penalties.

For more information on H-1B visas, see http://www.cundyandmartin.com/practice-areas/immigration-law/h-1b.html

http://www.cundyandmartin.com/

http://www.oalj.dol.gov/PUBLIC/ARB/DECISIONS/ARB_DECISIONS/LCA/07_008.LCAP.HTM

H1B Start Now

2009-01-21T06:43:00.000-08:00

USCIS, the immigration service that processes work visa applications, will begin accepting H-1B petitions on April 1. This will be for employment to begin on October 1. As in past years, it is expected that all 65,000 H1B visa numbers will be taken in the first day or two.

The H1B is not a green card. It is a temporary work visa, typically valid for three years. The H-1B allows people to work in the U.S. if they are filling jobs that require at least a bachelor's degree or higher.

If you are considering the H-1B, now is the time to start getting things in order for filing on April 1. What is the H-1B, see http://www.cundyandmartin.com/practice-areas/immigration-law/h-1b.html .

Minnesota Immigration Lawyer

H-2B Cap Reached, Posted by Minneapolis Immigration Lawyers

2009-01-08T10:04:00.000-08:00

USCIS Reaches H-2B Cap for Second 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 second half of Fiscal Year 2009 (FY2009). USCIS is hereby notifying the public that Jan. 7, 2009 was the “final receipt date” for new H-2B worker petitions requesting employment start dates prior to October 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 second half of FY2009.

USCIS will reject petitions for new H-2B workers seeking employment start dates prior to October 1, 2009 that arrive after Jan. 7, 2009.

If deemed necessary, USCIS may apply a computer-generated random selection process to all petitions that are subject to the cap and received on Jan. 7, 2009 in order 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.

I-9 Law and Rule Change

2008-12-17T12:51:00.000-08:00

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

How long can a Green Card holder stay outside of the United States?

2008-12-08T09:29:00.000-08:00

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

Learn English With Help from Government

2008-11-12T08:39:00.000-08:00

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.

Labor Certification - How much effort must an employer make to contact applicants?

2008-11-06T07:26:00.000-08:00

By Vincent Martin, Bloomington, Minnesota, Immigration Lawyer

www.cundyandmartin.com

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.

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

Immigration Help for Military

2008-11-04T15:50:00.000-08:00

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.

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.

Selective Service for Immigrants

2008-10-16T15:06:00.000-07:00

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

H-2B Visa Filing

2008-10-13T07:36:00.001-07:00

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

TPS Extended for Immigrants from El Salvador

2008-09-24T13:28:00.000-07:00

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

Not Enough H-2B Visa Temporary Workers Means Fewer Jobs for U.S. Workers

2008-09-10T15:14:00.000-07:00

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

Five “Deadly Sins” That Will Kill Any Immigration Application

2008-08-28T09:27:00.000-07:00

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.

New ICE program gives non-criminal fugitive aliens opportunity to avoid arrest and detention

2008-08-06T08:56:00.000-07:00

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."

USCIS REACHES H-2B CAP FOR FIRST HALF OF FISCAL YEAR 2009

2008-07-31T07:38:00.000-07:00

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.

Reentry Permit Renewal

2008-07-23T07:57:00.000-07:00

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 .

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Immigration Questions (frequently asked)

2008-07-11T08:41:00.000-07:00

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 .

Check the status of your FOIA request online

2008-07-03T14:02:00.001-07:00

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/

New I-9 Form

2008-06-25T12:33:00.000-07:00

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'

Boy George Denied a Visa

2008-06-24T14:34:00.000-07:00

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

Deportation for Filing False Tax Return

2008-06-24T14:12:00.000-07:00

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).

2 Year EAD - Immigration Work Permit

2008-06-10T14:20:00.000-07:00

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 Update on Naturalization Applications

2008-06-06T15:10:00.000-07:00

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.

DOL Answers Questions about Fragomen Audit

2008-06-05T09:15:00.000-07:00

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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. # # #

AILA Position Paper on H-2B Program

2008-06-03T19:28:00.000-07:00

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.

U.S. Department of Labor auditing all permanent labor certification applications of Fragomen, Del Rey, Bernsen & Loewy LLP.

2008-06-03T07:55:00.000-07:00

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

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