News & Updates

We are hiring written in chalk.
Immigrant Visa

PERM Degree Equivalency Issues: An Introduction

This is one of a multi-blog series about degree requirements and equivalency in PERM Labor Certification. Additional PERM information is available on our website. PERM Overview A U.S. employer that wishes to sponsor a foreign national employee for a permanent position must usually establish that there are no qualified U.S.

Read More »
Stop sign.
Naturalization

Reasons for Naturalization Denials

One can become a citizen of the United States by being born in the U.S. or one of its territories, or through a process known as naturalization. The process of applying for naturalization has several requirements, which an experienced immigration and naturalization attorney can explain to the applicant in further

Read More »
Paperwork with stamp on top.
Immigration

Having a Case Reopened or Reconsidered

You’ve probably heard of cases being appealed, reopened, or reconsidered. But what do these terms actually mean and can it be something you can take advantage of in case your immigration petition is denied? Notice of an Unfavorable Decision Applications for visas, green cards, and citizenship are reviewed and approved by

Read More »
Apply now key on a keyboard.
Green Card

Visa Bulletin Retrogression: Consequences for Spouses

It is an exciting time for many foreign nationals living in the United States. During the last four months, the EB-2 priority dates for India and China have moved forward over two years. As a result, many employment-based immigrants have been able to file Applications for Adjustment of Status earlier

Read More »
Yellow warning sign in the shape of a triangle with an exclamation point.
Green Card

Notice of Intent to Revoke: Know Your Rights!

Congratulations! Your I-130 petition has been approved! You worked hard, put together a good petition, and now your loved one can immigrate to the United States, perhaps joining you here in central Ohio, worry free. Right? Not always. Even after the United States Citizenship and Immigration Service (USCIS) has approved your I-130

Read More »
Person training group in a conference room.
Immigration

BALCA Rules on Training New Workers

A judge for the Board of Alien Labor Certification Appeals (BALCA) recently ruled on an interesting case related to the burden employers face trying to prove the hardship related to training a new employee. It is yet another instance where experienced representation must be present when maneuvering the permanent labor

Read More »
Two people shaking hands at a conference table
H-1B Visa

Key to H-1B Petitions: Employer-Employee Relationship

Ten months after the release of the Neufeld Memo focusing on the employer-employee relationship aspect of the H-1B petition, the U.S. Citizen and Immigration Services (USCIS) appears to have retreated to a more reasonable interpretation of the common law relationship.  Focusing on the correct concept of “Right to Control” rather than

Read More »
Were hiring sign
Immigrant Visa

Specific Vocational Preparation (SVP) for PERM Labor Certification

The Specific Vocational Preparation (SVP) system plays a critical part in PERM Labor Certification and is the basis by which DOL may challenge an excessive job requirement by the employer in PERM Labor Certification filings. It is critical to gain a full understanding of the PERM certification in order to understand

Read More »
U.S. Supreme Court building
Immigration

Supreme Court: Right to Immigration Advice Is Protected

Good immigration advice is key to making decisions when it comes to any immigration case. Nine years ago Jose Padilla, a Honduran-born Vietnam veteran who had lived in the United States legally for four decades, asked his attorney if pleading guilty to a drug charge would impact his immigration status.

Read More »
Person talking on the phone
Non-immigrant Visa

Audit by DOS: Verification or Intrusion?

The Department of State (DOS) has recently confirmed the commencement of its independent verification of information contained in visa applications. Sam Shihab & Associates also confirms that some of its clients have been contacted by the Kentucky Consular Center (KCC) via contractors by telephone as part of the process. Intrusive

Read More »
Gavel and books.
H-1B Visa

Broadgate et al. v. USCIS: H-1B Neufeld Memo Case Dismissed

This is the conclusion of the four-part blog series that detailed a lawsuit which was filed in the District of Columbia Federal court challenging the new H-1B Neufeld Memo. The first three blogs discussed the complaint that was filed in court, the motion for preliminary injunction that was filed by

Read More »
Job advertisement graphic.
Immigrant Visa

PERM Labor Certification: Properly Drafted Job Advertisement

If the employer has a drug and criminal background screening policy that they place in the PERM Labor Certification advertisement, they must also include this requirement in the PERM Labor Certification application form ETA 9089, BALCA ruled. If this is not done, the Certifying Officer (CO) will conclude that the

Read More »
Two sets of hands one holding a pen reviewing documents.
Immigrant Visa

PERM Labor Certification: BALCA Reverses Denial of Certification

Generally in response to a Department of Labor PERM Labor Certification audit, the employer must provide specific documents that show that the proper recruitment steps were followed. If certain supporting documentation is missing, the Certifying Officer (CO) may deny certification, unless the attorney can show that the recruitment steps were actually followed

Read More »
Red stop light in front of a blue night sky.
Immigrant Visa

PERM Labor Certification: Improper Job Ad Leads to Denial

If the newspaper advertisement being used for a PERM Labor Certification contains language that certain requirements are “preferred,” the certifying office (CO) officer will properly assume that “employer preferences are actually job requirements.” Unless these requirements are included in the PERM application, the CO will properly deny the application. An

Read More »
Notebook with compliance checklist and pen.
Immigrant Visa

PERM Labor Certification: Strict Regulatory Compliance

When the employer is unable to provide adequate documentation of its internet advertisement due to internal company error, the Certifying Officer (CO) can properly deny an application for Labor Certification. One such example is a PERM Labor Certification filed by Trans Atlantic Systems, Inc. (TAS). Background On July 16, 2007

Read More »
Gavel and books.
H-1B Visa

Broadgate et al. v. USCIS: Response by Homeland Security

This is part three of a four-part blog series reviewing a lawsuit (Broadgate et al. v. USCIS) that was filed with the District of Columbia Federal court challenging the Neufeld Memo. The first and second blogs focused on the Plaintiffs’ complaint and the request for a preliminary injunction. This blog

Read More »
Gavel and books.
H-1B Visa

Broadgate et al. v. USCIS: The Injunction

This is part two of the four-part blog series reviewing a lawsuit (Broadgate et al.) that was filed with the District of Columbia Federal court challenging the H-1B Neufeld Memo. In the first blog we discussed the complaint filed in court. This blog will detail the Application for Preliminary Injunction

Read More »
Gavel and books.
H-1B Visa

Broadgate et al. v. USCIS: The Complaint

This is part one of a four-part blog series which will provide an insight into a lawsuit (Broadgate et al. v. USCIS) which was filed in the District of Columbia Federal court challenging the new H-1B Neufeld Memo which had an impact on H-1B applications in the US including Columbus,

Read More »
Hands being freed from handcuffs.
Immigration

“Offer to Sell” Not an Aggravated Felony

I receive many calls daily requesting recommendations on immigration related matters. Like most lawyers, I am reluctant to provide legal advice based on general information over the phone. My response to most calls is that I will need to review the case records in detail before I can give you

Read More »
American flags on a building.
H-1B Visa

H-1B Neufeld Memo and Port of Entry LCA Inspections

Our firm has recently learned that, in light of the H-1B Neufeld Memorandum, certain ports of entry are more vigilantly checking the Labor Condition Applications (LCA) of H-1B visa holders. Immigration officers are reviewing the LCAs of visa holders to confirm the end client work location matches the work location

Read More »
Canadian flags in white vases.
Non-immigrant Visa

L Visa: Work Visa Options for Canadian Professionals

For Canadian professionals who qualify, the L visa combines the faster processing of the TN visa with the path to permanent residency provided by the H-1B. As with the TN visa, a Canadian professional can apply for an L visa at a U.S. port of entry. This makes the application

Read More »

Recent Posts

Contact Us

  • This field is for validation purposes and should be left unchanged.
866-665-0001