News & Updates
News Flash: USCIS Suspends Biometrics Requirement
Due to the backlog in applications, U.S. Citizenship and Immigration Services (USCIS) announced that it will temporarily suspend the biometrics (commonly known as “fingerprinting”) requirement
News Flash: Foreign Talent in Demand at U.S. Companies
The world of immigration law can be complex, unpredictable, and ever evolving. Rules change, timeframes shift, and the process of applying for a visa can
News Flash: Family Reunification Is Top Priority for DOS
Everyone has been affected by the global COVID-19 pandemic in one way or another. When it comes to immigration, individuals seeking to come to the
News Flash: Limited Travel from India Due to COVID-19
Due to the recent surge in cases of COVID-19 in the Republic of India, the Centers for Disease Control and Prevention (CDC) has recommended that
News Flash: DHS Ends Civil Penalties for Failure-to-Depart
On April 23, 2021, the Department of Homeland Security (DHS) announced that it has rescinded two delegation orders which gave certain Immigration and Customs Enforcement
What Is the International Entrepreneur Rule (IER)
The hard truth is that the U.S. does not have a temporary work visa category specifically geared toward the needs of international entrepreneurs and start-up
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
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
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
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
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
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
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
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
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,
“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
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
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
10 Reasons the H-1B Neufeld Memo Should Be Withdrawn
The Neufeld Memo is in violation of the Administrative Procedures Act (APA), which governs rule-making by government agencies and sets forth minimum procedures which must be followed by government agencies issuing new rules. The United States Citizenship and Immigration Services (USCIS) did not follow the procedures required by the APA
Why U.S. Citizenship Is Better than a Green Card
Many permanent residents consider attaining a green card to be the final step in the immigration process. Most green cards are valid for 10 years and can be renewed indefinitely. Consequently, a surprisingly large number of permanent residents renew their green cards for decades and never naturalize or, in other
H-1B Visa Interview Updates
A Columbus, Ohio client recently asked me what has changed at the H-1B visa interview and what to expect due to recent policy changes. So I thought a blog on this topic is appropriate. The H-1B visa is an employment-based, non-immigrant validation available for foreign national workers in specialty occupations.
Is It Safe for H-1B Visa Holders to Leave the U.S.?
Many H-1B visa holders were alarmed by the recent news that several H-1B workers attempting to enter the United States at Newark Airport were either denied entry and sent back to their home countries or placed in expedited removal proceedings. While it has become clear in the weeks since that
Labor Certification: Experience Acquired with the Same Employer
The PERM process exists to test the U.S. labor market for qualified U.S. workers that could fill a permanent position prospectively being offered to a foreign national. The purpose of PERM labor certification is to establish that the foreign national employee is the only individual with the necessary combination of
Reforming the Immigration System’s Adjudication of Removal Cases
The American Bar Association recently released an executive summary on the findings of a study conducted to understand the current U.S. system for removal. It described the current system as “in crisis.” The study focused on the four governmental bodies that handle removal cases, namely the Department of Homeland Security
Child Status Protection Act: The Class Action
Not all issues related to the Child Status Protection Act are settled law. There remain several unanswered questions. An example is the Matter of Xiuyi WANG. Many families in Michigan and throughout the US await some positive news on a class action law suit related to CSPA. In the Matter
Child Status Protection Act: Children of Asylees and Refugees
In many parts of the U.S. including Columbus, Ohio and Troy, Michigan, refugees and asylees struggle to find a new life and to forget their troubled past. The Child Status Protection Act (CSPA) offers much needed assistance to them. As we discussed in prior blogs, the Child Status Protection Act
Child Status Protection Act (CSPA): Retroactive Application
Many of our Family Immigration clients in Columbus, Ohio; Troy, Michigan; and elsewhere share their frustration that notwithstanding near a decade since the passage of the Child Status Protection ACT (CSPA), USCIS continues to struggle with its interpretation. I explained in my prior blog, that CSPA was enacted on August