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 TAS filed an Application for…
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 will detail Homeland Security’s response…
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 filed by the plaintiffs. Broadgate…
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, Ohio and Troy, Michigan. Broadgate…
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 an informed opinion. There is…
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 indicated on the LCA. If…
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 process faster than applying for…
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 when it unilaterally changed the…
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 words, become citizens of the…
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. Unless a foreign national is…