By Cyrus D. Mehta Does anyone remember EAWA, the Employ American Workers Act and its effect on H-1B petitions, http://bit.ly/hDQnHd? This legislation was passed on February 17, 2007 and was set to sunset in two years. Congress has not extended this provision even though the second anniversary passed on February 16, 2011. The law created […]
By Cyrus D. Mehta and Myriam Jaidi An H-1B employee has a job with a company based in New Jersey. Her job can, however, be performed remotely from virtually anywhere in the United States or the world. So long as she has good internet access, she can sign in to her employer’s server and perform […]
In the wake of the closing down of the “sham” Tri-Valley University, http://indiatoday.intoday.in/site/Story/128946/india/visa-relief-in-sight-for-indian-students-conned-by-tri-valley-varsity.html and http://www.mercurynews.com/top-stories/ci_17151508?nclick_check=1, which has rendered many F-1 students out of status, ICE has issued guidance to universities that enroll F-1 students via SEVIS regarding how to facilitate the transfer. The document was posted in AILA InfoNet on February 8, 2011 (AILA InfoNet […]
US Citizenship and Immigration Services (USCIS) has revised its Handbook for Employers: Instructions for Completing Form I-9 (M-274). Revised as of January 5, 2011, http://www.uscis.gov/files/form/m-274.pdf., the handbook includes expanded guidance on lawful permanent residents, refugees and asylees, and acceptable documents for employees in temporary protected status (TPS). An update on the most recent changes can […]
By Cyrus D. MehtaWhen I first glanced at he Birthright Citizenship Act of 2011, H.R. 140, introduced by Representative Stephen King (R-IA) on January 5, 2011, http://www.opencongress.org/bill/112-h140/show, I figured that it was not worth my time to even write about it. I read it once more, and it dawned upon me that I could have […]
By Cyrus D. Mehta It has been one year since the issuance of the memo by Donald Neufeld of the USCIS, http://tiny.cc/z3ZU8 which sought to define the employer-employee relationship, especially when an employer places an H-1B worker at a third party client site. The Neufeld Memo is like a wild beast that can never be […]
By Gary Endelman and Cyrus D. Mehta We are all extremely disappointed that the Senate blocked the DREAM Act on December 18. Even though a majority of the Senate voted for cloture, it was not enough. We need 60 votes for legislation to move forward, even when we have a majority of 55 out of […]
Although the House voted in favor of the DREAM Act on December 8, 2010, with eight Republicans also joining with a yea, the prospects of passage of the bill in the Senate look less hopeful but still possible. This hesitancy is bolstered by the fact that the Republican minority in the Senate on Thursday filibustered […]
By Cyrus D. Mehta The Board of Alien Labor Certification Appeals (BALCA) has been extremely active recently issuing several important decisions. Since the PERM labor certification process is so exacting and unforgiving, there is very little opportunity for an employer to correct the record in the event of a mistake, or to supplement the record […]
By Gary Endelman and Cyrus D. Mehta The American Competitiveness in the 21st Century Act (AC 21) has been a great benefit for those whose applications for permanent residency cannot be completed before the sixth year in H-1B status. Under Section 106(a) of AC 21, an individual is able to extend H-1B status beyond six […]
