In El Badrawi v. USA, 07-cv-1074 (D. Conn. Dec. April 11, 2011), the United States District Court in Connecticut ruled that an H-1B worker who had timely sought an extension of that visa status, and who was authorized to continue working under 8 CFR § 274a.12(b)(20), could not be arrested or subjected to removal. Although […]
By Cyrus D. Mehta This week, while we have all been stunned at the way Customs and Border Patrol (CBP) sent a four year old US citizen child packing out of the country to Guatemala, http://edition.cnn.com/2011/OPINION/03/23/navarrette.child.deported/?hpt=Sbin, even though her parents lived in the US, we can take some comfort that the State Department scrupulously adheres […]
By Cyrus D. Mehta It is not uncommon for a permanent resident to receive a plum posting for an American corporation overseas or for its subsidiary. This is a frequent occurrence these days in a globalized world, and especially when jobs have become more scarce in the US since the economic downturn. While such an […]
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 […]
