Owner: lexpeak Immigration URL:http://lexpeakimmig.blogspot.com/ Join Date: Fri, 30 May 2008 06:48:33 -0500 Rating:0 Site Description: An Attorney's Blog on US Immigration.
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AAO Upholds Denial of Extraordinary Ability Case 2008-05-30 05:59:29 An Article from MurthyDotCom AAO Upholds Denial
of Extraordinary
Ability Case<?xml:namespace prefix = o />
The Administrative Appeals Office (AAO) released a decision upholding the denial of an EB1 (extraordinary ability) petition in which the employer failed to demonstrate that the sponsored foreign national had extraordinary ability in a particular field. Please note that the extraordinar
The Fugitive Disentitlement Doctrine: FOIA and Petitions for Review 2008-05-29 11:01:46 This practice advisory examines how DHS invokes the fugitive disentitlement doctrine to deny FOIA requests and how courts apply the doctrine to dismiss petitions for review. The advisory provides arguments to challenge the doctrine in both contexts. Please click here Read more:Fugitive
, Petitions
Update on PERM Appeals Queue 2008-05-29 11:00:33 No. 08052961 <?xml:namespace prefix = o />AILA liaison has learned that DOL has conducted a review of denied <?xml:namespace prefix = st1 />PERM cases in the appeals/motions queue for "clear error," and that 350-- more than one-third of the approximately 900 cases reviewed thus far --have been returned to the PERM queue for processing.This is the result of a pilot program adv Read more:Appeals
, Queue
, Update
Confusion on Evidence of "U.S. Earned Master Degree" 2008-05-29 06:12:42 <?xml:namespace prefix = o /> There are some reports that the Vermont Service Center has been requiring in the U.S. earned Master
's Degree H-1B cap cases that only a "Registrar" certification statement is acceptable and not the Dean's statement or Department Chairman's statement or any other school officials' statement on the "completion" of a U.S. Master's degree to meet Read more:Evidence
EMPLOYMENT BASED CATEGORIES 2008-05-27 11:35:59 IMMIGRANTS
Those who obtain permanent residence ("green cards") through business immigration are called "Employment Based" immigrants. There are three commonly-used Employment Based preferences or classes under which potential immigrants might obtain permanent residence.
EMPLOYMENT BASED FIRST PREFERENCE
EBP 1-1:
Aliens with "extraordinary ability" in the arts, scien
USCIS supplemental Q & As regarding 17 mth OPT 2008-05-27 10:50:00 Please click here for the USCIS supplemental Q & As regarding the 4/4/08 interim final rule extending (OPT) for qualified F-1 nonimmigrant students.<?xml:namespace prefix = o />________________Where does an employer find its E-Verify company ID #?The employer’s Company Identification Number is located on the upper left-hand corner of the Memorandum of Understanding(MOU) which was print
Australia has increased min salary for immigrant 2008-05-27 05:27:32 Australia has recently announced an increase in the minimum salary that employers are required to pay temporary foreign workers under the nation's 457 visa scheme. The increase is part of a number of reforms to the system designed to "improve the integrity of the program", according to the Department of Immigration and Citizenship.
According to Immigration Minister Chris Evans, minimum Read more:Australia
July 2007 VB Fiasco I-485 Cases Will Take Nearly Three Years to Clear 2008-05-27 03:46:16 I-485's which were filed during the July 2007 Visa Bulletin fiasco period are expected to take nearly three years from the end of the USCIS itself processing and adjudications in terms of the workloads, according to the CRS report. July 2007 VB fiasco filers, go figure! Read more:Clear
, Fiasco
, Nearly
, Three
, Years
U.S. Applicants Unlawfully Rejected Based on Presumptions in Traditional Labor Cert. Case 2008-05-27 03:34:01 BALCA upholds denial, finds employer unlawfully rejected U.S. applicants based on opinion that an overqualified applicant would become bored in the job, assumption that an applicant would not be wiling to relocate, speculation about an applicant’s reliability and an applicant’s accented speech. Matter of Express Line Corporation, 2007-INA-00236 (3/25/08).
AILA Doc. No. 08052250. Read more:Rejected
, Traditional
INTRACOMPANY TRANSFEREES (L VISAS) 2008-05-22 08:11:14 Introduction
4.1 The L Visa facilitates the temporary transfer of key employees of multinational companies to the U.S. Individuals, previously employed for a minimum of one year outside the U.S. as executives, managers, or in positions requiring specialized knowledge and who will continue to work in the U.S. in those capacities for the same employer or a qualifying U.S. subsidiary, branch,
Economic Impacts of Mass Deportations 2008-05-21 06:31:25 The Houston Chronicle reports on a study that concluded that eliminating undocumented immigrants would cripple the national economy. The study was released Monday by the Americans for Immigration Reform, a group spearheaded by the Greater Houston Partnership. <?xml:namespace prefix = o />Click here for The study was supported by <?xml:namespace prefix = st1 />Houston business leaders. Read more:Economic
H1B denied as the candidate was unable to provide a letter from the University's Registrar 2008-05-20 13:20:16 It is obvious that the candidates complete there post-graduation in US before April. However, the convocation or graduation ceremony would be held only later in June or July.
But, USCIS is very strict and follows rigid rule for proof of completion of US Master's. I have encountered a case where we have submitted all the relevant "specialty occupation" including a letter from Univeristy' Read more:Registrar
, University
AAO Notes that Documents Need a Certified Translation to be Probative 2008-05-20 05:10:18 Any document containing a foreign language that is submitted to Citizenship and Immigration Services (CIS) must be accompanied by a full English translation, which the translator has certified as complete and accurate, and by the translator's certification that he or she is competent to translate from the foreign language into English. 8 C.F.R. § 103.2(b)(3). Because the petitioner failed to Read more:Certified
, Documents
, Notes
, Translation
USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure 2008-05-19 09:41:19 USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" Read more:Filing
, Procedure
, Process
FW: New Form I-290B added without Intimating 2008-05-19 04:34:42 New Form I-290B A new version of Form I-290B (Notice of Appeal or Motion) has been added to the USCIS website. According to USCIS.gov, the new form was effective March 4, 2008 and no prior versions of the form are accepted. AILA is requesting for a grace period.
Replacement I-94 Where Original was Misprinted 2008-05-16 04:45:32 Liaison Update: Requesting a Replacement I-94 Where Original
was Misprinted<?xml:namespace prefix = o /> It appears that sometime around early 2008, CBP received approximately one million I-94 Arrival-Departure cards that were misprinted in that they were missing a digit. An I-94 card should have eleven digits, comprised of nine digits, a space, and then two more digits. For example, an I-94
Canada relaxes work permit rules 2008-05-15 07:43:57 -04-21.asp In a move to make <?xml:namespace prefix = st1 />Canada
more attractive to foreign students, immigration authorities have announced relaxed work permit
rules for those who graduate from eligible programs from participating universities.<?xml:namespace prefix = o />International students who graduate from eligible programs
Change in citizenship doesn't affect land rights 2008-05-14 09:29:48 I am a non-resident Indian living in Canada for 10 years. I have an agricultural land in India jointly owned by me and my father (worth about Rs 100,000). When I take Canadian citizenship
and become an Overseas Citizen of India, what will happen to my agricultural land? Is there any way that as an OCI I can keep possession of agricultural land in India? We presume you were holding this Read more:Change
The Great Immigration Panic 2008-06-03 09:36:54 The N.Y. Times says:
"Someday, the country will recognize the true cost of its war on illegal immigration. We don’t mean dollars, though those are being squandered by the billions. The true cost is to the national identity: the sense of who we are and what we value. It will hit us once the enforcement fever breaks, when we look at what has been done and no longer recognize the country tha Read more:Great
, Panic
New study finds UK needs more highly skilled migrants 2008-06-03 05:54:15 A new study finds that the United Kingdom will need to attract more highly skilled workers from abroad in order to "secure the future" of its high technology sector.
The study, authored by Katerina Rüdiger of non-profit think tank The Work Foundation, says that a climate of hostility towards immigration has the potential to hinder the ability of UK firms to attract the talent they need. Read more:migrants
SOUTH CAROLINA BECOMES LATEST STATE TO PASS IMMIGRATION LAW 2008-06-03 05:50:41 SOUTH CAROLINA
On May 29, 2008, the South Carolina Legislature passed the South Carolina Illegal Immigration Reform Act.
What obligation does the new law impose on government employers?
Beginning January 1, 2009, all public employers are required to register and participate in E-Verify.
What obligations does the new law impose on employers engaged in contracts with state agencies?
Contractors Read more:IMMIGRATION
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