Immigrant Visas

UPDATE: Prevailing Wage Processing Timeline

Posted September 13th, 2011 // No Comments »

Previously, we reported that the U.S. Department of Labor (DOL) confirmed that “the processing of Prevailing Wage Determinations, redeterminations, and Center Director Reviews has been temporarily suspended” and we explained that this will impact the filing of PERM applications. Since then, pressure has been mounting for the DOL to lift the suspension and resume processing.  [...]

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Another Easy Immigration Fix for the Administration

Posted August 17th, 2011 // No Comments »

What’s another easy fix that the Obama Administration can make happen today?  The USCIS could resume Premium Processing Service for I-140 National Interest Waiver petitions in accordance with 8 CFR 103.2(f)(2).  The Texas Service Center (TSC) processing time indicates that they are processing cases with a receipt date of September 28, 2010.  This does not necessarily mean a ten month wait either.  Last month, the [...]

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DOL Prevailing Wage Determinations Suspended; PERM Impacted

Posted August 11th, 2011 // 1 Comment »

The U.S. Department of Labor (DOL) has confirmed that “the processing of Prevailing Wage Determinations, redeterminations, and Center Director Reviews has been temporarily suspended.” This will impact the filing of PERM applications. Indeed, a prevailing wage determination by the DOL is a necessary antecedent to filing any PERM application for employment-based permanent residence. The temporary [...]

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More Employers Filing PERM, 63 Percent Increase Compared to Previous Year

Posted June 27th, 2011 // No Comments »

According to a recent open forum meeting with the U.S. Department of Labor (DOL), the Office of Foreign Labor Certification is currently seeing a 63 percent increase in the number of PERM applications being filed as compared to the previous year. There is a 30 percent increase in the number of audits; a 25 percent [...]

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EB-2 India and China Numbers Advance for First Time Since September, 2010

Posted April 11th, 2011 // No Comments »

Due to the decrease in the overall employment-based green card demand, particularly in the EB-1 category, the State Department Visa Office is currently estimating that at least 12,000 extra visa numbers will be made available for the EB-2 category this year through reallocation of the unused EB-1 numbers; mostly they will go to India EB-2.  Reflecting [...]

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USCIS Releasing E-Verify Self Check Service on March 21st

Posted March 17th, 2011 // No Comments »

USCIS is releasing the E-Verify Self Check Service on March 21st in selected locations.  A preview can be seen here. Initially, the service will only be offered to individuals that maintain an address and are physically located in Arizona, Colorado, Idaho, Mississippi, Virginia, or the District of Columbia. (According to the USCIS, the system will [...]

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The Role of Federal Government Agencies in Immigration Compliance and Employment

Posted February 16th, 2011 // No Comments »

Tonight, I am moderating a program that I put together for the DC Bar entitled, ”The Role of Federal Government Agencies in Immigration Compliance and Employment.”  There will be seven government speakers which I invited to serve as faculty for this event; this is a great opportunity for people to gain a better understanding of the array [...]

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I-9 Crackdown to Intensify with New ICE Audit Office

Posted January 20th, 2011 // 1 Comment »

In an interview, John Morton, Chief of U.S. Immigration and Customs Enforcement (ICE), a unit of the Department of Homeland Security (DHS), said there will be will be an intensified crackdown on I-9 compliance with the establishment of a new audit office designed to “address a need to conduct audits even of the largest employers with a very large number of employees.” The office would be announced Thursday, he said.

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Correcting I-9 Deficiencies

Posted January 19th, 2011 // Comments Off

With the start of the New Year, many employers in the business community are hoping Immigration and Customs Enforcement (ICE) will make it their resolution to create national uniformity on the preferred way to correct I-9 deficiencies. In the course of self audits, employers may discover errors on their I-9 employer eligibility forms and seek to correct those errors to bring themselves into compliance to the fullest extent possible. Unfortunately, current ICE field guidance is lacking and there is a divergence of opinions among the auditors in different geographic areas regarding how to correct deficient I-9s.

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Justice Department Settles Allegations of Immigration-Related Employment Discrimination Against Hoover Inc.

Posted November 16th, 2010 // 2 Comments »

Recently, the U.S. Department of Justice Department announced that it reached a settlement agreement with Hoover Inc., a leading manufacturer of vacuum and carpet cleaners with facilities in Ohio and Texas, to resolve allegations that Hoover engaged in a pattern or practice of employment discrimination by imposing unnecessary and discriminatory hurdles in the I-9 process upon lawful permanent residents…. As Co-Chair of the American Bar Association (ABA) Section of Litigation, Immigration Litigation Subcommittee, Peter F. Asaad, Esq. is proud to present the second installment of the ABA’s new Lunch and Learn Teleconference Series…. Join us as we highlight specific employer concerns and discuss the implications of recent settlements making headlines around the country with Jennifer Sultan, Acting Special Litigation Counsel, Office of Special Counsel for Immigration-Related Unfair Employment Practices at the U.S. Department of Justice, Civil Rights Division.

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