Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
Adopting the approach of the Second, Third, and Fifth Circuits, the court held that a guilty plea and a finding of guilt, with a sentence of time served, qualifies as a “conviction” under INA §101(a)(48). (Rodriguez v. USCIS, 1/4/11)
U.S. Embassy London remind members of the Border Security Fee now in effect for certain H-1B and L-1 cases. Although the fee in most cases is usually paid to USCIS when the petition is filed, blanket L-1 fees are collected at the Embassy or Consulate.
ICE press release announcing that Secure Communities is now activated in Saline County, Kansas. With the expansion of Secure Communities to Saline County, ICE is now using this capability in two Kansas jurisdictions.
The “offered wage” is the wage offered to the alien at the time the ETA 9089 is filed. BALCA rejected the argument that the NOF was sufficient where the employer raised the wage after posting to a rate above the NOF range. (Matter of O’Brien & Van Stiphout, 1/3/11)
USCIS inventory of employment-based AOS cases pending at the Service Centers and Field Offices as of 1/5/11.
ICE press release announcing that the activation of Secure Communities in Sacramento County a year ago has resulted in the removal of 461 convicted criminals from the U.S. Sacramento County is one of 41 California jurisdictions in which ICE has activated this capability.
ICE press release announcing the distribution of more than $2.3 million to state and local law enforcement agencies in New York, forfeited by IFCO Systems North America, as a result of a settlement of IFCO’s liability associated with the employment of undocumented workers.
USCIS provides e-mail addresses for inquiries involving lockbox-filed forms.
GAO report finding that demand for new H-1B workers tended to exceed the cap from 2000 to 2009, and that reforms are needed to minimize the risks and costs of the H-1B program. GAO recommends that DHS and DOL work to improve the efficiency and monitoring of the program.
DHS advance copy of a notice on the identification of foreign countries whose nationals are eligible to participate in the H-2A and the H-2B nonimmigrant worker programs. The notice becomes effective when it is published in the Federal Register on 1/18/11.
As of 1/11/11, ICE has activated the Secure Communities biometric information sharing capability in 969 jurisdictions across 37 states.
FAQs from the US Embassy in Mexico City on the new nonimmigrant visa procedures which took effect on 1/10/11. Please note that DOS website erroneously listed the start date of these new procedures as 1/10/10.
A 1/05/11 edition of the M-274, Handbook for Employers, Instructions for Completing Form I-9 (Employment Eligibility Verification Form) from USCIS.
USCIS announces 2011 Martin Luther King Jr. Day Naturalization Ceremonies.
When it comes to birthright citizenship and the fourteenth amendment, there is no shortage of myths being circulated. Instead of throwing your hands up in frustration and defeat when you hear this misinformation, consider responding with quick mythbusting facts!