February 7, 2010 by Bradley Maged.

The March 2010 Visa Bulletin is now available.

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February 1, 2010 by Bradley Maged.

For the past few hours the iCERT Portal has not been functioning.  Until it is again operational, employers or their attorneys will be unable to file LCAs for H-1B petitions or prevailing wage requests.

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January 25, 2010 by Bradley Maged.

According to a USCIS Press Release:  ‘Department of Homeland Security (DHS) Secretary Janet Napolitano today announced the publication of a rule formalizing DHS’ longstanding policy to expedite and streamline the citizenship process for men and women bravely serving in America’s armed forces.”

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January 25, 2010 by Bradley Maged.

The USCIS has released Questions and Answers related to the filing of Form I-140 - Immigrant Petition for Alien Worker.

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January 22, 2010 by Bradley Maged.

All prevailing wage requests for H-1B LCAs, H-2Bs and PERM applications must now be filed electronlically by completing the requisite form and filing it with the Department of Labor.

It remains to be seen whether the current system is an improvement over the state determinations that were used previously. The answer probably depends on what state you are in and/or the relationship you had with the SWA in your state.

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January 22, 2010 by Bradley Maged.

According to an article on nytimes.com:  “Silence has long shrouded the men and women who die in the nation’s immigration jails. For years, they went uncounted and unnamed in the public record. Even in 2008, when The New York Times obtained and published a federal government list of such deaths, few facts were available about who these people were and how they died.”  NY Times journalists and the ACLU also obtained documents relating to immigrant detainees deaths that it has published.

Another recent article on nytimes.com states:  “Agents in riot gear from Immigration and Customs Enforcement tried to break up a hunger strike by detainees at the Varick Federal Detention Center in Lower Manhattan on Tuesday, three detainees at the center said Wednesday in telephone interviews.”

If these allegations are in fact true, the Obama administration needs to do take imminent action to protect immigrant detainees from abuse that sometimes results in their death while in US custody.  The actions of ICE and those in charge of detention facilities must be transparent, and those found to be negligent, abusive or reckless in their treatment of immigrants as well as those who covered up alleged abuses must be brought to justice.  Even the most egregious immigration violation does not warrant a death sentence.  It surprises me that there are not more high-profile civil lawsuits brought by personal injury and wrongful death lawyers for alleged abuses such as those outlined in the article and documents.  Perhaps the efforts of the New York Times and the ACLU to shed light on these practices will lead to such suits being filed on behalf of the victims.

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January 16, 2010 by Bradley Maged.

According to an article on nytimes.com:  “The Obama administration extended a special immigration status on Friday to Haitians living illegally in the United States that protects them from deportation for 18 months and allows them to work here.”

Pro-immigrant groups had been pressing the administration hard for this since the disastrous earthquake struck Haiti.

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January 14, 2010 by Bradley Maged.

According to a USCIS Q&A:  “U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification.  The memorandum clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites. The memorandum is titled: “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements:  Additions to Officer’s Field Manual (AFM) Chapter 31.3(g)(15)(AFM Update AD 10-24).”  In addition to clarifying the requirements for a valid employer-employee relationship, the memorandum also discusses the types of evidence petitioners may provide to establish that an employer-employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period.”

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January 14, 2010 by Bradley Maged.

The revised Organizational Chart that became effective 1/6/2010 shows changes to the structure.  USCIS Director Alejandro Mayorkas released a statement regarding the changes.

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January 14, 2010 by Bradley Maged.

According to miamiherald.com:  “In the aftermath of Haiti’s catastrophic earthquake, the Obama administration announced Wednesday it was temporarily suspending deportations of undocumented Haitians.”

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