Changes in Vaccine Requirements for Immigration Purpose

Monday, November 30th, 2009

Here is a press release from the U.S. Citizenship and Immigration Services (“USCIS”) issued on November 25, 2009, advising the public that the Center for Disease Control (“CDC”) will no longer require certain vaccinations for immigration purposes.  The new changes are effective December 14, 2009.
On November 13, 2009, the CDC announced its revisions to the [...]

Happy Thanksgiving!

Wednesday, November 25th, 2009

From our families to yours, we wish you a happy and safe Thanksgiving!

© 2009, Thaker Berowitz LLP. All rights reserved.
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Adjustment of Status based on Final Exclusion Orders

Monday, November 23rd, 2009

Have you ever heard of exclusion proceedings?
Exclusion proceedings are a thing of the past, but there are many foreign nationals out there in the United States who are subject to “exclusion” orders.
Prior to 1996, when the immigration laws changed under the Anti-terrorism and Effective Death Penalty Act (“AEDPA”) and the Illegal Immigration Reform and Immigrant [...]

Workplace Audits – Employers Beware!

Friday, November 20th, 2009

On November 19, 2009, U.S. Immigration and Customs Enforcement (“USICE”) announced that it will begin to conduct workplace audits to ensure that employers have complied with employment verification laws when hiring a foreign national.  According to the USICE, Notices of Inspection will be issued to 1,000 employers nationwide.
Audits involve a comprehensive review of Form I-9s, [...]

Economic Recession’s Impact on Immigration

Thursday, November 19th, 2009

Think the economic recession we recently experienced only affected U.S. citizens and “Americans?”
Think again!
We found this wonderful (and truth-telling) blog post on the Brooking Institution’s website about the impact of the recession on immigration.  It’s a quick read on various areas of immigration affected by the downturn in the economy.
© 2009, Thaker Berowitz LLP. All [...]

H-1B Petitions Accepted Without Labor Condition Applications

Monday, November 16th, 2009

On November 5, 2009, the U.S. Citizenship and Immigration Services (“USCIS”) announced a temporary 120-day grace period where it will accept H-1B petitions filed without a Labor Conditions Application (“LCA”) that has been certified by the Department of Labor (“DOL”).  Normally, a certified LCA must accompany an H-1B petition.  However, since the DOL implement its [...]

Follow up on Kucana v. Holder Oral Arguments at the Supreme Court

Thursday, November 12th, 2009

Here is a good recap of the oral arguments held on November 10, 2009 at the U.S. Supreme Court in the case of Kucana v. Holder.
© 2009, Thaker Berowitz LLP. All rights reserved.
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Arriving Alien Adjustment of Status – No Authority for the BIA to Reopen Old Exclusion, Deportation, or Removal Cases

Wednesday, November 4th, 2009

On October 28, 2009, the Board of Immigration Appeals (“BIA”) issued a precedent decision in Matter of Yauri, 25 I. & N. Dec. 103 (BIA 2009).  Our colleague, Nadine Wettstein, wrote a great article on this case on the website for Immigration Impact, that we thought was important to share with our readers.
This new BIA [...]

H-1B Cap Count for FY 2010

Wednesday, November 4th, 2009

According to the USCIS’ latest count, as of October 30, 2009, approximately 53,800 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap.  Any H1-B petitions filed on behalf of an alien with an advanced degree [...]

Judicial Review of In Absentia Motions to Reopen Cases

Tuesday, November 3rd, 2009

On November 10, 2009, the United States Supreme Court will hear oral arguments in Kucana v. Holder (08-911),  a very important case involving an immigrant’s right to seek judicial review of a motion to reopen in absentia deportation cases.
Cornell University School of Law Legal Information Institute has a very good summary of the legal issues [...]