Greetings!
Wishing you all a very happy Summer! Please forward this newsletter to persons you think will be interested. |
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Lakshmi Challa's Appointment as Special Counsel to the Commonwealth of Virginia Extended

CLO is proud to announce that managing partner, Lakshmi Challa's appointment as special counsel to the Commonwealth of Virginia for Immigration matters has been extended by the Office of the Attorney General.
First appointed on July 13, 2010, Ms. Challa's appointment has been extended through June 30, 2013. The entire staff at CLO is ecstatic over the opportunity to work with the Office of the Attorney General once again.
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Supreme Court Ruling on Arizona's Controversial Anti-Immigration Law
On June 25, 2012, the U.S. Supreme Court invalidated 3 out of the 4 controversial provisions in Arizona's immigration law entitled Support our Law Enforcement and Safe Neighborhoods Act (SB 1070). Enacted in 2010, the law consisted of 4 main provisions that were the center of much debate.
First, the law requires police officers to demand proof of U.S. citizenship during lawful stops, detentions and arrests when they suspect the individual is an illegal immigrant, with or without probable cause. Second, the law makes it a state crime to fail to comply with federal alien registration requirements, and third, the law makes it a crime for unauthorized aliens to seek or engage in work in the State. Fourth, the law authorizes police to arrest an individual, even without a warrant, if the officer believes that person has committed a crime which makes the person deportable from the U.S.
While all immigration concerns are solely within the realm of the federal government, Arizona in support of its law argued it had no choice but to take action against illegal immigration due to its expansive board with Mexico.
In a majority 5-3 vote with one justice abstaining, the Supreme Court invalidated 3 of the 4 contended provisions of Arizona's immigration law. For now, Arizona police are still permitted to check the immigration status of people they have already arrested or detained.
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Emerging Trends in PERM Denials and How to Avoid a Denial
The first step in filing an employment-based immigrant petition is to request a labor certification from the U.S. Department of Labor (DOL). This application is frequently called PERM, referring to the completely electronic system the DOL has setup to handle labor certification applications.
Recently, we have seen the DOL tightened up its regulations on PERMs in order to more effectively carry out the purpose of requiring labor certifications, that is, to ensure the hiring of a foreign worker does not displace or adversely affect wages or working conditions of U.S. workers. As such, the DOL has been denying PERM applications that have failed to comply with the following interviewing and recruitment procedures.
Interviewing Requirements:
If the U.S. job applicant has the necessary skills and education, the employer must conduct an interview with that applicant. As well, if the U.S. job applicant does not have the necessary skills and education but has a broad range of experience, education, or training which make his or her skills similar to the necessary ones, the employer must also conduct an interview with that applicant.
Rejection Reasons & Recruitment Summary
Employers must provide in-depth and specific rejection reasons such as "the applicant does not have a degree in Computer Science or related industry; only has a degree in Biology." General rejection reasons such as "Not Qualified" or "Does not have required experience" are no longer acceptable.
Referral Program with Incentives
If your firm is going to employ a referral program with incentives as one of the recruitment methods, make sure the referral program specifies a definite dollar amount benefit (e.g. $50 for referring an employee). In addition, it is important to place the referral program on the company's website and employee handbook, and post the job opening on the company's intranet or internal careers site.
Lastly, it is vital that you keep an audit file containing all the documentation used to support the PERM application should the Certifying Officer at the DOL request an audit.
If you would like to know about the PERM process and employment-based immigration, please call our office 804-360-8482 in Richmond or 919-380-4044 in NC and ask your attending paralegal/attorney or email them directly or send an email to our office at info@challalaw.com and someone will be able to help you.
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District of Columbia Fights Back with the Immigration Detainer Compliance Emergency Amendment Act
The Federal government in June of 2012 launched a controversial program called Secure Communities (or "S-Comm"), in the District of Columbia in hopes of combatting illegal immigration. The S-Comm program requires that the fingerprints of people arrested in DC be collected and then sent to the U.S. Immigration and Customs Enforcement (ICE) so that they can identify illegal immigrants and then have them deported. As well, the S-Comm program requires law enforcement to detain arrestees for an extra 48 hours beyond the time they would otherwise be held.
Immediately after the launch of the program, DC local officials passed the "Immigration Detainer Compliance Emergency Amendment Act" to limit the reach of the S-Comm program. Arguing that the program would discourage immigrants who are crime victims or witness from working with the police, the DC Council contends that the S-Comm program undermines local police efforts in the city. In particular, local police do not want undocumented domestic-abuse victims to be scared to report crimes, fearing deportation.
With strong distaste for the federal government using local government resources for federal immigration enforcement, the DC council unanimously approved the emergency amendment to restrict S-Comm's scope. With the amendment, police will only be required to detain people who have been previously convicted of "dangerous crimes" and only for an additional 24 hours, not the 48 hours prescribed by S-Comm. In addition, the city would only hold people if the federal government paid for the additional day of incarceration.
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Department Of State's Message for International Students Planning to Study in the United States
As summer has set in across the U.S., international students abroad are planning their arrival to attend U.S. colleges to start classes in the fall. In anticipation of the surge of international students that will be coming to the U.S. in the next few months, the U.S. Dept. of State (DOS) has issued some tips on how to successfully apply for a student visa.
- Apply Early - In order to ensure your visa will be approved in time to attend your first day of class, the DOS encourages all students to schedule their appointments as early as possible. First-time students are allowed to enter the U.S. only 30 days before classes begin, however a student visa can be issued up to 120 days (4 months) before.
- Organize All Your Documents - Along with your visa application, you will need to present certain documents during your interview including: your passport, I-20 form, your SEVIS receipt, financial evidencing showing your ability to pay for your education, DS-160 confirmation page, and one 2x2 passport-like photograph.
- Stay Informed - Depending on where you will be applying, some embassies and consulates have different procedures on how to expedite appointments for student visa application. Be sure to check your specific embassy's website at: http://www.usembassy.gov/ for valuable information that can help make your application process go as smoothly as possible.
In 2011 alone, DOS issued 780,000 student, exchange, and vocational visas at an approval rate of 86%. The U.S. warmly welcomes international students, believing they bring valuable skills and knowledge to American classrooms.
If you have any questions on the application process or what to expect at the interview please do not hesitate to contact us at 804-360-8482 in Richmond or 919-380-4044 in NC and ask your attending paralegal/attorney or email them directly or send an email to our office at info@challalaw.com and someone will be able to help you.
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CLO Attended the Mid-Atlantic C-Store EXPO
On July 12, 2012, representatives from CLO attended the Mid-Atlantic C-Store EXPO hosted by the Virginia Asian American Store Owners Association.
Taking place at the Richmond Raceway Complex, this event is the Mid-Atlantic's Largest C-Store Expo and Trade Show with over 150 C-Store vendor booths and over 2,000 C-Store owners in attendance.
Attorneys with Challa Law Offices met with Virginia Lt. Gov. Bill Bolling at the the event and discussed current issues affecting immigration.
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Murty Gollakota, Attorney with CLO (left) with Virginia Lt. Gov. Bill Bolling
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Lakshmi Challa Featured in Henrico Now for Community Leader of the Year Award
CLO is proud to share with you the article published by Henrico Now honoring Lakshmi Challa for being named the Community Leader of the Year by the Greater Richmond Chamber. Click here to view the entire article, and in case you missed Henrico Now's profile of Challa Law Offices, it can be seen here.
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India & China Employment Based Priority Dates:
For August 2012
China India
First C C
Second U U
Third 08 NOV 05 01 OCT 02
Fourth C C
Fifth C C
OTHER Workers 15 JUN 03 01 OCT 02
Religious Workers C C
India & China Family Based Priority Dates:
For August 2012
China India
F1 01 AUG 05 01 AUG 05
F2A 15 MAR 10 15 MAR 10
F2B 22 JUN 04 22 JUN 04
F3 01 MAY 02 01 MAY 02
F4 08 JAN 01 15 FEB 01
If you would like to know about your case status, please call our office 804-360-8482 in Richmond or 919-380-4044 in NC and ask your attending paralegal/attorney or email them directly or send an email to our office at info@challalaw.com and someone will be able to help you.
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Warning: New Telephonic Scam
Cite as "AILA InfoNet Doc. No. 12071935 (posted Jul. 19, 2012)"
AILA has received reports of a new scam potentially victimizing aliens. According to one report, the individual will receive a call purporting to be from a USCIS officer, who will have certain correct information on the individual, including the individual's name and address. The caller will state that there is some discrepancy in USCIS records, and ask for confirmation of data, such as an I-94 number, an "A" number, or a visa control number. The caller will then tell the individual that there is a penalty for not clearing up the discrepancy, and that the individual is to send a sum of money via Western Union, to an address the caller provides. Be on alert that your clients may be receiving such calls, and if they do, report them to appropriate law enforcement authorities, which may include the FBI, and to the Federal Trade Commission's Bureau of Consumer Protection, whose Consumer Sentinel database is accessed by criminal and civil law enforcement authorities worldwide. |
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Disclaimer
This newsletter has been prepared for general informational purposes only and does not constitute legal advice. No information included herein shall create an attorney/client relationship or constitute an invitation for such a relationship. This newsletter is not intended to be an advertisement. You should always seek professional, independent legal consultation before taking or refraining from any action. |
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Sincerely,
Lakshmi Challa
Challa Law Offices
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Upcoming Events at Challa Law
Challa Law will be attending the Hispanic Chamber of Commerce Feria de la Celebration on July 28, 2012 at the Richmond International Raceway.
Challa Law night at Richmond Kickers soccer game in Richmond, VA at the Richmond City Stadium on July 21, 2012.
Challa Law will be at Richmond Flying Squirrels baseball game in Richmond, VA at the The Diamond on Aug 2, 2012.
Challa Law will be at Carolina Railhawks soccer game in Cary, NC at the WakeMed Soccer Park on Aug 8, 2012.
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Challa Law Offices After Hours Drop Box
For you convenience we now have this facility at our Richmond office.
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Our Office Locations:
RICHMOND, VA:
5040 Sadler Place
Suite 200
Glen Allen, VA 23060
804-360-8482
VA BEACH, VA:
4445 Corporation Ln. Suite 291
Virginia Beach, VA 23462
800-913-4122
MORRISVILLE, NC:
5105 Grace Park Drive Morrisville, NC 27560
919-380-4044
HYDERABAD INDIA:
Challa Legal Services Pvt. Ltd 401 Flora Apartments Road Number 3 Banjara Hills Hyderabad, AP. India
91 40 23352295/6 |
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