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WHO IS ALLOWED TO PORT? IJ Can Determine Whether Aliens Can Port Employment Under 204(j).
In Perez-Vargas v. Gonzales, No. 05-2313 (4th
Cir. Feb. 22, 2007), the court, in a case
involving a 245(i) claimant who was seeking
to port employment, said "By its terms, [INA
section] 204(j) does not distinguish between
those aliens whose adjustment applications
are pending before DHS and those aliens whose
adjustment applications are required to be
filed with an IJ." The Court reversed a
BIA precedent decision and held that
immigration judges do have jurisdiction to
make factual findings relative to INA 204(j)
regarding whether a new job is in the "same
or similar occupational classification."
Click here to read the case...
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Dear Readers:
Probably the most stunning news in the
Business Immigration Law arena came on
February 27th 2007 when US Immigration
and Customs Enforcement (“ICE”) announced the
unsealing of a 23 count indictment against
three (3) Florida cleaning service
executives. The charges included conspiracy
to defraud the U.S. government and harbor
illegal aliens for profit. Additionally, ICE
made 195 immigration violation arrests as
part of the ongoing investigation. A PRESS
RELEASE and FACT
SHEET and the indictment are
all available on the ICE website. This action
further buttresses the continuing internal
enforcement
initiatives of CIS and ICE.
This enforcement comes on the heels of
continued discussions to rectify the illegal
immigration situation and as the U.S. Congress
seeks clarity for our country's vision
regarding its immigrant foundation without
sacrificing national security. Congress
continues to forge a “plan” to develop a
truly comprehensive immigration reform
program, and one that legalizes the undocumented
population and brings them out of the
shadows, and one that adopts immigration
policies that help, rather than alienate,
our country's immigrants.
The messages continue to be mixed but the
undercurrents of popular desire seem to be
consistent. Spring promises to be “hot”
with immigration debate among our politicians.
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| RCI DRAWS THE SHORT STICK: 195 Arrested Across 17 States in ICE Cleaning Service Raid. |
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The three top officials of a nationwide
cleaning service were recently charged with
fraud and tax crimes as part of an ongoing
federal investigation that also netted
hundreds of illegal immigrants in 18 states.
The illegal immigrants were working as
janitors for Nevada-based
Rosenbaum-Cunningham International, Inc., or
RCI, a cleaning contractor for businesses.
The workers were swept up early Thursday in
63 locations nationwide, including
restaurants such as the House of Blues, Hard
Rock Cafe, ESPN Zone, Planet Hollywood, and
others, according to law enforcement officials.
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Click here to read more... |
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| DHS RE-FLEXES ITS MUSCLE ON WHTI: DHS Announces Proposed Passport Flexibility for U.S. and Canadian Children at Land and Sea Borders. |
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DHS announced its intent to propose, as part
of the forthcoming Notice of Proposed
Rulemaking on the Western Hemisphere Travel
Initiative (“WHTI”), flexibility regarding
travel documents for U.S. and Canadian
children as part of WHTI requirements
in 2008.
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Click here to read more about the WHTI... |
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| THOUGHT IT WOULD BE FAST . . . THINK AGAIN: CIS CLARIFIES CRITERIA TO EXPEDITE FBI NAME CHECKS. |
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The CIS is no longer routinely requesting the
FBI to expedite a name check when the only
reason for the request is that a Mandamus (or
other federal court petition) is filed in the
case.
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Click here to read the press release... |
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| GOING ON A TRIP: DHS Launches Traveler Redress Inquiry Program. |
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DHS announced the launch of the Traveler
Redress Inquiry Program (“TRIP”). Travelers
can now seek redress and resolve possible
watchlist misidentification issues with any
of the department’s component agencies at
www.dhs.gov.
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Click here to read the press release... |
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| SHOW THEM THE MONEY: CIS Proposes Dramatic Increases to Fees for CIS Applications and Petitions. |
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CIS publishes a proposed rule to drastically
increase fees for immigration and
naturalization applications and petitions.
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Click here to read a Q&A from the CIS... |
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| A NEW LOOK FOR AN OLD BOOK?: CIS Issues Redesigned Travel Booklet. |
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CIS issued a redesigned travel booklet as
part of ongoing
security improvements to update agency
documents. The fraud
resistant identification booklets include
digital photographs and signatures and other
enhanced security features to deter potential
counterfeiting schemes.
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Click here to read the press release... |
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| MULTINATIONAL EXECUTIVE CASE DENIAL UPHELD: CIS's Denial of Multinational Manager’s Petition. |
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In a recent case the Court held that while a
company's small size may be considered as one
factor in determining whether its operations
are substantial enough to support a manager
for purposes of INA §203(b)(1)(C). The record
indicated that CIS did not exclusively rely
on this factor in denying the petition.
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Click here to read the case... |
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| HEAD’s-UP FOR FOREIGN DOCTORS: Adjudication of NIW I-140s for Physicians in MUAs. |
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The CIS recently issued a memorandum that
establishes interim procedures for
adjudicating national interest waiver (“NIW”)
immigrant petitions and related adjustment of
status applications filed on behalf of
physicians practicing in medically
underserved areas ("MUAs") or facilities
operated by the Department of Veterans
Affairs ("VA") in light of the Ninth Circuit
Court
of Appeals decision in Schneider v.
Chertoff,
450 F. 3rd 944 (9th Cir. 2006).
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Click here to read the memo... |
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| HHS POVERTY GUIDELINES ANNOUNCED FOR 2007: Annual Update of the HHS Poverty Guidelines for 2007. |
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The Department of Health and Human Services
(“HHS”) provides an annual update of the HHS
poverty guidelines to account for last
calendar year's increase in prices as
measured by the Consumer Price Index.
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Click here for more infomation... |
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