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NEWS FROM THE NORTH: Canadian Immigration News.
NEW CANADIAN
CITIZENSHIP LAWS
You are a Canadian Citizen if you are born
in Canada, but you may also be Canadian if
you were born outside of Canada under defined
circumstances. Some people who have applied
for a Canadian passport or other social
benefits discover that, although they are
Canadian citizens, they do not have proof of
citizenship. Those people need to apply to
replace their citizenship document, much as
they would replace a birth certificate. Other
people apply for a Canadian passport for
proof of citizenship and discover they have
lost or failed to maintain their Canadian
citizenship. And some people are discovering
that, having lived in Canada most of their
lives, they do not have citizenship.
If you were born outside Canada after
February 14, 1977, you may need to take steps
to keep your Canadian citizenship. We advise
that all those foreign nationals who may be
Canadians act NOW to obtain proof of their
Canadian Citizenship. Our Canadian Division
can assist you in securing the proof of your
Canadian citizenship from abroad.
The Parliament of Canada recently passed
legislation amending the Citizenship Act to
give Canadian citizenship to many who have
lost it or never had it because of outdated
provisions in existing and former
legislation. The new law will take effect no
later than April 17, 2009. Until the new law
takes effect, the current law applies. Call
us to find out if you are eligible to regain
your Canadian Citizenship.
Click Here for More Information . . .
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Dear Readers:
As we wind-down the summer and gear-up for
the new Fiscal Year, the burning question
seems to be: "So what do you think about the
candidates"? The question is not an easy
one to answer. The position of the candidates
on "immigration policy" seems to be easily
compartmentalized into: (1) Comprehensive
reform; (2) Border security; (3) Undocumented
immigrants; (4) Guest worker program; (5)
Worksite raids; (6) E-Verify and (7) Mexico.
Click
Here to read an excellent and
easily readable overview of the
positions of the candidates.
While we are certainly aware that
"immigration" law continues to be a political
football, we also are aware that if either
candidate is elected, the immigration laws in
the U.S. are likely to take a turn for the
best. Stay tuned as we follow the candidates
as they ready themselves for Election Day . .
. which is not too far away!
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| A LABOR OF LOVE: ADMINISTRATIVE REVIEW BOARD ( "ARB") UPDATES. |
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ARB Addresses Statute of Limitations for
Benching Claim.
DOL's Administrative Review Board finds
that the limitation on the period in which to
file a complaint for a benching violation
does not begin running until a bona fide
termination takes place, rather than within
twelve (12) months of when the first benching
occurred. Gupta v. Jain Software Consulting,
Inc.,
(ARB 3/30/07).
ARB Finds Notice to INS/Offer to Pay Return
Fare Did Not Constitute Termination.
DOL's ARB finds a lack of effective
termination where, although the employer
notified CIS of an H-1B's termination and
sent a letter to the employee offering return
fare, the employer continued to act as though
a termination never occurred, and she didn't
receive the letter. Innawlli v. American
Information Technology Corp., (ARB
9/29/06).
DOL ARB Addresses Payment of H-1B wages.
DOL's ARB finds that payments to an H-1B
under a business agreement are not H-1B
wages, and thus back wages are due, but finds
that a payment under the agreement by the
H-1B to the employer was not an unauthorized
deduction. Administrator, Wage & Hour Div. v.
Prism Enterprises of Central Florida Inc.
(ARB 11/25/03).
DOL ARB Examines Termination of Employment
for H-1B LCA Purposes.
Stating that whether a termination is bona
fide does not turn solely on notification of
INS, DOL's ARB nevertheless finds that a bona
fide termination did not occur, based on the
overall circumstances. Administrator, Wage &
Hour Div. v. Ken Technologies, Inc.
(ARB 11/30/04).
VA Medical Center Not a Research Institution,
Says DOL ARB.
DOL's Administrative Review Board finds
that a Veterans Administration Medical Center
is not a "Governmental research organization"
for purposes of determining the prevailing
wage. Administrator, Wage & Hour Div. v.
Dallas VA Medical Center, (ARB
10/30/03).
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Click Here to Learn More about the ARB . . . |
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| SAVE THIS INFORMATION: CIS Launches SAVE Program Website. |
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U.S. Citizenship and Immigration Services
("CIS") posted a new section on its website
detailing the SAVE program. The SAVE Program
is an inter-governmental information sharing
initiative designed to aid benefit granting
agency workers in determining a non-citizen
applicant's immigration status, and thereby
ensure that only entitled non-citizen
applicants receive federal, state, or local
public benefits and licenses. It is an
information service for benefit issuing
agencies, institutions, licensing bureaus,
and other entities.
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Click Here for More Information . . . |
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| LESS BUREAUCRACY?: DOS Eliminates the Department's Board of Appellate Review. |
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The Department of State ("DOS") eliminated the
Department's Board of Appellate Review
("L/BAR"), and instead, the DOS, through the
Bureau of Consular Affairs, authorizes, on a
discretionary basis, an alternative, less
cumbersome review of loss of nationality
determinations. The rule is effective as of
July 18, 2008.
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Click Here to Read More . . . |
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| VOTERS NOT WELCOME: Aliens Inadmissible Under the Immigration and Nationality Act as Unlawful Voters. |
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This rule adopts as final the DOS rule which
amended the regulations concerning visa
ineligibility for aliens who
vote unlawfully. The amendment was necessary
to comply with the provisions of the Child
Citizenship Act of 2000.
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Click Here to Read More . . . |
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| WHERE ARE YOU FROM: CIS Announces New Genealogy Program. |
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On August 14, 2008 CIS announced that new Forms
G-1041, Genealogy Index Search Request, and
G-1041A, Genealogy Records Request, are now
available on the CIS website.
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To Read the CIS Press Release, Click Here . . . |
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| DON'T GET ON THIS DOL LIST: DOL Releases PERM, H-1B, H-2A Debarment Lists. |
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The Office of Foreign Labor Certification
("OFLC")
released the names of debarred employers,
attorneys, and agents from the PERM program
and H-2A labor certification programs. The
Wage and Hour Division released a list of
willful violator employers under the H-1B
program.
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To see this list from the DOL, Click Here . . |
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| HEARD ABOUT PIMS Yet?: PMS Update. |
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In November 2007, the DOS rolled out its
Petition Information Management Service ("PIMS")
program and announced that a PIMS record will
be "primary source of evidence to be used in
determining petition approval. The Department
of State Liaison Committee at AILA provides
an Update.
on PIMS processing.
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To Read More, Click Here . . . |
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| USCIS Revises Filing Instructions for Form I-751. |
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On 8/25/08 USCIS announced revised filing
instructions for Form I-751, Petition to
Remove Conditions on Residence. As of
9/24/08, USCIS will only accept forms dated
8/25/08 and reject previous editions of the
form. Effective immediately, all I-751s must
be filed with either the VSC or CSC.
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Click Here to Read the Press Release from CIS . . . |
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