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In FOCUS Business Immigration News

February 2014
I-9/E-Verify: Smart Solutions for Employers 
If you are new subscriber to our news and information, our firm focuses its practice on US inbound business-related immigration for professionals in all industries including IT, Healthcare, Business, Science, Arts & Entertainment, and corporate employment verification compliance (I-9 audits, training, consulting and policy development). Our team has a depth of experience in providing uniquely tailored services and solutions to assist our clients in accomplishing their immigration and compliance related objectives. If you'd like to become a client of our office or have questions about our services please contact us at or call 562.612.3996.


Update - Immigration Reform

Was this a public relations hoax or what? On Thursday, House Minority Leader Nancy Pelosi (D-Calif.) almost immediately dismissed Boehner's arguments that the Republican distrust of the president would be an impediment to doing immigration reform this year. At a news conference, she said in response to Boehner's remarks: "Why don't we just pack up and go home?" "What we're supposed to do is legislate, and not make up excuses as to why we don't," she said. "That's not a reason not to do an immigration bill. That's an excuse not to do it and around here, you have to always differentiate between what is a reason and what is an excuse."


The fact is - reform opponents have their priorities well in sight and are determined to kill legalization for 11 million immigrants at all costs.

Readers with GOP Representatives in the House are urged to contact them to stress the need for reform. Failure after coming this far is simply not an option, especially for Republicans: by 2016, there will be even more Latino voters who will be more than happy to hand Republicans another resounding defeat in the race to the White House if they derail this progress. If the many benefits of immigration reform cannot convince Conservatives to prioritize its passage, perhaps a little self-interest can tip the scales. 

Pursuant to 212(g)7) of the The Act, if you had an H-1B in the past and were in the USA for less than 6 years, you may be eligible to recoup the time that is remaining on the 6-year maximum period of stay to accept employment with a new employer - without being counted against the cap.


We are starting to get very busy with H-1B's at this time. Contact our office for your H-1B casework. We have a depth of knowledge in the practice area with reasonable fees. 

There are certain classes of non-profit employers who are exempt from the H-1B cap. The exemption from the cap only applies to institutions of higher education, non-profit research institutions, government research institutions, and non-profits formally affiliated with an exempt educational institution.

Late last week, the Department of State (DOS) announced its amendment of the regulation pertaining to The North American Free Trade Agreement (NAFTA), by removing the petition requirement for citizens of Mexico applying for nonimmigrant visa classification as NAFTA TN professionals. The rule reflects changes to documentary requirements authorized under the Immigration and Nationality Act, in implementation of NAFTA.


A citizen of Mexico wishing to come to the United States in TN classification no longer needs an approved petition to meet the qualification requirements, but may apply directly to the embassy or consulate abroad for a visa. The consular officer will adjudicate eligibility for TN classification and, upon approval and issuance of a visa, the applicant may apply to the admission to the United States under TN status.


This rule is effective February 10, 2014." - Federal Register / Vol. 79, No. 27 / Monday, February 10, 2014.


Want to know if you qualify for TN status? 

Foreign nationals working in the USA on nonimmigrant visas are required to notify the USCIS of their address within 10 days of relocating to the USA and when there's an address change. All other non-US citizens in the US on visas for over 29 days, are required to notify the USCIS of their home address in the USA. One may also submit a change of address for an application or petition that is pending. 

USCIS Releases three short video vignettes for employees and employers 

that demonstrate how to complete the Employment Eligibility Verification Form I-9. Watch the new Form I-9 videos and learn how to complete Sections 1, 2, and 3. Each vignette walks the viewer through the key steps in four minutes or less. 

To commemorate the half-million-participant milestone, USCIS has released "E-Verify for Business Leaders," a new video that introduces the program's benefits to prospective users. USCIS has also launched an updated E-Verify website that has more plain-language content and easy-to-follow graphics. The site's new E-Verify History and Milestones page shows the program's advances through the years. Visit for more information about the program. Here's a checklist that walks you through the process. 

Cargill to pay back wages and interest to 2,959 applicants who were rejected for production jobs at facilities in Springdale, Ark.; Fort Morgan, Colo.; and Beardstown, Ill., between 2005 and 2009.

A Denver-based paving corporation was sentenced in January to pay nearly $185,000 in forfeiture of criminal proceeds for its criminal practice of hiring illegal aliens. The forfeited money will go to the Department of Transportation federal highway fund. Of note - this matter was investigated JOINTLY by U.S. Immigration and Customs Enforcement's (ICE), Homeland Security Investigations (HSI), and the U.S. Department of Transportation's Office of the Inspector General (DOT OIG).



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Disclaimer: This newsletter does not constitute direct legal advice and is for informational purposes only. The information provided should never replace informed counsel when specific immigration-related guidance is needed.

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