| Contents | Vol. 4, No. 4,
February 15, 2010 |
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| More on the illegitimacy of the recent USCIS H1b memo | ||||||||||||
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Because the language and
reasoning of the January 8,
2010 USCIS memorandum on the
subject of H1b
employer-employee
relationships is so
convoluted, it is necessary
to engage in a detailed
analysis to demonstrate,
conclusively, the legal and
factual errors it contains.
Because that memorandum is
fatally flawed, it must be
disregarded. It is not,
after all, a regulation nor
does it carry the weight of
legal authority. By its own
terms its use is limited:
To read the full article,
click here
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Required supporting documents: Proof of education |
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Always keep in mind that I-129 petitions for H classification and I-140 petitions for immigrant preference classification are, with limited exceptions, filed by employers, not employees. The employer, or petitioner, is required to substantiate all of the allegations made in a petition through the submission of evidentiary proof.
To read the full article,
click here |
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PERM planning |
Anyone planning to begin PERM processing should move up their planned start date as the
result of the DOL’s change in prevailing wage processing. Through the end of last year, the DOL required
employers to obtain all prevailing wage findings through local state job service agencies. That changed as
of the first of the year. The DOL now requires all prevailing wage requests to be submitted to the DOL
national office in Washington, DC. |
To read the full article,
click here |
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EAD misconceptions |
There may be more
significant misconceptions
concerning for I-765
(application for an EAD) than
any other application or
petition. Here is an FAQ that
attempts to deal with some of
the most common
misunderstandings: |
Q: I am changing employers; I need to get a new EAD, right? A: Wrong. An EAD has nothing to do with your specific job or employer. It is something that is granted as a result of you having an application for adjustment of status on file.
To read the full article, click here |
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| What duty does a “company lawyer” owe to an employee for whom he or she has filed immigration documents? |
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More and more, we see situations where an employee invokes his or her rights under Section 106(c) of the American Competiveness in the 21st Century Act of 2000 (AC21) and changes employers, the employer immediately attempts to revoke the former employee’s I-140 petition. This article focuses on the role of “company lawyers” in facilitating such petition withdrawals and the duties they owe to the former employees. |
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To read the full article,
click here |
| CIR update (Feb. 15, 2010) |
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The past week has seen a
great deal of speculation
about the fate of
Comprehensive Immigration
Reform (CIR). The
Massachusetts special
election and the President's
State of the Union address
have both led many to
conclude that CIR is
unlikely to be considered in
this session of Congress.
That conclusion may well be
correct, but for entirely
different reasons.
To read the
full article,
click here |
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