OSC Guidance

General contractors requiring subcontractor's employees to present original I-9 documentation could present a number of problems.

"If a general contractor were to ask an employee of a subcontractor to produce such documents a second time, this could present a number of problems. Given the passage of time that likely would have transpired from when an employee was initially hired by a subcontractor, such as your client, to when the general contractor is requesting to see the employee' s 1-9 documentation, the employee may no longer have the documents originally presented for a number of reasons not limited to but including: (1) the document(s) has expired and the employee now has a newer version of the originally presented document(s); (2) the employee has a different document due to adjustment of immigration status (i.e., from a lawful permanent resident to a U.S. citizen) and has forfeited his or her originally presented document; or (3) the document has been lost, stolen or misplaced. To the extent such individuals are barred from employment, they may perceive that the general contractor and/or subcontractor has discriminated against them based on their citizenship or immigration status. Because the proposed practice relates to the original 1-9 verification process, such employees might also allege discriminatory 1-9 practices in violation of the anti -discrimination provision. "

#immigrationupdates   #immigrationcompliance  

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CBP Expands Global Entry Eligibility

Great news that CBP has expanded its Global Entry program to include frequent travelers from the UK, Germany, Qatar and Korea!

Originally shared by +Loke Walsh Immigration Law

CBP Expands Global Entry Eligibility

Global Entry is a U.S. Customs and Border Protection (CBP) program that allows expedited clearance for pre-approved, low-risk travelers upon arrival in the United States.

"Citizens participating in Korea’s Smart Entry System (SES), Germany’s Automated and Biometrics-Supported Border Controls (ABG) Plus, and select Qatar and United Kingdom citizens may be able to receive Global Entry benefits. While these arrangements have been previously announced, this notice serves to officially being implementation of the process.

Citizens of these countries must satisfy current program requirements, and will still need to fulfill application requirements, in order to qualify. Additionally, the Federal Register notice announces the ability for current U.S. Global Entry members to apply for membership in the Republic of Korea’s SES program, as well as the ability for a limited number to apply for Germany’s ABG Plus program."

More information about CBP's Global Entry program is available here: http://www.globalentry.gov/about.html.

#immigrationupdates #travelupdates

Global Entry Eligibility Officially Expanded to Citizens of Republic of Korea, Germany, Qatar, United Kingdom – CBP.gov
see also: right arrow, in National News Releases: CBP Releases Schedule for Completing its Modernized Trade Processing System in ACE · CBP Announces Partnerships for New and Expanded Services · U.S., China Announce Results of First Joint Intellectual Property Operation …

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September 2013 Visa Bulletin Is Out

Some good news for those of you with EB-3 priority dates. The Department of State's September Visa Bulletin shows a forward movement of 18 months except for EB-3 India and the Philippines.

Originally shared by +Loke Walsh Immigration Law

September 2013 Visa Bulletin Is Out

The Visa Bulletin for September 2013 shows significant movement in EB-3 category. Most countries (except India and the Philippines) in this category advanced 18 months.

On the other hand, the priority date for EB-2 (India) stays strong and advances for another 2 weeks following a huge leap of over 3 years last month. The same is true with the F2A category – spouses and children (below 21 years old) of permanent residents – which remains current for September 2013.

More information below:

VISA AVAILABILITY

FAMILY-sponsored:

F2A: This category was made “Current” in an effort to generate new demand for the upcoming fiscal year. Information received during discussions with the National Visa Center and U.S. Citizenship and Immigration Services indicates that this action is already having the intended result. Therefore, it is likely that a cut-off will be imposed for October. This cut-off is unlikely to have any negative impact on those who have already initiated action on their case prior to the announcement of the October cut-off dates.

EMPLOYMENT-based:

SECOND:

India: This cut-off date has been advanced significantly more than originally expected, based on the projection that there would be “otherwise unused” numbers under the overall Employment Second preference annual limit. This is the result of a decrease in Employment First preference number use, and a similar decrease in Employment Second preference demand for most other countries during the past two months. It is expected that such movement will generate a very significant amount of new India demand during the coming months.

THIRD:

The Employment-based Third preference cut-off date for most countries was advanced at an extremely rapid pace in April through July in an effort to generate demand. Historically such movements have resulted in a dramatic increase in applicant demand for numbers within a few months. At this time there is no indication that the expected increase is materializing or will do so in the near future. This has resulted in significant movements in the September cut-off for all countries.

It is unlikely that there will be any forward movement of most Employment-based cut-off dates during the next couple of months. In addition, a sudden surge in demand could require the retrogression of a cut-off date at any time. Such action would be required if it appears that such number use could impact visa availability under the FY-2014 annual limits.

#immigrationupdates #visabulletin

Visa Bulletin for September 2013
View as Printer Friendly PDF. A. STATUTORY NUMBERS. 1. This bulletin summarizes the availability of immigrant numbers during September. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and …

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September 2013 Visa Bulletin Is Out

The Visa Bulletin for September 2013 shows significant movement in EB-3 category. Most countries (except India and the Philippines) in this category advanced 18 months. 

On the other hand, the priority date for EB-2 (India) stays strong and advances for another 2 weeks following a huge leap of over 3 years last month. The same is true with the F2A category – spouses and children (below 21 years old) of permanent residents – which remains current for September 2013.

More information below:

VISA AVAILABILITY

FAMILY-sponsored:

F2A: This category was made “Current” in an effort to generate new demand for the upcoming fiscal year. Information received during discussions with the National Visa Center and U.S. Citizenship and Immigration Services indicates that this action is already having the intended result. Therefore, it is likely that a cut-off will be imposed for October. This cut-off is unlikely to have any negative impact on those who have already initiated action on their case prior to the announcement of the October cut-off dates.

EMPLOYMENT-based:

SECOND: 

India: This cut-off date has been advanced significantly more than originally expected, based on the projection that there would be “otherwise unused” numbers under the overall Employment Second preference annual limit. This is the result of a decrease in Employment First preference number use, and a similar decrease in Employment Second preference demand for most other countries during the past two months. It is expected that such movement will generate a very significant amount of new India demand during the coming months.

THIRD:

The Employment-based Third preference cut-off date for most countries was advanced at an extremely rapid pace in April through July in an effort to generate demand. Historically such movements have resulted in a dramatic increase in applicant demand for numbers within a few months. At this time there is no indication that the expected increase is materializing or will do so in the near future. This has resulted in significant movements in the September cut-off for all countries.

It is unlikely that there will be any forward movement of most Employment-based cut-off dates during the next couple of months. In addition, a sudden surge in demand could require the retrogression of a cut-off date at any time. Such action would be required if it appears that such number use could impact visa availability under the FY-2014 annual limits.

#immigrationupdates   #visabulletin  

Visa Bulletin for September 2013
View as Printer Friendly PDF. A. STATUTORY NUMBERS. 1. This bulletin summarizes the availability of immigrant numbers during September. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and …

Posted in Updates Tagged with: ,

CBP Expands Global Entry Eligibility

Global Entry is a U.S. Customs and Border Protection (CBP) program that allows expedited clearance for pre-approved, low-risk travelers upon arrival in the United States. 

"Citizens participating in Korea’s Smart Entry System (SES), Germany’s Automated and Biometrics-Supported Border Controls (ABG) Plus, and select Qatar and United Kingdom citizens may be able to receive Global Entry benefits. While these arrangements have been previously announced, this notice serves to officially being implementation of the process.

Citizens of these countries must satisfy current program requirements, and will still need to fulfill application requirements, in order to qualify. Additionally, the Federal Register notice announces the ability for current U.S. Global Entry members to apply for membership in the Republic of Korea’s SES program, as well as the ability for a limited number to apply for Germany’s ABG Plus program."

More information about CBP's Global Entry program is available here: http://www.globalentry.gov/about.html.

#immigrationupdates   #travelupdates  

Global Entry Eligibility Officially Expanded to Citizens of Republic of Korea, Germany, Qatar, United Kingdom – CBP.gov
see also: right arrow, in National News Releases: CBP Releases Schedule for Completing its Modernized Trade Processing System in ACE · CBP Announces Partnerships for New and Expanded Services · U.S., China Announce Results of First Joint Intellectual Property Operation …

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Guidelines For Employers Requiring U.S. Degree From Applicants

OSC provides general guidelines to employers requiring U.S. degree from applicants to be selected for employment.

"In Dalila Kamal-Griffin v, Cahill Gordon & Reindel, 3 OCAHO no, 568, 1641 (1993), an Administrative Law Judge held that a law firm did not discriminate on the basis of citizenship status in violation of the INA's anti-discrimination provision simply by requiring applicants for associate positions to have their primary legal education in a common law legal system, The Judge also mentioned that "the type of legal system in which an individual has obtained his or her primary legal education is a choice unrelated to citizenship status," ld. at 1675. The Judge also noted, however, that a facially neutral requirement, if purposefully adopted or selectively applied for the purpose of discriminating on the basis of citizenship status, could constitute a violation of the INA's anti-discrimination provision, ld. at 1672 (citing 52 Fed, Reg, 37,402)."

#immigrationupdates #immigrationcompliance


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Guidelines For Employers Requiring U.S. Degree From Applicants

OSC provides general guidelines to employers requiring U.S. degree from applicants to be selected for employment.

"In Dalila Kamal-Griffin v, Cahill Gordon & Reindel, 3 OCAHO no, 568, 1641 (1993), an Administrative Law Judge held that a law firm did not discriminate on the basis of citizenship status in violation of the INA's anti-discrimination provision simply by requiring applicants for associate positions to have their primary legal education in a common law legal system, The Judge also mentioned that "the type of legal system in which an individual has obtained his or her primary legal education is a choice unrelated to citizenship status," ld. at 1675. The Judge also noted, however, that a facially neutral requirement, if purposefully adopted or selectively applied for the purpose of discriminating on the basis of citizenship status, could constitute a violation of the INA's anti-discrimination provision, ld. at 1672 (citing 52 Fed, Reg, 37,402)."

#immigrationupdates   #immigrationcompliance    

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www.justice.gov/crt/about/osc/pdf/publications/TAletters/FY2013/167.pdf

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USCIS Transfers Workload For Various Forms

"If your case was transferred, USCIS will send you a notice listing the transfer date and where your case will be processed. Your original receipt number will not change. You should reference your original receipt number and indicate your case was transferred to a new location when making any case status inquiries."

#immigrationupdates  

USCIS – Workload Transfer for Various Forms
Effect on Customers. If your case was transferred, USCIS will send you a notice listing the transfer date and where your case will be processed. Your original receipt number will not change. You should reference your original receipt number and indicate your case was transferred to a new …

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Visa Guidelines for Same-Sex Couples

Today, the State Department hosted an online discussion through Google+ Hangout about visa processing for same-sex couples.  In case you missed it, here’s a recorded video of the Hangout.

#immigrationupdates   #DOMA

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First Derivative Visa Issued to Same-Sex Spouse in Amsterdam

U.S. Consulate General in Amsterdam issues its first L-2 (Derivative) visa to same-sex spouse following the repeal of #DOMA.

"This is the first derivative visa we have had the privilege of issuing to the same-sex spouse of a visa applicant in Amsterdam after the U.S. Supreme Court repeal of the Defense of Marriage Act," remarked Consul General Berry. "We are excited to have the opportunity to reunite families that are immigrating, or in this case, help keep families together that are going to work in the United States.""

#immigrationupdates  

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