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May 22, 2012

DHS Adds More STEM Degree Programs to List

The Department of Homeland Security (DHS) has expanded the list of science, technology, engineering, and math (STEM) degree programs that qualify graduates on student visas for an optional practical training (OPT) extension.

Keywords: litigation, immigration, Department of Homeland Security, STEM degree programs, optional practical training

—Christian Triantaphyllis, FosterQuan, LLP, Houston, Texas

May 22, 2012

USCIS Clarifies “Culturally Unique” Art Forms

The U.S. Citizenship and Immigration Services (USCIS) has issued a precedent appeals decision on P-3 nonimmigrant visa petition, clarifying that a “culturally unique” style of art or entertainment is not limited to traditional art forms, but may also include hybrids or fusions of more than one culture or region.

Keywords: litigation, immigration, U.S. Citizenship and Immigration Services, P-3 nonimmigrant visa, precedent appeals decision

—Christian Triantaphyllis, FosterQuan, LLP, Houston, Texas

May 22, 2012

Violence Against Women Act becomes Immigration Issue

The debate over the Violence Against Women Act has become the latest battleground over immigration policy, as Republicans in Congress are proposing to strip existing protections from immigrants who are the victims of domestic violence.

Keywords: litigation, immigration, Violence Against Women Act, domestic violence

—Christian Triantaphyllis, FosterQuan, LLP, Houston, Texas

May 22, 2012

Albanian Informer in Human Trafficking Case Granted Asylum

The government has granted asylum to Edmond Demiraj, an Albanian informer who feared he would be executed if he were returned to his native country.

Keywords: litigation, immigration, human trafficking, Albania

—Christian Triantaphyllis, FosterQuan, LLP, Houston, Texas

May 22, 2012

United States, Canada Work to Increase Cross-Border Business

The United States and Canada are conducting joint consultations with stakeholders on cross-border business in an effort to facilitate business travel between the two countries.

Keywords: litigation, immigration, United States, Canada, cross-border business

—Christian Triantaphyllis, FosterQuan, LLP, Houston, Texas

May 14, 2012

USCIS Extends TPS Status for Somalia

U.S. Citizenship and Immigration Services (USCIS) has extended the temporary protected status (TPS) designation of Somalia for 18 months.

Keywords: litigation, immigration, U.S. Citizenship and Immigration Services, temporary protected status

—Christian Triantaphyllis, FosterQuan, LLP, Houston, Texas

May 14, 2012

Man Allowed U.S. Entry to Care for Paralyzed Son

A South Korean man who was denied entry to the United States has been allowed back into the country on humanitarian grounds.

Keywords: litigation, immigration, South Korea, humanitarian relief

—Christian Triantaphyllis, FosterQuan, LLP, Houston, Texas

May 14, 2012

DOJ Corrects Statement in Nken v. Holder

The Department of Justice (DOJ) has submitted a letter to the Supreme Court [PDF] to clarify and correct a statement made in a government’s brief in Nken v. Holder concerning how courts should resolve requests from aliens who want to stay in the country while they fight deportation orders.

Keywords: litigation, immigration, Department of Justice, Supreme Court, deportation

—Christian Triantaphyllis, FosterQuan, LLP, Houston, Texas

May 14, 2012

Certain Countries Removed from NSEERS

The Department of Homeland Security has determined that it is no longer necessary to subject nationals from certain countries to special registration procedures and has removed them from the National Security Entry-Exit Registration System (NSEERS).

Keywords: litigation, immigration, Department of Homeland Security, National Security Entry-Exit Registration System

—Christian Triantaphyllis, FosterQuan, LLP, Houston, Texas

May 14, 2012

Russian Workers with B-1 Visas Denied Entry

Russian engineers coming into the United States to work for Boeing were recently denied entry at the Seattle-Tacoma International Airport. There is a growing controversy over companies like this one that use B-1 visas to bring in workers for extended visits.

Keywords: litigation, immigration, B-1 visas, Russia, Boeing

—Christian Triantaphyllis, FosterQuan, LLP, Houston, Texas

May 2, 2012

USCIS Seeks Comments on Benefits for Transgender People

U.S. Citizenship and Immigration Services (USCIS) has issued an interim memorandum [PDF] for comment on immigration benefits for transgender individuals.

Keywords: litigation, immigration, U.S. Citizenship and Immigration Services, transgender individuals, immigration benefits

—Christian Triantaphyllis, FosterQuan, LLP, Houston, Texas

May 2, 2012

Colombians Visas Now Valid for 10 Years

The U.S. Department of State has increased the visa validity for Colombians visiting the United States to 10 years.

Keywords: litigation, immigration, Colombia, visas, Department of State

—Christian Triantaphyllis, FosterQuan, LLP, Houston, Texas

May 2, 2012

USCIS Forms Entrepreneurs in Residence Tactical Team

U.S. Citizenship and Immigration Services (USCIS) has partnered with leading American business experts to form the Entrepreneurs in Residence (EIR) Tactical Team, which aims to improve approaches to employment-based and high-skilled visa categories used by immigrant entrepreneurs.

Keywords: litigation, immigration, U.S. Citizenship and Immigration Services, Entrepreneurs in Residence Tactical Team

—Christian Triantaphyllis, FosterQuan, LLP, Houston, Texas

April 17, 2012

DOS Retrogresses EB-2 Indian, Chinese National Categories

The U.S. Department of State (DOS) has retrogressed the EB-2 categories for persons born in mainland China and India three years back to August 15, 2007, according to the Bureau of Consular Affairs (CA).

Keywords: litigation, immigration, Department of State, Bureau of Consular Affairs, China, India

—Parisa Karaahmet, partner, Fragomen, Del Rey, Bernsen & Loewy, LLP, New York, New York

April 17, 2012

Asylum Claims Rose Sharply in 2011

A new report from the U.N. High Commissioner for Refugees shows that asylum claims in industrialized countries increased 20 percent from 2010 to 2011. The United States continued to receive the most asylum seekers among the countries surveyed, with approximately 74,000 in 2011 compared to approximately 55,500 in 2010.

Keywords: litigation, immigration, U.N. High Commissioner for Refugees, asylum

—Parisa Karaahmet, partner, Fragomen, Del Rey, Bernsen & Loewy, LLP, New York, New York

April 17, 2012

USCIS Continues to Accept H-1B Petitions

U.S. Citizenship and Immigration Services (USCIS) is still accepting fiscal year 2013 H-1B petitions. It has received approximately 17,400 petitions counting toward the 65,000 cap and approximately 8,200 petitions toward the 20,000 cap exemption for individuals with advanced degrees.

Keywords: litigation, immigration, U.S. Citizenship and Immigration Services, H-1B petitions

—Parisa Karaahmet, partner, Fragomen, Del Rey, Bernsen & Loewy, LLP, New York, New York

April 13, 2012

ICE Arrests More Than 3,000 in Six Days

U.S. Immigration and Customs Enforcement (ICE) recently arrested more than 3,000 people living illegally in the United States during a six-day operation, resulting in the largest raid in the agency’s history.

Keywords: litigation, immigration, U.S. Immigration and Customs Enforcement

—Parisa Karaahmet, partner, Fragomen, Del Rey, Bernsen & Loewy, LLP, New York, New York

April 13, 2012

Man Who Hired Illegal Immigrants Gets Probation

A recent bust on a business in Arizona represented a new approach by federal authorities that focused on criminal cases against company officials in comparison to the previous strategy of seeking only civil penalties.

Keywords: litigation, immigration, Arizona, criminal penalties, probation

—Parisa Karaahmet, partner, Fragomen, Del Rey, Bernsen & Loewy, LLP, New York, New York

April 6, 2012

Syrian Nationals Can Apply for Temporary Protected Status

U.S. Citizenship and Immigration Services (USCIS) recently announced that eligible Syrian nationals in the United States may apply for Temporary Protected Status (TPS).

Keywords: litigation, immigration, USCIS, Syria, Temporary Protected Status

—Christian Triantaphyllis, FosterQuan, LLP, Houston, Texas

April 6, 2012

USCIS Is Accepting H-1B Petitions for 2013

U.S. Citizenship and Immigration Services (USCIS) is starting to accept H-1B petitions for fiscal year 2013 this month.

Keywords: litigation, immigration, USCIS, H-1B petitions

—Christian Triantaphyllis, FosterQuan, LLP, Houston, Texas

April 6, 2012

Justice Department Settles in California Document Abuse Case

The Justice Department has reached an agreement with Ross Stores, Inc., in a case alleging that the company had engaged in discrimination based on citizenship status while verifying employment eligibility at one of its stores.

Keywords: litigation, immigration, Justice Department, citizenship, discrimination

—Christian Triantaphyllis, FosterQuan, LLP, Houston, Texas

April 6, 2012

Justice Department Settles Connecticut Discrimination Case

The Justice Department has come to a settlement agreement in a case alleging that a healthcare staffing company based in Connecticut posted discriminatory job advertisements on its home page and third-party websites that limited its jobs to U.S. citizens.

Keywords: litigation, immigration, Justice Department, citizenship, discrimination

—Christian Triantaphyllis, FosterQuan, LLP, Houston, Texas

March 23, 2012

Homeland Security Extends TPS for El Salvador

A U.S. Citizenship and Immigration Services (USCIS) press release [PDF] announced that Department of Homeland Security Secretary Janet Napolitano has extended temporary protected status (TPS) for eligible nationals of El Salvador for an additional 18 months beginning March 10, 2012, and ending September 9, 2013.

Keywords: litigation, immigration, U.S. Citizenship and Immigration Services, temporary protected status

—Parisa Karaahmet, partner, Fragomen, Del Rey, Bernsen & Loewy, LLP, New York, New York

March 23, 2012

Eleventh Circuit Halts Two Sections of Alabama Law

The U.S. Eleventh Circuit Court of Appeals has temporarily halted two sections of the Alabama illegal immigration law until lawsuits seeking to overturn it entirely are decided.

Keywords: litigation, immigration, Eleventh Circuit, Alabama

—Parisa Karaahmet, partner, Fragomen, Del Rey, Bernsen & Loewy, LLP, New York, New York

March 23, 2012

Deported Worker Could Lose Parental Rights

Child welfare officials are asking a North Carolina judge to terminate the parental rights of a deported worker and put his United States-born sons up for adoption.

Keywords: litigation, immigration, children’s rights, parental rights

—Parisa Karaahmet, partner, Fragomen, Del Rey, Bernsen & Loewy, LLP, New York, New York

March 23, 2012

Detention Center Designed to Not Look like a Prison

Federal officials have unveiled a detention center for immigrants that doesn’t look as much like a prison as traditional facilities.

Keywords: litigation, immigration, immigrant detention

—Parisa Karaahmet, partner, Fragomen, Del Rey, Bernsen & Loewy, LLP, New York, New York

March 23, 2012

Iowa Senator Blocks Passage of E3 Visa Bill for Ireland

Senator Charles Grassley of Iowa is blocking the passage of an E3 immigration bill for Ireland. The E3 visa would allow up to 10,000 Irish workers per year to come to the United States on nonimmigrant visas that could be renewed every two years. Many other countries have similar visa bill deals with the United States, but Ireland does not.

Keywords: litigation, immigration, E3 visa, Ireland

—Parisa Karaahmet, partner, Fragomen, Del Rey, Bernsen & Loewy, LLP, New York, New York

March 23, 2012

USCIS Clarifies Valid Employer-Employee Relationship

U.S. Citizenship and Immigration Services (USCIS) has revised its guidance on the Neufeld Memo regarding whether end-clients are required to submit documentation demonstrating that a valid employer-employee relationship exists and whether consulting and staffing companies can establish a valid employer-employee relationship.

Keywords: litigation, immigration, U.S. Citizenship and Immigration Services, Neufeld Memo, employer-employee relationships

—Christian Triantaphyllis, FosterQuan, LLP, Houston, Texas

March 23, 2012

In Vitro Babies Denied Citizenship

Children born to U.S. citizens overseas through in vitro fertilization are not considered American, unless one of the donors is American. This can be hard to prove because clinics often don’t reveal this information due to confidentiality agreements.

Keywords: litigation, immigration, in vitro fertilization, citizenship

—Christian Triantaphyllis, FosterQuan, LLP, Houston, Texas

March 23, 2012

UCSIS Explains Extension of F-1 Student Status

U.S. Citizenship and Immigration Services (USCIS) has released questions and answers addressing the automatic extension of F-1 student status in the United States for students with pending or approved H-1B petitions for an employment start date of October 1, 2011, under the Fiscal Year 2012 H-1B cap.

Keywords: litigation, immigration, U.S. Citizenship and Immigration Services, F-1 student status, H-1B petitions

—Christian Triantaphyllis, FosterQuan, LLP, Houston, Texas

February 27, 2012

H-2B Temporary Labor Certification Rule Published

The Federal Register has published a rule to revise the process by which employers obtain a temporary labor certification from the Department of Labor for H-2B nonimmigrant petitions.

Keywords: litigation, immigration, Department of Labor, Federal Register

—Parisa Karaahmet, partner, Fragomen, Del Rey, Bernsen & Loewy, LLP, New York, New York

February 22, 2012

New Rule Allows L-1 Visas to Be Issued for Five Years

Under a new State Department rule, foreign nationals can be issued L-1 visas valid for up to five years, depending on the maximum period allowed for their country of citizenship. The rule will not increase an L-1 nonimmigrant’s authorized period of stay in the United States, but it means that some foreign nationals will not need to renew an L visa even if they later extend their stay.

Keywords: litigation, immigration, visas, U.S. Citizenship and Immigration Services

—Parisa Karaahmet, partner, Fragomen, Del Rey, Bernsen & Loewy, LLP, New York, New York

January 31, 2012

Fourth Circuit Rejects Silva-Trevino Framework

The Fourth Circuit has issued its opinion in Prudencio v. Holder [PDF], No. 10-2382 (4th Circuit 2012).

Keywords: litigation, immigration, moral turpitude, Immigration and Nationality Act

—Peter F. Asaad Esq., Immigration Solutions Group, PLLC, Washington, D.C.

January 25, 2012

Obama Signs Order Speeding Visa Processing

President Obama today signed an executive order aimed at speeding nonimmigrant visa processing and implementing other measures to increase travel to the United States. The order is part of a plan to spur U.S. economic growth and job creation through the tourism industry, which represents 2.7 percent of U.S. gross domestic product and supports more than one million U.S. jobs.

Keywords: litigation, immigration, President Obama, visa processing

—Parisa Karaahmet, partner, Fragomen, Del Rey, Bernsen & Loewy, LLP, New York, New York

January 10, 2012

USCIS Proposes Streamlined Application Process

U.S. Citizenship and Immigration Services (USCIS) has announced a proposal to streamline the application process for the spouses and children of U.S. citizens currently eligible for legal permanent resident status, minimizing the amount of time that applicants would have to be separated from their families.

Keywords: litigation, immigration, U.S. Citizenship and Immigration Services

—Parisa Karaahmet, partner, Fragomen, Del Rey, Bernsen & Loewy, LLP, New York, New York

December 8, 2011

Fairness for High-Skilled Immigrants Act Held in the Senate

After HR 3012, also known as the High-Skilled Immigrants Act, passed in the House of Representatives, Senator Charles Grassley placed a hold on the bill, saying that it would eliminate limitations on employment visas and increase the cap on family-based immigrants.

Keywords: litigation, immigration, Fairness for High-Skilled Immigrants Act

—Parisa Karaahmet, partner, Fragomen, Del Rey, Bernsen & Loewy, LLP, New York, New York

November 9, 2011

USCIS to Allow Bundled L-1B Petitions

U.S. Citizenship and Immigration Services (USCIS) will now be consider Bundled L-1B [PDF] petitions related to a single project together. USCIS will also consider petitions for L-1A managers included with the bundle if such persons will be managing the L-1B beneficiaries who will be working on the project.

Keywords: litigation, immigration, U.S. Citizenship and Immigration Services, L-1B, L-1A

—Rajan O. Dhungana, UNLV Boyd School of Law J.D. Candidate 2013 and governor of the ABA Law Students Division, 14th Circuit

November 9, 2011

USCIS Issues Several Updated Forms

U.S. Citizenship and Immigration Services (USCIS) recently issued several updated forms. The updated forms are I-193, I-693, I-864, I-864-A, I-864EZ, I-864W, and N-300. USCIS forms and their instructions are available in PDF format on USCIS’ website, www.uscis.gov. Click on “FORMS” at the top of the page and select the desired form by number.

Keywords: litigation, immigration, U.S. Citizenship and Immigration Services

—Rajan O. Dhungana, UNLV Boyd School of Law J.D. Candidate 2013 and governor of the ABA Law Students Division, 14th Circuit

November 9, 2011

DOL Releases Foreign Labor Certification Report

The Department of Labor Employment Training Administrations’ Office of Foreign Labor Certification (OFLC) released its Foreign Labor Certification Annual Report on October 12, 2011. The 2010 report presents information on the prevailing wage determination process, permanent labor certification, and temporary nonimmigrant labor certification for FY 2010. In addition, this report contains valuable information on state employment-based immigration profiles, permanent education certification statistics, H-1B education certification statistics, and country employment-based immigration profiles.

Keywords: litigation, immigration, Department of Labor Employment Training Administrations, Office of Foreign Labor Certification

—Rajan O. Dhungana, UNLV Boyd School of Law J.D. Candidate 2013 and governor of the ABA Law Students Division, 14th Circuit

November 9, 2011

BIA Precedent, Matter of Daniel Edgar Zamora-Molina

According to the U.S. Department of Justice’s Executive Office for Immigration Review’s Board of Immigration Appeals (BIA), pursuant to section 201(f)(2) of the Immigration and Nationality Act, an immigrant’s actual, not adjusted, age on the date of his or her parent’s naturalization determines whether he or she is an immediate relative. Section 204(k)(2) of the act, 8 U.S.C. § 1154(k)(2) (2006), does not allow an immigrant to retain his or her 2A-preference status by opting out of automatic conversion to the first-preference category as a son or daughter of a U.S. citizen on his or her parent’s naturalization. Matter of Daniel Edgar Zamora-Molina, Respondent, 25 I. & N. Dec. 606 (BIA 2011)

Keywords: litigation, immigration, Board of immigration Appeals, Immigration and Nationality Act

—Rajan O. Dhungana, UNLV Boyd School of Law J.D. Candidate 2013 and governor of the ABA Law Students Division, 14th Circuit

November 9, 2011

DHS Releases Report on 2010 LPR Population

The Department of Homeland Security’s (DHS) Office of Immigration Statistics has issued a report, “Estimates of the Legal Permanent Resident Population in 2010” (Oct. 2011), which estimates that 12.6 legal permanent residents (LPRs) resided in the United States on January 1, 2010. Of those, an estimated 8.1 million are eligible for naturalization. Fifty-six percent of LPRs obtained permanent resident status in 2000 or later; 38 percent gained LPR status between 2005 and 2009.

Keywords: litigation, immigration, Department of Homeland Security, Office of immigration Statistics

—Rajan O. Dhungana, UNLV Boyd School of Law J.D. Candidate 2013 and governor of the ABA Law Students Division, 14th Circuit

October 19, 2011

Supreme Court to Review Ninth Circuit Minor Child Cases

Two cases are pending before the U.S. Supreme Court as it returns for the October 2011 term. In these cases, U.S. Solicitor General Donald B. Verrilli Jr. challenges the U.S. Court of Appeals for the Ninth Circuit’s ruling that a parent’s years of lawful permanent resident (LPR) status and residence after lawful admission should be imputed to that parent’s unemancipated minor child to meet the five-year LPR status and seven-year continuous-resident requirements for cancellation of removal under INA § 240A(a). No date for oral arguments have been set yet. See Holder v. Guttierez, 2011 WL 249 1556, and Holder v. Sawyers, 2011 WL 2491573.

Keywords: litigation, immigration, lawful permanent resident, seven-year continuous resident, Supreme Court

—Rajan O. Dhungana, UNLV Boyd School of Law J.D. Candidate 2013 and governor of the ABA Law Students Division, 14th Circuit

October 19, 2011

Employers Getting Original Approval Notices from USCIS

U.S. Citizenship and Immigration Services (USCIS) has begun sending original form I-797 petition approval notices [PDF] to employers rather than immigration attorneys per new policy changes. The new procedure means that employers and their immigration lawyers may need to change the ways in which they work together.

Keywords: litigation, immigration, U.S. Citizenship and Immigration Services, form I-797 petition approval notices

—Rajan O. Dhungana, UNLV Boyd School of Law J.D. Candidate 2013 and governor of the ABA Law Students Division, 14th Circuit

October 19, 2011

USCIS Updates H-1B Cap Count

On October 6, 2011, U.S. Citizenship and Immigration Services (USCIS) announced that, as of September 23, 2011, it had received approximately 36,300 H-1B nonimmigrant petitions that are subject to the fiscal year 2012 cap. It has also received approximately 17,700 petitions counting toward the 20,000 U.S. master’s degree or higher cap exemption.

Keywords: litigation, immigration, U.S. Citizenship and Immigration Services, H-1B nonimmigrant petitions

—Rajan O. Dhungana, UNLV Boyd School of Law J.D. Candidate 2013 and governor of the ABA Law Students Division, 14th Circuit

October 19, 2011

President Obama Sets Refugee Admission Numbers for FY 2012

President Obama recently issued a memorandum to admit up to 76,000 refugees into the United States over humanitarian concerns. The memorandum breaks down the geographic regions of the refugees to be admitted and provides that the secretary of state may allocate the unallocated admissions to regions where there is a need and transfer unused admission to another region as needed on notice to the House and Judiciary committees. See 76 Fed. Reg. 625597 (Oct. 11, 2011).

Keywords: litigation, immigration, President Obama, refugees

—Rajan O. Dhungana, UNLV Boyd School of Law J.D. Candidate 2013 and governor of the ABA Law Students Division, 14th Circuit

October 19, 2011

Temporary Worker Visa Exit Program Pilot Ends

U.S. Customs and Border Protection (CBP) has discontinued the H-2A and H-2B Temporary Worker Visa Exit Program pilot, which began December 8, 2009. It required temporary workers in H-2A or H-2B nonimmigrant classifications who entered the United States at the port of San Luis, Arizona, or the port of Douglas, Arizona, at the time of their final departure, to depart from these respective ports and to submit certain biographical and biometric information at one of the kiosks established for this purpose. See 76 Fed. Reg. 60518 (Sept. 29, 2011).

Keywords: litigation, immigration, U.S. Customs and Border Protection, temporary workers, Arizona

—Rajan O. Dhungana, UNLV Boyd School of Law J.D. Candidate 2013 and governor of the ABA Law Students Division, 14th Circuit

August 30, 2011

White House to Clear Out Low-Priority Deportation Cases

The White House has announced a new strategy that focuses immigration resources in a way that puts public safety and national security first. The Department of Homeland Security, along with Department of Justice, will review the current deportation caseload to clear out low-priority cases on a case-by-case basis and make more room to deport people who have been convicted of crimes or who pose a security risk. The announcement stated that they will take steps to keep low-priority cases out of the deportation pipeline in the first place.

Keywords: litigation, immigration, Department of Homeland Security, Department of Justice

— Peter F. Asaad, Esq., Immigration Solutions Group, PLLC, Washington, D.C.

August 30, 2011

U.S. Citizenship and Immigration Services to Go Paperless

The Department of Homeland Security (DHS) is amending its regulations [PDF] so that U.S. Citizenship and Immigration Services (USCIS) can migrate to an electronic, centralized case-management environment for the processing of benefits. This should allow USCIS to streamline the processing of benefits, eliminate the capture and processing of redundant data, reduce the number of forms, and automate forms.

The phased, multi-year initiative will restructure USCIS business processes and information technology systems. The DHS is removing references to form numbers, form titles, expired regulatory provisions, and descriptions of internal procedures, many of which will change during the transformation. The DHS is also finalizing rules that allow benefit requests to be submitted with an electronic signature and that removed references to filing locations for immigration benefits.

Keywords: litigation, immigration, U.S. Citizenship and Immigration Services, paperless

— Peter F. Asaad, Esq., Immigration Solutions Group, PLLC, Washington, D.C.

August 30, 2011

New Los Angeles Immigration Judges Invested

The Executive Office for Immigration Review (EOIR) has announced the investiture of two new immigration judges who will join the immigration judge corps in Los Angeles, California. Deputy Chief Immigration Judge Michael C. McGoings presided over the investiture during a ceremony held at EOIR’s headquarters August 19, 2011.

Keywords: litigation, immigration, Executive Office for Immigration Review, California

— Peter F. Asaad, Esq., Immigration Solutions Group, PLLC, Washington, D.C.

August 30, 2011

Pork Producer Settles I-9 Beef with DOJ, Pays $290K Fine

The Department of Justice has settled with Farmland Foods, Inc., resolving allegations that Farmland discriminated against non-U.S. citizens and foreign-born U.S. citizens by imposing unnecessary and excessive documentary requirements on them when establishing their authority to work in the United States. Farmland has agreed to end its impermissible document requests and modify its employment eligibility verification process, as well as pay $290,400 in civil penalties. This is the highest civil penalty paid through settlement since the enactment of the Immigration and Nationality Act (INA) antidiscrimination provision in 1986.

Keywords: litigation, immigration, employment verification, Immigration and Nationality Act

— Peter F. Asaad, Esq., Immigration Solutions Group, PLLC, Washington, D.C.

October 14, 2010

District Judge Orders Friendly House SB-1070 Case to Proceed

On October 8, 2010, District Court Judge Susan R. Bolton denied requests by Governor Janice K. Brewer, Sherriff Joseph Arpaio, and others to dismiss Friendly House v. Whiting, one of several lawsuits challenging Arizona’s SB-1070 law.

— Peter F. Asaad, Esq., Immigration Solutions Group, PLLC, Washington, D.C.

October 14, 2010

C-SPAN gets OK to Televise Immigration Hearing

C-SPAN has won permission to bring up to two video cameras into an appeals court hearing in Governor Jan Brewer’s appeal of a ruling that put parts of Arizona’s new immigration law on hold. The network had asked the Ninth U.S. Circuit Court of Appeals in San Francisco, California, for permission to televise arguments from both sides at the November 1 hearing.

— Peter F. Asaad, Esq., Immigration Solutions Group, PLLC, Washington, D.C.

October 14, 2010

USCIS Plans Listening Session with AAO

The U.S. Citizenship and Immigration Services (USCIS) Office of Public Engagement invites the public to a listening session with the Administrative Appeals Office (AAO) on Wednesday, October 20, 2010, at 1 p.m. E.T. Perry Rhew, chief of the AAO, will discuss the precedent decision process and current AAO case processing. The AAO will also hear feedback regarding the AAO and the appeal process during this session.

You can participate in this session in person or by telephone. Provide your full name and the organization you represent to Suzie Clarke at suzanne.clarke@dhs.gov or 202-272-1279 by October 19, 2010. Be sure to indicate if you will attend in person or by telephone. The USCIS will provide call-in information as the date of the session approaches. Please let the USCIS know if there are topics or questions that you would like to discuss during the session by September 21, 2010. Please note that case-specific questions will not be addressed in this session.

— Peter F. Asaad, Esq., Immigration Solutions Group, PLLC, Washington, D.C.

October 14, 2010

Department of Labor Document Answers Permanent Labor Certification Questions

The U.S. Department of Labor's Employment and Training Administration's Office of Foreign Labor Certification released a document including Round 12 of answers to frequently asked questions regarding permanent labor certification on October 8, 2010. Download the .pdf document at the Department of Labor’s website.

— Peter F. Asaad, Esq., Immigration Solutions Group, PLLC, Washington, D.C.

October 14, 2010

CRS Report Discusses Performance Measures on Worksite Enforcement

A recent Congressional Research Service (CRS) report for Congress, Immigration-Related Worksite Enforcement: Performance Measures by Andorra Bruno, specialist in immigration policy, discusses the guidance issued by the Department of Homeland Security (DHS) on the enforcement of prohibitions on the employment of unauthorized immigrants in the United States. It also discusses data the department maintains on measures used to examine the performance of its worksite enforcement program.

— Peter F. Asaad, Esq., Immigration Solutions Group, PLLC, Washington, D.C.

October 14, 2010

OIL Releases Padilla v. Kentucky Reference Guide

The Office of Immigration Litigation (OIL) has released a comprehensive overview of the portions of the Immigration and Nationality Act relevant to illegal immigrants intended to illuminate the potential immigration consequences of a plea to criminal charges. This guide presents a brief, clear introduction identifying and summarizing the relevant statutes in light of Padilla v. Kentucky, 130 S. Ct. 1473 (2010).

Federal Contractors Subject to Executive Order Must Use E-Verify

The E-Verify Federal Contractor rule is out after more than 1,600 public comments were received. The Executive Order’s effect will be wide-reaching as it papers that if a federal contractor is subject to the Executive Order, they must use E-Verify with all new hires, in addition to new hires and additions of existing employees to subject government contracts. What follows is an overview of the rule.

Summary
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to require certain contractors and subcontractors to use the E-Verify system administered by the Department of Homeland Security, U.S. Citizenship, and Immigration Services, as the means of verifying that certain of their employees are eligible to work in the United States. Executive Order 12989, as amended, specifically directs the agency heads of DoD, GSA, and NASA to implement this policy through amendments to the FAR. Under the final rule, Departments and agencies should, in accordance with FAR 1.108(d)(3), amend existing Indefinite Delivery/Indefinite Quantity (IDIQ) contracts to include the clause for future orders if the remaining period of performance extends at least six months after the effective date of the final rule and the amount of work or number of orders expected under the remaining performance period is substantial.

Process
The rule inserts a clause into Federal contracts committing Government contractors to use the USCIS E-Verify program to verify that all of the contractors’ new hires, and all employees (existing and new) directly performing work under Federal contracts, are authorized to work in the United States. The final rule:

1. Exempts contracts that are for:
   • Commercially available off-the-shelf (COTS) items.
   • Items that would be COTS items but for minor modifications.
2. Requires inclusion of the clause in subcontracts over $3,000 for services or for construction.
3. Requires contractors and subcontractors to use E-Verify to confirm the employment eligibility of all existing employees who are directly performing work under the covered contract (THIS MEANS REVERIFICATION OF EXISTING EMPLOYEES, which is not currently allowed under E-Verify)
4. Applies to solicitations issued and contracts awarded after the effective date of the final rule in accordance with FAR 1.108(d). Under the final rule, Departments and agencies should, in accordance with FAR 17 1.108(d)(3), amend—on a bilateral basis—existing IDIQ contracts to include the clause for future orders if the remaining period of performance extends at least six months after the effective date of the final rule.
5. In exceptional circumstances, allows a head of the contracting activity to waive the requirement to include the clause. This authority is not delegable.

Note: As with any rule that there are exceptions to the above rule that federal contactors use E-Verify. For instance, prime contracts with performance terms of less than 120 days are exempted; the final rule exempts employees who hold an active security clearance of confidential, secret, or top secret from the verification requirements; and certain administrative staff may be exempt too. And, swinging the net widely, for those contractors who choose to, they will have the option of verifying all employees, including any existing employees not currently assigned to a Government contract. A contractor that chooses to exercise this option must notify DHS and must initiate verifications for the contractor’s entire workforce within 180 days of such notice to DHS.

Supreme Court to Hear Case of Illegal Immigrant Charged with Identity Theft

On October 20, 2008, the Supreme Court of the United States granted certiorari to hear the case of U.S. v. Flores-Figueroa. The Supreme Court’s decision will have a significant impact on undocumented workers who use fake identification belonging to another person.

The Supreme Court will determine what federal prosecutors must prove to establish aggravated identity theft. Specifically, at issue is whether the government has the burden to prove that the person knew that the identification they were using belonged to another person. Under federal law, aggravated identify theft occurs when a person “knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person.”

In U.S. v. Flores-Figueroa, 274 Fed. Appx. 501, No. 07-2871 (8th Cir. April 23, 2008), Mr. Ignacio Flores-Figueroa, a Mexican illegal immigrant, was convicted of aggravated identity theft for using a fraudulent alien registration number and social security number belonging to another person to obtain a job in Illinois, and was sentenced to more than six years in prison. Mr. Flores-Figueroa argued that he thought the identification was fabricated and did not know the identifying information actually belonged to another person. He also argued that the government had the burden to prove he knew the identification belonged to another person to establish aggravated identity theft. The 8th Circuit found against Mr. Flores-Figueroa, holding that the knowledge requirement applied only to the transfer, possession or use of false identification and did not include knowledge that the false identification belonged to another person.

There has been a divide among appellate courts on this issue in related cases, and the Supreme Court is expected to resolve the conflicting interpretation of the knowledge requirement in aggravated identity theft. The Supreme Court will hear arguments on this case next year. Flores-Figueroa v. U.S., No. 08-108, 2008.

Latest Updates on No-Match Regulations

Department of Homeland Security Reverses Itself and Appeals Judge's Order Staying the No-Match Regulations
On December 4, 2007, Counsel for the Department of Homeland Security (DHS) wrote in a letter to Judge Charles Breyer of the U.S. District Court for the Northern District of California that they are pursuing a two pronged approach in response to the Court's decision to stay the No-Match regulations in AFL-CIO, et al. v. Chertoff, et al., No. 3:07-vc-04472-CRB.

First, DHSwill promulgate a revised no-match rule which they anticipate will be ready by March 2008 at the latest.Second, DHS has decided to file a notice of appeal with the U.S. Court of Appeals for the Ninth Circuit. The latter is a reversal on the government's part and, as stated in the letter, is in response to assertions in the media by groups such as the American Civil Liberties Union (ACLU) that by agreeing to revise theno-match rule the government conceded the rule was legally flawed. As stated in the letter, "[t]he plaintiffs have made assertions in the media that by revising the no-match rule, the government has conceded that it is legally flawed. That is not so. The government respectfully disagrees with this Court's issuance of a preliminary injunction, and our decision to revise the rule reflects nothing more than our firm commitment to eliminating any obstacles and ensuring that the no-match rule may become operative as quickly as possible."

AFL-CIO v. Chertoff et al. – Preliminary injunction filed and entered October 15, 2007 in the no-match regulations suit.

No-Match Regulation on Hold

On October 10, 2007, the US District Court in the Northern District of California issued a preliminary injunction on the social security no match rule. This means that the No Match Rule cannot take effect until the ligitgation surrounding the regulation is resolved.

October 1st order from the Federal Court extending the Temporary Restraining Order by 10 days while Judge Charles Breyer writes an opinion on the Preliminary Injunction Motion in American Federation of Labor v. Michael Chertoff.

Government's response in opposition to the AFL-CIO, San Francisco Chamber of Commerce, et al. motions for preliminary injunction regarding the Social Security Administration's No-Match regulations, which were filed yesterday in the U.S. District Court, Northern District of California.

Letter to Homeland Security Secretary Michael Chertoff from members of the California Congressional delegation regarding implementation of the no-match regulations.

Notice of Motion and Motion for Preliminary Injunction filed with the U.S. District Court, Northern District of California regarding the no-match regulations seeking entry by additional members in the lawsuit, including the Chamber of Commerce, San Francisco Chamber of Commerce, Golden Gate Restaurant Association, National Roofing Contractors Association, American Nursery & Landscape Association, International Franchise Association, and the United Fresh Produce Association as Plaintiff-Intervenors.

Plaintiff-Intervenors' Memorandum of Points and Authorities in Support of their Application for Preliminary Injunction on October 1, 2007 regarding the proposed no-match regulations.

On August 31st, the U.S. District Court for the Northern District of California issued a Temporary Restraining Order and Order to Show Cause against the Department of Homeland Security's new rule regarding steps American employers must take upon receipt of a "no-match" letter from the Social Security Administration, questioning whether the Agency and the Social Security Administration acted beyond their statutory authority. The Court also found that plaintiffs demonstrated that the balance of harms may be that employers may suffer irreparable harm if the new rule is implemented.

The ILRC Forecast on Immigration Reform

Judith Golub, Executive Director of the Immigrant Legal Resource Center, has written a Forecast on Immigration Reform. She writes about the likelihood that reform will happen this year, including four possible scenarios.

ABA Commission on Immigration Policy Resolutions

On Monday, February 13, 2006, the ABA House of Delegates adopted seven policy resolutions sponsored by the ABA Commission on Immigration. The resolutions and reports are available in PDF format:

• » 107A: Right to Counsel
• » 107B: Comprehensive Immigration Reform
• » 107C: Due Process and Judicial Review
• » 107D: Administration of U.S. Immigration Laws
• » 107E: Detention
• » 107F: Asylum
• » 107G: Immigrant Victims of Crime

Immigration Judges Under Fire

In recent months, there have been a flurry of media reports about bad behavior by U.S. immigration judges, the special administrative law judges who handle alien removal hearings and who report to the Executive Office for Immigration Review (EOIR).

The New York Times started the trend with a December 26, 2005 story titled “Courts Criticize Judges’ Handling of Asylum Cases,” in which the paper reported how US Courts of Appeals were lambasting immigration judges for their poor decisions. The Daily Journal ran the story “Jurist’s Asylum-Seeker Rulings Earn Rebukes” on January 31, 2006, discussing Los Angeles-based Immigration Judge Anna Ho, who has been repeatedly rebuked by the Ninth Circuit Court of Appeals for her poor decisions. The National Law Journal ran a front-page story, “Immigration Judges Come Under Fire,” on February 6, 2006. The Los Angeles Times ran a story (“Some Immigrants Meet Harsh Face of Justice”) on February 12, 2006, reviewing numerous cases involving incompetent and insensitive behavior by immigration judges, including a case where a US citizen was ordered deported. In response, Attorney General Alberto R. Gonzales announced that he will be conducting a “comprehensive review” of the immigration courts. Gonzales wrote a memo to all immigration judges, dated January 9, 2006, in which he ordered them to treat aliens “with courtesy and respect.”

At least one Immigration Judge has recently been sued, and later terminated for misconduct. Immigration Judge Michael Levinsky of New York lost his job after the federal Merit Systems Protection Board found that he had repeatedly in court used sexist and ethnically insensitive generalizations, including “statements to the effect that: women are inherently homosexual …; all Colombians and Cubans are drug dealers …; Mexicans are drunks …; Salvadorans prefer incest …; Dominican women will have children with anyone …; Poles drink too much …; Chinese are kidnappers …; Jamaicans, Dominicans and Cubans are murderers …; Jamaican women make good housekeepers and nannies …; and [he did] not like Japanese people ….” Levinsky was successfully sued by a Department of Homeland Security trial attorney who claimed harassment; the agency paid $60,370 to settle her claims. At the same time, EOIR refuses to disclose publicly any disciplinary actions against immigration judges, although information about disciplinary actions against private attorneys is displayed prominently on their website.