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  • Articles RSS Feed

    Published on 08-26-2013 12:06 PM

    It Happened to NASDAQ - What If It Happened to You?

    by Ed Poll

    On Thursday, August 22, the NASDAQ, one of the largest financial exchanges in the world, failed.  It had no backup, and was down for more than three hours.  The financial impact had to be in the billions of dollars.  

    Even as big as NASDAQ is, even though they have a pivotal role in the global economy, they failed to have a plan for disaster recovery.  How and why they recovered is still, at this writing, a mystery.  The fact that ...

    Published on 08-23-2013 02:38 PM

    Can Discharged Undocumented Workers Receive Backpay and Reinstatement?

    Bruce Buchanan

    [Editor’s Note: Today’s blog is authored by Bruce E. Buchanan, an Attorney at the Nashville office of Siskind Susser, P.C.]

    In a recent decision, the Second Circuit Court of Appeals returned to the National Labor Relations Board (NLRB) the issue of whether unlawfully discharged undocumented workers may receive “conditional reinstatement.”

    The case arose when five employees of Mezonos Maven Bakery (“Mezonos”) ...

    Published on 08-22-2013 11:24 AM

    White House: Why CIR Is Critical To American Agriculture

    by Sheela Murthy et al.

    There are many reasons that every American should care about immigration reform, but perhaps none more compelling than this: we all have to eat, and our food supply is heavily dependent upon the immigrant laborers who bring in the harvest. A recent study released by the White House underscores this point. [See Fixing Our Broken Immigration System, Executive Office of the President, 29.Jul.2013.] According to the White House report, agriculture ...

    Published on 08-22-2013 10:45 AM

    A Landmark Court of Appeal Decision Regarding I-9 Compliance

    by Josie Gonzalez and Amanda Paquet

    August 20, 2013

    [Editor’s Note: Today’s article is courtesy of Josie Gonzalez, Partner and Amanda Paquet, Attorney at Stone Grzegorek & Gonzalez LLP.]

    On August 6, 2013, the Ninth Circuit Court of Appeals issued the first appellate court decision on Form I-9 fine assessments in Ketchikan Drywall Services, Inc. v. Immigration and Customs Enforcement. In this landmark opinion upholding civil penalties of $173,250 against the employer, the court elucidates on what is a technical or procedural I-9 deficiency that can be corrected and not result in a fine versus a substantive I-9 error resulting in fines, ranging from $110 to $1,100 per deficient I-9. Of utmost significance, the court gave deference to Immigration’s Interim Guidelines reflected in the Virtue Memo. These Guidelines were issued by Immigration in 1997, with a promise that formal rulemaking would follow.  Over 16 years later, ICE has still to issue regulations.

    This article will tell the sorry tale of how a construction company ...

    Published on 08-22-2013 10:01 AM

    Canada - a hit among Immigrants

    by Opulentus Overseas Careers

    Canada is one of the most sought after countries from Immigrants all over and there are a variety of reasons why Canada is such a hit among people who are interested in migrating. According to the data from a National Household Survey conducted in 2011, among the G8 Countries, Canada has the highest proportion of foreign-born population standing at 20.6% followed by Germany at 13% and the United States at 12.9%.

    Between 2006 and 2011, a total of 1.2 million immigrants came to Canada with most of them settling in the big cities of the nation like Vancouver, Toronto and Montreal. However, other cities like Edmonton, Saskatoon, Ottawa, Calgary, Winnipeg and Regina is also seeing a steady rise of immigrants. In the past 5 years, about 56.9% of the immigrants came from Asia and Middle East.

    Cheaper study options

    HSBC Canada has released an interesting data according to which, the study costs for Foreign Students is less in Canada than countries like the Australia, U.S and U.K.

    A ...

    Published on 08-21-2013 03:07 PM

    Why DACA Matter - One Year Later

    by Ann Cun

    It’s been just over a year since the Deferred Action for Childhood Arrivals (DACA) Program was implemented by the U.S. Citizenship & Immigration Service (USCIS). To mark its anniversary, the Brookings Institute recently conducted a review of the past 12 months of the DACA program based on documents provided by USCIS from a Freedom of Information Act (FOIA) request. Its findings are very interesting and can be accessed in full here. Here are some of the interesting highlights:

    Brookings Data on DACA Aug 2013

    1. More than a half million people have applied for DACA from August 2012 to June 2013. (Access USCIS data on the latest DACA numbers here.) Seventy-two percent of applications received were approved while only 1% was denied.

    2. Mexico is country of origin for 74.9% of DACA applicants. El Salvador is second (4%) and Honduras is third (2.75%).

    3. DACA applicants overwhelming reside in California, Texas and New York, Illinois and Florida. Check out Brookings’ interactive map on these ...

    Published on 08-20-2013 11:07 AM

    212(i) AAO Win

    byAlan Lee, Esq.

    ...
    Published on 08-19-2013 04:52 PM

    The Lazarus Effect: How Comprehensive Immigration Reform Can Survive The House Gop And Come Back To Life

    by Gary Endelman and Cyrus Mehta

    “The only true test of leadership is the ability to lead and lead vigorously”>>
    President John F. Kennedy>>

    The Republican National Committee passed a resolution on Friday calling on Congress to pass immigration reform by the end of the year. Unlike the Senate Bill, s. 744, the Border, Security, Economic Opportunity and Immigration Modernization Act, which grants a path way to citizenship, the RNC resolution contemplates legalizing immigrants who came to the US above the age of 18, but only by granting them 2 year renewable work permits. For those who came to the US as minors, they would get a renewable 5 year permit. There is no pathway to citizenship in the RNC’s resolution.

    This tepid resolution is completely at odds with BSEOIMA, which will dramatically reform the immigration system. Although the bill does not have everything that everyone wants, S. 744 offers a pathway to legalization for the 10 million undocumented, a new W visa to allow for future flows of lower skilled immigrants and attempts to clear up the backlogs in the employment and family preferences. It also reforms the existing system in many ways by removing the 1 year bars to seeking asylum, creating a startup visa for entrepreneurs, clarifying a contentious provision under the Child Status Protection Act, providing greater discretion to both Immigration and Judges to terminate removal proceedings, among many other beneficial provisions.  >>

    Therefore, it remains uncertain whether any measure that the House passes can get reconciled with BSEOIMA, which truly reforms the immigration system. The intransigence in the GOP controlled House, while frustrating the hopes and aspirations of all those who believe that a reformed immigration system will benefit America, also further foreshadows doom for the party in future elections.  What caught our attention was a statement by Senator Rubio on the anniversary of the Deferred Action of Childhood Arrivals (DACA) program, one of the main Republican architects of BSEOIMA, when he warned his party members in Congress that if they did not pass a reform bill then President Obama could extend the administrative relief for young people to everyone through administrative action. >>

    The authors have since 2010 been advocating the ability of the President to ameliorate the plight of non-citizens trapped in a broken system through administrative measures. We have also proposed that the President can resolve the crisis in the backlogs in the employment and family based preferences by not counting derivative family members.  It was thus heartening to know that Rubio also acknowledged the President’s ability to pass an executive order, although he sees this more as a threat for his party.  First, if Obama provides ameliorative relief to millions of immigrants, it will benefit the Democrats in future elections, just as DACA benefited the President in his reelection in November 2012. Second, if the President were to expand DACA to a broader group of undocumented people, and allow them to apply for work authorization and travel permission, this might be better than the GOP immigration reform proposal, if it got passed into law as part of a compromise with the Senate. Such an executive order will not be accompanied ...
    Published on 08-19-2013 04:41 PM

    New Developments on I – 601A’s, §245(i), L-1’s, Same-Sex Petitions, K -4 Dependents, Scams, and NYC Help for Immigrants


    byAlan Lee, Esq.



    The below are some of the more interesting developments in the field of immigration law impacting areas of interest for many in the field.



    1. One of the key immigration
    ...
    Published on 08-15-2013 01:56 PM

    Immigration Reform Would Boost Travel and Tourism Industry

    by Sheela Murthy et al.

    Most of the public debate over immigration reform has ignored its impact on a key sector of the U.S. economy: travel and tourism. This, despite the fact that travel and tourism "comprise the largest service-export industry in the U.S., setting a record $165.6 billion in exports in 2012 and supporting 7.8 million jobs in 2012," according to U.S. Department of Commerce figures quoted in a recent White House report. [See The Economic Benefits of Fixing Our Broken Immigration System, Executive Office of the President, Jul.2013.] The report projects a four percent rise in the volume of international visitors in 2013, and continued strong growth in international travel to the ...

    Published on 08-14-2013 11:06 AM

    PERM Developments and Problems


    byAlan Lee, Esq.



    Moving through the summer of 2013, the Department of Labor (DOL) has added a couple of new wrinkles along with problems to PERM processing, and its appellate body, The Board of Alien Labor Certification Appeals (BALCA) recently issued three favorable rulings, one of which may or may not be shaky as a panel decision ...
    Published on 08-14-2013 10:40 AM

    Dissecting The SIMPLE Regional Center Designation Letter


    By Joseph P. Whalen

    These short (usually 4-page) Regional Center Initial Designation Letters have been going through a series of revisions but it looks like USCIS has winnowed the chaff and whittled it down to a likely[1] final form. They appear to be quite formulaic and vague on purpose. They help the agency more quickly issue an Initial Regional Center Designation Decision and I am sure that many stakeholders will join in applauding that effort. However, as with anything else, haste can make waste. These Notices are much less informative and vague; based solely on the USCIS-defined “Hypothetical Project(s)”; offer no DEFERENCE which means that they will instill little if any CONFIDENCE in the projects being offered for EB-5 investment. Not to worry on that point because follow-up filings are expected and an opportunity to gain DEFERENCE and therefore CONFIDENCE remain easily within reach. It is interesting to note that in some cases USCIS has taken what was put forth as either an “actual” or even an “exemplar” project and treated it and labeled it as a “hypothetical” due to a lack of Matter of Ho-Compliance issues. That, in my not so humble opinion, is OK because at least it is not a flat-out denial which ...

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