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    Published on 10-12-2012 08:54 AM

    I-9 Questions From Our Readers

    Ann Cun

    This year, we’ve received many questions from our readers about I-9 compliance as a result of more than 200+ articles and multiple I-9 webinars we’ve given. Some questions seek very procedural responses while others are rhetorical. We’re taking a pause today from the hubbub of news and updates to go over some of the questions. Procedural and legal questions we’ll reserve for a future article where our attorney partners can respond with their expertise. [Note the questions below are taken almost verbatim from our readership.]

    1. How close are we to the release of the new I-9 Form?

    The second comment period ends on October 15, 2012. If the comments are anything like the first round of comments, which tallied over 6,200, then USCIS will probably be spending a few months reviewing the comments before issuing the final form. Given how much public interest there has been in the evolution of the form revisions, it would certainly be a welcomed relief for many employers if USCIS provided the public with an appropriate grace period in order to adopt the new changes into existing business practices.

    Check back on the LawLogix I-9 and E-Verify blog. We’ll always bring you the latest details as they evolve.

    2. Regarding electronic I-9 solutions/options, which is the considered the best amongst employers?

    From ...

    Published on 10-11-2012 01:48 PM

    Bloggings On Political Asylum

    by Jason Dzubow

    The Asylum Affidavit, Part 3: TMI

    This is the final (and much delayed)  installment in a series about preparing a client's asylum affidavit.  I previously wrote about the importance of including enough detail to support a claim.  Today I want to discuss how to provide details about sensitive topics, like rape or the murder of a loved one.

    Immigration Judges love reading well crafted affidavits.

    For obvious reasons, most asylum applications involving discussing unpleasant events.  However, some events are more unpleasant than others.  For ...

    Published on 10-11-2012 01:28 PM

    Bloggings on Deportation and Removal

    by Matthew Kolken

    Last night I appeared on a Huffington Post Live segment entitled: "More Immigrants, Please." The segment was hosted by Alyona Minkovski.  I was joined by immigration policy analyst David Beir, Steven Camarota, Director of Research at the Center for Immigration Studies, ...

    Published on 10-10-2012 04:38 PM

    Immigration Judge Grants Asylum To A Woman From Liberia Who Was A Member Of A Particular Social Group: "Women Who Had Been Captured During A War And Used As Sex Slaves"

    by David L. Cleveland

    Immigration Judge Lisa Dornell granted asylum to a woman from Liberia, who had been repeatedly raped, in a 22-page Decision dated May 17, 2012. [Baltimore MD Immigration Court; a redacted Decision is available at bibdaily.com, and is posted as AILA document 1208-3061]. No appeal ...

    Published on 10-10-2012 11:44 AM

    Bloggings on Immigration Law

    by Roger Algase

    Yogi Berra's Spirit Lives On In H-1B RFE Land.

    Recently, I received an RFE (Request For Evidence) in response to an H-1B petition involving a relatively small but well established consumer oriented company which was filing on behalf of an employee to work in a position that has long been recognized by the USCIS as a traditional H-1B specialty occupation. The immigration examiner in this case did not dispute this.

    However, as has been the case with so many H-1B petitions for many years, the USCIS examiner seized on the company's small size in order to argue that this factor alone meant that it did not need an H-1B level employee in that particular specialty, which happens to be one that almost every type of company of every size normally needs, as it is related to the marketing and public relations side of the business.

    Despite the fact ...

    Published on 10-10-2012 11:39 AM

    Bloggings on I-9 E-Verify Immigration Compliance

    Bruce Buchanan

    OCAHO Reduces Contractor's Fine by 40 Percent

    Office of the Chief Administrative Hearing Officer (OCAHO) has found Four Seasons Earthworks
    Inc. (Four Seasons) violated the Immigration Reform and Control Act (IRCA) but reduced its proposed fine from $15, 361.50 to $9,000.

    In United States v. Four Seasons Earthworks, 10 OCAHO No. 1150 (2012), ...

    Published on 10-10-2012 11:30 AM

    EB-5 Practice under SEC Proposed Rules to Implement the JOBS Act

    by Yi Song, Jennifer Moseley and Clem Turner

    Regional Centers[1] lawfully raise capital within the EB-5 Program [2] pursuant to one or more exemptions from registration set forth in the United States securities laws. The most commonly utilized exemptions in EB-5 offerings are Regulation D (the Private Placement exemption) and Regulation S (the Offshore Offering exemption) each promulgated under the Securities Act of 1933, as amended. Without a valid exemption, companies raising money under the U.S. securities laws must register with the Securities and Exchange Commission ("SEC") and disclose substantially similar information as a company "going public." Failure to comply with Regulation D, Regulation S or the onerous disclosures required by registration will subject an issuer to penalties and fines by the SEC which can be equal to or greater than the amount raised by the regional center in its non-compliant offering. Furthermore, the regional center's own investors can sue to recover the full amount of their investment.

    On August 29, 2012 the SEC proposed rules (referred to in this article as "proposed rules") to the most relevant section of the JOBS Act to Regulation D: to repeal the prohibition on general solicitation and general advertising rules for private placement offerings conducted pursuant to Rule 506 of Regulation D, provided that all purchasers are accredited investors. The criteria for being an accredited investor are discussed later in this article. In addition, the proposed rules would require that issuers who use general solicitation or general advertising take reasonable steps to verify that the purchasers are accredited investors. Finally, the proposed rules would amend the SEC's notice requirement for issuers utilizing Regulation D (filed on Form D) to add a check box to indicate whether an offering is being conducted ...

    Published on 10-10-2012 10:18 AM

    Brown Around Town: Immigration Semantics

    by Jan H. Brown


    About The Author

    Jan H. Brown is a principal in the Law Offices of Jan H. Brown, P.C., centered in New York City. He has been practicing immigration and nationality law since 1979 and frequently lectures and writes on the subject of U.S. immigration law. Mr. Brown is a long time senior editor of AILA's Immigration & Nationality Handbook and editorial reviewer for Kurtzban's Immigration Law Sourcebook. His editorial cartoons have appeared in various publications, including Liberal Opinion Week and AILA's Immigration Law Today. Jan Brown represents clients across the immigration spectrum, from removal defense to EB-1 extraordinary ability workers. He is past chair of the AILA New York Chapter and currently co-chairs the New York State Bar Association's Immigration and Nationality Law Committee; as such he is active in efforts to reform our immigration system.

    The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.
    Published on 10-09-2012 11:44 AM

    Bloggings On Dysfunctional Government

    by Angelo Paparelli

    New York Times and Ann Coulter Refuted: Immigrant Rights ARE Civil Rights

    Helen and Cesar Chavez.jpgToday is the federal holiday of Columbus Day. In ironic recognition, President Obama will stop by a remote California village to dedicate the Cesar E. Chavez National Monument, memorializing the contributions of the eponymous Mexican-American civil rights leader who fought tirelessly to gain justice for immigrant farm workers. 

    Also today, Cesar's widow, Helen, continues her effort, with many others, to urge the New York Times to replace the odious, overbroad and outdated term, "illegal immigrant," with "undocumented immigrant" or another less racially charged phrase.

    For me, Columbus Day is personal.  I was born on October 12 -- the original day of remembering the Italian explorer's first touchdown on Guanahani, as the island of San Salvador was known in 1492 -- that is, until three-day weekends became more important than historical accuracy and Columbia became a misspelling of a South American country known for fine coffee more than the name by which to distinguish America and the New World from Old Europe.

    The President's Columbus-Day commemoration of the leader of farm workers strikes me as doubly ironic (and also quite politic) because early Italian immigrants, like my grandparents, came as impoverished and landless farmers to this new world of promised "opportunity" and were as reviled and unappreciated as Hispanic field workers in Chavez's time and other unauthorized immigrants still are today. 

    As social and cultural historian Yoni Appelbaum reminds us in The Atlantic, ("How Columbus Day Fell Victim to Its Own Success"), the Italian explorer who outsourced his services to Spain has become an enduring symbol of the genocide of indigenous people, even though Italian immigrants were vilified and some were murdered when they arrived on America's shores in the early Twentieth Century:

    Many Americans believed Italians to be racially inferior, their difference made visible by their "swarthy" or "brown" skins. They were often portrayed as primitive, violent, and unassimilable, and their Catholicism brought them in for further abuse. After an 1891 lynching of Italians in New Orleans, a New York Times editorial proclaimed Sicilians "a pest without mitigation," adding, for good measure, that "our own rattlesnakes are as good citizens as they."

    300px-ColumbiaStahrArtwork.jpgThe plight of individuals who migrate from poverty to opportunity is also reflected in an eye-opening book of great scholarship by Pulitzer-prize winning ...

    Published on 10-09-2012 11:18 AM

    Bloggings on Immigration Law and Policy

    by Greg Siskind

    ICE Director Allegedly Blackmailed California Governor

    Many in the pro-immigration community were puzzled and deeply disappointed that California Governor Gerry Brown vetoed a bill that would have limited how local law enforcement agencies implemented Secure Communities in the state. Brown publicly stated that the bill was too vague and did not contain an adequate list of crimes for which cooperation with ICE would be warranted.

    But was there more ...

    Published on 10-08-2012 02:39 PM

    Immigration Again Center-Stage During Supreme Court's 2012 Term

    by Adam Francoeur, Esq.

    The Supreme Court began its 2012 term this week coming off of a controversial year in which the Court played a central role in the ongoing effort to determine the parameters of U.S. immigration policy and the extent of federal authority.  In the Court’s fall session, the Justices will again delve into immigration law in two cases that deal with the consequences of criminal convictions for non-citizens.

    First up before the Court is Moncrieffe v. Holder in which the Court will decide whether a conviction under a provision of state law that encompasses, but is not limited to, the distribution of a small amount of marijuana without remuneration constitutes an aggravated felony subjecting the non-citizen to removal from the U.S., notwithstanding that the non-citizen was convicted of possessing such ...

    Published on 10-08-2012 02:31 PM

    Romney Stopping DACA Application Approvals On Becoming President.

    Alan Lee, Esq.

    On Monday, October 1st, Mitt Romney said in a Denver Post interview that he would not revoke work permits issued under the Deferred Action for Childhood Arrivals (DACA) program. "The people who have received the special visa ...

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