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    Published on 08-07-2012 03:50 PM

    Bloggings on Immigration Law and Policy

    by Greg Siskind

    August 03, 2012

    Published on 08-07-2012 03:32 PM

    Bloggings on Immigration Law

    by Roger Algase

    Aug 07, 2012

    Published on 08-07-2012 03:29 PM

    Bloggings on Political Asylum

    by Jason Dzubow

    Aug 07, 2012

    Published on 08-07-2012 03:24 PM

    From Theory to Practical Application in EB-5

    by Joseph Whalen

    Evidence Basics

    The requirements and qualifications for any benefit, or form of relief, whether an entitlement or bestowed through a favorable exercise of discretionary authority, under the immigration, nationality, citizenship, and related laws of the United States must be proven through the submission of sufficient evidence. The forms that that evidence may take can range far and wide. Evidentiary requirements may be static, as in unchanging; narrowly defined and tightly confined; or they may be vague and hard to figure out, in other words; fluid, dynamic, or esoteric. The vast majority of evidence utilized in this realm of INA and related adjudications is documentary. In certain specific contexts under the INA and related laws, evidence may take additional forms. These include: **** and written, direct-personal or paid-expert testimony; or medical testing, such as: blood tests, DNA mapping; or even a broad range of forensics: determining ...

    Published on 08-07-2012 03:11 PM

    Can Employers Achieve I-9 and E-Verify Compliance?

    Ann Cun

    For many employers, the idea of achieving I-9 and/or E-Verify compliance may be in the distant future. Yet, with all the talk about compliance, are there truly organizations that have achieved compliance? What does compliance actually mean?

    Our friends at Merriam-Webster define compliance as the “conformity in fulfilling official requirements.” Oddly enough, one of example of usage is, “There has been a low rate of compliance with the new law.”

    Indeed, based on I-9 inspections by ICE and the millions of fines already issued, as well as the variety of E-Verify state laws that have gone into effect but with low rates of actual employer compliance, the folks at Merriam-Webster may be on to something….

    Compliance Is Not a One-Time Event

    From writing numerous articles and discussing with many employers, compliance is a constantly moving target. The laws keep changing. Different teams might be involved in how internal business processes are created, managed and executed. Your organization may achieve compliance one day but easily be non-compliant the next day.

    Compliance is like trying to keep your garage from getting cluttered.

    First, you’ll have to clean out the garage by sorting through necessary and unnecessary items. The I-9 and E-Verify equivalent would be conducting an internal audit of your organization’s business protocols.

    Second, you’ll have to create a storage system so that all items have a place to call “home.” The I-9 and E-Verify equivalent would be to investigate the right methods of executing and storing I-9 records and E-Verify case documents. Would your organization continue with a Paper I-9 process and enroll in E-Verify as an Employer? Or, would your organization utilize an electronic I-9 and E-Verify combined software to manage these processes and store all the necessary documents?

    Third, you’ll want to ensure that all the folks who have access to the garage contribute in keeping it clutter free and organized by educating them with signs and/or instructions. The same applies in I-9 and E-Verify compliance. All members who contribute to these processes should be trained on how to manage and execute the processes within the confines of the law.

    Finally, there should be mechanisms in place to enforce the rules. Would individuals who stray from the rules receive discipline and/or re-training? If so, how soon will it occur?

    Understanding Compliance Applies to Outside Resources Too

    Your outside partners (whether it’s electronic I-9 ...

    Published on 08-07-2012 10:50 AM

    Bloggings on Immigration Law

    by Roger Algase

    Aug 06, 2012

    Published on 08-07-2012 10:46 AM

    Bloggings on Dysfunctional Government

    Angelo Paparelli

    August 06, 2012

    Published on 08-07-2012 10:42 AM

    Bloggings on Nurse and Allied Health Immigration

    Chris Musillo

    August 03, 2012

    Published on 08-07-2012 10:30 AM

    Bloggings on Immigration Update

    Carl Shusterman

    DHS's Latest Guidance on Deferred Action

    by Carl Shusterman*  


    Today, on August 3, 2012, the Department of Homeland Security (DHS) released a 16-page memo entitled "Deferred Action for Childhood Arrivals". This memo reveals various details regarding how the new deferred action program will work. The memo contains answers to many Frequently Asked Questions which we summarize below:  


    1. Is Deferred Action a law?

    No. Deferred action is a discretionary determination on the part of DHS. It is an act of prosecutorial discretion. The new policy will allow certain foreign-born individuals who entered the United States as children to apply for 2-year work permits, and possibly for extensions. It is not a path to a green card or to U.S. citizenship.    


    2. Who is eligible for Deferred Action?

    You may apply for Deferred Action starting on August 15, 2012 if you

    1. Were under the age of 31 as of June 15, 2012; th
    2. Came to the United States before reaching your 16
    3. Have continuously resided in the United States since June 15, 2007, up to the presenttime;
    4. Were physically present in the United States on June 15, 2012, and at the time of makingyour request for consideration of deferred action with USCIS;
    5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
    6. Are currently in school, have graduated or obtained a certificate of completion from highschool, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
    7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.


    3. What forms do I use to apply, and what are the filing fees?

    Beginning August 15, 2012, you will be required to submit your request for consideration of deferred action to USCIS through a form, along with a form requesting an employment authorization document. The total fees will be $465. USCIS is still developing the forms and will be submitting them to the Office of Management and Budget (OMB) for review. Pending OMB clearance, the forms and instructions will be available on the USCIS website on August 15, 2012. Do not submit any request to USCIS before these forms are available. All requests received before August 15, 2012 will be rejected. Before deciding your application, DHS will perform a background check on you.  


    4. If my application is denied, can I appeal?

    You cannot an appeal or submit a motion to reopen/reconsider if your application is denied. However, the memo is silent about whether you can reapply for deferred action if you initial application is denied. In extremely limited situations, you can request a review of the denial. USCIS will implement a supervisory review process in all four Service Centers to ensure a consistent process for considering requests for deferred action for childhood arrivals. USCIS will require officers to elevate for supervisory review those cases that involve certain factors.    


    5. If my application is denied, can I be placed in removal proceedings?

    Usually not. However, there are exceptions, so be very careful. Below is how the memo explains this:

    Published on 08-07-2012 10:27 AM

    Choose The Right Newspaper For PERM Advertising

    Mike Hammond

    In a recent decisionby the Board of Alien Labor Certification Appeals (BALCA), the Court rejected an employers choice to publish the required newspaper ads in the Washington Examiner instead of the Washington Post. The BALCA decision makes clear that the newspaper chosen must be THE ...

    Published on 08-07-2012 10:24 AM

    DREAMERS Obtain Three Good Breaks In USCIS Deferred Action For Childhood Arrivals Process.

    Alan Lee, Esq.

    USCIS. informed DREAMERS on August 3, 2012, that it would make the forms available to apply for deferred action for childhood arrivals on August 15, 2012, and would begin accepting applications immediately at a designated U.S.C.I.S. lockbox facility. The fee will be $465 with very few fee waivers, which will include the application, employment authorization request, and biometrics. Applicants can request consideration of deferred ...

    Published on 08-03-2012 03:37 PM

    Bloggings on Immigration Law

    by Roger Algase

    Aug 03, 2012

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