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Please check back frequently for updates to immigration law, firm announcements and other items of interest. To subscribe to our newsletter which will provide information and breaking news related to immigration law changes and announcements, please e-mail Joseph Law Firm, P.C.: mail@immigrationissues.com BREAKING NEWS:
_ _______________________________________________________________________________________________ 1 ,000 FORM I-9 AUDITS ANNOUNCED________ News Release: ____________________________________________________________________________
ICE Issuing Notices of Inspection to Business Suspected of Hiring Undocumented Workers U.S. Immigration and Customs Enforcement (ICE) issued a press release announcing a new I-9 audit initiative.
According to ICE, Notices of Inspection would be issued to several hundred companies across the United States
beginning July 1, 2009 in a an effort to enforce I-9 employment verification provisions. ICE announced that it was
issuing Notices of Inspection to employers suspected of hiring undocumented workers, and that this initiative is
the first part of a comprehensive strategy to “address and deter illegal employment.” To read and view the full article, visit: www.ICE.gov
_______________________________________________________________________________________________ JOSEPH LAW FIRM HOSTS SEMINAR FOR HUMAN RESOURCE PROFESSIONALS June, 2009 JosephLaw Firm, P.C. will host a seminar on Strategic Immigration Planning for Human Resource Professionals on July 17th, 2009 at the Glenmoor Country Club. This seminar will benefit Human Resource Professionals, Global Talent Managers and Lawyers. The Seminar will cover topics such as: Updates for Federal and State Immigration & Employer Compliance Immigrant Visa Categories and their Limitations Strategic HR/Immigration Planning to Recruit & Retain Global Talent Click Here to Download a Brochure For More Information please contact mail@immigrationissues.com _______________________________________________________________________________________________ Jeff D. Joseph, Esq. Quoted in Washington Post Article June, 2009 Click on the link below to read Jeff Joseph's reaction to the recent seizure of tax records for an investigation into illegal immigration in Greeley, Colorado.
_______________________________________________________________________________________________ AILA to Host the 4th Annual Immigrant Liberty Awards on June 19th, 2009 April, 2009
_______________________________________________________________________________________________ DOL ANNOUNCES NEW iCERT PORTAL SYSTEM FOR TEMPORARY AND PERMANENT LABOR CERTIFICATIONS April, 2009
_______________________________________________________________________________________________ Joseph Law Firm, P.C. Receives Special Recognition from the Colorado Supreme Court April, 2009
_______________________________________________________________________________________________ TSA ANNOUNCES NEW SECURE FLIGHT PROGRAM FOR ALL DOMESTIC FLIGHTS April, 2009 The Transportation Security Administration (TSA) announced today the implementation of the Secure Flight program, which shifts pre-departure watch list matching responsibilities from individual aircraft operators to TSA and carries out a key recommendation of the 9/11 Commission. To date TSA has assumed the watch list matching responsibility for passengers on domestic commercial flights with four volunteer aircraft operators and will add more carriers in the coming months. "The implementation of Secure Flight is a critical step towards mitigating threats we know exist in our aviation system," said TSA Acting Administrator Gale Rossides. "Secure Flight improves security and protects passenger privacy and civil liberties by ensuring the confidentiality of government watch list matching protocols."
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USCIS CONTINUES TO ACCEPT H-1B PETITIONS April, 2009 - Change the terms of employment for current H-1B workers. - Allow current H-1B workers to change employers. - Allow current H-1B workers to work concurrently in a second H-1B position. U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in fields, such as scientists, engineers, or computer programmers.
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Jeff D. Joseph, Esq. & Kirby Gamblin Joseph, Esq. Both Named 2009 Colorado Superlawyers by Colorado Superlawyer Magazine March, 2009 We are pleased to announce that Colorado Superlawyers Magazine has named both Jeff D. Joseph, Esq. and Kirby Gamblin Joseph, Esq. as 2009 Colorado Superlawyers. Colorado Superlawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Superlawyers Magazine names attorneys in each state who receive the highest ratings, as chosen by their peers and through the independent research of Law & Politics. To learn more about Mr. Joseph, Mrs. Gamblin Joseph and other attorneys at Joseph Law Firm, P.C., visit our ABOUT US section on our web page.
_____________________________________________________________________________________________ Jeff D. Joseph, Esq Attends the AILA National Day of Action in Washington D.C. March, 2009 Jeff D. Joseph, a member of the American Immigration Lawyers Association (AILA), traveled to Washington, D.C. this month to attend the National Day of Action. There he met with all the Colorado members of Congress to discuss the immediate need for comprehensive immigration reform. The National Day of Action allows immigration lawyers to speak with members of Congress and their staff about the problems plaguing our immigration system so that they can be more effective in crafting, promoting, and supporting legislative solutions. Hundreds of AILA members went to D.C. for this event, veterans and first-times alike. Joseph Law Firm, P.C. will keep you updated with immigration news, including updates on comprehensive immigration reform, through our newsletters, Blog and website.
_____________________________________________________________________________________________ USCIS Announces $1.2 Million Citizenship Grant Program March, 2009 U.S. Citizenship and Immigration Services (USCIS) announced today that a competitive grant program is being offered through Grants.gove for a $1.2 million grant program to support citizenship preparation programs for legal permanent residents. USCIS, through the competitive grant program, will provide funding to community-based organizations (CBOs) that serve one or more priority immigrant groups in areas of the United States that contain a large representation of the country's immigrant population. To be eligible for funding, CBOs must have demonstrated experience in providing citizenship and/or immigration related services to legal immigrants. If your organization intends to apply for funding under this program, please send an e-mail to citizenshipgrantprogram@dhs.gov by April 15, 2009. To apply for this funding opportunity, visit the Grants.gov web site at : http://www.grants.gov. _____________________________________________________________________________________________ U.S. Department of Labor Proposes to Suspend H-2A Rule March, 2009 The U.S. Department of Labor's Employment and Training Administration (ETA) announced the proposed suspension for nine months of a final rule implementing changes to the H-2A program, which allows U.S. agricultural business to employ foreign workers in temporary or seasonal agricultural jobs. The H-2A nonimmigrant program is designed to provide agricultural businesses with short-term foreign agricultural labor when there are not enough domestic workers. Receiving an H-2A labor certification is the first step in the employment based immigration process to work on a farm. The Labor Department's Office of Foreign Labor Certification will continue to accept and process H-2A applications during the proposed suspension period. Any final action on the proposed suspension will appear in a future Federal Register notice. _____________________________________________________________________________________________ USCBP announces they they are accepting applications for the Global Entry Pilot Program for Frequent International Travelers 5/12/2008 U.S. Customs and Border Protection has begun processing applications for the Global Entry Pilot Program designed to expedite the screening and processing of low-risk, frequent international travelers entering the United States. The program will be implemented on June 10th at John F. Kennedy International Airport in New York, George Bush intercontinental Airport in Houston and Washington Dulles International Airport. The program will be available to U.S. citizens and lawful permanent residents who are frequent international travelers, provided they have not been found guilty of a criminal offense, charged with a customs or immigration offense, or declared inadmissible to the United States under immigration regulations. Biometric fingerprint technology will be used to verify the passenger's identity and confirm his or her status as a Global Entry participant. Applications for enrollment are available through the Global On-Line Enrollment System (GOES). The application process consists of three steps:
Upon returning from international travel, Global Entry travelers may by-pass the regular passport control line and proceed directly to the Global Entry kiosk. The Global Entry traveler will activate the system by inserting his or her passport or permanent resident card into the reader. The traveler will then provide a digital, electronic fingerprint and the system will compare the biometric data with the fingerprint biometrics on-file. A digital photograph will also be taken as part of the transaction record. The traveler will be prompted to answer several CBP declaration questions posted on the touchscreen and will then be issued a receipt which must be presented to a CBP officer when the participant leaves the customs area. For more information, visit the Global Entry Program website: Global Entry FAQs ______________________________________________________________________________________________ 5/7/2008 USCIS announces proposed rule to extend TN validity period from one year to three years USCIS released an advance copy of a proposed rule to extend the period of admission and extension of stay for TN nonimmigrants. The rule proposes to increase the maximum allowable period of admission, and extensions of stay, from one to three years. For more information, click here: TN proposed rule . _____________________________________________________________________________________________ 4/8/2008 USCIS announces that it has sufficient H-1B visa petitions in the pipeline to reach the visa cap for both regular petitions and "Master's Cap" petitions for fiscal year 2009. USCIS announced that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2009. The cap has been reached in both the regular H-1B category in which 65,000 visas are available, as well as the advanced degree exception category in which 20,000 are available. This means that no additional, general, cap-subject H-1B petitions for temporary professional workers can be filed until April 1, 2009, absent a legislative fix. Because the cap has been reached and more cases were filed on the first day of visa availability that there are visas available, all petitions filed on that date will be subjected to a computer-generated random selection lottery process. USCIS will first complete data entry for all filings received during the filing period that ended on April 7, 2008. According to its March rules, the selection process for "advanced degree" exemption petitions will be run first, and all "advanced degree" petitions not selected will be part of the random selection process for the 65,000 general category limit.
For more information regarding H-1B visas click here: H-1B visas _____________________________________________________________________________________________ 4/4/2008 DHS proposes a rule to extend Optional Practical Training for certain F-1 students from 12 months to 29 months The Department of Homeland Security issued an interim rule which will allow for the extension of post-graduation optional practical training (OPT) employment authorization for many F-1 students. The interim rule expands the maximum period of available OPT from 12 months to 29 months for F-1 students who have earned a bachelor's degree or higher in a science, technology, engineering, or mathematics (STEM) field in the U.S. To be eligible for this additional period, the STEM degree for which the F-1 student has obtained his or her OPT must have been in one of the degree programs on the current STEM Designated Degree Program List, and the student must be employed by an organization which is enrolled in DHS' "E-Verify" program.
The rule also eliminates the "cap-gap" problem for individuals whose F-1 optional practical training expires after he or she files for a change of status to H-1B, but prior to the October 1st start date for the H-1B petition (which is the date the H-1B visas are actually released and available). Under the rule, F-1 status and OPT work authorization is extended until October 1st for all individuals who are the beneficiaries of pending or approved cap-subject H-1B petitions and who have requested a change of status from F-1 to H-1B but whose H-1B start date does not begin until October 1 when the fiscal year begins and H-1B numbers are available. This avoids a gap in authorized stay and continuous employment. The automatic extension of F-1 and OPT status only applies to individuals who have applied for adjudication under the H-1B cap. Thus, individuals who are not beneficiaries of approved or pending H-1B petitions may not avail themselves of this benefit. One of the issues that has arisen with the proposed rule is the requirement in the rule that the employer must have requested a "change of status" in the petition rather than consular notification. This issue has been raised at a national level and is currently under discussions. It may be possible that there will be some sort of fix to this issue or the allowance for amendments to currently pending petitions. The automatic extension also terminates immediately if the H-1B is rejected, denied or revoked.
In addition to the above, the final rule provides that F-1 students may now apply for OPT during the 60-day grace period following the completion of their studies. Further, the rule limits the time in which an F-1 student may be unemployed during the validity of their OPT. F-1 students who have been approved for a 12-month OPT now fall out of status if they are unemployed for an aggregate period exceeding 90 days during their OPT time. Students who have been approved for a total period of 29 months of OPT fall out of status if they have an aggregate period of unemployment of more than 120 days during the OPT validity. For more on F-1 student visas click here: F-1 Student Visas _____________________________________________________________________________________________ |
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