On November 19, 2009, at a program titled “2009 Government and Employers: Working Together to Ensure a Legal Workforce,” USCIS’ Fraud Detection and National Security (FDNS) office’s Chief of Staff, Ronald Atkinson, clarified the three types of employer site visits/inspection programs currently being conducted.  The following types of employer site visits/inspections programs are funded through [...]

After a twenty-two year long ban, President Obama has lifted the ban that kept those who have HIV from traveling and immigrating to the United States.  The final rule, published November 2, 2009 will become effective January 1, 2010.�
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A ban on travel and immigration to the U.S. by individuals with HIV, the virus that [...]

Among immigration lawyers, 2009 will be known as the year of “un-cappable” H-1B visas.
What is an H-1B nonimmigrant visa?
H-1B nonimmigrant visas allow U.S. employers to temporarily (up to six years) employ foreign workers in what USCIS calls “specialty occupations.” The regulations define a “specialty occupation” as requiring theoretical and practical application of a body of [...]

According to the Associated Press, a federal indictment was unsealed last week that names a Salt Lake City law firm, three attorneys, and five other employees, alleging visa fraud and alien smuggling.  Allegedly the majority of 700 visa petitions (resulting in over 5,000 visas) filed by the Alcala Law Firm were fraudulent.�
The alleged conspiracy involved [...]

Currently, the 1996 Defense of Marriage Act prevents immigration officials (USCIS) from recognizing gay marriages, even from states or countries where they are now legal. This is true of nonimmigrant visas, permanent residency, naturalization, many waivers, and defenses to removal.
For example, current law allows opposite-sex spouses of nonimmigrant visa holders (such as an H-1B or [...]

It’s my job to watch the changes in immigration compliance rules. That’s part of what I do as a North Carolina lawyer. Mandatory use of the controversial employment eligibility tool, E-Verify, has been delayed for six weeks, the Department of Homeland Security announced. E-Verify, an internet-based system that allows employers to electronically verify the employment eligibility of newly [...]