Archives for November 2010

On November 23, 2010 US Citizenship and Immigration Services (USCIS) not only raised filing fees for some applications, lowered them in others, and instituted some new fees. It also issued several new and revised forms as follows: Revised Form I129 for H-1B, H-2A, H-2B, H-2C, H-3, E-1/E-2, E-3, L-1, O, P, Q, R and TN nonimmigrant temporary workers: The general form has changed as well as the visa specific supplemental forms. (See an earlier posting, "Revised H-1B Form and Increased Fees … [Read more...]

A new I129 Form will be introduced and published on November 23, 2010, the same date the filing fees increase from $320 to $325.00 for the base fee, and from $1000 to $1225.00 if premium expedited processing is requested. The form is used for several non-immigrant categories including E-1/E2, E-3, H-1B, H-2A, H-2B, the expired H-2C registered nurse, H-3, L-1, O, P, Q, R and TN. On top of the base fee for each of these categories there are fraud and training fees that vary by category, employer … [Read more...]

On November 23, 2010, the filing fees for many U.S. Citizenship and Immigration Services (USCIS) forms go up on average 10%. USCIS published a detailed schedule. Applications filed with the old fees must be RECEIVED by Monday, November 22, 2010, which means they need to be express mailed by Friday, November 19. Some applications did not have a fee increase, such as the N400 for naturalization, but the biometrics fee that is filed with the N400 and with many other forms increased from $80 to … [Read more...]

"'Friendly Manitoba' Craves Immigrants'", reports the Seattle Times in a November 13, 2010 article. Our Canadian neighbor appreciates the benefits of immigration so differently than in this country, where anti-immigrant fervor gets louder every day, especially as high unemployment rates remain static. Yet how could the discussion of immigration be so different in our two countries? In the U.S., immigrant rights groups are bracing for the new Congress to step up enforcement-only, anti-immigrant … [Read more...]

In a very important 9th Circuit Court of Appeals decision, Dent v. Holder, No. 09-71987, November 9, 2010, the Court held that Mr. Dent was entitled to his immigration files in order to have a full and fair hearing under the Due Process Clause of the 5th Amendment to the U.S. Constitution. Mr. Dent represented himself in an Immigration Court Proceedings. He was charged with being deportable because of an aggravated felony. However, he alleged that he had been adopted by a U.S. Citizen when he … [Read more...]

Immigration enforcement legislation creates problems for U.S. citizens as well as for immigrants. Over the last few years, we have seen growth in our American citizen clientele because of new federal and state documentation burdens enacted under the guise of national security or to combat illegal immigration. The most common refrain we hear is: "I grew up in the U.S. I always thought I was an American but never had anything to show for it and I never needed the proof until now." Ironically, we … [Read more...]

It still surprises me 24 years after enactment, how many employers still don't know about their I-9 obligations under the Immigration Reform and Control Act (IRCA) of 1986. Since then, employers are required to complete Form I-9s documenting the work permission status of employees hired after November 6, 1986, including U.S. citizens. Even among employers who know of their I-9 obligations, many still do not fully understand the scope of the I-9 process and record keeping requirements; nor the … [Read more...]

As part of its efforts to be more transparent and engage the public, U.S. Citizenship and Immigration Services (USCIS) held a stakeholders meeting this week about making changes to the Form I-9 or the Employment Eligibility Verification form. Form I-9 is required to be used by all employers to document the work permission status of new hires. This has been the law since 1986. But, what should be a simple to use one-page form, continues to confound employers who are increasingly being warned, … [Read more...]

The Ninth Circuit Court of Appeal heard oral argument today in USA v. Arizona, which was broadcast live on C-SPAN.   https://www.youtube.com/watch?v=ClSk_OrHSIM   The three judge panel consisted of Judge Richard A. Paez, Judge Carlos T. Bea and Judge John T. Noonan, Jr. Representing the State of Arizona and Governor Jan Brewer was John J. Bouma. Representing the U.S. was U.S. Deputy Solicitor General Edwin Kneedler. Arizona Governor Jan Brewer was also present. There were protests and … [Read more...]