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BUSINESS IMIGRATATION NEWS

Department of Labor Reports Stakeholders Seeking Foreign Professional Talent

Implied Departure- false perception denies certain applicants right to adjust status

How Special Are H-1B Specialty Occupation Nurses?

 

HUMAN RIGHTS NEWS

President Obama Waffles on Issuing His Promised Executive Order To Halt Deportations.

Immigration courts are backlogged, but not for juvenile cases.

Franchising Artesia- The wrongful imprisonment of refugee women and children comes to Karnes and Dilley, Texas

Temporary Protected Status extended for Nationals of Sudan

 
Sep 27, 2014
JEGLAW LTD - NEWSLETTER

WELCOME! JEGLAW LTD, directed by Jon Eric Garde, Esq., is professionally acknowledged as a leading immigration and nationality law office in the State of Nevada. JEGLAW LTD is a comprehensive immigration & nationality law practice and is prepared to address all citizenship applications, investment based procedures, family based and employment based procedures, removal defenses, asylum and related applications, and immigration related federal litigation. JEGLAW LTD is a client centered immigration and nationality law practice providing our clients with unmatched personal concern. Please enjoy this newsletter as our gift to you to keep up with the ever changing and dynamic field of Immigration and Nationality Law. With over 22 years of experience behind us, our pleasure and honor is to serve you!

BUSINESS IMIGRATATION NEWS

H-3 non-immigrant visas may provide qualified corporations international business solutions to train workers for overseas business.

Not every kind of lawful status comes with a training manual, but an H-3 non-immigrant visa requires such a manual to fully explain a training program to a foreign born trainee applicant.  An H-3 visa is a training visa for those who are trying to obtain training in the US that is not available in their country of origin, where such training to further the trainee’s career in their home country.  The company providing the training sends their student home to create new international business relationships.  For more information on this topic please follow this link: http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume2-PartJ.html

Department of Labor Reports Stakeholders Seeking Foreign Professional Talent

If you are interested in knowing the kinds of foreign professionals who require screening by the Department of Labor in order to prevent displacement of American Workers, the attached statistical report provides the big picture.  This report deals with immigrants, H-1B professional non-immigrants, and H-2A and H-2B temporary and seasonal agricultural and non-agricultural workers.  Take a look: http://www.aila.org/content/default.aspx?docid=50077&utm_source=Recent%20Postings%20Alert&utm_medium=Email&utm_campaign=RP%20Hourly

Implied Departure- false perception denies certain applicants right to adjust status

“Implied departure” is a concept not found in federal statutes or regulations, but has been mistakenly finding that a non-citizen, who purchased and entered the US using a pre-paid round trip ticket, actually departed.  This is important because applications to change non-immigrant status or to adjust to permanent resident status will be denied if the applicant departs prior to the application being decided.  Thus, a non-citizen applying for a change of status or an adjustment of status, who purchases an unused airline ticket to a different country, alerts the US CIS, causing the denial of the application, even if the buyer doesn’t use the ticket. Whether or not the applicant uses the ticket is in a deeper level of the USCIS system and most USCIS employees are not trained to look deeper into the system. This is an issue that is being worked on by the American Immigration Lawyers’ Association, AILA, and the USCIS.  A remedy is foreseeable.

How Special Are H-1B Specialty Occupation Nurses?

How special does a specialty occupation have to be? This question has been answered by the USCIS in describing what kinds of nurses fit into the definition of “Specialty Occupation.” A specialty occupation is a term created by Congress within the Immigration Act of 1990, and is defined as an occupation that requires a bachelor’s degree or its equivalent as an entry level requirement. An applicant for H-1B non-immigrant status must be applying to work for a petitioning employer to perform a specialty occupation.  According to government observations, not all registered nursing positions meet this definition.

This memorandum is perceived by AILA to be more restrictive than governing federal statutes and regulations, yet, the hiring hospital or medical facility is wise to keep in mind the standards set forth by the USCIS.  To read and understand the CIS memorandum setting forth these standards, please see the attached link:
http://www.uscis.gov/sites/default/files/files/nativedocuments/Adjudication_Policy_Memo_Nurse_7_11_2014_0.pdf

 
HUMAN RIGHTS NEWS

President Obama Waffles on Issuing His Promised Executive Order To Halt Deportations.

After an earlier promise to issue an administrative order at the end of this summer which would provide relief for persons and families risking deportation, the Obama administration announced early this month that an administrative order implementing immigration reform would wait until after the November midterm elections. Many Democratic candidates in tight races are concerned that a sweeping action to prevent the deportation of undocumented immigrants could negatively impact their races and return control of the Senate back to the Republicans. However there are still many arguments in favor of Obama stepping in, causing a divide among Democratic legislators, as well as Republicans, most of which do not approve of an executive order on this subject.  To read about President Obama’s position and other arguments made for and against this action, check out these links:
http://www.nytimes.com/2014/09/10/opinion/another-broken-promise-on-immigration.html?_r=3
http://www.huffingtonpost.com/2014/08/29/white-house-deportations_n_5737416.html?1409334681
http://www.latimes.com/nation/nationnow/la-na-nn-obama-immigration-policy-20140829-story.html
http://www.foxnews.com/politics/2014/08/31/obama-under-pressure-to-delay-immigration-action-until-after-midterms/

Immigration courts are backlogged, but not for juvenile cases.

Immigration court backlogs extend to two to three years for a case to be heard by the shortage of immigration judges hired to hear nearly 400,000 waiting cases in cities like Los Angeles, Houston, New York and Miami, with half the cases in New York, California and Texas.  Yet, judges are being rerouted to facilitating the “rocket docket” afforded to child arrivals to the United States, smuggled at a high price by the same gangs that forcibly recruit them and persecute them for resisting.  To get a full list of wait times and back log trends follow this link: http://trac.syr.edu/whatsnew/email.140905.html

After his 2012 electoral success with Hispanic voters, President Obama takes his present stance before the Hispanic Caucus.

Immigrant and human rights activists are challenged to make sense of the President Obama’s stance with refugee women and children at the Border.  Accordingly, President Obama will be explaining his position before the Hispanic Caucus this coming October 2, 2014. To read more about his, see the following link: http://thehill.com/blogs/blog-briefing-room/218833-after-immigration-punt-obama-to-make-case-to-hispanic-caucus

Franchising Artesia- The wrongful imprisonment of refugee women and children comes to Karnes and Dilley, Texas

With President’s message that no visas await Central American Refugee children and woman upon arrival at the United States, expedited processing has been described by many immigration and human rights activists as a gross violation due process and international humanitarian law as adopted and incorporated into United States asylum and immigration law.  A makeshift detention center rapidly constructed in the remote desert of Artesia, New Mexico is serving as a model for two more facilities in remote small Texas towns, Karnes and Dilley.  The following links provide more information. 

Concerning Artesia, see:
http://www.detentionwatchnetwork.org/sites/detentionwatchnetwork.org/files/expose_close_-_artesia_family_residential_center_nm_2014.pdf ;
Concerning Karnes, see:
http://latino.foxnews.com/latino/news/slideshow/2014/06/18/thousands-kids-from-central-america-await-in-hellish-limbo-in-arizona/?intcmp=related#slide=1
Concerning Dilley, see:
http://www.msnbc.com/msnbc/feds-green-light-huge-immigrant-family-detention-center-texas

Temporary Protected Status extended for Nationals of Sudan

Temporary protected status is provided to persons in the United States from nations undergoing national catastrophe or military upheaval, up designation by the US Sect. of Homeland Security that return of these persons will pose for them undue danger and would further destabilize an already unstable national circumstance.  Due to ongoing conflict in Sudan, Secretary of Homeland Security, Jeh Johnson, has extended Temporary Protected Status (TPS) for eligible nationals of Sudan for an additional 18 months. There will be a sixty day grace period where all eligible beneficiaries will need to re-register with USCIS. The Extension also allows the beneficiaries to apply for Employment Authorization Document, (EAD). To see affected dates please follow this link:
http://www.uscis.gov/news/dhs-announces-18-month-extension-temporary-protected-status-sudan