Posted on January 24, 2021 by sethlerner1964
In response to a December 23, 2020, district court order in United Farm Workers, et al. v. DOL, et. al. that enjoined DOL from implementing the DOL final rule on Adverse Effect Wage Rate (AEWR) methodology for non-range H-2As, DOL’s Office of Foreign Labor Certification (OFLC) announced that H-2A job orders filed on or after December 21, 2020, must use the AEWRs in effect on December 20, 2020.
https://californiaimmigration.us/?s=nonimmigrant+visa
https://cbocalbos.wordpress.com/tag/us-embassy-in-mexico-city-on-the-new-nonimmigrant-visa-procedures/
https://cbocalbos.wordpress.com/tag/nonimmigrant-visa-application/
https://cbocalbos.wordpress.com/tag/nonimmigrant-visa/
Filed under: Nonimmigrant Visa | Tagged: H-2A, h2a, Prevailing Wage, Work Permit | Leave a comment »
Posted on January 14, 2021 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS published a notice of the 81 countries whose nationals are eligible to participate in the H-2A program and the 80 countries whose nationals are eligible to participate in the H-2B program. The designations are effective January 19, 2021, and shall be without effect after January 18, 2022. Changes include adding the Philippines to the list of countries eligible to participate in the H-2B program, no longer designating the Independent State of Samoa and Tonga as eligible countries for the H-2A and H-2B programs, and no longer designating Mongolia as an eligible country for the H-2A program.
Filed under: DHS advance copy of a notice on the identification of foreign countriesin the H-2A and the H-2B nonimmigrant worker programs, Uncategorized | Tagged: H-2A, H-2B, h2a, h2b, Work Permit | Leave a comment »
Posted on September 16, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In case you missed it, the law firm Porter Wright Morris & Arthur LLP recently filed a lawsuit on behalf of its client and a class of 75,000 workers approved to work in the United States but awaiting production of their employment authorization document (EAD). The settlement includes benchmarks for the production of the EADs and provides a mechanism to allow workers to work legally until the EAD cards can be produced by allowing employees to use Form I-797, Notice of Action, with a Notice date on or after December 1, 2019, through and including August 20, 2020, informing an applicant of approval of a Form I-765 as a Form I-9 List C #7 document. The backlog in the issuance of EADs is expected to be eliminated by the end of September.
Filed under: best deportation attorney | Tagged: ead backing, ead lawsuit, Work Permit | Leave a comment »
Posted on August 12, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Reuters reports that U.S. tech firms including Amazon and Facebook filed an amicus brief yesterday backing a challenge to President Trump’s temporary ban on the entry of certain foreign workers. In the brief, filed in a lawsuit brought in California by major U.S. business associations, the companies argued the visa restrictions would hurt American businesses, lead employers to hire workers outside the United States, and further damage the struggling U.S. economy.
Filed under: best deportation attorney | Tagged: amazon, facebook, foreign worker restriction, trump, Work Permit | Leave a comment »
Posted on June 29, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Today, USCIS published a final rule making multiple changes to the regulations governing asylum applications and eligibility for employment authorization based on a pending asylum application. The rule is effective on August 25, 2020. On the Immigration Impact blog, the American Immigration Council’s Aaron Reichlin-Melnick writes that the rule “will strip most asylum seekers of the right to seek work authorization” and that, in response to concerns that the rule would force many into desperate straits, DHS suggested that asylum seekers become familiar with state homelessness resources.
Filed under: best deportation attorney | Tagged: asylum, DHS, new asylum regulations, USCIS, Work Permit | Leave a comment »
Posted on February 20, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on November 19, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced a proposed rule that would deny work authorization to asylum seekers who entered the U.S. outside of a port of entry. The proposed rule also seeks to automatically end work authorization for asylum seekers whose application is denied and administratively final. Additionally, all asylum seekers who did not file asylum applications within 1 year of their last entry into the U.S. are ineligible for work authorization. The rule also clarifies that if an asylum seeker fails to appear for their appointment, their asylum application or work authorization can be denied. Last, any asylum seeker who was convicted of a felony or certain public safety offenses is ineligible for work authorization. The rule also gives discretion to officers to deny employment authorization for “unresolved arrests or pending charges.” The proposed rule has been published in the Federal Register and is open for comment until January 13, 2020.
Filed under: best deportation attorney | Tagged: asylum, Work Permit, Work Visa | Leave a comment »
Posted on April 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Buzzfeed News reports that USCIS officials plan to propose a regulation that would double the time individuals who apply for asylum must wait before qualifying for a work permit, from 180 to 365 days. The proposal, which is not yet finalized, would apply to both affirmative asylum seekers who apply while already in the United States and to those who apply for asylum after crossing the border and being referred to immigration court.
Filed under: best deportation attorney | Tagged: asylum, trump, Work Permit | Leave a comment »
Posted on January 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DOL posted an update on H‑2B processing, including information on how date and time stamps were assigned and why some users continued to see an outage banner after the iCERT system was restored on January 7, 2019.
Filed under: best deportation attorney | Tagged: department of labor, DOL, H-2B, h2b, Work Permit | Leave a comment »
Posted on December 3, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS announced a proposed rule that would create a registration requirement for cap-subject H‑1B petitions and change the rules so that the 65,000 “regular” lottery is run first, followed by the 20,000 “master’s” lottery.
Filed under: best deportation attorney | Tagged: cap, H-1B, h1b, h1b lottery, Work Permit | Leave a comment »
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