Aug

20

What if my NTA was never issued?

August 20, 2009 | Leave a Comment

This is an actual question I received via e-mail:
“Is there an expiry date allowing relief if there has never been issued an NTA? My example is where, after a statement at a port of entry was given and a temporary green card with a one year validity was issued, an NTA was never received and [...]

Aug

20

Appeals Court holds that employer not responsible for visa fees and expenses

August 20, 2009 | Leave a Comment

In the convoluted world of H-1B non-agricultural temporary worker processing, this case stood out as a good example of the seamier side of hiring foreign workers. In Castellanos-Contreras, et al v. Decatur Hotels, LLC, Fifth Circuit case #07-30942 (July 21, 2009), the court ruled on a complaint filed by Castellanos-Contreras and two others that [...]

Aug

20

DHS and DOL step up audits of H-1B and Labor Cert Sponsors

August 20, 2009 | Leave a Comment

Fueled by the $500.00 per case “H-1B Fraud Fee” paid by employers for every new H-1B application for a new employee, the DHS has instituted significant additional review programs of H-1B employer sponsors. According to the DHS, over 600 employers nationwide are being audited. The Office of Fraud Detention and National Security estimated [...]

Aug

20

Obama Administration Policy: Enforcement before Reform

August 20, 2009 | Leave a Comment

Speaking recently, Janet Napolitano, President Obama’s Secretary of Homeland Security indicated that without question the administration’s policy was going to be that of expanding immigration enforcement, especially against businesses. This comes on the heels of another declaration that H-1B visa sponsors are being audited in much larger numbers, thanks to the additional $500.00 H-1B [...]