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Hackensack NJ Immigration & Naturalization Law Blog

THE DOL SPECIFIES NEW GUIDELINES ABOUT DISCLOSING FAMILIAL RELATIONSHIPS WHEN PREPARING THE PERM LABOR CERTIFICATION FORM.

Using the Program Electronic Review Management (PERM) Labor Certification Process is the most common ways for a prospective employer and prospective employee to obtain the employment-based Green Card in the U.S. Since the case is not pre-certified, the employer and the employee have to submit a Labor Certification Application on Form 9089 to the U.S. Department of Labor (DOL). Once it is established that there are no "able willing and qualified U.S. workers" who can take the position then PERM application can be approved.

How Far Can The President Go To Overhaul The U.S. Immigration System Without The Blessing of Congress? By: Michael Phulwani, Esq., David H. Nachman, Esq., and Rabindra K. Singh, Esq.

President Obama reiterated his commitment to immigration reform and reproached the House Republicans for their unwillingness to confront this important issue. Potentially, the combination of four factors ─ Pressure from the immigration advocates that the President has done little on the immigration issue; Speaker John Boehner's statement that the House would not vote on immigration legislation this year; the surge of children crossing the southern border (mostly from Mexico and Central American countries of El Salvador, Guatemala, and Honduras); and strategic positioning for the upcoming midterm elections ─ have all led to this recent announcement.

BORDER CROSSINGS BY UNACCOMPANIED MINORS PROVIDE UNPRECEDENTED DUE PROCESS CHALLENGES FOR THE U.S.

As the numbers of unaccompanied minors and mothers with children crossing our southern border grows, the U.S. government faces a critical test of its historic commitment to protect those fleeing violence and persecution. How the U.S. responds will signal to the world whether the U.S. commitment to due process and the protection of refugees is real or illusory, and it could have a profound effect on how other countries around the world respond to a call to deal fairly and humanely to refugee crises throughout the world.

U.S. SUPREME COURT DELIVERS BAD NEWS TO MANY FAMILIES IN CASE THAT LENGTHENS THE CUE FOR AGED-OUT CHILDREN

In Scialabba v. Cuellar de Osorio, a heavily-divided U.S. Supreme Court ruled against thousands of aspiring young immigrants who were included on their parents' visa petitions as minors, but who turned 21-known as "aging-out" before visas became available. Aging-out is tantamount to someone losing his place in the visa line with his parents. In the case, the majority ruled despite having waited his turn in line, the mere fact that the child aged-out means that his time was lost and the case could not be converted into a more appropriate visa category.

New Guidelines for Intra-Company Transferees - Canada Immigration

On June 9, 2014, government of Canada (CIC) published a new guide for officers assessing work permit applications for Intra-Company Transferees (ICTs) under the Specialized Knowledge category, with a Labour Market Opinion (LMO) Exemption. The new criteria will now include a more stringent definition of "specialized knowledge" and a mandatory wage requirement. Individuals covered under the North American Free Trade Agreement (NAFTA) or under any future or current Free Trade Agreements (FTAs) appear to be exempt from these changes.

U.S. & CANADIAN IMMIGRATION LAW UPDATE: CSPA, Renewal of DACA, CIR, NAFTA, TN Applications at the POE.

In Scialabba v. Cuellar de Osorio, a heavily-divided U.S. Supreme Court ruled against thousands of aspiring young immigrants who were included on their parents' visa petitions as minors, but who turned 21-known as "aging-out" before visas became available. Aging-out is tantamount to someone losing his place in the visa line with his parents. In the case, the majority ruled despite having waited his turn in line, the mere fact that the child aged-out means that his time was lost and the case could not be converted into a more appropriate visa category.

"DEFINING PARTNERSHIP OF 21ST CENTURY": E VISA POSSIBILITY FOR INDIAN CITIZENS? By: Michael Phulwani, Esq., David Nachman, Esq. and Rabindra K. Singh, Esq.

On June 5, 2014, it was announced that India's new Prime Minister, Narendra Modi, will have a bilateral meeting with the U.S. President Barack Obama in the last week of September this year. Among other things, it is a great opportunity for both leaders to discuss the long pending Bilateral Investment Treaty (BIT) between both the countries.

U.S. IMMIGRATION REGULATORY AND REFORM UPDATE

First, as many of our readers already know, a long-pending regulation has finally made it to the Federal Register. Soon, certain H-4 spouses will be able to work in the U.S. Other regulations have been published in the Federal Register to conform certain highly-technical legal nuances to "reality". Additionally, we are pleased about the liberalization of the rules of evidence for EB-1(2), Outstanding Researcher and Professor cases. Also, in an attempt to conform an obsolete and highly-technical rule to reality, H-1B1 and E-3 extension filings will be afforded an additional 240 days of work authorization while the extension applications are pending with the USCIS. Also, there was a new policy promulgated with regard to the submission of medical reports to the USCIS. Medical reports from the Civil Surgeon will be valid for one year from being signed and for one year after submission.

NAFTA Applications at the Border - By: Arifa Serter, Legal Intern at CLG

The North American Free Trade Agreement, otherwise known as "NAFTA," is a treaty which allows Americans, Canadians, and Mexicans to work temporarily in one of these three countries for certain jobs or occupations listed under NAFTA. Going into the U.S.A., a person applies to secure what is called a "TN visa." The equivalent visa on the Canadian side is more commonly referred to as a "Work Permit under NAFTA."

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