Category: Immigration News

The Board of Alien Labor Certification Appeals (BALCA) agreed with the certifying officer that the labor certification application for the CEO of a closely held company should be denied, handing down another blow to the concept of the immigrant entrepreneur (Immipreneur). BALCA relied heavily on its previous decision in Modular Container Systems to affirm the CO’s finding that “Where the employer […]

The Department of Homeland Security (DHS) will allow Haitian F-1 students who were in the United States on January 12, 2010 to apply for work permits. The DHS previously issued Temporary Protected Status (TPS) to Haitians in response to the devastating earthquake.  Haitian nationals holding F-1 nonimmigrant status or any other type of status should consider consulting with a competent attorney […]

Office of Immigration Litigation publishes Immigration Consequences of Criminal Convictions in response to Supreme Court decision in Padilla vs. Kentucky. I disagree with some of their analysis on exceptions and waivers including the one for drug possession crimes and crimes of violence aggravated felonies, to name a few.  Nonetheless, it is very instructive for the non-immigration litigator. “In view of the Supreme Court’s […]

H-1B Cap Count (for Fiscal Year 2011) as of September 3, 2010 Cap Type Cap Amount Cap Eligible Petitions Petition Target Date of Last Count H-1B Regular Cap 65,000 36,600 9/3/2010 H-1B Master’s Exemption 20,000 13,400 9/3/2010 Ricky Malik, Esq. greencard@mail.com

On August 13, 2010, President Obama signed into law Public Law 111-230 which contains provisions that require petitioners to pay an additional $2,000 for certain H-1B petitions and an additional $2,250 for certain L-1 petitions. The H-1B fee increase applies to companies who employ 50 or more employees in the U.S., and if more than 50% of those employees are in H-1B or […]

Visa Bulletin for October 2010. CLICK HERE. Ricky Malik, Esq. greencard@mail.com

A memo circulated entitled Administrative Alternatives to Comprehensive Immigration Reform.  It is not yet official and it is unclear how it was leaked but it is indicative of the direction of some within ICE/USCIS.  This memo along with the recent John Morton memo brings some hope that ICE and USCIS will consider taking fair and just action.  However, there seems to […]

In a really bad move, Virginia Governor Bob McDonnel announced that foreign nationals with legal work permits, that is people with legal status in the United States, can no longer obtain a VA driver’s license with their work permits alone.  This makes it nearly impossible for countless thousands to obtain driver’s licenses. The VA DMV now wants an I-797 (receipt […]

The John Morton Memo of August 20, 2010 on terminating removal proceedings for aliens with pending or approved applications or petitions. A welcome directive from ICE Assistant Secretary John Morton. Ricky Malik, Esq.

Now that USCIS has the uniform denial language, we look forward to the uniform approval language memorandum which hopefully will be forthcoming. Ricky Malik, Esq.