In Matter of Matter of Garcia, 25 I&N Dec. 332 (2010), the BIA held that “A conviction for a single crime involving moral turpitude that qualifies as a petty offense is not for an “offense referred to in section 212(a)(2)” of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2) (2006), for purposes of triggering the “stop-time” rule in section 240A(d)(1) of […]
On September 22, 2010, Attorney Ricky Malik attended a dinner sponsored by the American Immigration Lawyers Association hosting Charlie Oppenheim, Chief of the Immigrant Visa Control and Reporting Division, Bureau of Consular Affairs at the State Department. Mr. Oppenheim is responsible for publishing the monthly visa bulletin that informs millions of people around if their priority dates are current. Mr. Oppenhiem was very insightful […]
United States Citizenship and Immigration Services (USCIS) announced its new fee schedule. A Few Notable Increases: I-90 Green card replacement: $365 (up from $290) I-130 Family Petition: $420 (up from 355) I-140 Employment Petition: […]
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 […]
The Board of Immigration Appeals (BIA) in Matter of Garcia-Garcia, 25 I&N Dec. 93 (BIA 2009) held that an Immigration Judge can review and consider whether to modify the conditions of release imposed upon a foreign national by DHS ICE. This means that if Immigration and Customs Enforcement gives a foreign national the option of paying a bond to be released and/or […]
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 […]
The BIA addressed convictions for solicitating a prostitute in Matter of GONZALEZ-ZOQUIAPAN , 24 I&N Dec. 549 (BIA 2008) and found that: A single act of soliciting prostitution on one’s own behalf does not fall within section 212(a)(2)(D)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2)(D)(ii) (2006), which provides for the inadmissibility of an alien who “procured . . . prostitutes […]
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 […]
