| Contents | Vol. 4, No. 11,
June 1, 2010 |
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We maintain copies of all previous ImmInfo Newsletters in our Archives section. For information about what our firm can do for you, please click here.
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| New decisions slam the CIS for improper rule making |
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The CIS continues to suffer setbacks to their policy of illegal rule making. Federal law requires administrative agencies to go through formal "notice and comment" rule making procedures. This is a lengthy process, designed to ensure that agencies do not overstep their authority and that the rules they promulgate are lawful and reasonably easy to understand. Because this process involves careful thought and preparation, the CIS avoids it whenever possible. |
| To read the full article, click here |
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| CIR Update (May 15, 2010) |
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We have been providing bi-weekly updates on the progress of the proposed CIR legislation. This will be our last such update unless there is a significant development. As things stand today, CIR is essentially dead. |
| To read the full article, click here |
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| H1B filing rush update |
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The CIS continues to accept new H1B petitions filed under the fiscal year 2011 quota. Employment under this quota may not begin earlier than October 1, 2010 though petitions may be filed as early as 180 days prior to the proposed start date for the new job. |
| To read the full article, click here |
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| Case Study: AOS denied due to H1B violations after filing for AOS |
| In recent months, the CIS has been going back and re-examining pending adjustment of status applications for evidence of unauthorized employment. For purposes of this case study, we will examine the facts of the application for adjustment of status that is pending on behalf of Bill, an employment based EB2 applicant who has continued to hold H1B status since filing his I-485. Bill worked in the United States in H1B status for three years before filing for adjustment of status. After he filed for adjustment of status, he elected to continue to maintain H1B status. |
| To read the full article, click here |
| PERM Update | |||
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The PERM news remains, for the most part good. The only bad news is that the 60 day delay for prevailing wage determinations appears to be permanent. The really good news is that regular PERM processing has been reduced to an average of six months. |
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To read the full article,
click here |
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