Applying for a H-1b, L, or O visa for a professional foreign worker has become more difficult with the USCIS’ requirement of verifying whether a license is needed for the foreign employee to be permitted to be exposed to certain restricted technologies, software, materials, research, and equipment. This article provides a helpful analysis of the steps and factors to be considered in making this evaluation in order to protect both the employer and employee from substantial penalties for non-compliance.
A lawyer advising a non-citizen client in a criminal matter has an added duty: to advise the client of the immigration consequences, if any, of a criminal conviction. Failure to advise that results in a deportable consequence or some other immigration detriment, such as inability to naturalize or exclusion, could be the grounds for a claim of ineffective assistance of counsel under Padilla that could result in the underlying conviction being reopened and vacated.
Arizona Law SB 1070 uses the logic of “immigration compliance” to needlessly trample on the US Constitution, harms US citizens and the non-immigrants alike and damages genuine law enforcement efforts to curb crime. Severe flaws in the law subject it to strict scrutiny and possible injunction or reversal in the courts.
The US Supreme Court issues a landmark decision that could affect the reopening and reduction of criminal sentences if the alien was given poor advice or no advice on the immigration consequences of a criminal conviction. Notable is the concurrence (agreement) by Justices Alito and Roberts.
E-verify is a draconian system which has finally revealed its ugly side: employer sanctions and employee arrests
Review and analysis of E-Verify program and procedures Copyright Farhad Sethna, 2008 Question: should an employer adopt the E-Verify program? Answer: Briefly, my answer is “no”. Here is why: 1. […]
In other immigration developments stemming from the September 11th tragedies, there is much to report. Foremost in the headlines has been the congressional plan to restructure the INS. While the […]
The Department of State, in response to the 9-11 attacks, promulgated an interim rule which became effective on April 1, 2002. A close examination of the rule is very important […]