Category Archives: Immigration

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National Foundation for American Policy Recommends Immigration Reform to Meet Needs of U.S. Healthcare

National Foundation for American Policy released its November 2012 policy recommendations recognizing immigration reform for health care workers as a broad measure to deal with increasing labor demand and shortage in the health care industry arising from the needs of the aging U.S. population and the Affordable Care Act.  These policy recommendations are necessary at … Continue Reading

THIRD CIRCUIT UPHOLDS EMPLOYMENT-AT-WILL CONCEPT

           In Edwards v. Geisinger Clinic the Third Circuit held that a health clinic’s statement to a physician and to immigration officials regarding a physician’s “at least three year” employment did not create an employment contract. A physician took a job with a health clinic with the understanding that he must work at the clinic … Continue Reading

United States Department of Justice Files Suit Against Arizona

Contributed by Piyush Seth, Esquire pseth@tuckerlaw.com or 412.594.5640 July 6, 2010, the Department of Justice, the Department of Homeland Security, and the Department of State, which share responsibilities in administering federal immigration law filed suit against Arizona’s recently passed immigration law, S.B. 1070, in Federal court citing conflict with Federal law.  Attorney General Holder stated … Continue Reading

Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009

Contributed by Piyush Seth, Esquire pseth@tuckerlaw.com or 412.594.5640 Comprehensive Immigration Reform for America’s Security and Prosperity (CIR ASAP) Act of 2009 (H.R. 4321) has been introduced by Rep. Gutierrez (D-IL) on December 15, 2009 along with 87 other members of the House of Representatives.  The proposed legislation covers comprehensive immigration issues that include, enforcement, legalization … Continue Reading

Cap Count Estimates 3,500 H-1B Visas Remaining for Fiscal Year 2010

Contributed by: Piyush Seth, Esquire 412.594.5640, pseth@tuckerlaw.com As of November 6, 2009, approximately 54,700 H-1B cap-subject petitions had been filed.  As per American Immigration Lawyers Association, see  AILA InfoNet Doc. No. 09042065 (posted Nov. 17, 2009).   USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap.  Any … Continue Reading

The Controversial E-Verify System

As of September 8, 2009, all federal contractors and subcontractors are now required to utilize the controversial E-Verify system to confirm an employees right to work legally in the United States.  In addition, those companies receiving stimulus funds will be required to implement E-Verify.  The controversy arises from the fact that the administration continues to expand the … Continue Reading

Nurse Immigration Visa Bill Proposed to Fight Shortage

HR 2536, The Emergency Nursing Supply Relief Act, See http://www.govtrack.us/congress/billtext.xpd?bill=h111-2536 has been introduced in the House by Congressman Robert Wexler.  Although there is a long process ahead this first step provides hope for much needed relief for the U.S. nursing shortage as it will make immigrant visas specifically available for nurses.  These visas are currently unavailable and have been backlogged for … Continue Reading

Recently published by American Immigration Lawyers Association

Findings by the Council were that the broken US Immigration System risks serious consequences to U.S. national interests: Specifically: - Weaken US Economy - Jeopardize Diplomacy - Imperil National Security Council on Foreign Relations Press Release: http://www.aila.org/content/fileviewer.aspx?docid=29470&linkid=206416 Council on Foreign Relations Report on Immigration Policy: http://www.aila.org/content/fileviewer.aspx?docid=29470&linkid=206410… Continue Reading

August 2009 State Department Visa Bulletin

The August Visa Bulletin was just released. Currently Employment Based Category Three (Skilled Worker) remains unavailable and Employment Based Category Two (Advanced Degree Professional) for India is backlogged to October 1, 2003. For all other countries Advanced Degree Professional Immigrant visas are currently available. Please see August 2009 State Department Visa Bulletin Piyush Seth 412.594.5640 … Continue Reading

Visa Waiver Program countries must check with Electronic System for Travel Authorization

Please be advised that effective January 12, 2009, elgibile citizens or nationals from ALL Visa Waiver Program Countries must obtain approval through ESTA (The Electronic System for Travel Authorization) prior to traveling to the United States under the Visa Waiver Program. For information regarding whether an e-Passport is required, a list of Visa Waiver Program … Continue Reading

The Electronic System for Travel Authorization (ESTA)

The Electronic System for Travel Authorization (ESTA) is an electronic system for screening Visa Waiver Program passengers before they begin travel to the United States without a visa. It is anticipated that ESTA will become mandatory for Visa Waiver Program travelers on January 12, 2009. www.medlawblog.com/uploads/file/Visa waiver – passport reqts.pdf Lisa Ventresca… Continue Reading

H1B cap reached

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2009. USCIS has also received more than 20,000 H-1B petitions filed on behalf …Read More  Lisa Ventresca… Continue Reading

DOS Release on Passport Rule

U.S. nationals are required to hold a U.S. passport for entry (by air) into the U.S. Effective 6-1-09, all U.S. nationals traveling by sea or land must also hold a U.S. passport. Click the link to read the DOS press release as well as a FAQ sheet on the topic.  www.medlawblog.com/DOS release on Passport Rule(1).pdf … Continue Reading

SS cards and ICE enforcement

  The attached is a bulletin directing employers to be aware of possible I-9 violations and the fraudulent use of social security cards.  Your company clients may have an interest in this info. www.medlawblog.com/ICE update(2).pdf Lisa M. Ventresca… Continue Reading

New I-9 Immigration Forms: 12/26/07

For the first time in 16 years, the Federal Government has changed the I-9 Immigration Form. It has now been released and ALL employers, regardless of size are required to fill one out for each new employee. Only this amended version of the Form I-9 will be accepted as valid after December 26, 2007. Order … Continue Reading

US Citizen Passport Cards

As of February 1, 2008, U.S. citizens may begin to apply for the New Passport Card. The passport card will facilitate travel between the U.S. and land border as well as sea ports-of-entry countries such as Canada, Mexico, Bermuda and the Caribbean. The new passport card will carry the same rights and privileges as a … Continue Reading
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