The Livesay & Myers Blog


Employ American Workers Act (EAWA) and H-1B Petitions

Posted on February 8th, 2010, by James Livesay in Immigration Law. Comments Off

U.S. Citizenship and Immigration Services (USCIS) has provided detailed information regarding the Employ American Workers Act (EAWA) and H1-B petitions.

On Feb. 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act (commonly known as the “stimulus bill”). The stimulus bill contained the Employ American Workers Act (“EAWA”).

EAWA took effect on February 17, 2009 and will expire on February 17, 2011. EAWA prevents a company from displacing U.S. workers when hiring H-1B specialty occupation workers if the company received funds through the Troubled Asset Relief Program (TARP), or under section 13 of the Federal Reserve Act (collectively referred to as “covered funding”).

EAWA affects the current Labor Condition Application (LCA) process administered by Department of Labor (DOL) and the USCIS petition process for companies seeking H-1B workers. Companies subject to EAWA will now need to make new statements regarding … Read More »


DHS Announces Humanitarian Parole Policy For Certain Haitian Orphans

Posted on January 19th, 2010, by James Livesay in Immigration Law. Comments Off

On January 18, 2010, Department of Homeland Security (DHS) Secretary Janet Napolitano, in coordination with the U.S. Department of State, announced a humanitarian parole policy allowing orphaned children from Haiti to enter the United States temporarily on an individual basis to ensure that they receive the care they need—as part of the U.S. government’s ongoing support of international recovery efforts after last week’s earthquake.

“We are committed to doing everything we can to help reunite families in Haiti during this very difficult time,” said Secretary Napolitano. “While we remain focused on family reunification in Haiti, authorizing the use of humanitarian parole for orphans who are eligible for adoption in the United States will allow them to receive the care they need here.”

Humanitarian parole into the United States may be granted by the Secretary of Homeland Security to bring otherwise inadmissible individuals … Read More »


Temporary Protected Status (TPS) Granted For Haitians

Posted on January 18th, 2010, by James Livesay in Immigration Law. Comments Off

Temporary Protected Status (TPS) has been granted for undocumented Haitians who have been in the United States as of January 12, 2010. The registration period will likely start next week and will last for 180 days. During that time, the law firm of Livesay & Myers, P.C. will file TPS applications for qualified applicants, including work permits. Applicants must prove their Haitian nationality with documents such as a passport or birth certificate.

Our immigration lawyers charge a flat legal fee of $250 for such TPS applications. In addition to that legal fee, the following costs apply: $50 TPS registration fee, $80 biometrics fee (no biometrics fee if applicant is under 14), and $340 work permit fee.

If you or a loved one require assistance with an application for Temporary Protected Status (TPS), or any other immigration law matter, contact us to schedule your initial consultation … Read More »


DHS Announces Streamlined Citizenship Application Process For Military

Posted on January 17th, 2010, by James Livesay in Immigration Law. Comments Off

Department of Homeland Security (DHS) Secretary Janet Napolitano announced on January 15, 2010 the publication of a rule formalizing the longstanding DHS policy to expedite and streamline the citizenship process for men and women bravely serving in America’s armed forces.

“The foundation of our national security is the patriotic service and extraordinary sacrifices made by the men and women of our armed forces,” said Secretary Napolitano. “Expediting the citizenship process for service members reflects our commitment to honoring those who come from all over the world to serve our country and become its newest citizens.”

The rule amends DHS regulations to conform to the National Defense Authorization Act of 2004, reducing the time requirements for naturalization through military service from three years to one year for applicants who served during peacetime, and extending benefits to members of the Selected Reserve of the … Read More »


USCIS Issues Guidance On H-1B “Employee-Employer Relationship”

Posted on January 14th, 2010, by James Livesay in Immigration Law. Comments Off

Introduction

U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B “specialty occupation” classification. The memorandum clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites. The memorandum is titled: “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements: Additions to Officer’s Field Manual (AFM) Chapter 31.3(g)(15)(AFM Update AD 10-24).” In addition to clarifying the requirements for a valid employer-employee relationship, the memorandum also discusses the types of evidence petitioners may provide to establish that an employer-employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period.

Questions & Answers

Q: Does this memorandum change any of the requirements to establish eligibility … Read More »


Haitian Earthquake May Result In TPS For Haitians In The U.S.

Posted on January 13th, 2010, by James Livesay in Immigration Law. Comments Off

The Haitian earthquake disaster has prompted lawmakers to consider granting Temporary Protected Status (TPS) to Haitians in the United States, so that those Haitians without status in the U.S. can live and work here while their home country deals with the disaster. Florida Republicans Lincoln and Mario Diaz-Balart and Ileana Ros-Lehtinen are pressing the Obama administration to speedily grant TPS relief. Meanwhile, Immigration and Customs Enforcement (ICE) and Department of Homeland Security Secretary Janet Napolitano have halted all deportations to Haiti.

Livesay & Myers, P.C. continues to monitor the government’s reaction to the earthquake and will post TPS-related updates as they become available.

Contact Our Immigration Law Attorneys

If you or a loved one require assistance with an application for Temporary Protected Status (TPS), or any other immigration law matter, contact us to schedule your initial consultation with an experienced immigration attorney today. Our immigration lawyers represent … Read More »


Cap Count for H-1B, H-2B and H-3 Workers for Fiscal Year 2010

Posted on November 20th, 2009, by James Livesay in Immigration Law. Comments Off

What is a “Cap”? 

The word “Cap” used in this Update refers to annual numerical limitations set by Congress on certain nonimmigrant visa classifications, e.g., H-1B and H-2B. Caps control the number of workers that can be issued a visa in a given fiscal year to enter the United States pursuant to a particular nonimmigrant classification. Caps also control the number of aliens already in the United States that may be authorized to change status to a cap-subject classification. The annual numerical limitations generally do not apply to persons who have already been counted against the cap in a particular nonimmigrant classification and are seeking to extend their stay in that classification.H-1B The H-1B visa program is used by some U.S.employers to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field and a bachelor’s … Read More »


To Dream In America

Posted on November 20th, 2009, by James Livesay in Immigration Law. Comments Off

“[S]he is as American as the kid of Irish-English heritage who likely sat alongside her in school. She speaks fluent English. She made good grades in school. She hasn’t broken a law since she was brought across the border. So, what’s to come of her? She says she is giving up her dream of becoming a nurse because she can’t get a Social Security card or a driver’s license because she is afraid of being deported. Deported from the only country she has known her entire life. Hers is not an isolated case. Each year in the United States some 65,000 ‘illegal’ students graduate high school.”

Tulsa World Editorial, Nov. 15, 2009.


Transition Period Extended For H-2A Temporary Agricultural Employers

Posted on November 16th, 2009, by James Livesay in Immigration Law. Comments Off

The Department of Labor is further amending its regulations to extend the transition period of the application filing procedures currently in effect for all H-2A employers with a date of need before January 1, 2010, as established in the H-2A Interim Final Rule (IFR) published on April 16, 2009. The transition period is hereby extended to include all employers with a date of need before June 1, 2010.” See FR Doc. 2009-27496 for further information.

If you are an employer or employee requiring assistance with an H-2A visa or any other immigration law matter, contact us to schedule your initial consultation with an experienced immigration attorney today. Our immigration lawyers represent clients throughout Virginia, Maryland and the District of Columbia.


Temporary Acceptance of H-1B Petitions Without LCAs

Posted on November 11th, 2009, by James Livesay in Immigration Law. Comments Off

U.S. Citizenship and Immigration Services (USCIS) has announced a 120-day period in which it will temporarily accept H-1B petitions filed without Labor Condition Applications (LCAs) that have been certified by the Department of Labor (DOL).

USCIS has received requests from the public to accept H-1B petition filings that include LCAs that have been filed with DOL but that DOL has not yet certified. Processing delays arising from DOL’s recently implemented “iCERT” system have resulted in increased processing times (beyond 7 days) for certain LCA certifications. Affected employers and beneficiaries have reported being negatively impacted by DOL’s increased processing times which currently delays their ability to file H-1B petitions with USCIS. DOL expects that the current increase in LCA processing times is temporary.

As a public accommodation, USCIS began accepting H-1B petitions filed with uncertified LCAs for a 120-day period. The 120-day period … Read More »




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