The Livesay & Myers, P.C. Blog


Temporary Labor Certifications In The Entertainment Industry

Posted on July 1st, 2009, by James Livesay in Immigration Law. Comments Off on Temporary Labor Certifications In The Entertainment Industry

Department Of Labor Releases FAQs For Final H-2B Regulations

The Department of Labor has released the following FAQs implementing final H-2B regulations for temporary labor certifications in the entertainment industry:

Question: I am an employer in the entertainment industry. We recruited our H-2B support personnel and filed pursuant to special procedures for entertainers. Now that the regulations have changed, are my special procedures gone?

Answer: The new H-2B regulations contain a provision that permits the development of special procedures. Where special procedures were in place prior to the effective date of the H-2B regulations (January 18, 2009), the Department will continue to honor those special procedures to the extent they are consistent with the new regulations. The special procedures contained in TEGL 31-05 will continue almost in their entirety. The Department will not, however, be able to honor the special procedures in areas … Read More »


USCIS Issues Religious Worker Notice

Posted on June 29th, 2009, by James Livesay in Immigration Law. Comments Off on USCIS Issues Religious Worker Notice

U.S. Citizenship and Immigration Services (USCIS) has announced that individuals with a pending Form I-360 religious worker petition may be eligible for benefits under Ruiz-Diaz v. United States, No. C07-1881RSL (W.D. Wash. June 11, 2009).

Persons with pending Form I-360 religious worker petitions are immediately eligible to file a Form I-485 and/or Form I-765. Individuals whose applications are properly filed with appropriate filing fees and supporting documentation with USCIS by September 9, 2009 will have any period of unlawful presence or unauthorized employment tolled until USCIS issues a final administrative decision. Failure to file prior to September 9, 2009, will result in the accrual of unlawful presence or unauthorized employment time.

Persons who want to file an Application to Register Permanent Residence or Adjust Status (Form I-485) and/or an Application for Employment Authorization (Form I-765)1 must mail the applications, with the required … Read More »


USCIS to Welcome 6,000 New Citizens During Fourth of July Celebrations

Posted on June 29th, 2009, by James Livesay in Immigration Law. Comments Off on USCIS to Welcome 6,000 New Citizens During Fourth of July Celebrations

U.S. Citizenship and Immigration Services (USCIS) will commemorate America’s 233rd birthday by naturalizing more than 6,000 citizenship candidates in approximately 50 special ceremonies held across the United States and overseas. Five of these ceremonies are for members of the U.S. Armed Forces.

“There is no more important role we have as an agency than to welcome new citizens during naturalization ceremonies throughout the year,” said USCIS Acting Deputy Director Michael Aytes. “But on the Fourth of July, that role is even more profound as we proudly stand side-by-side with the newest Americans to celebrate our independence together as one family.”

This year, the week-long celebration by USCIS of citizenship is highlighted by various special events, including ceremonies on July 1 at the Sacramento Memorial Auditorium for approximately 800 candidates and on July 3 at Walt Disney World in Orlando, Florida, for approximately … Read More »


Custodial Parent Relocation In Virginia

Posted on June 25th, 2009, by James Livesay in Custody, Family Law. 22 comments

“Can the Father or Mother of my child stop me moving out of the area?” is a familiar question heard by many family law attorneys. The answer is “yes, they can certainly try.” In fact, given the current trend of Virginia law making it harder on parents wishing to relocate with their children, the odds are good that the non-relocating parent might successfully block the child’s relocation. With more and more parents finding the need to move due to family connections, changes in employment and varying costs of living in different states across the county, custodial parent relocation has steadily become a hot topic in custody cases.

What is the Standard for Relocation in Virginia? Virginia law does not provide a bright-line rule for custody relocation cases; meaning, one cannot merely turn to the Virginia Code for a simple “yes” … Read More »


USCIS, FBI Eliminate National Name Check Backlog

Posted on June 22nd, 2009, by James Livesay in Immigration Law. Comments Off on USCIS, FBI Eliminate National Name Check Backlog

U.S. Citizenship and Immigration Services (USCIS) announced today that, in partnership with the Federal Bureau of Investigation (FBI), it has met all milestones set forth in a joint business plan announced April 2, 2008, resulting in the elimination of the FBI National Name Check Program (NNCP) backlog.

“Our close partnership with the FBI has resulted in the accomplishment of this significant achievement with national security as its foundation,” said USCIS Acting Deputy Director Michael Aytes. “This continued working relationship will help to ensure that name check processing is accomplished as quickly as possible without compromising security concerns.”

The final goal of the business plan was to achieve a sustainable performance level by the NNCP of completing 98 percent of name check requests submitted by USCIS within 30 days, and the remaining two percent within 90 days. This performance level will become the … Read More »


USCIS Announces Resumption Of Premium Processing Service For Form I-140

Posted on June 22nd, 2009, by James Livesay in Immigration Law. Comments Off on USCIS Announces Resumption Of Premium Processing Service For Form I-140

U.S. Citizenship and Immigration Services (USCIS) announced today that effective June 29, 2009, it will resume Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker, in accordance with 8 CFR 103.2(f)(2).

After an evaluation of its I-140 backlog reduction efforts and increased I-140 adjudicative efficiencies, USCIS has concluded that it is now able to provide Premium Process Service for this benefit.

USCIS will accept Premium Processing requests for Form I-140 Immigrant Petition for Alien Worker, involving EB-1 Aliens with Extraordinary Ability, EB-1 Outstanding Professors and Researchers, EB-2 Members of Professions with Advanced Degrees or Exceptional Ability not seeking a National Interest Waiver, EB-3 Professionals, EB-3 Skilled Workers, and EB-3 Workers other than Skilled Workers and Professionals.

Premium Processing Service is still not available for Form I-140, Immigrant Petition for Alien Worker, involving EB-1 Multinational Executives and Managers and EB-2 Members of … Read More »


Voluntary Underemployment In Virginia Support Cases

Posted on June 22nd, 2009, by James Livesay in Divorce, Family Law. Comments Off on Voluntary Underemployment In Virginia Support Cases

In alimony or child support cases, Virginia law allows the court to find a party is “voluntarily underemployed” and to calculate support based on a higher income than he or she is actually earning. As the Virginia Court of Appeals has written, “[a] court may under appropriate circumstances impute income to a party seeking spousal support. This conclusion logically flows from the principle that one who seeks spousal support is obligated to earn as much as he or she reasonably can to reduce the amount of the support need…. A spouse may not choose a low paying position that penalizes the other spouse.”

Virginia Code § 20-107.1 directs the trial court to consider as a spousal support factor each party’s earning capacity. For child support, imputed income is a deviation factor listed in Virginia Code § 20-108.1(B)(3). The court must first determine the presumptive guidelines amount, … Read More »


USCIS Issues Guidance Memorandum on EB-5 Immigrant Investor Program

Posted on June 19th, 2009, by James Livesay in Immigration Law. Comments Off on USCIS Issues Guidance Memorandum on EB-5 Immigrant Investor Program

U.S. Citizenship and Immigration Services (USCIS) has issued a guidance memorandum that provides USCIS adjudication officers with instructions related to the timing of job creation and the meaning of “full-time” positions in the EB5 Immigrant Investor Program.

Entering the U.S. on the basis of an investment (as opposed to a family or employment-based petition) can either take the form of a nonimmigrant (temporary) visa or an immigrant visa, which results in the Permanent Resident “Green Card.” The Permanent Residency route for an investor is known as the EB5 Investor Category. This category was created by Congress to allow foreign investors and their immediate family members to obtain permanent residency in the U.S. in exchange for investing in an employment-creation commercial enterprise.

In order to qualify for EB5 Immigration, the foreign investor must: 1) create a new business, 2) expand an existing business, … Read More »


Think Twice About Handling Your Separation and Divorce Without An Attorney

Posted on June 18th, 2009, by James Livesay in Divorce, Family Law, Military Divorce. Comments Off on Think Twice About Handling Your Separation and Divorce Without An Attorney

For most uncontested divorces, the parties will need to execute a property settlement agreement, commonly known as a “PSA,” settlement agreement, or simply a separation agreement. With the growing availability on the internet of forms and samples for such documents, some people feel confident in drafting an agreement without the assistance of an attorney. These agreements may turn out to be valid and work for some people, but may result in financial disaster for others.

Language in a separation agreement may seem to have one meaning, but may have an entirely different legal meaning. As an example: John and Ellen sign a separation agreement stating they will “share” physical and legal custody of the child. However, Ellen keeps the children most of the time. Without knowing anything else about this agreement, Ellen may have opened the door for a smaller amount … Read More »


USCIS Releases Questions and Answers On Child Status Protection Act

Posted on June 17th, 2009, by James Livesay in Immigration Law. Comments Off on USCIS Releases Questions and Answers On Child Status Protection Act

The Child Status Protection Act (CSPA) amended the Immigration Nationality Act by changing how an alien is determined to be a child for purposes of immigrant classification. The Act permits an applicant for certain benefits to retain classification as a “child,” even if he or she has reached the age of 21.

Since its enactment on Aug. 6, 2002, U.S. Citizenship and Immigration Services (USCIS) has provided several field guidance memoranda regarding the adjudication of immigration benefits in accordance with the CSPA.

A memo issued April 30, 2008 made some substantive changes to how USCIS applies CSPA. On June 15, 2009, USCIS issued a Questions and Answers document under the new guidance:

Questions and Answers

Q. What is Child Status Protection Act (CSPA)?

A “child” is defined in the Act as an unmarried person under the age of 21. Prior to the enactment of the … Read More »




Our Locations
Fairfax Office
3975 University Drive #325
Fairfax, VA 22030
703-865-4746
Manassas Office
9408 Grant Avenue #402
Manassas, VA 20110
571-208-1267
Leesburg Office
113 E Market St #110
Leesburg, VA 20176
571-291-3190
Fredericksburg Office
303 Charlotte Street
Fredericksburg, VA 22401
540-370-4140