leXpeak-Immigration

2011-11-08T06:18:00.001-05:00

Courtesy: www.beeffco.com

Have you seen Badass of the week which is at www.badassoftheweek.com. This time its about a Japanese Immigrant Daniel Ken Inouye. He is the highest-ranking Asian American politician in American history.

As usual it is a wonderful article written by Ben Thompson which every American must read.

Americanism is not in the place of birth, race, color, or creed.....

Advisory Opinion on Deemed Export Licenses and Third Party Placements

2011-04-21T08:04:00.000-04:00

The U.S. Department of Commerce has issued a formal advisory opinion on the applicability of the "deemed export" provisions of the Export Administration Regulations (EAR) where foreign worker provides services at a third party client site pursuant to a contract between a the petitioner and a third party client.

Image Courtesy: www.topnews.in

Hillary Hess, Director, Regulator Policy Division of the Department of Commerce has provided an opinion that in the above mentioned scenario though the staffing company has control over the employment of the foreign national but does not have control over technology or source code that is provided to the foreign national by the third party client, the third party client is required to obtain authorization for a deemed export that might occur when the third party client provides the foreign national with access to technology or source code subject to the EAR.

However, Hillary Hess cautions that the petitioning companies that it is better to also take an opinion from USCIS and ensure that its representations on USCIS Form I-129 (Petition for a Nonimmigrant Worker) are accurate.

See the formal advisory opinion here

Comedian sarcastically Testifies before US congress on Immigration Issue

2010-09-24T13:14:00.000-04:00

American political satirist, writer, comedian and television host Stephen Colbert has appeared before a Congress committee discussing immigrant farm workers. He appeared in character as the conservative commentator he plays on his show on Comedy Central.

Image Courtesy: www.treehugger.com

It is said that House Judiciary Committee Chairman John Conyers asked Colbert to leave before his testimony even started. But in his own way the comedian went on to speak about his recent experience working as a farm labourer in New York state, and he made a series of jokes throughout.

Few of his jokes in the house is quoted below:

He suggested one of the few ways to avoid the need for immigrant labour would be the invention of "vegetables that pick themselves".

Colbert described his ordeal of stooping to pick beans as "really, really hard".

"It turns out, and I did not know this, most soil is at ground level."

"I certainly hope that my star power can bump this hearing all the way up to C-SPAN 1,"

"America's farms are presently far too dependent on immigrant labor to pick our fruits and vegetables,"

"Now, the obvious answer is for all of us to stop eating fruits and vegetables. And if you look at the recent obesity statistics, many Americans have already started."

"After all," he said, "it was the ancient Israelites who built the first food pyramids. But this is America. I don't want a tomato picked by a Mexican. I want it picked by an American, then sliced by a Guatemalan, and served by a Venezuelan in a spa where a Chilean gives me a Brazilian."

"My great-grandfather did not travel across four thousand miles of the Atlantic Ocean to see this nation overrun by immigrants," he declared. "He did it because he killed a man back in Ireland. That's the rumor."

"I'll admit I started my work day with preconceived notions of migrant labor," Colbert said. "But after working with these men and women ... side by side in the unforgiving sun I have to say -- and I do mean this sincerely -- please don't make me do this again. It is really, really hard."

Colbert appeared alongside, among others, United Farm Workers President Arturo Rodriguez, whose group over the summer launched "Take Our Jobs," a campaign that challenged U.S. citizens to replace immigrants in farm work.

The group, which says only seven citizens or legal residents have taken it up on the offer, argues that immigrant workers aren't taking citizens' jobs, and is pushing for a bill that would give undocumented farm workers currently in the United States the right to earn legal status.

USCIS TSC E-mail Pilot Initiative

2010-08-20T13:11:00.003-04:00

Image Courtesy:www.ariadne.ac.uk

Texas Service Center (TSC) announced the pilot initiative of an employment based I-485 special notification protocol. TSC has offered an e-mail to use when attempting to correct issues such as cross chargeability, use of AC21, transferring an adjustment case, and more. The purpose of the Texas Service Center (TSC) employment-based (EB) I-485 Email Pilot Special Notification Initiative is to provide a mechanism by which applicants can facilitate TSC processes relating to specific EB I-485 application scenarios through an email address. The email address for this purpose is: EBUPDATE.Tsc@dhs.gov

Procedure to notify TSC when an applicant is eligible for porting under AC21?
Procedure to notify TSC when an applicant has multiple approved I-140’s with priority dates that are visa available?
Procedure to notify TSC when an applicant is eligible for cross country chargeability?
Procedure to notify TSC when an applicant has an adjustment case that should be transferred?

You can the see document here

NEW AND OLD PORTABILITY UNDER AC 21 § 105

2010-08-03T15:19:00.000-04:00

Paparelli's Image Courtesy from www.expertclick.com

Almost all of Angelo A. Paparelli's articles have set benchmarks in US Immigration Laws, he has provided excellent guidlines in many such articles, I recently found an article on AC-21 while was researching on the basis to hire an H-1B employee who is presently on H-4 status, but was on H-1B earlier.

This article from Angelo A. Paparelli and Janet J. Lee throws light on to many such issues.

Read it yourselves here at www.seyfarth.com

"Admission" Requirement for I-485 Eligibility

2010-07-29T11:08:00.000-04:00

We had some times earlier discussed on the fifth circuit court's definition on Admission (see http://lexpeakimmig.blogspot.com/2008/06/fifth-circuit-on-admitted.html).

Now, U.S. Department of Justice, Board of Immigration Appeals (BIA) handed down a rule that for the purposes of establishing eligibility for I-485, the law does not require the alien to be questioned by immigration authorities or be admitted in a particular status.

Image Courtesy: www.barnard.edu

While deciding the matter on Matter of Quilantan, wherein, a citizen of Mexico who entered the United States without a valid document as a passenger in a car being driven by her United States citizen friend. Her testimony, stated that the immigration inspector asked her friend (driver) whether he was an American citizen but did not ask her anything. The officer then waved the car through the port of entry. She five years later married a United States citizen and filed I-485 before immigration judge who denied the relief based on the decision that she was not "admitted" to the U.S. The BIA disagreed and overturned the decision and remand the case to the immigration judge.

You can see this decision your selves at http://www.justice.gov/eoir/vll/intdec/vol25/3688.pdf

ICE Online Detainee Locator System (ODLS) Website

2010-07-26T07:16:00.000-04:00

The ICE Online Detainee Locator System is a search-able online database to locate a detainee who is currently in ICE custody, or who was released from ICE custody for any reason within the last 60 days. The system cannot search for records of persons under the age of 18. You can search using A-Number or Bio-Graphic Information.

Image Courtesy: www./blog.al.com

See it your selves here https://locator.ice.gov

Immigration-Enforcement Preparedness: Is Your Business Ready?

2010-07-19T07:07:00.000-04:00

Image Courtesy: www.kinnisonco.com

[Y]ou have to be prepared at any moment to face difficulties and even dangers by knowing what to do and how to do it.

Agnes and Robert Baden-Powell, How Girls Can Help to Build Up the Empire
Be Prepared in [m]ind . . . by having thought out beforehand any . . . situation that might occur, so that you know the right thing to do at the right moment, and are willing to do it.

Robert Baden-Powell, Scouting for Boys - Campfire Yarn No. 3 - Becoming a Scout
Excerpts from the Scout Motto: "Be Prepared."

As the article explains, immigration-enforcement preparedness must involve not just HR and the office of general counsel. Rather, it requires a host of additional corporate players: Occupants of the “C” Suite (the CEO, COO, CFO, CIO and others), the messengers (corporate communications), the internal enforcers and protectors (corporate compliance and corporate security), the greeters (the receptionists), and of course, foreign workers (whether employed by the corporation or by its vendors)

Readiness is also about checklists, protocols, data collection (the required immigration paperwork and related personnel, payroll and tax information), internal compliance audits and practice drills. Immigration preparedness involves strategic choices and business judgments that must mesh with the company’s corporate ethos and culture. All of this preparation takes time.

Read this brilliant article here which is extracted from www.seyfarth.com

Private India in US

2010-07-07T09:41:00.000-04:00

It is clearly humiliating - Joel Stein an American Journalist recently wrote an article in 'Time' magazine degrading American Indians, now he has apologized stating that the readers have misunderstood the article as he actually intended to show that immigration has enriched American life and his hometown (Edison) in particular.

Now read this article here and judge - its clear humiliation. I'm sure they might remove this article from its website soon, I have saved the article in my GoogleDocs, you can read it anytime here

ACLU plans to sue over US 'no-fly' list

2010-07-01T08:13:00.000-04:00

The American Civil Liberties Union plans to sue the US authorities over the "no-fly" list, it says that it stops innocent people from traveling.

Image Courtesy: www.chattahbox.com

The legal action is on behalf of 10 US citizens or legal permanent US residents who say they have been prevented from flying.

Six of those are currently stuck outside the US. The list is maintained by the US authorities as part of the measures aimed at preventing attacks.

But critics say there are problems with "false positives" where a person is stopped from flying because they have the same name as someone on the list.
And, the ACLU says, people are usually not told the reason for their inclusion on the list and have no effective way to dispute it.

See BBC News for More

India's Tourist Visa─on─Arrival scheme

2010-06-11T07:22:00.000-04:00

Image courtesy: www.planeteyetraveler.com

The Government of India has announced a scheme of granting Tourist Visa on Arrival for the citizens of Finland, Japan, Luxembourg, New Zealand and Singapore. The scheme is valid for citizens of the above mentioned countries planning to visit India on single entry strictly for the purpose of tourism and for a short period of up to a maximum of 30 days.

If you want to see the salient features of the scheme then click here

Digest to Important Balca Cases by Topic

2010-06-09T07:17:00.000-04:00

You can see it here

L-1 Intra-company transfers

2010-06-01T09:05:00.000-04:00

This L-1 non-immigrant visa is probably the head-ache Visa. I'm presently working on to change status (or employment) from L-1B to L-1A. Herein below are my observations.

Image courtesy: www.peningoblog.com

FILING A CHANGE OF STATUS FROM L-1B TO L-1A

The regulations(1) limit the availability of the full seven years of L-1A status of someone originally admitted in L-1B status to where a promotion occurs from a specialized knowledge occupation to a managerial occupation. Specifically, the regulations read:

L-1B employee must work for at least six months in a managerial or executive capacity

When an alien was initially admitted to the United States in a specialized knowledge capacity and is later promoted to a managerial or executive position, he or she must have been employed in the managerial or executive position for at least six months to be eligible for the total period of stay of seven years. The change to managerial or executive capacity must have been approved by USCIS in an amended, new, or extended petition at the time that the change occurred.

This provision caused some concern as there were denials in the past at some service centers because the adjudicators interpreted the regulation to require approval of an L-1A petition before four and one-half years of L-1B status had occurred. Additionally, the final sentence of the regulation made it appear that the practitioner must file two separate petitions--one to notify USCIS of the change in job duties, and another one six months later to be eligible for the total period of stay of seven years. AILA brought this to the attention of USCIS in its March 23, 2006, meeting and the response was as follows:(2)

The regulation requires that USCIS has "approved" the change to managerial position at the time of the change. This is in accordance with the independent regulatory requirement that the petitioner inform us of any changes in "capacity of employment." So not only must the alien have been in the new position for six months at the time of filing the extension from five to seven years, but USCIS must have approved that change when it happened. However, the centers should not deny an extension request simply because it was FILED during the final six months of the five-year stay. It can be filed the last day if need be, so long as the change occurred at least six months ago. The reason for requiring the extension at the end of six months is to establish the bonafides of the promotion. This is an important fraud deterrent--an appropriate indicator of the legitimacy of the managerial position. Therefore if the filings were to be combined after the beneficiary was in the promoted position would not meet the requirement that the beneficiary has been in the "position" for six months since the petition record would only reflect the original position. Therefore, with regard to a promotion at or during the last six months, premium processing would be the option.

Overall, before filing an petition to change L-1B to L-1A, confirm if the candidate has already worked in Manager or Executive position at least six months before filing the petition requesting the change, this might be waived if the candidate has already worked earlier when he was abroad.

Here is an article by Lawrence D. Bastone of Zag S&W on L-1 Intracompany Transferree.

[1] See 8 CFR §214.2(l)(15)(ii) - An extension of stay may be authorized in increments of up to two years for beneficiaries of individual and blanket petitions. The total period of stay may not exceed five years for aliens employed in a specialized knowledge capacity. The total period of stay for an alien employed in a managerial or executive capacity may not exceed seven years. No further extensions may be granted. When an alien was initially admitted to the United States in a specialized knowledge capacity and is later promoted to a managerial or executive position, he or she must have been employed in the managerial or executive position for at least six months to be eligible for the total period of stay of seven years. The change to managerial or executive capacity must have been approved by the Service in an amended, new, or extended petition at the time that the change occurred.

[2] See AILA-USCIS Liaison Meeting Minutes (Mar. 23, 2006), published on AILA InfoNet at Doc. No. 06060761 (posted June 7, 2006).

U.S Visa is enough even for Mexico!

2010-05-16T13:55:00.003-04:00

Image Courtesy: www.kwtc.org

I had long indicated in the news section of Lexpeak Immigration Blog that Mexico has considered and decided to overhaul its immigration program. In fact, I noticed one of its major step is cost reduction :-) yes, Mexican Government understands that U.S.A spends considerable amount of Money to safe guard its country by following stringent Immigration rules in order to issue Visa. Mexico, rather than redoing the same process has in-turn decided that it will let anybody (any nationality) in to its country if they have a valid U.S. Visa, note, its a U.S. Visa not a valid Mexican Visa. Ain't it cost reduction. Herein below is an announcement from Mexican Embassy in New Delhi, India.

As of the 1st of May 2010, holders of valid visa of the United States of America (any nationality) shall not require visa to enter Mexico.

Legal Permanent Residents of USA, Canada, Japan, United Kingdom and Schengen States do not require visa for enter Mexico.

Holders of Diplomatic or Official passports do not require a visa to enter Mexico for 90 days.

Official/Clergy of Religious organization require prior authorization granted by the Immigration Authority of Mexico (Instituto Nacional de Migración, INM).

Visas are normally issued in one working day when formalities are duly completed.

The Consular Section issues multiple entry long term visas.

DOL's NEW "elaws" tool called H-1B Advisor

2010-05-14T13:40:00.000-04:00

Department of Labor has launched its new "eLaws" tool called H-1B Advisor. This H-1B Advisor provides employers and employees with the information they need to understand how to comply with the attestations enforced by WHD. At the end of each interactive section, you will receive a results page based upon your answers to relevant questions. I went through this tool, its fairly good and provides comprehensive information on will violations and H-1B dependency; penalties attached to it, etc.

I suggest for both employer and employees to go thought the link given below and brush your knowledge on H-1B

http://www.dol.gov/elaws/h1b.htm

Arizona's Anti-immigration law : What (legal) employees need to do?

2010-05-04T10:22:00.002-04:00

Image Courtesy: Ireland On-line

Arizona's state legislature and Governor Jan Brewer has signed the Senate Bill 1070 (SB 1070), this Bill would require state law enforcement agents (local police) to question individuals about their immigration status if the officer has a "reasonable suspicion" that they are undocumented. An individual who cannot provide proof of legal status might be subject to ARREST!.

The Fact Sheet of SB 1070 can be read online at http://www.azleg.gov/legtext/49leg/2r/summary/s.1070pshs.doc.htm

This bill requires all immigrants to carry proof of their legal status. It is advisable for all the (non or)Immigrants residing / working /traveling in Arizona to carry the following documents at all times:

For Non-Immigrants like H-1B, H-4, L-1, L-2

ü A valid Drivers License.

ü Passport.

ü Valid I-94 – Arrival-Departure Record.

ü Form I-797 Notice of Approval / E.A.D

§ Note: If employee is working on an E.A.D (Employment Authorization Document) and do not have an I-797, please carry E.A.D card along with the above documents.

For Legal Permanent Residents (Green Card holders)

ü A valid Drivers License.

ü Green Card or Legal Permanent Resident Status card.

http://www.computerworld.com/s/article/9176019/Arizona_s_new_papers_please_law_may_hurt_H_1B_workers

Practical Immigration Consequences for Foreign Workers in a Slowing Economy

2010-04-01T12:16:00.000-04:00

Ombudsman had posed few critical questions to USCIS, probably expecting some favorable reply, but it turns out dry!! check it yourself here

Canada - Loss of Permanent Residence Status

2010-02-10T05:28:00.000-05:00

In Canadian Immigration Laws permanent residence status can only be maintained if the permanent resident is physically present in Canada for 730 days (two years) in the most recent five year period. If a permanent resident has not met this requirement they risk losing their status. In fact, while traveling people who have PR cards are presumed to be permanent residents. People who do not hold PR cards are presumed not to be permanent residents. That means a person appearing at a border crossing in a private vehicle without a PR card is more likely to be asked questions that someone who crosses with a PR card.

The 730 day rule is not completely inflexible. The officer reviewing the case is allowed to consider humanitarian and compassionate factors. But humanitarian and compassionate factors are not clearly defined, and so no one should simply assume that they will qualify for this kind of flexibility. Immigration officers have a different, stricter, definition of humanitarian and compassionate factors than do most people. If an officer does determine that a person has lost their permanent residence status because of the 730 day rule, there is an opportunity to appeal that decision to the Immigration Appeal Division.

Canada offers a very flexible permanent residence program allowing Canadian permanent residents to maintain their status while outside Canada for extended periods. To preserve permanent residence the Immigration & Refugee Protection Regulations require a Canadian permanent resident to demonstrate physical residence inside Canada totalling 730 days (approximately two-years) over any five-year period.

There are two instances however where a permanent resident card holder, providing prescribed linkages to Canada, can count days spent outside Canada towards the 730 day physical presence rule. First, it can occur where a permanent resident accompanies a Canadian citizen, seconded outside Canada who is their spouse, common-law partner or child and ordinarily resides with such individual and who is employed, on a full-time basis, by an approved Canadian business or with the public service of Canada or of a province.

It can also occur where a permanent resident spends time outside Canada while employed on a full-time basis with a Canadian company, the federal government of Canada, or in public service on behalf of a province. In both of the above scenarios, the cumulative number of days spent by a permanent resident outside Canada can count towards the 730 day inside Canada physical residence requirement.

A few examples can highlight the application of this requirement.

Example 1:

A Canadian permanent resident upon arriving in Canada, spends 365 days (1 year) working in Canada, and then proceeds to the US to work for an American company for a 3 year period. The Canadian resident thereafter returns to Canada for the next 365 days (1 year). This individual would be able to meet the 730 day physical presence rule because the individual would have spent 730 days (2 years) in Canada over the preceding 5 year period since becoming a Canadian permanent resident.

Example 2:

A Canadian permanent resident upon arriving in Canada proceeds to the US to work for a prescribed Canadian company for a 3 year period. The permanent residence holder is permitted to count the entire 3 years’ outside Canada towards the 730 day inside Canada physical residence requirement.

For the frequent international traveller, the physical presence requirement rules can pose a challenge in terms of documenting the cumulative number of days in question when returning to Canada and appearing at a Canadian port of entry.

The permanent resident bears full responsibility of demonstrating that they were physically present in Canada for the required number of days in accord with the residency obligation outlined in the law. An important issue of concern is that the Canadian Border Security Agency (CBSA) does not consistently stamp passports of Canadian residents returning to Canada. Yet most countries’ border officers routinely stamp passports of foreigners entering a particular country. Therefore, the passports of Canadian permanent resident holders can have a record of entering a foreign country, but may not have a record of return to Canada. This may render it difficult for a Canadian permanent resident to prove the exact number of days spent inside Canada during a five year reference period.

One of the practical solutions to address this potential difficulty is for a Canadian permanent resident who travels frequently to maintain a well documented evidentiary travel log. A travel log should include a “moving calendar” with documentary evidence of all travels to and from Canada. A moving calendar is a compilation of evidence covering the five-year period that immediately precedes the date of entry to Canada in question. Additionally, where a Canadian spouse, common-law partner or child was involved in a travel itinerary, or if travels abroad were in connection with a Canadian business or governmental mission, this fact should likewise be carefully documented. Suitable documentation should include all boarding passes corresponding to actual flights; copies of credit card receipts covering purchases in airports and destinations abroad.

Canadian permanent residents, who enter Canada by land from a Canada / USA Port of Entry border crossing, should specifically request the border security officer to stamp their passport.

Person employed outside Canada on a full-time basis by a Canadian business that does not serve primarily to allow a permanent resident to meet their residence requirement should be prepared to show written employment letters of assignment specifying the duration and terms and conditions of the assignment abroad. As well the resident should be in a position to provide a letter of declaration signed by an authorized officer of the Canadian business which indicates that:

The business is incorporated under the laws of Canada or a province;

The business has ongoing activity;

The nature of the business; length of time in operation in Canada and number of employees in Canada;

Pay statements;

Canadian Income Tax Notice of Assessment;

T4 slips;

Additional evidence that may be useful.

Adhering to these basic formalities will enable a Canadian a permanent resident to successfully address Canada’s flexible residency rules.

What happens if the 730 day obligation is not met?

Where a permanent resident appears at a Port of Entry, an officer will confirm that the person is a permanent resident of Canada. If the officer concludes that the 730 day physical residence obligation is not met, the result may be the loss of permanent resident status. If the permanent resident is inside Canada, immigration officers may conclude that the resident is in violation of their status and issue a departure order. The departure order will require the permanent resident to leave Canada. However, the decision to issue a departure order may be appealed. In this circumstance, a permanent resident has 30 days (upon reception of the departure order) to appeal to the Immigration Appeals Division (IAD). Note also, that if the departure order is not appealed within 30 days, permanent resident status will be lost.

The second circumstance is the loss of permanent resident status by a person outside of Canada. Where a permanent resident loses their status, a CIC immigration officer will inform them of the loss of status. The permanent resident has 60 days (upon reception of the written decision concluding that the permanent resident has not fulfilled the residency rules) to appeal to the Immigration Appeals Division (IAD) Here, if the appeal is not received by the IAD within 60 days of notification of the loss of status, permanent resident status will be lost.

Persons appealing a decision rendered by an officer from abroad may also be issued a temporary travel document, if they cannot otherwise travel to Canada without a visa, in order that they may attend their hearing in Canada. In this case, it is best that the appellant include the request to attend their hearing in Canada when they file their appeal, as this may save time and insure the greatest possible likelihood that all of the formalities may be concluded in order that an appellant may arrive in Canada in time to attend their appeal.

The Appeal Process

The Immigration and Refugee Protection Act provides permanent residents with an appellate review opportunity before the Immigration Appeal Division (IAD). The IAD, a court of equitable jurisdiction, consists of government appointed members who hear immigration appeals. The hearings are public, and have a similar organization as a proper court proceeding. The major difference is that rules of evidence in IAD matters are much more flexible than in a normal court case. The IAD has a broad discretionary power as to whom it hears admitting evidence. And to that end, IAD members consider what evidence has been submitted, questions of law, fact and to assess the presence of humanitarian and compassionate concerns. Most appeals of this type are contested and owing to the volume of such cases across Canada, can take approximately 12-18 months to conclude.

Eligible Students Under the H-1B Cap-Gap Regulations - CAP

2010-02-08T08:09:00.000-05:00

USCIS New Q&A on Extension of Post-Completion OPT and F-1 Status for Eligible Students Under the H-1B Cap-Gap Regulations

click here to read...

Withdrawn USCIS Memo on Signature Requirement

2010-02-05T07:23:00.002-05:00

AILA has updated that its liaison office has been informed that USCIS memorandum dated January 19, 2010, addressing signature requirements on applications and petitions, was posted to the USCIS website prematurely and is being withdrawn. USCIS intends to conduct a stakeholder engagement event early next week to discuss development and implementation of policies on signature requirements for applications and petitions.

Memorandum on "Acceptable" Signatures on Applications and Petitions

2010-02-04T07:29:00.003-05:00

USCIS released a memorandum issued by USCIS Acting Deputy Director, dated 01/19/2010, concerning Acceptable Signatures on applications and Petitions.

The first Hit: Non-employee legal representatives cannot sign the forms in place of their clients!!!! Any applications and petitions without the authorized signature of the petitioner or applicant in violation of this memorandum will be "rejected."

Please click here to read the memorandum

DS-160 effective in India starting Feb 1, 2010

2010-01-08T08:42:00.000-05:00

Its easy now for Visa applicants, the new web-based nonimmigrant visa application (NIV) form DS-160 will come into effect in all U.S. consular posts in India starting from February 1, 2010. The U.S. Department of State has issued a press release. Click here for the press release.

NSC on Three-year Indian Bachelor's degree

2009-11-19T08:34:00.000-05:00

In an April 12, 2007, AILA Liaison Committee meeting, representatives from the Nebraska Service Center discussed various ways in which the holder of a three-year Indian baccalaureate degree could qualify for the EB-2 category. See NSC Q&As on Business Issues here

Letter from USCIS - it is not the intent of the regulations that only a single-source foreign degree may satisfy the equivalent requirement.”

2009-11-19T07:43:00.000-05:00

A former high-ranking USCIS officer, Mr. Hernandez has opinedthat “it is not the intent of the regulations that only a single-source foreign degree may satisfy the equivalent requirement.” But his position on this issue has largely been ignored by the Service Centers. See Exchange of Letters between Efren Hernandez III, Director, Business and Trade Services, INS Office of Adjudications, and Aaron Finkelstein, HQ Doc. No. 70/6.2.8 (Jan. 7, 2003), online here

AAO Finds Profession of “Computer Software Engineer” Does Not Require Specified Field of Study for Bachelor’s Degree

2009-11-05T08:31:00.000-05:00

This is a wonderful decision from Administrative Appeals Office (AAO) especially for IT Consulting and Solutions Companies which says that While adjudicating a second preference employment based immigrant application seeking to permanently employ the advanced degree professional as a senior programmer/analyst, the AAO held that a “Computer Software Engineer” requires at least a bachelor’s degree, but that a degree in a specific field is not necessary according to the Occupational Outlook Handbook (OOH). The AAO also noted that alien’s accumulated extensive experience as a computer professional is enough for him to qualify for the aforementioned immigrant category.

Read the full decision at http://www.aila.org/ at here