Chamber of Commerce of United States v. Whiting (SCOTUS 5/26/2011) Since January 1, 2008, all employers in Arizona have been required to use the E-Verify system to check the employment eligibility of new employees. E-Verify is a federal electronic database program whereby an employer may check the immigration status of a job candidate electronically. The […]
Archive for the ‘Business Related’ Category
Companies in Arizona May Have Business Licenses Revoked for Hiring Unauthorized Aliens
May 27th, 2011 
Max Nuyen BIA Accepts More Reasonable Method of Establishing Nationality for American Corporations
October 25th, 2010 Max Nuyen Matter of Chawathe (BIA 2010) Because the issued involved in citizenship cases are so straightforward, they rarely get appealed. When it does happen, however, the lessons which emerge can be useful. Matter of Cahwathe involved an employee of ChevronTexaco who had applied for naturalization. In order to qualify for naturalization, he must establish, among other […]
Posted in Business Related, Citizenship 
Tags: american firm, continuous residence, Matter of Chawathe, naturalization, overseas employment 
Comments Off on BIA Accepts More Reasonable Method of Establishing Nationality for American CorporationsNinth Circuit Clarifies Eligibility for “Grandfathering” of 245(i) Benefits for Spouses
October 8th, 2009 Max Nuyen Landin-Molina v. Holder (9th Cir. 2009) Before 1952, the general rule in immigration law was that one had to be outside the United States in order to be eligible to receive an immigration visa. American embassies and consular offices in foreign countries issued such visas, which permitted the recipient to enter the U.S. and live […]
Posted in Business Related, Deportation and Detention, Family Based Tags: 245(i), adjustment of status, grandfathering, Ladin-Molina v. Holder, permanent residence Comments Off on Ninth Circuit Clarifies Eligibility for “Grandfathering” of 245(i) Benefits for SpousesUSCIS Unveils New Website Design
September 24th, 2009 Max Nuyen On Tuesday, DHS Secretary Napolitano unveiled a redesigned USCIS website. I think the site does look better and is easier to navigate. The changes are not just cosmetic, though, because the site now includes tools and apps which allows you to track the status of your citizenship application, update your immigration records, and access forms. There is also a Spanish language version of the site. One […]
Posted in Business Related, Citizenship, Family Based, Uncategorized Tags: immigration, immigration forms, Napolitano, pending applications, USCIS, website Comments Off on USCIS Unveils New Website DesignFederal Anti-Discrimination Laws May Not Protect Undocument Workers
September 15th, 2009 Max Nuyen Iweala v. Operation Technologies Services, Inc. (D.C. District Court, 2009) This case would be a run of the mill discrimination case except for the fact that it may have significant implications for employees who do not have work authorization. The case also signals a brewing rift between the different federal appellate circuits regarding the issue […]
Requirement for Federal Contractors to Use E-Verify Passes Legal Challenge
August 25th, 2009 Max Nuyen Chamber of Commerce of the United States v. Napolitano This was not unexpected, but the government won a significant victory in its decision to require that federal contractors use E-Verify. Since January 2009, pursuant to an executive order from President Bush, all contractors holding over $100,000 in federal contracts must use E-Verify to check the […]
Employer Not Responsible for Visa Fees and Recruiting Expenses for H-2B Workers
August 14th, 2009 Max Nuyen Castellanos-Contreras v. Decatur Hotels (5th Cir. 2009) This case illustrates the increasing complexity and frequency of the interplay between immigration law and labor law, two seemingly disparate legal bodies. It involves a group of H-2B guest workers and an employer who hired the guest workers due to a labor shortage caused by Hurricane Katrina. The […]
Posted in Business Related Comments Off on Employer Not Responsible for Visa Fees and Recruiting Expenses for H-2B WorkersImmigration Opportunities for Non-Minister Religious Workers Ending Soon
August 7th, 2009 Max Nuyen U.S. immigration laws allow persons involved with certain religious occupations to apply for permanent resident status. To qualify as a religious worker, you don’t actually have to be a priest or minister, as INA § 101(a)(27)(C)(ii)(II) and (III) permit religious workers who are non ministers to apply for immigration benefits (e.g., a church music director may qualify as a non-minister […]
Posted in Business Related Comments Off on Immigration Opportunities for Non-Minister Religious Workers Ending SoonMore H-2B Visas Available for 2009
August 6th, 2009 Max Nuyen USCIS announced today that they are reopening the H-2B filing period for the 2009 fiscal year due to the availability of 25,000 unused visas in this category. If you’re looking to hire temporary (seasonal) nonagricultural workers for the 2009 fiscal year, this is a good opportunity. The deadline to take advantage of 2009 H-2B program is October 1, 2009.
ICE Steps Up Audit Program
July 9th, 2009 Max Nuyen On July 1 this year, ICE issued over 650 I-9 audit notices to various companies. This is more than the total number of audit notices ICE issued in all of 2008. It’s part of ICE’s overall strategy of targeting employers for immigration enforcement. ICE seems to be addressing a much criticized aspect of its enforcement strategy–that it doesn’t do […]