Badmus

From the American Immigration Council

Washington D.C. – During its nine-year history, issues have arisen with respect to restrictions on counsel by the Department of Homeland Security’s immigration agencies. Tuesday, in response to calls from the American Immigration Council and the American Immigration Lawyers Association, the U.S. Citizenship and Immigration Services (USCIS) issued immediate, comprehensive changes to their policies to ensure an appropriate role for attorneys in the immigration process.

Many noncitizens are forced to navigate the immigration process without representation because they cannot afford an attorney.  But even persons who can afford one, or are represented by a pro bono attorney, have at times faced severe restrictions on their representation.  This is particularly troublesome given the significant power USCIS officers wield.  For example, they decide whether a noncitizen is entitled to stay in the U.S. or not.  The assistance of an attorney well versed in the complexities of immigration law can help safeguard the rights of these noncitizens and ensure just outcomes.   

By revising its guidance, USCIS has responded to some of the most serious access concerns.  For example, the new guidance provides that an attorney generally may sit next to his or her client during an interview, may be permitted to submit relevant documents to the USCIS officer, and may raise objections to inappropriate lines of questioning. 

The American Immigration Council looks forward to commenting on the new guidance and working with the agency to make sure it is followed.  The other immigration agencies – Customs and Border Protection and Immigration and Customs Enforcement – should take note of USCIS’s commitment to improving access to counsel and take similar steps to recognize the meaningful role that attorneys play in protecting noncitizens’ rights.

To view the guidance see: 

• The Role of Private Attorneys and Other Representatives; Revisions to Adjudicator’s Field Manual (AFM) Chapters 12 and 15; AFM Update AD11-42

Categories: Blogroll,Employment Immigration,Family Immigration,General,Immigration Litigation and Removal,Legislation and Policy |

As you look to the New Year,  we want you to know that there are several reasons you should start your permanent residence “green card” process now to secure your future in the United States. 

First, there’s a limited number of employment based immigrant visas (green cards) issued each year because of the heavy demand. Some people wait for years! Processing time depends on the date you applied. So the longer you wait, the longer it will take to get your green card. There is already a long waiting list right now for green cards for physicians from India and China. And in fact, a recent bill in Congress, H.R. 3012 – Fairness for High-Skilled Immigrants Act, could create a two or three year waiting list for physicians and others from ALL countries if it becomes law! Even if the bill does not pass, acting now will start the process sooner and could cut years of waiting for your green card.   Click this link for more information about green card quota.  

Second, one way to get a green card is through PERM labor certification. But the employer must prove that qualified U.S. citizens or permanent residents are not available for your job. So if a qualified U.S. citizen applies for your job, you miss out on your green card! In today’s economy, there are potentially more applicants than ever. But this time of the year is still very slow for recruitment, especially for physicians, so starting now will increase your chances of securing your green card.

 Finally, immigration rules are constantly changing and not always for the better. Indeed, the government can make getting a green card harder or longer, or even eliminate the opportunity altogether! However, in most cases, the government can’t change the rules on you if you are already in the process. So act now and avoid new, unfavorable rules that can delay your green card.    

To get started – just call toll-free 888-849-9104 or email immigration@badmuslaw.com to schedule a brief consultation and start the process to get your green card.

Categories: Blogroll,Employment Immigration,General |

The Justice Department recently announced the launch of a live webinar series on avoiding workplace discrimination. The webinars coincide with the 25 th anniversary of the passage of the Immigration Reform and Control Act, which created the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC).

OSC enforces the anti-discrimination provision of the Immigration and Nationality Act (INA), which requires employers to treat all authorized workers in the same manner with respect to hiring, firing or recruitment or referral for a fee, regardless of their citizenship status or national origin. The law also prohibits discrimination during the Form I-9 and E-Verify processes.

Participation in the hour-long webinars is free and open to all. A webinar scheduled for 3:00 P.M. EST on Dec. 15, 2011, will advise employers and HR professionals on how to avoid workplace discrimination.

We are excited to add webinars to our toolkit as a means of educating workers about their rights and employers about their responsibilities under the INA, and to reach these audiences nationwide.” said Thomas E. Perez, the Assistant Attorney General in charge of the Civil Rights Division. “Federal law prohibits discrimination in the employment eligibility verification process, and the Justice Department is committed to enforcing the law.
For more information about protections against employment discrimination under the immigration law, call OSC’s worker hotline at: 1-800-255-7688 (1-800-237-2525, TDD for the hearing impaired); call OSC’s employer hotline at: 1-800-255-8255 (1-800-362-2735, TDD for the hearing impaired); send e-mail to:  osccrt@usdoj.gov or visit OSC’s website at www.justice.gov/crt/about/osc . If you wish to schedule a webinar for a large or specialized group, please contact OSC’s Public Affairs Specialist Terry Scott, at Terence.j.scott@usdoj.gov. For reasonable accommodation requests relating to webinars, contact Lyn Sowdon at Lyn.Sowdon@usdoj.gov.

Categories: Blogroll,Employer Compliance,Employment Immigration,General,Medical Professionals |

On December 6, 2011, the Department of Justice announced the filing of a lawsuit against the University of California, San Diego Medical Center, alleging that the medical center discriminated in the employment eligibility verification process against people who are authorized to work in the United States.

The department’s independent investigation revealed that the medical center engaged in a pattern or practice of subjecting newly hired non-U.S. citizens to excessive demands for documents issued by the Department of Homeland Security in order to verify and re-verify their employment eligibility, but did not require U.S. citizens to show any specific documentation. The Immigration and Nationality Act’s (INA) anti-discrimination provision prohibits employers from placing additional documentaryburdens on work-authorized employees during the hiring and employment eligibility verification process based on their citizenship status or national origin.

“All workers who are authorized to work in the United States have the right to work without encountering discrimination because of their immigration status or national origin,” said Thomas E. Perez, Assistant Attorney General for the Justice Department’s Civil Rights Division. “We are committed to vigorously protecting authorized workers from discrimination in the hiring process and ensuring that employers uphold their obligations under the law.”

The complaint seeks a court order prohibiting future discrimination by the respondent, monetary damages for any individuals harmed by the respondent’s actions, and civil penalties.

The Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA, which protects work-authorized individuals against discrimination in hiring, firing and recruitment or referral for a fee on the basis of citizenship status and national origin. The INA also protects all work-authorized individuals from discrimination in the employment eligibility verification process and from retaliation.

-From the Department of Justice

Categories: Blogroll,Employer Compliance,Employment Immigration,General |

Categories: Blogroll,Employer Compliance,Employment Immigration,General |

Categories: Blogroll,Employer Compliance,Employment Immigration,General |

Categories: Blogroll,Employer Compliance,Employment Immigration,General |

Categories: Blogroll,Employer Compliance,Employment Immigration,General |

Categories: Blogroll,Employer Compliance,Employment Immigration,General |

Categories: Blogroll,Employer Compliance,Employment Immigration,General |