Archive for September, 2009

Unlawful Presence & Canadian Citizens

9/26/2009 Written by Brian D. Zuccaro

SRW has learned that the Toronto PFI (Pearson) port of entry is charging Canadian nationals with unlawful presence provisions even if an I-94 with a set expiration date was not previously provided. Under section 212(a)(9)(B) of the Immigration and Nationality Act, noncitizens who were unlawfully present in the U.S. for more than 180 days, who [...]Read More >

New Glitch Discovered in ICERT System

9/24/2009 Written by Brian D. Zuccaro

The Department of Labor (DOL) has confirmed a new glitch with the iCERT system that can lead to LCA denials. Specifically, when registering a company or when adding a company to your account list, if the company‚Äôs FEIN begins with zero (“0″), the system drops some digits and inserts errant digits. The erroneous FEIN then [...]Read More >

Department Of State Provides Immigrant Visa Allocation Information

9/24/2009 Written by Brian D. Zuccaro

In connection with the notification that all employment-based visas had been allocated for FY2009, Charles Oppenheim, Chief, Immigrant Control and Reporting Division Visa Services Office, provided the following background explaining how the Department of State allocates visas through its Immigrant Visa Allocation Management System (IVAMS): USCIS submits requests for visa authorizations if all required case [...]Read More >

DOL Offers Guidance on Processing LCAS Under New ICERT System

9/23/2009 Written by Brian D. Zuccaro

On April 15, 2009, the Department of Labor (DOL) launched the iCERT Portal system. This created a new electronic system for the submission of Labor Condition Applications (LCAs). The new iCERT system has caused serious problems and delays with LCA processing. Normal LCA processing can now take 5-7 business days. If the DOL cannot verify [...]Read More >

DHS Proposes to Rescind Social Security No-Match Rule & SEVIS Data to be Integrated Into E–Verify

9/10/2009 Written by Brian D. Zuccaro

On August 19, 2009, the Department of Homeland Security (DHS) proposed to rescind the amendments promulgated on August 15, 2007, and October 28, 2008, relating to procedures that employers may take to acquire a safe harbor from receipt of no-match letters. The U.S. District Court for the Northern District of California had enjoined implementation of [...]Read More >