Serotte Reich, LLP – Immigration Law

The government is changing its enforcement tactics and placing a greater emphasis on employers in the fight against unauthorized employment. While worksite raids targeting employees are down, audits and worksite visits targeting employers are up.   In July 2009, Immigration & Customs Enforcement (ICE) notified 652 businesses that their records will be audited.   In […]Read More >

As of September 25, 2009, approximately 46,700 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the […]Read More >

The Vermont Service Center (VSC) has sent out guidance on H-1B recapture filings. The VSC advises that keeping records of of passport stamps and I-94s is important in documenting time spent inside and outside of the U.S. SRW also includes additional evidence such as plane ticket stubs, travel itineraries and other available evidence. The guidance […]Read More >

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 >

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’s FEIN begins with zero (“0”), the system drops some digits and inserts errant digits. The erroneous FEIN then […]Read More >