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Immigration Law
Update June 19, 2009
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Immigration Law
Co-Practice Group Leaders
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IMMIGRATION LAW UPDATE
Roberta
Freedman and Michelle Funk Join Clark Hill PLC
Clark Hill is
pleased to announce that Roberta
Freedman and Michelle
Funk have joined the immigration practice group in Clark
Hill's Washington, DC office. Roberta Freedman is a member who
co-chairs the Immigration Practice Group and concentrates her
practice in the area of immigration and nationality law.
Roberta has more than 25 years of experience in representing clients,
including physicians, healthcare providers, business professionals,
outstanding professors and researchers, and Fortune 500 corporations.
Michelle Funk is an associate and concentrates her practice in the
area of immigration law with a focus on H-1B visas, PERM applications,
and J-1 interested government agency waivers. Michelle is
currently the Washington, DC Chapter Chair of the American
Immigration Lawyers Association. More information on Roberta
and Michelle can be found on
the Clark Hill website.
On
June 5, 2009, USCIS announced that it has received approximately
44,400 H-1B petitions toward the 65,000 available per fiscal year
under the general cap. USCIS continues to accept petitions
toward the general cap. In addition, the agency continues to
accept petitions toward the 20,000 US Master's cap. The H-1B is
a frequently utilized temporary work visa for professional
positions. For more information on the H-1B visa, see
the Clark Hill website.
Passport Requirement is Implemented
As
of June 1, 2009, pursuant to the Western Hemisphere Travel Initiative
(WHTI), individuals are not be permitted to enter the US from Canada
and Mexico without a passport or passport card. Information
regarding applying for or renewing a US passport can be found on the US
Department of State website. Information regarding
applying for a US passport card, a less expensive alternative to a
passport, can also be found on the US
Department of State website.
H-1Bs for Health Care Workers - Degree Not Required
On
May 20, 2009, USCIS issued a policy memorandum clarifying its
practice regarding H-1B applications for health care workers.
The memorandum recognizes that health care workers must possess an
"unrestricted state license" in order to qualify for H-1B
status and that it is not relevant whether the individual hold a
degree higher than a Bachelor's Degree.
DHS Begins Biometrics at Two US Airports
The
Department of Homeland Security has
begun a pilot program at two US airports to collect
biometric data in the form of digital fingerprints from non-US
citizens leaving the US. DHS Secretary Janet Napolitano has
stated the goal of the program is to quickly determine whether non-US
Citizens have departed the country on time, or have stayed in the US
past the time they have been authorized. The program is
currently being implemented at the Detroit and Atlanta
airports. All non-US citizens departing from these airports
should be expected to have their biometrics collected prior to
boarding their flights.
E-Verify Rule for Federal Contractors Suspended Until
September 8, 2009
The
rule requiring that most US federal contractors and qualifying
subcontractors use E-Verify has been delayed again until September 8,
2009 to give the Obama administration time to review the rule.
E-Verify is an electronic work authorization verification system
administered by the Department of Homeland Security (DHS). For more
on E-Verify visit
the DHS website.
Visa Priority Dates - July Visa Bulletin
The
July Visa Bulletin has been announced but not yet posted to the
Department of State website. Visas for all employment based
third preference cases are currently unavailable. This is
expected to go back to dates posted in the
April 2009 Visa Bulletin in October 2009 when the
government's fiscal year begins. For a summary of priority
dates, retrogression, and how these dates impact US green card processing,
please visit
the Clark Hill website.
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To find out
more about Clark Hill and our Immigration and Empoyment Practice
Groups, visit clarkhill.com
or call 800.949.3124.
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