Clark Hill

Immigration Law Update  May 19, 2009 

 

Immigration Law
Practice Group Leader

Michael P. Nowlan

Michael P. Nowlan
313.965.8666

 

 

 

Contributor

Kett b&w 

Karen M. Kett  313.965.3457

 

 

IMMIGRATION LAW UPDATE

 

 

Passport Deadline Reminder

Beginning June 1, 2009, pursuant to the Western Hemisphere Travel Initiative (WHTI), individuals will 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 websiteInformation 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

 

Detroit Passport Agency Opens

 

On March 16, 2009, the US Department of State opened the Detroit Passport Agency.  The Agency is located in downtown Detroit at 211 West Fort Street.  The Agency will accept appointments from US citizens who have international travel plans within 14 days of scheduling the appointment. The agency has the capability to issue US Passports on-site to qualifying applicants.  For more information on the Detroit Passport Agency, see the Department of State's website.

 

H-1B Cap Not Yet Reached

 

On May 4, 2009, USCIS announced that it has received approximately 45,000 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.  

 

Extension of J-1 Wavier Announced

 

On May 11, 2009, USCIS announced an extension of the J-1 entry date to September 30, 2009, for international medical graduates to take advantage of the "Conrad 30" waiver.  The J-1 Non-Immigrant Exchange Visitor Visa allows a variety of individuals, including foreign medical graduates, to come to the US to participate in cultural and educational programs.  For more information about the J-1 Visa, see the Clark Hill website.  The "Conrad 30" Waiver allows foreign medical graduates to obtain a waiver of the two-year foreign residence requirement if the graduates practice medicine for at least three years in a medically underserved area.  Before the extension, the last date for qualifying for admission was March 6, 2009. 

 

US Immigration and Customs Enforcement (ICE) Updates

 

Below are summaries of recent efforts by the US Immigration and Customs Enforcement (ICE) to enforce laws related to employment of persons not authorized to work in the US.    

 

Restaurant Owner Sentenced
On May 6, 2009, ICE announced that the owner of a Wisconsin Chinese restaurant had been sentenced to  fifteen months in prison following a conviction of harboring unauthorized workers to work at his restaurant.

 

Maryland Employer Pleads Guilty
On April 23, 2009, ICE announced that a Maryland employer had pled guilty to hiring unauthorized workers for his paint business and to money laundering.  The employer faces a maximum penalty of five years in prison for hiring unauthorized workers and a maximum of ten years in prison for money laundering. 

 

Visa Priority Dates - June Visa Bulletin

 

The June Visa Bulletin has been posted.  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.

 

 

 

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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