News Update - August 11, 2007
By Alan Lee, Esq.†‡
News Nuggets
An advance copy of the final regulation by U.S.I.C.E. for a crackdown
on employers receiving mismatch letters from Social Security or
DHS letters that the employment authorization document or immigration
status of the employee is not his or hers reveals that the agency
will look at the totality of circumstances to determine if the employer
had constructive knowledge of illegal employment including that
knowledge can be imputed by an employer's sponsorship of an immigrant
visa or labor certification, and that a safe harbor for employers
includes attempts to resolve the mismatch and if not resolvable
within a certain period time, for the employer to verify the employee's
identification and employment authorization through a specific process;
The Service Center Operations/American Immigration Lawyers Association
biweekly conference of early July revealed that the U.S.C.I.S. will
not provide guidance or advice on the merits of filing multiple
I-485 adjustment of status applications to permanent residence for
the same person; and that where the wife was filed as an I-485 derivative
and later obtained I-140 preference petition approval under the
employment based first category, she could not flip her pending
I-485 application to become the principal but would have to withdraw
and refile.
The Nebraska Service Center "Other" product line conference
call in late July revealed that the U.S.C.I.S. will expedite I-765
employment authorization applications for L-2's, E-1/E-2 dependents,
J-2's or F-1 OPT (optional practical training) applicants if they
have a job offer with an immediate start date; that a reentry permit
application requires the original former reentry permit to be attached;
that permanent residents can apply for either reentry permits or
refugee travel documents; and that the Nebraska Service Center will
not reject an I-485 application where a J exchange visitor waiver
is required and the applicant only has a recommendation from the
Department of State.
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