This week we write about a couple of important developments in immigration law. First, USCIS and the Department of Labor have jointly proposed a rule to dramatically simplify the application process for H-2B cases. The proposal mimics the PERM program recently unveiled for green card applications in that it no longer requires employers to go through the manual labor certification process prior to filing an H-2B application. Employers will need to recruit and make attestations regarding the lack of availability of American workers on the H-2B application. Heavy penalties will be imposed on employers who are not honest in their applications. No labor certification application would need to be submitted for most applications. This should dramatically ease and speed up processing for H-2B cases. Of course, that will be a moot point for many since the H-2B cap quickly filled up this year. Look for Congress to address this issue soon.
This week we review two US Supreme Court decisions that will have an important effect on the treatment of people in deportation proceedings. In one case, the Court ruled that people could be deported back to their home country even if the home county does not consent. The case specifically addressed a Somali man who argued that the lack of a government in that country meant he could avoid deportation. The Court ruled that DHS could still deport him to Somalia. The other case re-confirmed an earlier decision that requires the government to release undeportable people if they can prove after six months that they still cannot be removed. The case dealt with a Cuban man.
Apologies to folks who may have had difficulty reaching folks in our firm over the last week. We've been going through various upgrades to our computer system and some messages were inadvertantly bounced back to senders.
In firm news, I'm participating in next Monday's pILW.com phone seminar covering major recent immigration-related developments in Congress. Several of the top immigration lawyers in the country will be participating. You can get a preview of the topics to be covered, biographies of the speakers and an online registration form by going to www.ilw.com.
My firm, Siskind Susser, is seeking an attorney with at least three years of business immigration experience to join our Memphis office. We're also looking for a business immigration paralegal in Memphis. A qualified candidate should have at least five years of relevant experience. If you're interested, please email your CV to me at firstname.lastname@example.org.
Finally, as always, we remind readers that we're lawyers who make our living representing immigration clients and employers seeking to comply with immigration laws. We would love to discuss becoming your law firm. Just go to http://www.visalaw.com/intake.html to request an appointment or call us at 800-748-3819 or 901-682-6455.
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