WOLFSDORF IMMIGRATION LAW
GROUP
OCTOBER 2009 NEWSLETTER
1. Are you Ready for an I-9 Audit? Missed Our Prior I-9 Web
Seminars? Here are Other Opportunities to Get Your I-9's in Order!
Don’t miss the chance to listen to the I-9 Web Seminar that has received
overwhelming praise from employers. Register for the next Wolfsdorf
Immigration Law Group I-9 Web Seminar being held on the following dates:
Tuesday, October 27, 2009 between 10:30 am and 12:30 pm (PST).
Tuesday, November 3, 2009 between 10:30 am and 12:30 pm (PST).
Tuesday, November 10, 2009 between 10:30 am and 12:30 pm (PST).
Thursday, December 3, 2009 between 10:30 am and 12:30 pm (PST).
Here is what leading professionals are saying about the Wolfsdorf
Immigration Law Group’s I-9 Web Seminar:
"The I-9 seminar with Wolfsdorf covered a large breadth of information in a
simple and detailed fashion." -- Caroline Galbraith, Vice President of Human
Resources, Rhythm & Hues Studios
"...the I-9 seminar was great! Bernie and TL were great presenters that
provided useful information as far as I-9 compliance guidelines, changes in
the Form I-9, auditing, and basic practices to follow. Our company is also
in the process of implementing e-verify, so that section of the presentation
was the most helpful. I felt that the Q&A portion was also the most
informative because we were able to ask questions on the spot and received
detailed responses. I would 100% attend another seminar!" -- Pam Wong,
Employee Relations Specialist, Comcast Entertainment Group
“With the maze of new I-9s requirements, this Webinar is an absolute must
for all companies. The information was practical, relevant and incredibly
timely. We thought the Q and A session was especially informative and really
helped us focus on ensuring our policies and procedures are current.” --
Abby Walsh, General Counsel, CBOL Corporation
"I thought the webinar was excellent, I learn something new every
time...Would love for webinar’s like this to be done regularly, on all
topics as [I] always have so many questions about visas, forms, etc." --
Jamie Miller, HR - News Corporation
“The information provided will certainly make the entire I-9 process easier
and more efficient for me.” -- Manny, Human Resources, Twentieth Century Fox
"This program is excellent and provides critical guidance to H.R." --
Sandra, H.R. Director at major apparel company
For more information and to register please contact Art Rivadeneyra at
art@wolfsdorf.com.
2. Change in CBP Policy on Deferred Inspection of Legal
Permanent Residents with Criminal Convictions
During a teleconference with the AILA/CBP National liaison committee on
September 29, 2009, CBP National Headquarters confirmed that, beginning on
October 1, 2009, there is a greater likelihood that returning Legal
Permanent Residents (LPRs) with criminal convictions will be issued a Notice
to Appear (NTA) at ports of entry versus a grant of deferred inspection. In
addition, depending on the nature of the conviction, CBP staffing, and
available detention bedspace, among other factors, it also is possible that
more returning LPRs with criminal convictions will be detained. CBP
confirmed, however, that deferred inspection for such returning LPRs is
still an option. CBP explained that it modified its policy based on
information reflecting that an appreciable percentage of those granted
deferred inspection do not show up for such inspection. More guidance to the
field will be forthcoming from CBP, but be aware of the likelihood of an
increase in the number of LPRs being detained and/or issued NTAs at ports of
entry. CBP confirmed that this policy already had been in place in Georgia
and Florida.
The committee raised the following points: LPRs cannot be detained if they
are in possession of evidence that proves that their conviction does not
render them inadmissible pursuant to INA 212(a)(2). They also noted with
great concern that the Ninth and Fourth Circuit Courts of Appeals have ruled
that returning LPRs with pre-1997 convictions cannot be lawfully charged by
CBP as inadmissible pursuant to INA 212(a)(2), and, therefore, detaining
them as returning LPRs at Ports of Entry under these circumstances would not
be a lawful action by CBP.
If you have any criminal arrest or conviction on your record,
whether from the United States or abroad, please contact your Wolfsdorf
attorney with advance notice prior to international travel. In light of
increased CBP enforcement and vigilance for criminal issues, we recommend
that clients travel prepared to answer questions and provide documentation
to CBP to prove their admissibility.
3. Alert: Be Prepared for Surprise Enforcement Site Visits
As part of the Department of Homeland Security's stepped-up enforcement
efforts that include increased audits of businesses to detect immigration
and labor law violations, employers are reporting random, unannounced visits
by the Fraud Detection and National Security Division (FDNS) of USCIS. FDNS
inspectors often use a script of questions and ask to speak with an employer
representative and any foreign workers. FDNS is also using what it learns to
add fraud indicators to its database in an effort to identify patterns and
potential fraud during adjudications.
Wolfsdorf Immigration Law Group recommends that employers prepare for
immigration-related worksite inspections by developing and implementing
robust compliance policies, auditing their I-9s and H-1B public access
files, and planning in advance how to respond when immigration agents visit.
Wolfsdorf Immigration Law Group also recommends designating an immigration
compliance officer, who should contact immigration counsel immediately upon
an FDNS site visit, and implementing an investigation response plan in
advance that includes everyone from upper management to receptionists.
Contact your Wolfsdorf attorney for help in preparing for potential onsite
FDNS inspections.
4. U.S. Department of State Announces Diversity Visa (Green Card
Lottery) Registration Period
The U.S. Department of State has recently announced that that the online
registration period for the Diversity Visa Lottery Program for Fiscal Year
2011 (DV-2011) will be October 2, 2009 until November 30, 2009. The official
online application form is available only on the Department of State
Diversity Visa online entry website at
www.dvlottery.state.gov, which
will be accessible on the first day of the registration period. The
Congressionally mandated Diversity Immigrant Visa
Program makes available 50,000 diversity visas (DV) annually, drawn
from random selection among all entries to persons who meet strict
eligibility requirements from countries with low rates of immigration to the
United States.
5. USCIS Issues Guidance on E-Verify Federal Contractor Rule
U.S. Citizenship and Immigration Services (USCIS) reminded federal
contractors and subcontractors that effective September 8, 2009, they "may
be required" to use the E-Verify system to verify their employees'
eligibility to work in the United States if their contract includes the
Federal Acquisition Regulation (FAR) E-Verify clause. The regulation states
that federal contracts will be awarded only to employers who use E-Verify to
check employee work authorization.
The E-Verify federal contractor rule extends use of the E-Verify system
to cover both federal contractors and subcontractors, including those who
receive American Recovery and Reinvestment Act funds. Applicable federal
contracts awarded and solicitations issued on or after September 8 will
include a clause committing government contractors to use E-Verify.
Companies awarded a contract with the E-Verify clause are now required to
enroll in E-Verify within 30 days of the contract award date. With certain
exceptions, E-Verify must be used to confirm that all new hires, whether
employed on a federal contract or not, and existing employees directly
working on these contracts are legally authorized to work in the U.S.
More than 148,000 participating employers at nearly 560,000 worksites
nationwide currently use E-Verify to electronically verify their workers'
employment eligibility, according to USCIS. The agency noted that since
October 1, 2008, more than 7.8 million employment verification queries have
been run through the system and approximately 96.9 percent of all queries
are now automatically confirmed as work-authorized within 24 hours or less.
The USCIS announcement is available at
http://www.uscis.gov/USCIS/Office%20of%20Communications/Press%20Releases/FY%2009/September%202009/EVerifyFederalContractorRule8Sep09.pdf.
6. E-Verify Supplemental Guide for Federal Contractors
USCIS has issued the E-Verify Supplemental Guide for Federal Contractors.
The guide discusses regulations affecting federal contractors; instructions
for verifying new and existing employees; E-Verify enrollment and
participation as a federal contractor; enrollment instructions for certain
organizations that qualify as exceptions; qualifying contracts, exemptions,
and exceptions; subcontractors, independent contractors, and affiliates; and
information for designated agents.
The guide is available at
http://www.uscis.gov/USCIS/E-Verify/Federal%20Contractors/Supplemental%20Guidance%20for%20Federal%20Contractors%20082709%20FINAL.pdf.
Other E-Verify guidance includes the E-Verify User Manual for Employers,
available at
http://www.uscis.gov/files/nativedocuments/E-Verify_Manual.pdf, and the
E-Verify User Manual for General Users, Program Administrators and
Designated Agents, available at
http://www.uncp.edu/hr/employment/E-VerifyUserManual.pdf.
7. October Visa Bulletin Shows EB-3s Backlogged 7 Years
The Department of State's October 2009 Visa Bulletin shows a cut-off date
for employment-based third preference visa numbers of June 1, 2002, for all
chargeability areas except for China-mainland born (February 22, 2002);
India (April 15, 2001); Mexico (May 1, 2002); and Philippines (June 1,
2002).
All chargeability areas are current for EB-2 numbers, except for
China-mainland born (March 22, 2005), and India (January 22, 2005). For the
third preference "Other Workers" category, all chargeability areas have a
cut-off date of June 1, 2001, except for India (April 15, 2001).
The Visa Bulletin for October 2009 is available at
http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html
8. Labor Dept. Issues Proposed Rule on Temporary Agricultural
Employment of H-2As
The Department of Labor's Wage and Hour Division proposes to amend its
regulations governing the certification of temporary employment of
nonimmigrant workers in temporary or seasonal agricultural employment and
the enforcement of the contractual obligations applicable to employers of
such nonimmigrant workers. The proposed rule reexamines the process by which
employers obtain a temporary labor certification from the Department for use
in petitioning the Department of Homeland Security (DHS) to employ a
nonimmigrant worker in H-2A status. The Department also proposes to provide
for enforcement under the H-2A program so that workers are protected when
employers fail to meet the requirements of the H-2A program.
The proposed rule, which includes a number of requirements and a proposed
timetable under the proposed H-2A program, is available at
http://edocket.access.gpo.gov/2009/pdf/E9-21017.pdf. The Department made
a technical correction to the proposed rule, available at
http://edocket.access.gpo.gov/2009/pdf/E9-21274.pdf.
9. DHS Proposes Nonimmigrant Investor Visa Classification for
Northern Marianas
Department of Homeland Security (DHS) issued a proposed rule on September
14, 2009, proposing to recognize a Commonwealth of the Northern Mariana
Islands (CNMI)-specific nonimmigrant investor visa classification. The "E-2
CNMI Investor" status is one of several CNMI-specific provisions in the
Consolidated Natural Resources Act of 2008, which extended most provisions
of federal U.S. immigration law to the CNMI. This status would be available
only to investors in the CNMI who have been granted a qualifying status by
the CNMI before the "transition period," which begins on November 28, 2009,
and ends on December 31, 2014. With E-2 CNMI Investor nonimmigrant status,
eligible CNMI investors would be able to remain in the CNMI for an initial
period of two years, and the period would be renewable through the duration
of the transition period. CNMI investors would be able to exit and enter the
CNMI with valid E-2 CNMI Investor visas.
The proposed rule is available at 74 Fed. Reg. 46938 (Sept. 14, 2009) (
http://edocket.access.gpo.gov/2009/pdf/E9-21967.pdf ). Related
questions-and-answers are available at
http://www.uscis.gov/USCIS/Office%20of%20Communications/Press%20Releases/FY%2009/September%202009/CNMI_InvestorQandA.pdf.
10. OMB Extends I-9 Approval to August 31, 2012
USCIS announced on August 27, 2009, that the Office of Management and
Budget has extended its approval of Form I-9 (Employment Eligibility
Verification Form) to August 31, 2012. Consequently, USCIS has amended the
form to reflect a new revision date of August 7, 2009.
Employers may use Form I-9 with a revision date of either August 7, 2009, or
February 2, 2009. The revision dates are located on the bottom right-hand
portion of the form.
The announcement is available at
www.uscis.gov under News.
11. Congress Examines E-Verify and EB-5 Immigrant Investor
Programs
The Senate recently held hearings on the E-Verify employment verification
program and the EB-5 immigrant investor program.
The Senate Judiciary Committee held a hearing on July 20, 2009 about the
recent decision to make E-Verify mandatory for federal contractors. Sen.
Russ Feingold (D-Wis.) expressed his concern about implementing E-Verify
"without first fixing the current problems with the system." He noted that
according to a 2006 report by the Social Security Administration's Inspector
General, "the data set on which E-Verify relied contains errors in 17.8
million records, affecting 12.7 million U.S. citizens. If E-Verify becomes
mandatory before these errors are fixed, millions of Americans could be
misidentified as unauthorized to work." Sen. Feingold's statement is
available at:
http://judiciary.senate.gov/hearings/hearing.cfm?id=3982.
On July 22, 2009, The Senate Judiciary Committee held a hearing on
"Promoting Job Creation and Foreign Investment in the United States: An
Assessment of the EB-5 Regional Center Program." Sen. Patrick Leahy (D-Vt.)
noted in his opening statement that the EB-5 Immigrant Investor Regional
Center Program is set to expire at the end of September, and that making the
program permanent "is a critical first step to its continuing success." Sen.
Leahy noted that the program "has been responsible for the investment of
hundreds of millions of dollars, and the creation of tens of thousands of
jobs in American communities since 1993." Sen. Leahy's statement is
available at:
http://judiciary.senate.gov/hearings/hearing.cfm?id=3998.
12. SEVIS Data To Be Integrated Into E-Verify
In fiscal year 2010, the Department of Homeland Security (DHS) plans to
improve the E-Verify system's ability to automatically verify international
students and exchange visitors through the incorporation of Student and
Exchange Visitors Information System (SEVIS) data into E-Verify. E-Verify is
a means of checking a worker's employment authorization. According to the
DHS, by incorporating SEVIS nonimmigrant student visa data into the
automatic initial E-Verify check, the number of students and exchange
visitors who receive initial mismatches should be reduced. In 2010, the DHS
will launch a new version of SEVIS (SEVIS II), which will include employment
eligibility information that E-Verify will be able to access electronically.
Currently, the SEVIS database is checked manually by immigration status
verifiers after an initial mismatch occurs.
DHS's proposed rule is available at:
http://edocket.access.gpo.gov/2009/pdf/E9-19826.pdf.
13. Seventh Circuit Affirms Time Limits on Labor
Certifications
The Seventh Circuit Court of Appeals recently ruled that the Department
of Labor's regulation setting time limits on grants of labor certification
was legal. Specifically, the regulation states that an approved permanent
labor certification expires if not filed in support of an I-140 petition
within 180 calendar days of the date the DOL granted the certification.
The case is available at:
http://adnet-nyc.com/Article/durable.pdf.
14. USCIS Resumes Premium Processing for Nonimmigrant
Religious Workers
After a suspension of several years, USCIS announced that it has resumed
premium processing service for R-1 nonimmigrant religious worker petitions
filed by certain petitioners. Only petitioners who have successfully passed
an on-site inspection are eligible to file under premium processing service.
Under the premium processing service, a petitioner may seek expedited
handling for a $1,000 processing fee.
The announcement is available at
www.uscis.gov under News.
15. DHS Announces New Directives on Border Searches of Electronic
Media
On August 27, 2009, Department of Homeland Security (DHS) Secretary Janet
Napolitano issued a press release announcing new directives on DHS searches
of computers, mobile phones, cameras, music and media players, and other
electronic media at U.S. ports of entry. On August 20, 2009 and August 18,
2009, U.S. Customs and Border Protection (CBP) and U.S. Immigration and
Customs Enforcement (ICE) each issued, respectively, directives to provide
guidance, policy and procedures in conducting border searches of electronic
media consistent with DHS authority to search other sensitive non-electronic
materials, such as briefcases, backpacks and notebooks.
The CBP directive provides that:
Officers may encounter materials that appear to be legal in nature, or an
individual may assert that certain information is protected by
attorney-client or attorney work product privilege. In these circumstances,
the CBP may search the information if an Officer suspects that the content
of such a material may constitute evidence of a crime or otherwise pertain
to a determination within the jurisdiction of CBP. A limitation is that the
Officer must seek advice from the CBP Associate/Assistant Chief Counsel
before conducting a search of the material.
• Other possibly sensitive information, such as medical records and
work-related information carried by journalists will be handled in
accordance with applicable federal law and CBP policy.
• Officers encountering business or commercial information in electronic
devices may seize this information. They are, however, instructed to treat
such information as business confidential information and protect that
information from unauthorized disclosure.
• Information that is determined to be protected by law as privileged or
sensitive may be shared with any other federal agencies that have mechanisms
in place to protect appropriately such information.
According to the CBP guidance, an officer at the border may "detain"
electronic devices or copies of information contained in them for "a
reasonable period of time to perform a thorough border search," which may
take place either on-site or at another location. The guidance states that
unless extenuating circumstances exist, the detention of such devices
ordinarily should not exceed five days and should be completed "as
expeditiously as possible." Supervisory approval is required for detaining
electronic devices, or copies of information contained in them, for
continuation of a border search after an individual's departure. Port
Director, Patrol Agent in Charge, or other equivalent level manager approval
is required to extend any such detention beyond five days.
In addition to the parameters in which the CBP and ICE can seize electronic
media, DHS said the new directives will also allow the agency "to develop
automated, comprehensive data collection and analytic tools to facilitate
accurate, thorough reporting on electronic media searched at the border, the
outcomes of those searches and the nature of the data searched." The press
release noted that between October 1, 2008, and August 11, 2009, CBP
encountered more than 221 million travelers at U.S. ports of entry. CBP
conducted approximately 1,000 laptop searches during that time. Of those, 46
were "in-depth."
The DHS press release is available at:
http://www.dhs.gov/ynews/releases/pr_1251393255852.shtm.
16. USCIS Says Fees May Rise
Alejandro Mayorkas, the new director of USCIS, said recently that the
agency has received a significantly lower number of applications lately and
that the resulting decline in revenue could lead to higher application fees.
At a press conference in Albuquerque, New Mexico, on September 24, 2009, Mr.
Mayorkas said there is a $118 million budget shortfall and that he has asked
for Congress's help. "The potential fee increase is not something that is
taken lightly. We understand very well its impact upon the community. In my
personal view, it would be something of [a] last resort.”
Mary Giovagnoli, Director of the Immigration Policy Center, noted that an
increase in fees could result in even fewer applicants. "Congress has been
really reluctant to revisit this whole idea that we shouldn't be trying to
finance our immigration system basically solely on the backs of applicants.
I think the agency and the applicants are both kind of caught between a rock
and [a] hard place.”
Fee increases were imposed two years ago, but a budget gap remains. For more
on the drop in applications and its effect on USCIS's budget, see
http://www.abqjournal.com/news/state/apimmigrationfees09-14-09.htm. A
news article about Mr. Mayorkas' press conference is posted at
http://www.abqjournal.com/news/state/apimmigfeesmayorkas109-24-09.htm. A
USCIS Q&A on paying immigration fees and what types of payment are accepted
is available at
http://www.uscis.gov/files/article/Check_Instructions.pdf. For more
guidance on how to pay immigration fees, see
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3850a99ba78af110VgnVCM1000004718190aRCRD&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190aRCRD.
17. Labor Dept. Issues FAQ on LCAs
The Department of Labor recently issued frequently asked questions (FAQ)
about the new iCERT Portal and the newly redesigned ETA Forms 9035 and
9035E. Topics discussed include how to correct an invalid federal employer
identification number after denial of a labor condition application (LCA) on
that ground; filing on behalf of a new company created through a merger,
acquisition, or sale; what contact information to enter for employer point
of contact; how to enter a prevailing wage survey on the new LCA; and how to
withdraw an LCA after receiving certification via the iCERT Portal.
The FAQ is available at
http://www.foreignlaborcert.doleta.gov/pdf/FAQ_iCERT_090909_%20FINAL_Elissa_090909.pdf.
A press release is available at
http://www.uscis.gov/USCIS/New%20Structure/Press%20Releases/FY%2009/September%202009/website_redesign.pdf.
18. USCIS Announces New Web Site Design
U.S. Citizenship and Immigration Services (USCIS) says its redesigned Web
site, in English and Spanish, is more customer-centric, providing users with
a "one-stop shop" for immigration services and information.
Before the redesign, users described the USCIS Web site as "frustrating" and
"hard to navigate." The new "Where to Start" tool, located on the top left
of the homepage, allows for direct navigation to information.
By clicking on the first drop-down menu, users have the opportunity to
choose who they are from a number of options. After selecting who they are,
clicking on the second drop-down menu allows them to select what they want
to do.
USCIS says the "Where to Start" tool will take users to the information they
want without having to search the entire site. Applicants for citizenship
may also follow the progress of their cases online, and receive
notifications via e-mail or text messages when their application status
changes.
The USCIS Web site is at http://www.uscis.gov/portal/site/uscis. A related
fact sheet is available at
http://www.uscis.gov/USCIS/New%20Structure/Press%20Releases/FY%2009/September%202009/Where%20to%20Start%20Fact%20Sheet_ckn%2016Sept09.pdf.
19. Interim EADs Issued to Salvadorans
USCIS announced that interim Employment Authorization Documents (EADs)
will be issued to Salvadoran temporary protected status (TPS) beneficiaries
who have not yet received a final action on their re-registration
applications and whose re-registration applications have been pending for
more than 90 days.
Initially, the expiration date for Salvadoran EADs was March 9, 2009. USCIS
automatically extended the EAD validity period to September 9, 2009. USCIS
said that issuance of the interim EADs will allow TPS beneficiaries to
continue working while the agency completes processing of their
re-registration applications.
Any applicant who receives an interim EAD must still respond to any USCIS
requests, including for additional evidence, documents, or
biometric/fingerprint appointments. To maintain employment authorization
through September 9, 2010, an applicant had to respond to any USCIS requests
and resolve all issues so that a new EAD could be provided.
For more information, see
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5de2eb7cf98c3210VgnVCM100000b92ca60aRCRD&vgnextchannel=a2dd6d26d17df110VgnVCM1000004718190aRCRD.
20. Global Entry Program Now Available at Detroit Airport
Global Entry, U.S. Customs and Border Protection's (CBP) new clearance
system for international air passengers, is now open at Detroit Metropolitan
International Airport.
Global Entry allows pre-screened, approved, registered travelers (including
U.S. citizens, lawful permanent residents of the U.S. and citizens of
certain other countries) to use automated kiosks to receive expedited
processing upon arrival at Detroit Metropolitan Airport.
Global Entry participation is voluntary. Participants must possess a
machine-readable U.S. passport or permanent resident card, pay a
non-refundable $100 application fee, submit an online application, and
complete an interview at a CBP enrollment center.
Global Entry is now available at Miami, Atlanta, Los Angeles, Chicago, Sea-Tac,
Dallas, Newark, San Francisco, Boston, Orlando, Honolulu, Las Vegas,
Orland-Sanford, Philadelphia, San Juan and Fort Lauderdale, as well as
Detroit.
The Detroit announcement is available at
http://www.cbp.gov/xp/cgov/newsroom/news_releases/09182009_4.xml.
Additional information on the Global Entry program (including enrollment
application) is available at
http://www.cbp.gov/xp/cgov/travel/trusted_traveler/global_entry/.
GLOBAL IMMIGRATION NEWS
21. Turkish Immigration - AMS Visas
Hans is a software technician working for Finance Software, GmbH, which
produces highly specialized banking software products. Finance Software has
signed a major contract to produce, install, and customize its software for
a Turkish bank. Because the software products are very complex and must be
customized on site, Hans must spend several months in Turkey for
installation work. Does Hans need a work permit in Turkey? Fortunately not,
but instead he will need to obtain an Assembly and Maintenance Service (AMS)
visa.
Under Turkish immigration law, under certain conditions a work permit is not
needed if an employee of a foreign entity engages in assembly and
maintenance service work in Turkey for the benefit of a receiving Turkish
company if the equipment subject to maintenance and installation services
was imported to Turkey. An AMS visa is applicable to many categories of
"assembly and maintenance" work, including computer software and hardware,
complex machinery, energy equipment, manufacturing equipment and more, as
evaluated on a case-by-case basis. Obtaining such a visa should be attempted
whenever feasible given the difficulty and length of time it takes to obtain
a work permit.
Documents required for filing an AMS visa application at a consular post
vary somewhat from post to post, but generally include a petition, an
invitation letter from the Turkish company, a sending employer letter, a
visa application form, and ID photos. Additional documents requested by the
post often may include a round-trip ticket, several months of the
applicant's personal bank account records, the applicant's personal tax
records, a diploma, and insurance coverage in Turkey. In the event that
either the employing company or the customer company is not well known, the
consular post may require additional documents regarding the companies.
An AMS visa generally is issued for up to 90 days. While working in Turkey
pursuant to an AMS visa, employees should continue to be paid by the foreign
entity that sent them. An AMS visa allows the employees to work only in the
designated locality for the Turkish company, as designated within the scope
of the visa. Although the application considers a request for a single or
multiple entry visa, in practice, the Foreign Ministry issues only single
entry visas. Additionally, an AMS visa is only issued once per year per
employee. Therefore, if the employee departs Turkey during this initial
90-day period, he or she will not be able to re-enter Turkey in AMS visa
status for one year.
If an AMS visa is issued for fewer than 90 days, and the
assembly/maintenance work persists beyond the duration of the visa, lawful
stay may be extended at the discretion of the government, but generally for
no longer than a total of 90 days. Authorization to remain based on AMS
grounds will be in the form of a specialized residency permit. This
application is filed at the Foreigner's Division of the Police Department in
the locality where the work is being done.
Although Turkish visa regulations do not provide many options for
employment-based visas outside of the work permit regime, the AMS visa is a
common option used by companies.
FIRM NEWS
Bernie Wolfsdorf, National AILA President and firm founder, will be speaking
on October 13th in New York City at the 42nd Annual Immigration &
Naturalization Institute (Practicing Law Institute New York Center),
regarding recent developments in consular processing with Jeff H. Gorsky,
Chief, Legal Advisory Opinion Section - Visa Office, US Department of State.
Bernie Wolfsdorf will also be moderating two panels ("The Visa Process:
TCNs, Delays, Denials & Other Important Updates" and "Government
Inter-Agency Panel") at the NAFSA Region XII Conference in San Diego,
California on October 29th.
Attorney Allison-Claire Acker was recently appointed to the UCLA School of
Law Alumni Board.
Attorney Avi Friedman will be attending the AILA/Department of State Liaison
Committee meeting on October 22nd, 2009 in Washington, D.C. He will be also
be speaking at the NAFSA Region III conference in Dallas, Texas on October
28th on a panel entitled "Consular Affairs Update." On October 29th, Avi
will be speaking on the panel "The Visa Process: TCNs, Delays, Denials &
Other Important Updates," with Bernie Wolfsdorf as moderator, at the NAFSA
Region XII conference in San Diego, California
Attorney Rita Kushner will be speaking at AILA's "Immigration Options for
Physicians" conference in Washington, D.C. on October 30th.
Attorney Andrew Stevenson was recently selected by the Los Angeles County
Bar Association's Immigration Section as the expert panelist for the monthly
"Lunch with the Expert" series. On September 30th, 2009, Andrew gave a
presentation to Southern California immigration attorneys regarding
Nonimmigrant Waivers under INA 212(d)(3).
We are pleased to announce the birth of Cliff and Yael Rosenthal’s son, born
Tuesday, September 29th, at 6 lbs. 14 oz.
Government Agency Links
Follow these links to access current processing times of the USCIS
Service Centers and the Department of Labor, or the Department of State's
latest Visa Bulletin with the most recent cut-off dates for visa numbers:
USCIS Service Center processing times online:
https://egov.uscis.gov/cris/processTimesDisplay.do
Department of Labor processing times and information on backlogs:
http://www.foreignlaborcert.doleta.gov/times.cfm
Department of State Visa Bulletin:
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
*****
The Wolfsdorf Immigration Law Group is one of the largest immigration
boutique firms in the United States. With offices on both the east and west
coasts, the firm serves an extensive and diverse client base, ranging from
Fortune 500 corporations to entertainers and leading academic institutions.
Our large and dedicated staff of 50 employees ensures prompt and expert
attention to your immigration law matters. For more information about any of
the above-mentioned issues, or any immigration-related questions or
concerns, please contact our team of professionals or your assigned
Wolfsdorf professional at 1(800)VISA-LAW or (310) 570-4088/(212) 899-5040 or
contact us via email at
visalaw@wolfsdorf.com
* * * *
Disclaimer/Reminder
This e-mail does not constitute direct legal advice and is for informational
purposes only. The information provided should never replace informed
counsel when specific immigration-related guidance is needed.
To be removed from future listings please type the word ”unsubscribe” in the
subject line and press send. Thank you.
|