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Author: Jeff MacArthur

  • The H-1B Category: Timing, Fees and Other Issues

    The H-1B is designated for individuals who work in a “specialty occupation.”   This term has been defined by Citizenship & Immigration Services (“CIS”) as a position that requires both the theoretical and practical application of a body of highly specialized knowledge and traditionally requires a Bachelor’s degree. H-1B status is granted for an initial period […]
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  • H-1B Visa: Creation and Maintenance of the Public Access File

    An employer must make documentation relating to the Labor Condition Application (LCA) filed with an employee’s H-1B petition available in a public inspection file within one (1) working day after the date of filing the LCA with the DOL. Any member of the public may request access to the file.  The employer must make the […]
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  • Labor Condition Application is first step in H-1B Process

    The requirement of obtaining a certified Labor Condition Application (“LCA”) prior to filing a petition for an H-1B worker was imposed by the Immigration Act of 1990.  The requirement serves two related purposes: ensuring that U.S. wages are not depressed by the hiring of foreign labor and protecting foreign workers from exploitation. In order to have […]
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  • Mexico braces for effects of Arizona immigration law

    By Chris Hawley, USA TODAY MEXICO CITY — The other side of the border is also preparing for the implementation of Arizona’s new immigration law, which could lead to a surge of deportees back to Mexico. Migrant shelters along the border in Mexico say they’re bracing for new arrivals after the law goes into effect Thursday. […]
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  • Immigration: The United States v Canada

    As a matter of national policy, Canada actively solicits immigrants and has done so for years. The public supports this and the default political assumption is in support of continued immigration. According to a recent poll, only a third of Canadians believe immigration is more of a problem than an opportunity, far fewer than any other […]
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  • Department of Homeland Security announces implementation of ESTA

    ESTA is a new, fully-automated, electronic system for screening passengers before they begin travel to the U.S. under the Visa Waiver Program. ESTA applications may be submitted at any time prior to travel to the United States, and VWP travelers are encouraged to apply for authorization as soon as they begin to plan a trip […]
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  • New machines scan IDs at border crossings

    Agents along the Canada and Mexico borders are using a controversial new machine that can “read” the personal information contained in some government-issued ID cards — such as passports and driver’s licenses — as travelers approach a checkpoint. The Homeland Security Department says the new practice will tighten security and speed the flow of traffic. […]
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  • Global Entry Program to be made Permanent

    Recently, DHS published a final rule establishing the Global Entry pilot program as a permanent initiative.  Global Entry allows pre-approved, low-risk travelers expedited clearance through the international arrivals and admissions process at one of 20 U.S. international airports. Global Entry members may utilize streamlined, automated kiosks as an alternative to regular passport processing lanes.  At the Global Entry […]
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  • US Customs Begins Rolling Out Pre-clearance Kiosks at Canadian Airports

    According to an announcement released by US Customs and Border Protection (CPB) last week, Global Entry kiosks are now available at preclearance locations at Vancouver International airport and Ottawa’s MacDonald-Cartier airport. The kiosks will also be available at Toronto’s Lester B. Pearson International and Montreal’s Trudeau International airports by September. Kiosk placement at Canadian preclearance locations is part […]
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  • What is a Crime of Moral Turpitude?

    Anyone who has been convicted of a Crime of Moral Turpitude (“CIMT”), will require an immigration waiver to enter the U.S.   CIMTs commonly involve elements of fraud, larceny, or intent to harm persons or things. CIMTs can be committed against property, governmental authority, people, family relationships, and sexual morality.  They also include intentional distribution of controlled substances; […]
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