Attorney Noure Alo to Appeal Dowry Decision  

OH Dowry Ruling is Appealed; Important Muslim Marriage Issue

Posted Nov 1, 2007, 11:21 am CDT
By Martha Neil

In a case that has attracted national interest, an Ohio woman is appealing a court ruling that her ex-husband doesn't have to pay the dowry she is guaranteed in her Muslim marriage contract.

Although courts in other states reportedly have enforced similar religious marriage contracts, the judge in Raghad Alwattar's case said her ex-husband wasn't legally required to pay her the agreed $25,000 dowry. That is because the Muslim marriage contract, known as a mahr, didn't comply with Ohio standards for for prenuptial contracts, explains the Associated Press. In particular, her now-former husband, who says he didn't understand at the time he signed the mahr (PDF) in their case that he was agreeing to pay a dowry, didn't have a chance to consult a lawyer beforehand, said Franklin County Common Pleas Judge Dana Priesse.

As a result of the Oct. 10 ruling, which was the first in the state on the issue, those involved in Muslim marriages are now being urged to make sure that future mahrs comply with Ohio law on prenuptial contracts, so that they are enforceable. At least one Columbus imam is now having husbands-to-be sign promissory notes concerning the dowry.

The dowry is important security to a woman in a traditional Muslim marriage, an earlier ABAJournal.com article notes, because wives often don't work outside the home and are unlikely to marry again after divorcing.

Noure Alo, who is representing the 21-year-old Alwattar, is still drafting the appeal but plans to argue that both constitutional and contract law were misapplied, he tells ABAJournal.com. He is being joined in the appeal by Ahmad Nassar and other lawyers from Patton Boggs, a Washington, D.C.-based national firm that has agreed to represent Alwattar on a pro bono basis.

But James Adair, who represents ex-husband Mohammed Zawahiri, 29, tells ABAJournal.com that the case was correctly decided at trial. "It was just painfully obvious, when I read this one-page contract, that it wasn't enforceable, in my view, in civil court," he says.

Generally speaking, practitioners representing Muslim clients should be aware that a mahr may exist that could be relevant not only in a divorce case but in a probate matter, Adair notes.

An article in Southern California Law Review (PDF) that was cited by the judge discusses the issue of court enforcement of Islamic marriage contracts in detail.

Explanation of Delayed USCIS Receipt Notices

The U.S. Citizenship and Immigration Services (USCIS) experienced a high volume of applications filed prior to the July 30th fee increase; as a result, many applicants are experiencing delays in receiving Form I-797, Notice of Receipt. Typically, customers should receive receipt notices within 2 weeks of the USCIS receiving their applications. Currently, it may take up to 12 weeks for an adjustment of status application receipt notice to reach an applicant and 15 weeks for naturalization and other applications. The USCIS addressed some of the concerns associated with the delayed receipt notices in a recent statement:

Receipt Dates

The USCIS will honor the actual date that an application was received in the mailroom, rather than the date the I-797, Notice of Receipt, is printed.

Prioritization

The Application to Adjust Status (I-485) will have first priority because the USCIS needs to ensure that these applications are receipted in a timeframe that would allow processing of an application for an Employment Authorization Document (EAD) within 90 days of filing, as mandated by law. The second priority will be to receipt the Application for Naturalization (N-400) so the USCIS can minimize any delays in obtaining citizenship

Case Status

The USCIS has developed a web page at http://www.uscis.gov/receiptingtimes specifically to address any receipt delay concerns. This page provides general information about your application type. In addition, USCIS representatives are available at the National Customer Service Center (1-800-375-5283) to assist callers with general information about the process.

Address Changes

The two easiest ways to notify the USCIS that you have changed your address are to use the Change of Address Online web page or to call the National Customer Service Center (1-800-375-5283). For the Change of Address Online web page, you will need to know your receipt number. If you paid your application fee by check, your receipt number will usually be printed on the back of the check when it is cashed by USCIS.

Expired Fee Payments

When the USCIS receives notice that your check has expired, the USCIS will notify you and suspend processing on your case. You will be given an opportunity to send a new check at the original filing rate and filing date to resume processing of your application. The USCIS will contact you if your check has been returned because it is beyond the expiration date.

Unusual Delay

If you have not received a receipt within the timeframe indicated below for the Service Center where you filed your application, the delay is considered unusual and should be investigated.

As of October 26, 2007, the USCIS has completed initial data entry and issued receipt notices for applications and petitions received on or before the dates indicated:

California Service Center

Nebraska Service Center

Texas Service Center

Vermont Service Center

USCIS Lockbox

Harrison Alo, Attorneys at Law, closely monitors the status of our clients' cases and updates from the USCIS. In the event a client's wait for a receipt notice exceeds the USCIS' listed wait times, we will do everything in our power to rectify the situation in a timely manner, because we know how important it is for our clients to be informed at every step of the way.

Apply Soon for Travel Documents for Holiday Travel Abroad

The USCIS is urging applicants who need travel documents for December travel to apply as soon as possible, preferably before the end of October. Due to the observance of Christmas, Hanukkah, and Hajj during December, the USCIS is anticipating an unusually high volume of requests.

If you are applying for renewal of your advance parole document, the USCIS will accept and adjudicate a Form I-131 filed up to 120 days before the date your current advance parole expires. If you currently have a valid reentry permit or refugee travel document that will soon expire, you may return the current document to the USCIS and file Form I-131 to obtain a new reentry permit or refugee travel document.

If you need a reentry permit, refugee travel document, or advance parole document, the Attorneys at Harrison Alo, Attorneys at Law, are available to assist you.

The Q Visa: An Overview

The Q visa is for an alien coming temporarily to participate in an international cultural exchange program in order to share attitudes, customs, history, heritage, philosophy and/or traditions of the alien's country of nationality. Under the Q-1 visa, the alien can engage in employment and practical training as long as he/she is also sharing the attitudes, customs, history, heritage, culture and/or traditions of their home country.

The culture sharing must take place in a school, museum, business or other establishment where the public, or a segment of the public sharing a common cultural interest, is exposed to aspects of a foreign culture as part of as part of a structured program. The work component of the program may not be independent of the cultural component, but must serve as the vehicle to achieve the objectives of the cultural component

An employer (U.S. or foreign firm, corporation, non-profit organization or other legal entity) or its designated agent may file the petition. If a designated agent is filing the petition, the agent must be employed by the qualified employer on a permanent basis in an executive or managerial capacity and must be either a U.S. citizen or lawful permanent resident.

Q visa petition must include the following evidence, showing that the employer:

1. maintains an established international cultural exchange program;
2. has designated a qualified employee to administer the program and serve as liaison to the USCIS;
3. is actively doing business in the U.S.;
4. Will offer the alien wages and working conditions comparable to those accorded local domestic workers similarly employed; and
5. Has the financial ability to remunerate the participant(s).

In addition, the petition should include brochures, catalogs, or other types of program documentation to illustrate the established nature of the program. To demonstrate the program's ability to compensate the alien(s), the employer must submit a copy of its annual report, income tax return, or certified accountant's report.

Do you think you may qualify for a Q visa, or are you an employer who intends to bring a prospective Q visa applicant to the U.S.? The attorneys at Harrison Alo, Attorneys at Law would be more than happy to discuss your qualifications or your program's qualifications.

The O Visa: An Overview

Broadly speaking, the O-1 visa is a temporary work visa available to aliens who have "extraordinary ability" in the sciences, education, business, athletics, arts or the motion picture industry. The O-1 visa is divided into three categories: 1) the O-1A for foreign nationals who possess extraordinary ability in the sciences, education, business, or athletics; 2) the O-1B for foreign nationals with extraordinary ability in the arts or extraordinary achievement in the motion picture or television industries; and 3) the O-2 visa for an alien coming to the U.S. temporarily, solely as an essential and integral part of the artistic or athletic performance of an O-1 artist or athlete

An O-1A petition must include the following:

1. a written consultation from a peer group or labor management organization with expertise in the field, or an expert in the field of the alien's or employer's choosing;
2. a written contract between the employer and alien;
3. an explanation of the events or activities in which the alien will participate;
4. an itinerary; and
5. evidence of the alien's extraordinary ability in the field, such as:

• major awards or prizes
• published material relating to the alien's work
• evidence of the alien's contributions to the field
• evidence of the alien's high salary within the field
• evidence that the alien participated on a panel where he/she judged the work of  others in the field; or
• other comparable evidence that applies to the alien's chosen field.

An O-1B petition must include the following:

1. a written consultation from a peer group or a person of the employer's choosing with expertise in the alien's field of ability. If the petition is based on the alien's extraordinary achievement in the motion picture or television industry, separate consultations are required from the relevant labor and management organizations;
2. evidence that the alien has received or been nominated for a significant national or international award or prize in the field, such as an Academy Award, Emmy, Grammy, or Director's Guild Award, or at least 3 of the following:
   • evidence that the alien has performed or will perform as a lead or starring participant in productions or events that have a distinguished reputation
   • evidence that the alien has achieved national or international recognition for achievements in the field.
   • evidence that the alien has a record of major commercial or critically acclaimed successes, as evidenced by ratings, box office receipts, etc.
   • evidence that the alien has received significant recognition from organizations, critics, government agencies, or other recognized experts.
   • evidence that the alien commands or will command a high salary or remuneration for services in relation to others in the field
   • evidence that the alien has performed or will perform as a lead or starring participant for organizations that have distinguished reputations.

Within the O visa category, there is a third type of visa. The O-2 visa is intended for an alien coming to the U.S. temporarily, solely as an essential and integral part of the artistic or athletic performance of an O-1 artist or athlete. The O-2 visa applicant must perform support services that are essential to the successful performance of the O-1.

The O-2 visa application must be filed in conjunction with an O-1 visa petition and submitted with the following:

1. a written consultation from a peer group or labor management organization with expertise in the field, or an expert in the field of the alien's or employer's choosing
   • if the application is for support of an athlete or alien with extraordinary ability in the arts, the consultation must be from an appropriate labor organization
   • if the application is for support of an alien with extraordinary achievement in motion pictures or television, the consultation must be from an appropriate labor organization or management organization
2. evidence of the current essentiality, skills and experiences of the O-2 applicant with the O-1 applicant or visa holder. In the case of a specific motion picture or television production, the evidence must establish that significant production has taken place outside of the U.S. and that the continuing participation of the O-2 alien is essential to the successful completion of the production on which the O-1 is working.

The O visa applies to a wide range of professions in fields as diverse as the culinary arts, theater, television, motion pictures and academia. The attorneys at Harrison Alo, Attorneys at Law are available to discuss what types of professions qualify for O visas and assist employers in navigating the O visa application process

The P Visa: An Overview

The P visa is a temporary work visa available to aliens who perform in athletics or the entertainment industry. Unlike the O visa, aliens who apply for a P visa are not required to meet the "extraordinary ability" requirement.

The P visa is divided into five categories:

1. the P-1A visa for a foreign national coming temporarily to perform at a specific athletic competition as an individual or as part of a team participating at an internationally recognized level of performance;
2. the P-1B visa for an alien entertainer, coming temporarily to perform as a member of a foreign-based entertainment group that has been recognized internationally as outstanding in the discipline for a significant period of time and who has sustained a relationship (usually for one year) with the group;
3. the P-2 visa for an alien coming temporarily to perform as an artist or entertainer, individually or as part of a group, under a reciprocal exchange program between an organization in the U.S. and an organization in another country;
4. the P-3 visa for an alien who is coming temporarily to perform, teach, or coach, individually or as part of a group, in the arts or entertainment fields in a program that is culturally unique; and
5. P-1S, P-2S, or P-3S for essential support personnel who are highly skilled aliens coming temporarily as an essential and integral part of the competition or performance of a principal P-1, P-2, or P-3 or because they perform support services that are essential to the successful performance of the P-1, P-2, or P-3.

A P-1A visa application must include the following:

1. a written consultation with an appropriate labor organization in the alien's field;
2. a copy of the contract with a major sports league or team or contract in an individual sport commensurate with national or international recognition in the sport, if such contracts are normally utilized in the sport; and
3. evidence of at least two of the following:
   • substantial participation in a prior season with a major U.S. sports league
   • participation in international competition with a national team
   • substantial participation in a prior season for a U.S. university or college in intercollegiate competition
   • a written statement from an official of a major U.S. sports league or official of the governing body for a sport that details how the alien or team is internationally recognized
   • that the individual or team is ranked if the sport has international rankings
   • that the alien or team has received a significant honor or award in the sport

A P-1B visa must include the following:

1. a written consultation from an appropriate labor organization in the alien's field;
2. evidence that the alien or group is internationally recognized within the discipline, as demonstrated by the submission of evidence of the group's receipt or nomination for significant international awards or prizes for outstanding achievement; or
3. evidence of at least three of the following:
   • the alien or group has performed or will perform as a starring or leading group in productions or events with a distinguished reputation.
   • the alien or group has achieved international recognition and acclaim for outstanding achievement in the field.
   • the alien or group has a record of major commercial or critically acclaimed success
   • the alien or group has achieved significant recognition for achievement from critics, organizations, government agencies or other recognized experts in the field; or
   • the alien or group commands a high salary or other substantial remuneration for services, compared to others similarly situated in the field.

By filing a P-1 visa application for a group, the petitioner must certify that the group has been established and performing regularly for a period of at least one year and that at least 75% of the members of the group have been performing with the group for at least one year. The one-year requirement does not apply to circus groups coming to perform with nationally recognized circuses.

There are certain exceptions to the international recognition requirement and the one-year relationship requirement for which waivers can be requested.

A P-2 visa application must be filed by the sponsoring organization or U.S. employer and must include the following:

1. a written consultation from an appropriate labor organization;
2. a copy of the reciprocal exchange program;
3. a statement from the sponsoring organization describing the reciprocal agreement as it relates to the petition
4. evidence that the alien and the U.S. artist or group have comparable skills and that the terms of employment are similar; and
5. evidence that an appropriate labor organization in the U.S. was involved in negotiating or concurred with the exchange.

A P-3 visa application must include the following:

1. a written consultation from an appropriate labor organization;
2. evidence that all performances will be culturally unique and either:
   • affidavits, testimonials, or letters from recognized experts attesting to the authenticity of the alien's or group's skills in presenting, coaching, or teaching art forms or
   • documentation that the performance of the alien or group is culturally unique as evidenced by actual reviews in newspapers, journals, or other published material

In addition to being filed in conjunction with the P-1, P-2, or P-3 petition, a P-1, P-2, or P-3 visa application must include the following:

1. a written consultation from an appropriate labor organization;
2. a statement describing the alien's critical skills and prior experience with the P-1, P-2, or P-3 visa;
3. statements or affidavits from persons with first-hand knowledge that the alien has substantial experience performing the critical skills and essential support services for the principal P-1, P-2, or P-3; and
4. a copy of any written contract between the employer and alien or a summary of the terms of the oral agreement under which the alien will be employed.

The wide range of P visa categories provides several opportunities for those in the entertainment industry or in athletics to come to the U.S. to work. The attorneys at Harrison Alo, Attorneys at Law are available to discuss what type of P visa best fits your situation, whether you are an individual athlete or entertainer, part of an athletic or entertainment group, or essential support personnel.

"U" Nonimmigrant Visa for Nonimmigrant Victims of Crime

Congress created "U" nonimmigrant visa status for victims of crimes who have suffered mental or physical abuse because of the crime, and who not only have information regarding the criminal activity, but who also are willing to assist government officials in the investigation of the criminal activity.

A qualifying criminal activity is one involving one or more of a long list of activities that violate federal, state, or local criminal law, including: murder, rape, torture, sexual exploitation, extortion, witness tampering, obstruction of justice, false imprisonment, sexual abuse, domestic violence, and trafficking.

The intent of the legislation is to protect immigrants from serious crimes, as well as strengthen the ability of law enforcement agencies to investigate and prosecute these types of crimes.

There are four requirements for U-visa eligibility:

1. The individual must have suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity;
2. He has information concerning the criminal activity;
3. He or she has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime; and
4. The criminal activity must have violated the laws of the U.S or occurred in the U.S.

The procedure for requesting U nonimmigrant status is as follows:

Alien victims of crime must file Form I-918, Petition for U Nonimmigrant Status. The application includes a U Nonimmigrant Status Certification, which must be completed by a federal, state, or local law enforcement official, who must indicate that the alien has been helpful, is being helpful, or is likely to be helpful in the investigation. The alien must prove his or her eligibility for U visa status, as well as his or her admissibility to the U.S.

The USCIS is authorized to grant up to 10,000 U-visas each year, authorizing the holder to remain in the U.S. for up to four years. Some individuals who have held U nonimmigrant status will eventually able to apply for permanent residency, provided they have been present in the U.S. for a continuous period of at least three years since the date of admission as a U nonimmigrant, and the USCIS must determine that the individual's presence in the U.S. is justified on humanitarian grounds.

Should you have questions regarding U visa eligibility, the attorneys at Harrison Alo, Attorneys at Law are available to discuss the U classification.

Temporary Protective Status (TPS) Re-Registration Opens for Natives of El Salvador

The USCIS has extended its Temporary Protective Status (TPS) designation for those from El Salvador until March 9, 2009. Nationals of El Salvador (or aliens having no nationality who last resided in El Salvador) with TPS are able to re-register and apply for an extension of their Employment Authorization Documents (EADs) for an additional 18 months. Nationals of El Salvador who have been granted TPS previously must re-register for the 18-month extension during the 60-day re-registration period, which begins August 21, 2007 and ends October 22, 2007.

Also, the USCIS has extended the validity of current Employment Authorization Documents (EADs) for eligible Salvadoran TPS beneficiaries for six months, until March 9, 2008. This applies to EADs issued to Salvadorans bearing the notation "A-12" or "C-19" on the card under "Category" and with an expiration date of July 5, 2006 or September 9, 2006 on the face of the card and a September 2007 extension sicker on the back OR an expiration date of September 30, 2007 on the face of the card. The six month extension will allow sufficient time for eligible TPS beneficiaries to re-register and received a new EAD without any lapse in employment authorization. All applicants whose TPS re-registration is approved and who request EADs will receive new cards; no stickers will be issued.

To re-register for TPS under the extension, a TPS beneficiary must submit Form I-821, Application for Temporary Protected Status without the filing fee, Form I-765, Application for Employment Authorization with the $340.00 filing fee or a fee waiver request and the $80 biometrics services fee or fee waiver request. If the applicant is only seeking to re-register for TPS but is not seeing an extension of employment authorization, there is no filing fee for Form I-765, but the applicant must still file Form I-765 in order to be eligible for the TPS extension.

The attorneys at Harrison Alo, Attorneys at Law are familiar with Temporary Protective Status designations for nationals of several countries, and are available to address your questions and concerns.

Diversity Visa 2009 Lottery Begins on October 3rd

The Diversity Visa 2009 (DV-2009) online entry will begin at noon EDT on October 3, 2007, and end at noon EST on December 2, 2007. The U.S. State Department has not yet released specific instructions for DV-2009, but the regulations will likely be similar to those governing DV-2008. As soon as instructions for DV-2009 are available, we will be sure to post them on www.harrisonalo.com.

What is the diversity visa lottery?

The Congressionally-mandated Diversity Immigrant Visa Program makes available 50,000 permanent resident visas 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

Natives of which countries are eligible?

Each year, the U.S. State Department releases a list of ineligible countries, the natives from which are not eligible to apply for the DV lottery. Natives from all countries not on the list are eligible to apply.

Why are some countries ineligible?

Ineligible countries have sent a total of more than 50,000 immigrants to the U.S. over the previous five years. The State Department hasn't yet released the list of ineligible countries for DV-2009, but it will likely be similar to 2008's list:

Natives of Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Philippines, Peru, Poland, Russian, South Korea, United Kingdom, and Vietnam were ineligible to apply for the 2008 DV lottery.

What are the requirements for entry?

First, an applicant must be a native of one of the eligible countries. In most cases, "native" means the country in which the applicant was born. However, there are two ways to still qualify for the DV lottery, even if your country is on the ineligible list:

1. If you were born in a country whose natives are ineligible, but your spouse was born in a country whose natives are eligible, you can claim your spouse's country of birth, provided that both you and your spouse are on the selected entry, are issued visas, and enter the U.S. at the same time.
   
   OR
   
2. If you were born in a country whose natives are ineligible, but neither of your parents were born there or resided there at the time of your birth, you may claim nativity in one of your parents' countries of birth, if it is a country whose natives are eligible.

Second, an applicant must have EITHER:

1. a high school education or its equivalent, which is defined as the successful completion of a 12-year course of elementary and secondary education
   
   OR
   
2. two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform. The U.S. Department of Labor's O*Net Online database is used to determine qualifying work experience.

In order to enter the DV lottery, an applicant must meet either the education requirement or the work experience requirement.

How does one apply for a Diversity Visa?

Applications must be submitted electronically between noon EDT on October 3, 2007, and noon EST on December 2, 2007 Applicants are strongly encouraged not to wait until the last week of the registration period to enter because of potential website delays. Applicants who submit more than one entry will be disqualified.

An applicant may prepare and submit his or her own entry, or he or she may have someone submit his or her entry. Please be careful, though: there have been instances of fraudulent websites posing as official U.S. Government sites. Some companies posing as the U.S. Government have sought money in order to "complete" lottery entry forms. There is no charge to download and complete the Electronic Diversity Visa Entry Form. However, applicants must follow the detailed DV instructions very carefully to avoid being disqualified on a technicality A computer selects individuals at random from among all qualified entries, and the Department of State notifies successful Diversity Visa applicants by letter; NOT by email.

The attorneys at Harrison Alo, Attorneys at Law are happy to answer questions regarding Diversity Visas. Good luck to all who apply!

Employment-Based Immigrant Visa Cut-Off Dates Projected for October 2007

The American Immigration Lawyers Association (AILA) has released informal projections on employment-based visa availability for the October 2007 Visa Bulletin. These projections are based on discussions with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department. Workers who fall into the First and Second Preference categories (EB-1 and EB-2) for all countries will likely see similar visa availability numbers as in the September 2007 Visa Bulletin. For workers who fall into the Third Preference categories (EB-3), cut-off dates are likely to be similar to those found in the January 2007 Visa Bulletin. Workers who are considered to be in the "Other Worker" category will likely have a cut-off date of 10/01/01. The cut-off dates for Fourth Preference workers can not yet be projected, and the cut-off dates for Fifth Preference workers are expected to go current for all countries.

As we explained in an earlier article "Good News for Employment-Based Visa Numbers" the State Department dramatically advanced visa cut-off dates in the July 2007 Visa Bulletin. As a result of this advance, all visa numbers available under the 2007 employment-based numerical limit will be utilized. The experienced business immigration attorneys at Harrison Alo, Attorneys at Law are available to answer questions regarding employment-based visa availability.

DHS Finalizes Safe Harbor Procedures for Employers Who Receive "No Match" Letters

In the wake of Congress's failure to enact comprehensive immigration reform, the Department of Homeland Security (DHS) recently announced several procedures to strengthen the enforcement of federal immigration regulations. The DHS is focusing on employers who unlawfully hire or continue to employ illegal immigrants, and is amending its regulations to reflect this focus. The amended regulation-to go into effect in September 2007-describes the legal obligations of an employer when the employer receives either 1) a "no match" letter from the Social Security Administration (SSA), or 2) a "no-match" letter regarding employment verification forms from the Department of Homeland Security. The amended regulation also describes "safe harbor" procedures the employer can follow to ensure the DHS will not use the letter as any part of an allegation that the employer had constructive knowledge that the employee was not permitted to work in the U.S.

What is a "No-Match" Letter from the SSA?

Employers send the SSA millions of W-2 Forms in which the combination of employee name and social security number does not match SSA records. In some of these cases, "no-match" letters are sent to employers by the SSA, notifying the employer of the mis-match.

What is a "No-Match" Letter from DHS?

The Department of Homeland Security sends "no-match" letters to employers when the immigration status or employment authorization documentation presented or referenced by the employee in completing Form I-9, Employment Eligibility Verification, doesn't match Department of Homeland Security records.

Why might an employee's information not match the SSA's or DHS's records?

There are many scenarios that may result in a "no-match." The discrepancy between the employer's records and the SSA's or DHS's may be due to a number of factors: a clerical error on the part of the employer, a clerical error on the part of the employee, or an employee's name change.

Under the new rules, employers will be in violation of federal immigration laws if they fail to take corrective steps within 90 days of receiving the letter and will be subject to increased fines of 25%.

Safe Harbor Steps

The employer's corrective steps include checking employer records promptly after receiving a no-match letter to determine if the "no-match" is due to a typographical, transcription, or clerical error in the employer's records or in the employer's communications to the SSA or DHS. If the discrepancy is not due to one of the aforementioned reasons, an employer would promptly request that the employee confirm that the employer's records are correct. If they are not correct, the employer would take the required actions needed to correct them. If the records are correct according to the employee, further steps should be taken by the employer, according to the new DHS rule.

According to the DHS's rule, if the proper steps toward verification are taken by the employer, then even if the employee is not authorized to work in the U.S., the employer will not be considered to have had constructive knowledge of that fact based on the receipt of the no-match letter. However, this rule will not provide a safe harbor for employers that for some other reason have actual or constructive knowledge that they are employing an alien unauthorized to work in the U.S.

When it comes to receiving a no-match letter, employers are faced with the difficult task of complying with the SSA's or DHS's rules while still respecting the rights of its employees. It's helpful for employers to seek legal advice immediately following the receipt of a no-match letter to ensure that this balance is maintained. The attorneys at Harrison Alo, Attorneys at Law are available to answer questions regarding the employment verification process.

Attorney Kimberly Harrison Quoted

From: http://www.dailycourt.com/articles.php/2128/

With major immigration reform pending, efforts now can prevent headaches later

CHRIS SPITTAL, Daily Reporter Staff Writer

When a bipartisan group of federal lawmakers unveiled a comprehensive immigration reform bill recently, it once again made immigration a hot-button issue across the country.

Though the future of the bill is uncertain and the debate continues as to whether it would help or hurt the country and its undocumented workers, employers need to realize they soon may face a new hiring environment with additional, stricter regulations.

For now, though, it is a good idea for employers to re-examine their hiring and employee documentation practices, while ensuring they are in compliance with current rules, according to local attorneys.

Kimberly Harrison, a business immigration attorney with Harrison Alo in New Albany, said employers should start by reviewing personnel records. They should make sure all employees have an accurately completed I-9 form, as well as other employment authorization documents.

Some workers will try tactics such as using someone else's Social Security cards or invalid documents to gain employment, she warned.

"Many employers accept forms of authorization that really do not provide the ability to work, or the authorization may have been expired, yet they accept it," she said.

Not only will reviewing such documents ensure employers have all their "ducks in a row," she explained, but it can help them identify which workers could benefit from immigration reform.

Felix "Pete" Wade, partner with Schottenstein, Zox and Dunn, said it can be a challenge for some small businesses to ensure documents are legitimate, as they may not have document experts on hand.

"Everybody's not hiring off college campuses with a human resources department," he said, noting that employers still need to be aware of who is working for them.

"Complying with the law now is obviously the first priority," he said.

Under the proposed bill, Z visas would be issued to currently undocumented workers who entered the country prior to Jan. 1, 2007, if they pass a background check, pay up to $5,000 in fines and fees and pass an English proficiency test.

Y visas would grant others a two-year work permit, which could be renewed twice for a total of six years, provided the worker leaves the United States for at least one year in between each renewal.

If an employer has certain valuable employees it would like to retain, Harrison said, an employer should pay especially close attention to reform developments in case they would need to assist the worker in obtaining a visa.

"If they have key individuals they want to keep, it would be worth it for them to help them out," she said.

If a worker has a felony conviction, chances are slim he or she would be issued a Z visa, Harrison noted, adding that initiating background checks and other research now can save employers from bigger headaches later.

"Obviously, that's something they want to know beforehand so they don't waste the time and money," she said.

Employers should not assume that just because enforcement regarding undocumented workers has been lax in the past, it will continue to be lax if there are new regulations, , Harrison said.

"Employers need to be aware of that," she added. "If they give illegals the opportunity to become legals, enforcement will crack down."

Wade said just keeping up to date with the reform process will help employers comply with whatever changes come as a result of the proposed reform. While large companies may have consultants and counsel to brief them on developments, smaller businesses will need to monitor the situation for themselves.

"They don't want to be the immigration police and they don't want to go to jail," he said, adding that most employers want to focus on selling their products and running an efficient business.

"The reality is they better be paying attention now," Wade said.

"Cleaning up hiring practices and making sure they're not making any mistakes is a good way to spend their time. They need to be as aware as anybody else how to hire properly," he said. "And a lawyer can help."

Copyright 2007, The Daily Reporter, 580 S. High St., Columbus, OH.

Attorney Noure Alo Published in Columbus Lawyer's Quarterly

High Tech Workers - More or Less, Here or there?

(As published in Columbus Lawyer's Quarterly Magazine:
http://www.cbalaw.org/members/publications
/barbriefs/CBLQSummer2007.pdf, pages 16 & 17)

By Attorney Noure Alo

Immigration reform has been a hot topic for the last few years. President Bush has brought this issue to the forefront and several proposals have struggled to make it through the partisan-dominated floors of the U.S. Congress. While media coverage has focused on the impact reform will have on illegal immigrants, one increasingly difficult issue is now gaining its own share of attention: the limited availability of visas for the high-tech worker.

High-tech workers have traditionally entered the U.S. employment market through the "H-1B" visa. Essentially, the H-1B is a temporary visa that allows a foreign worker with the equivalent of a U.S. Bachelor's degree to work in the United States in certain industries - primarily technology or science-related fields - for six years (with the possibility of short extensions). The United States Citizenship and Immigration Services (USCIS) can only accept 65,000 such visa petitions until the annual cap is reached.

While it wasn't headline news, it certainly created a stir in technology and science-related circles when the H-1B visa cap was reached on the very first day applications were accepted. How much of a stir? One of the most outspoken opponents of capping the number of H-1B visas is none other than Microsoft Chairman Bill Gates, who has spoken before Congress about the issue and always has a lot to say about the limited amount of high-tech worker visas. One of his biggest contentions is that there shouldn't be a cap at all:

""The whole idea of the H-1B thing is don't let too many smart people come into the country. Basically, it doesn't make sense," says Gates.

Taking a step back, it's important to look at the raw data: The U.S. Citizenship and Immigration Services (USCIS) began accepting applications on April 2, 2007 for the 65,000 available H-1B visas (there are also 20,000 additional visas for individuals with U.S. Master's degrees). On that very day, 133,000 applications were received. This means that at least 48,000 highly skilled workers will be denied visas without any review of their applications. Likely among those denied will be applicants with computer science degrees from Ivy League universities and highly-accomplished professionals who have made significant contributions in their fields.

Which begs the question: Isn't it in the best interest of the U.S. economy to retain the skilled workers who are educated here? Do we not want to attract the best and brightest skilled workers from around the world? As it stands, current regulations don't seem compatible with these intentions. Many argue that until Congress increases the H-1B visa cap, the U.S. is severely limiting its potential for economic growth and diminishing its ability to remain competitive in the global market.

Advocates of increasing the number of H-1B visas have pointed out that the current cap of 65,000 is arbitrary and has little correlation to industry demand. Compete America, a Washington, DC-based lobbying group that includes corporations such as Microsoft, Intel, and Hewlett-Packard, says that the need for more H-1B visas is urgent because companies can't meet their demand for skilled labor under the current cap. They maintain that this year's H-1B visa shortage will only result in the increased off-shoring of science and technology-related jobs to foreign markets. Gates has even gone so far as to call the H-1B visa shortage a "crisis," sparking speculation that the current H-1B policy might be causing the U.S. to become the victim of a self-induced "brain drain" with potentially damaging long-term effects. The U.S. is making it "infinitely more difficult to maintain its technological leadership if it shuts out the very people who are most able to help us [the U.S.] compete," according to Gates.

Many U.S. university officials share Gates' viewpoint. They insist that an increase in the H-1B cap will attract a higher caliber of international students, who will be able to remain in the U.S. if the path to permanent residency is also streamlined. As it stands now, graduating international students are only permitted to work in the U.S. for one year after graduation and must leave the U.S. if they are unable to obtain an employment-based visa during that short window of time. American universities invest substantial resources in their foreign students with the expectation that these graduates will at least have the opportunity to contribute their skills to the U.S. economy. The current H-1B cap effectively results in U.S. universities becoming training grounds for foreign skilled workers to take their knowledge to foreign markets, because opportunities for remaining in the U.S. on an employment-based visa are severely limited.

Despite its high-profile advocates, H-1B cap expansion faces widespread opposition. In fact, some would like to see the H-1B visa abolished altogether. Opponents claim that tech employers like Microsoft and Intel support H-1B expansion because the visa allows them to hire foreign skilled workers who are willing to work for much lower rates than American citizens and Permanent Residents, thereby keeping salaries for computer scientists and engineers artificially low. However, H-1B advocates point out that all H-1B applications must include a Labor Condition Application (LCA), in which the employer attests that the employee will be paid the prevailing wage for the position. Prevailing wages are determined by the U.S. Department of Labor, and should employers refuse to comply with the LCA, they face heavy penalties. Such regulations, if enforced properly, should ensure that U.S. citizens and permanent residents aren't being unfairly overlooked by employers in favor of "cheap foreign labor."

Others make the claim that foreign skilled workers should not even have the opportunity to take jobs from American workers. However, when the alternative is off-shoring, isn't it preferable to keep jobs on American soil, even if some of those jobs are being filled by foreign skilled workers? Many in the science and technology sectors maintain that foreign skilled workers don't take jobs from U.S. permanent residents and citizens, but, rather, create them. A Duke University study revealed that, over the last decade, 25.3% of American engineering and technology companies have been founded by immigrants. In 2006 alone, U.S.-based immigrants contributed 25% of all international patent applications. Innovations taking place on U.S. soil help the American economy to stay competitive in the global market. Moreover, science and technology industries have relatively low unemployment rates, weakening the argument that H-1B visa workers are taking jobs from U.S. permanent residents and citizens.

Legislators are making efforts to revise the current cap in light of the crisis. Representatives Luis V. Guttierez (D-Ill) and Jeff Flake (R-AZ) have drafted the Security Through Regularized Immigration and a Vibrant Economy (STRIVE) Act, a bill that calls for increasing the cap on H-1B visas to 115,000, which can be further increased up to 180,000, as needed. The legislation would also exempt certain individuals who have earned advanced degrees in science, technology, engineering, or math from the U.S.

While this may not be the perfect solution, it is clear that one is needed. We cannot afford to continue to fall behind countries such as India and China due to arbitrary restrictions and limitations. With outsourcing being de rigeur, we should combat its negative effects by increasing our yearly cap on high-tech worker visas and realizing the return of our Universities' investments.

Attorney Kimberly Harrison named a Rising Star By Super Lawyers Magazine

Congratulations to Attorney Kimberly Harrison. Ms. Harrison has been named a Rising Star in the field of Immigration by Ohio Super Lawyers Magazine.

http://www.superlawyers.com/index.php?keyword=
harrison&Itemid=62&code=OH&
action=RS&option=com_superlawyers&task=results

AILA's Immigration Reform Update

From The American Immigration Lawyer's Association


"Senate resumed consideration of amendments to the CIR bill, S. 1639; Cloture Vote Expected Tomorrow (6/28)

Highlights of today's proceedings:

• Five amendments were tabled (killed), including amendments to accelerate "touchback" for Z visa applicants, expand legalization eligibility requirements, and prevent Z visa holders from getting green cards.
• A motion to table a Baucus amendment to remove REAL ID requirements from the underlying bill failed.
• Senator Reid announced that a cloture vote to end debate will occur Thursday morning, likely around 10:30 am.

Summary of Senate Proceedings-6/27/07:

Following morning business, the Senate resumed debate on the CIR bill, S. 1639. Members of both parties spoke on behalf of the bill in general, and urged that the debate move forward, amendments be voted on, and the final bill be passed. Some members of the minority party, however, expressed concern with the procedural process thus far.

Majority Leader Reid allowed some discussion before bringing the senators back on course. Senators then considered, and tabled, the following amendments:

• Hutchison Amendment Accelerating "Touchback" for Z Visa Applicants

A motion to "table," or kill, the amendment was agreed to by a vote of 53-45.

• Webb Amendment Expanding Legalization Eligibility Requirements

A motion to table the amendment was agreed to by a vote of 79-18.

• Bond Amendment Preventing Z Visa Holders from Earning Green Cards

A motion to table the amendment was agreed to by a vote of 56-41.

• Dodd Amendment Increasing Immigrant Visas for Parents of USCs

The motion to table the Dodd amendment was agreed to by a vote of 56-41. Following this vote, a side-by-side to this amendment from Senator Kyl (R-AZ), which would have negated some of the improvements proposed in the Dodd amendment, was withdrawn.

• Menendez Amendment Increasing Points Awarded for Family Ties

A motion to table the amendment was agreed to by a vote of 55-40.

• Baucus Amendment on REAL ID

A motion to table the amendment was not agreed to, 45-52, and the amendment remains up for consideration.

The Senate will take no further votes until Thursday around 10:30 am EDT on a motion to invoke cloture and limit debate on S. 1639. If that vote passes, the remaining germane amendments will be considered."

USCIS Implements Procedures for Form I-140

On May 17th, the U.S. Department of Labor (DOL) published a rule that is designed to curb fraud in the labor certification process of non-U.S. citizens. Employers will no longer be permitted to substitute one alien applicant with another on permanent labor certification applications or on approved labor certifications. In the past, employers have frequently used substitutions to avoid losing their places in the processing line. Under the new regulations, if the DOL finds an employer employing substitution, the employer will be debarred. Employers are also forbidden from the sale, barter, or purchase of permanent labor applications and certifications. Individual labor certifications are required for members of professions holding advanced degrees or aliens of exceptional ability (EB-2) and skilled workers, professionals, and other workers (EB-3). The DOL regulation does the following: 1) Prohibits the substitution of alien beneficiaries on any permanent labor certification application after the application has been filed with DOL 2) Establishes a 180-day time period within which a DOL-approved labor certification must be filed with USCIS in support of a Form I-140 petition in order to remain valid 3) Requires that any labor certification approved by DOL prior to July 16, 2007 be filed with USCIS in support of an I-140 petition within 180 days after the effective date of the DOL final rule in order for the certification to remain valid. The regulation also bans sponsoring employers from recouping foreign workers' costs, including those of legal counsel, related to preparing, submitting and obtaining a permanent labor certification. In addition, this provision precludes fee collection through payroll deductions and other means, such as lump sum payments. To view the complete rule, visit www.regulations.gov. The experienced business immigration attorneys at Harrison Alo, Attorneys at Law can address your needs regarding foreign labor certification programs.

USCIS Increases Fees on July 30, 2007

The U.S. Citizenship and Immigration Services (USCIS) announced a revised fee structure that will go into effect on July 30, 2007. The revisions are an attempt to strengthen the security and integrity of the U.S. immigration system and improve customer service. The USCIS says that the increased revenue will result in a 20 percent reduction in average application processing times. Positive changes to the fee structure include a 25% reduction to the I-485 processing fee (Adjustment of Status) for children under the age of 14, additional benefits for prospective adoptive parents, and the expansion of fee waivers for adjustment of status cases that arise from asylum or other humanitarian reasons. The rule also allows the USCIS to waive the filing fee for U.S. citizens seeking immigrant status for their alien spouses through K-3 visas. Despite the reduction in fees for the aforementioned cases, it appears as though most of the USCIS' filing fees will increase substantially. For example, Form I-130 (Relative Petition) will increase from $190 to $355, Form I-765 (Employment Authorization Document) will increase from $180 to $340, and, most notably, Form I-485 (Adjustment of Status, or Permanent Residency) will increase from $395 to $1,010. It will also cost more to file employment-based petitions. Form I-129 (Petition for Nonimmigrant Worker) will increase from $190 to $320 and Form I-140 (Petition for Immigrant Worker) will increase from $195 to $475. Applications or petitions postmarked or otherwise filed on or after July 30, 2007 must include the new fees. The attorneys at Harrison Alo, Attorneys at Law are available to answer your questions and discuss your concerns regarding the USCIS fee restructuring.

Citizenship Applications to be Adjudicated Separately

In September 2006, U.S. Citizenship and Immigration Services declared that the backlog for the N-400 Naturalization Application was at its record low. Dropping the average processing time from 14 months to 5 months, the USCIS has made a dramatic improvement by taking on one case at a time and treating each N-400 application separately. By no longer processing group N-400 applications simultaneously, the USCIS has managed to decrease the total backlog of all applications from 3.8 million in 2004 to a little over 1.1 million in July 2006. Therefore, unless specifically requested by a group, the USCIS will continue to process each N-400 application individually in order to expedite Naturalization Applications. The average processing time for the N-400 applications is currently less than 6 months. To ensure that your N-400 application is handled in a timely manner, our skilled attorneys at Harrison Alo are committed to concentrating our efforts on your case. Contact Harrison Alo today to get the results you deserve.

Good News for Employment Based Visa Numbers

The June 2007 Visa Bulletin (published by the U.S. Department of State) shows a significant jump in the availability of employment-based immigrant visas, particularly for employment-based second preference applicants (EB-2) from India and China, and all employment-based third preference applicants (EB-3). The priority date for EB-2 applicants from China moved up from April 22, 2005 in the May Visa Bulletin to January 1, 2006 in the June Visa Bulletin. EB-2 applicants from India have seen their priority date change from January 8, 2003 (May Visa Bulletin) to April 1, 2004 (June Visa Bulletin). All EB-3 applicants have witnessed a jump in priority dates, as well. Check the Visa Bulletin for June 2007 http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html to see if your priority date is earlier than the current cut-off date. The attorneys at Harrison Alo, Attorneys at Law can answer your questions and address your concerns about priority dates and employment based visas.

More Visas Available to Iraqi and Afghan Translators

On May 22, 2007, the U.S. House of Representatives passed legislation to grant up to 500 visas to foreign translators and interpreters who assisted U.S. troops in Iraq and Afghanistan. President Bush is expected to sign the measure into law soon. The attorneys at Harrison Alo, Attorneys at Law are happy to answer your questions and address your concerns about visas for translators.

The USCIS has extended its Temporary Protective Status (TPS) designation for those from El Salvador until March 9, 2009. Nationals of El Salvador (or aliens having no nationality who last resided in El Salvador) with TPS are able to re-register and apply for an extension of their Employment Authorization Documents (EADs) for an additional 18 months. Nationals of El Salvador who have been granted TPS previously must re-register for the 18-month extension during the 60-day re-registration period, which begins August 21, 2007 and ends October 22, 2007.

Also, the USCIS has extended the validity of current Employment Authorization Documents (EADs) for eligible Salvadoran TPS beneficiaries for six months, until March 9, 2008. This applies to EADs issued to Salvadorans bearing the notation "A-12" or "C-19" on the card under "Category" and with an expiration date of July 5, 2006 or September 9, 2006 on the face of the card and a September 2007 extension sicker on the back OR an expiration date of September 30, 2007 on the face of the card. The six month extension will allow sufficient time for eligible TPS beneficiaries to re-register and received a new EAD without any lapse in employment authorization. All applicants whose TPS re-registration is approved and who request EADs will receive new cards; no stickers will be issued.

To re-register for TPS under the extension, a TPS beneficiary must submit Form I-821, Application for Temporary Protected Status without the filing fee, Form I-765, Application for Employment Authorization with the $340.00 filing fee or a fee waiver request and the $80 biometrics services fee or fee waiver request. If the applicant is only seeking to re-register for TPS but is not seeing an extension of employment authorization, there is no filing fee for Form I-765, but the applicant must still file Form I-765 in order to be eligible for the TPS extension.

The attorneys at Harrison Alo, Attorneys at Law are familiar with Temporary Protective Status designations for nationals of several countries, and are available to address your questions and concerns.

Diversity Visa 2009 Lottery Begins on October 3rd

The Diversity Visa 2009 (DV-2009) online entry will begin at noon EDT on October 3, 2007, and end at noon EST on December 2, 2007. The U.S. State Department has not yet released specific instructions for DV-2009, but the regulations will likely be similar to those governing DV-2008. As soon as instructions for DV-2009 are available, we will be sure to post them on www.harrisonalo.com.

What is the diversity visa lottery?

The Congressionally-mandated Diversity Immigrant Visa Program makes available 50,000 permanent resident visas 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

Natives of which countries are eligible?

Each year, the U.S. State Department releases a list of ineligible countries, the natives from which are not eligible to apply for the DV lottery. Natives from all countries not on the list are eligible to apply.

Why are some countries ineligible?

Ineligible countries have sent a total of more than 50,000 immigrants to the U.S. over the previous five years. The State Department hasn't yet released the list of ineligible countries for DV-2009, but it will likely be similar to 2008's list:

Natives of Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Philippines, Peru, Poland, Russian, South Korea, United Kingdom, and Vietnam were ineligible to apply for the 2008 DV lottery.

What are the requirements for entry?

First, an applicant must be a native of one of the eligible countries. In most cases, "native" means the country in which the applicant was born. However, there are two ways to still qualify for the DV lottery, even if your country is on the ineligible list:

1) If you were born in a country whose natives are ineligible, but your spouse was born in a country whose natives are eligible, you can claim your spouse's country of birth, provided that both you and your spouse are on the selected entry, are issued visas, and enter the U.S. at the same time.

OR

2) If you were born in a country whose natives are ineligible, but neither of your parents were born there or resided there at the time of your birth, you may claim nativity in one of your parents' countries of birth, if it is a country whose natives are eligible.

Second, an applicant must have EITHER:

1) a high school education or its equivalent, which is defined as the successful completion of a 12-year course of elementary and secondary education

OR

2) two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform. The U.S. Department of Labor's O*Net Online database is used to determine qualifying work experience.

In order to enter the DV lottery, an applicant must meet either the education requirement or the work experience requirement.

How does one apply for a Diversity Visa?

Applications must be submitted electronically between noon EDT on October 3, 2007, and noon EST on December 2, 2007 Applicants are strongly encouraged not to wait until the last week of the registration period to enter because of potential website delays. Applicants who submit more than one entry will be disqualified.

An applicant may prepare and submit his or her own entry, or he or she may have someone submit his or her entry. Please be careful, though: there have been instances of fraudulent websites posing as official U.S. Government sites. Some companies posing as the U.S. Government have sought money in order to "complete" lottery entry forms. There is no charge to download and complete the Electronic Diversity Visa Entry Form. However, applicants must follow the detailed DV instructions very carefully to avoid being disqualified on a technicality A computer selects individuals at random from among all qualified entries, and the Department of State notifies successful Diversity Visa applicants by letter; NOT by email.

The attorneys at Harrison Alo, Attorneys at Law are happy to answer questions regarding Diversity Visas. Good luck to all who apply!

Employment-Based Immigrant Visa Cut-Off Dates Projected for October 2007

The American Immigration Lawyers Association (AILA) has released informal projections on employment-based visa availability for the October 2007 Visa Bulletin. These projections are based on discussions with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department. Workers who fall into the First and Second Preference categories (EB-1 and EB-2) for all countries will likely see similar visa availability numbers as in the September 2007 Visa Bulletin. For workers who fall into the Third Preference categories (EB-3), cut-off dates are likely to be similar to those found in the January 2007 Visa Bulletin. Workers who are considered to be in the "Other Worker" category will likely have a cut-off date of 10/01/01. The cut-off dates for Fourth Preference workers can not yet be projected, and the cut-off dates for Fifth Preference workers are expected to go current for all countries.

As we explained in an earlier article "Good News for Employment-Based Visa Numbers" the State Department dramatically advanced visa cut-off dates in the July 2007 Visa Bulletin. As a result of this advance, all visa numbers available under the 2007 employment-based numerical limit will be utilized. The experienced business immigration attorneys at Harrison Alo, Attorneys at Law are available to answer questions regarding employment-based visa availability.

DHS Finalizes Safe Harbor Procedures for Employers Who Receive "No Match" Letters

In the wake of Congress's failure to enact comprehensive immigration reform, the Department of Homeland Security (DHS) recently announced several procedures to strengthen the enforcement of federal immigration regulations. The DHS is focusing on employers who unlawfully hire or continue to employ illegal immigrants, and is amending its regulations to reflect this focus. The amended regulation-to go into effect in September 2007-describes the legal obligations of an employer when the employer receives either 1) a "no match" letter from the Social Security Administration (SSA), or 2) a "no-match" letter regarding employment verification forms from the Department of Homeland Security. The amended regulation also describes "safe harbor" procedures the employer can follow to ensure the DHS will not use the letter as any part of an allegation that the employer had constructive knowledge that the employee was not permitted to work in the U.S.

What is a "No-Match" Letter from the SSA?

Employers send the SSA millions of W-2 Forms in which the combination of employee name and social security number does not match SSA records. In some of these cases, "no-match" letters are sent to employers by the SSA, notifying the employer of the mis-match.

What is a "No-Match" Letter from DHS?

The Department of Homeland Security sends "no-match" letters to employers when the immigration status or employment authorization documentation presented or referenced by the employee in completing Form I-9, Employment Eligibility Verification, doesn't match Department of Homeland Security records.

Why might an employee's information not match the SSA's or DHS's records?

There are many scenarios that may result in a "no-match." The discrepancy between the employer's records and the SSA's or DHS's may be due to a number of factors: a clerical error on the part of the employer, a clerical error on the part of the employee, or an employee's name change.

Under the new rules, employers will be in violation of federal immigration laws if they fail to take corrective steps within 90 days of receiving the letter and will be subject to increased fines of 25%.

Safe Harbor Steps

The employer's corrective steps include checking employer records promptly after receiving a no-match letter to determine if the "no-match" is due to a typographical, transcription, or clerical error in the employer's records or in the employer's communications to the SSA or DHS. If the discrepancy is not due to one of the aforementioned reasons, an employer would promptly request that the employee confirm that the employer's records are correct. If they are not correct, the employer would take the required actions needed to correct them. If the records are correct according to the employee, further steps should be taken by the employer, according to the new DHS rule.

According to the DHS's rule, if the proper steps toward verification are taken by the employer, then even if the employee is not authorized to work in the U.S., the employer will not be considered to have had constructive knowledge of that fact based on the receipt of the no-match letter. However, this rule will not provide a safe harbor for employers that for some other reason have actual or constructive knowledge that they are employing an alien unauthorized to work in the U.S.

When it comes to receiving a no-match letter, employers are faced with the difficult task of complying with the SSA's or DHS's rules while still respecting the rights of its employees. It's helpful for employers to seek legal advice immediately following the receipt of a no-match letter to ensure that this balance is maintained. The attorneys at Harrison Alo, Attorneys at Law are available to answer questions regarding the employment verification process.

Attorney Kimberly Harrison Quoted

From: http://www.dailycourt.com/articles.php/2128/
With major immigration reform pending, efforts now can prevent headaches later

CHRIS SPITTAL, Daily Reporter Staff Writer

When a bipartisan group of federal lawmakers unveiled a comprehensive immigration reform bill recently, it once again made immigration a hot-button issue across the country.

Though the future of the bill is uncertain and the debate continues as to whether it would help or hurt the country and its undocumented workers, employers need to realize they soon may face a new hiring environment with additional, stricter regulations.

For now, though, it is a good idea for employers to re-examine their hiring and employee documentation practices, while ensuring they are in compliance with current rules, according to local attorneys.

Kimberly Harrison, a business immigration attorney with Harrison Alo in New Albany, said employers should start by reviewing personnel records. They should make sure all employees have an accurately completed I-9 form, as well as other employment authorization documents.

Some workers will try tactics such as using someone else's Social Security cards or invalid documents to gain employment, she warned.

"Many employers accept forms of authorization that really do not provide the ability to work, or the authorization may have been expired, yet they accept it," she said.

Not only will reviewing such documents ensure employers have all their "ducks in a row," she explained, but it can help them identify which workers could benefit from immigration reform.

Felix "Pete" Wade, partner with Schottenstein, Zox and Dunn, said it can be a challenge for some small businesses to ensure documents are legitimate, as they may not have document experts on hand.

"Everybody's not hiring off college campuses with a human resources department," he said, noting that employers still need to be aware of who is working for them.

"Complying with the law now is obviously the first priority," he said.

Under the proposed bill, Z visas would be issued to currently undocumented workers who entered the country prior to Jan. 1, 2007, if they pass a background check, pay up to $5,000 in fines and fees and pass an English proficiency test.

Y visas would grant others a two-year work permit, which could be renewed twice for a total of six years, provided the worker leaves the United States for at least one year in between each renewal.

If an employer has certain valuable employees it would like to retain, Harrison said, an employer should pay especially close attention to reform developments in case they would need to assist the worker in obtaining a visa.

"If they have key individuals they want to keep, it would be worth it for them to help them out," she said.

If a worker has a felony conviction, chances are slim he or she would be issued a Z visa, Harrison noted, adding that initiating background checks and other research now can save employers from bigger headaches later.

"Obviously, that's something they want to know beforehand so they don't waste the time and money," she said.

Employers should not assume that just because enforcement regarding undocumented workers has been lax in the past, it will continue to be lax if there are new regulations, , Harrison said.

"Employers need to be aware of that," she added. "If they give illegals the opportunity to become legals, enforcement will crack down."

Wade said just keeping up to date with the reform process will help employers comply with whatever changes come as a result of the proposed reform. While large companies may have consultants and counsel to brief them on developments, smaller businesses will need to monitor the situation for themselves.

"They don't want to be the immigration police and they don't want to go to jail," he said, adding that most employers want to focus on selling their products and running an efficient business.

"The reality is they better be paying attention now," Wade said.

"Cleaning up hiring practices and making sure they're not making any mistakes is a good way to spend their time. They need to be as aware as anybody else how to hire properly," he said. "And a lawyer can help."

Copyright 2007, The Daily Reporter, 580 S. High St., Columbus, OH.

Attorney Noure Alo Published in Columbus Lawyer's Quarterly

High Tech Workers - More or Less, Here or there?

(As published in Columbus Lawyer's Quarterly Magazine:
http://www.cbalaw.org/members/publications/barbriefs/CBLQSummer2007.pdf, pages 16 & 17)

By Attorney Noure Alo

Immigration reform has been a hot topic for the last few years. President Bush has brought this issue to the forefront and several proposals have struggled to make it through the partisan-dominated floors of the U.S. Congress. While media coverage has focused on the impact reform will have on illegal immigrants, one increasingly difficult issue is now gaining its own share of attention: the limited availability of visas for the high-tech worker.

High-tech workers have traditionally entered the U.S. employment market through the "H-1B" visa. Essentially, the H-1B is a temporary visa that allows a foreign worker with the equivalent of a U.S. Bachelor's degree to work in the United States in certain industries - primarily technology or science-related fields - for six years (with the possibility of short extensions). The United States Citizenship and Immigration Services (USCIS) can only accept 65,000 such visa petitions until the annual cap is reached.

While it wasn't headline news, it certainly created a stir in technology and science-related circles when the H-1B visa cap was reached on the very first day applications were accepted. How much of a stir? One of the most outspoken opponents of capping the number of H-1B visas is none other than Microsoft Chairman Bill Gates, who has spoken before Congress about the issue and always has a lot to say about the limited amount of high-tech worker visas. One of his biggest contentions is that there shouldn't be a cap at all:

""The whole idea of the H-1B thing is don't let too many smart people come into the country. Basically, it doesn't make sense," says Gates.

Taking a step back, it's important to look at the raw data: The U.S. Citizenship and Immigration Services (USCIS) began accepting applications on April 2, 2007 for the 65,000 available H-1B visas (there are also 20,000 additional visas for individuals with U.S. Master's degrees). On that very day, 133,000 applications were received. This means that at least 48,000 highly skilled workers will be denied visas without any review of their applications. Likely among those denied will be applicants with computer science degrees from Ivy League universities and highly-accomplished professionals who have made significant contributions in their fields.

Which begs the question: Isn't it in the best interest of the U.S. economy to retain the skilled workers who are educated here? Do we not want to attract the best and brightest skilled workers from around the world? As it stands, current regulations don't seem compatible with these intentions. Many argue that until Congress increases the H-1B visa cap, the U.S. is severely limiting its potential for economic growth and diminishing its ability to remain competitive in the global market.

Advocates of increasing the number of H-1B visas have pointed out that the current cap of 65,000 is arbitrary and has little correlation to industry demand. Compete America, a Washington, DC-based lobbying group that includes corporations such as Microsoft, Intel, and Hewlett-Packard, says that the need for more H-1B visas is urgent because companies can't meet their demand for skilled labor under the current cap. They maintain that this year's H-1B visa shortage will only result in the increased off-shoring of science and technology-related jobs to foreign markets. Gates has even gone so far as to call the H-1B visa shortage a "crisis," sparking speculation that the current H-1B policy might be causing the U.S. to become the victim of a self-induced "brain drain" with potentially damaging long-term effects. The U.S. is making it "infinitely more difficult to maintain its technological leadership if it shuts out the very people who are most able to help us [the U.S.] compete," according to Gates.

Many U.S. university officials share Gates' viewpoint. They insist that an increase in the H-1B cap will attract a higher caliber of international students, who will be able to remain in the U.S. if the path to permanent residency is also streamlined. As it stands now, graduating international students are only permitted to work in the U.S. for one year after graduation and must leave the U.S. if they are unable to obtain an employment-based visa during that short window of time. American universities invest substantial resources in their foreign students with the expectation that these graduates will at least have the opportunity to contribute their skills to the U.S. economy. The current H-1B cap effectively results in U.S. universities becoming training grounds for foreign skilled workers to take their knowledge to foreign markets, because opportunities for remaining in the U.S. on an employment-based visa are severely limited.

Despite its high-profile advocates, H-1B cap expansion faces widespread opposition. In fact, some would like to see the H-1B visa abolished altogether. Opponents claim that tech employers like Microsoft and Intel support H-1B expansion because the visa allows them to hire foreign skilled workers who are willing to work for much lower rates than American citizens and Permanent Residents, thereby keeping salaries for computer scientists and engineers artificially low. However, H-1B advocates point out that all H-1B applications must include a Labor Condition Application (LCA), in which the employer attests that the employee will be paid the prevailing wage for the position. Prevailing wages are determined by the U.S. Department of Labor, and should employers refuse to comply with the LCA, they face heavy penalties. Such regulations, if enforced properly, should ensure that U.S. citizens and permanent residents aren't being unfairly overlooked by employers in favor of "cheap foreign labor."

Others make the claim that foreign skilled workers should not even have the opportunity to take jobs from American workers. However, when the alternative is off-shoring, isn't it preferable to keep jobs on American soil, even if some of those jobs are being filled by foreign skilled workers? Many in the science and technology sectors maintain that foreign skilled workers don't take jobs from U.S. permanent residents and citizens, but, rather, create them. A Duke University study revealed that, over the last decade, 25.3% of American engineering and technology companies have been founded by immigrants. In 2006 alone, U.S.-based immigrants contributed 25% of all international patent applications. Innovations taking place on U.S. soil help the American economy to stay competitive in the global market. Moreover, science and technology industries have relatively low unemployment rates, weakening the argument that H-1B visa workers are taking jobs from U.S. permanent residents and citizens.

Legislators are making efforts to revise the current cap in light of the crisis. Representatives Luis V. Guttierez (D-Ill) and Jeff Flake (R-AZ) have drafted the Security Through Regularized Immigration and a Vibrant Economy (STRIVE) Act, a bill that calls for increasing the cap on H-1B visas to 115,000, which can be further increased up to 180,000, as needed. The legislation would also exempt certain individuals who have earned advanced degrees in science, technology, engineering, or math from the U.S.

While this may not be the perfect solution, it is clear that one is needed. We cannot afford to continue to fall behind countries such as India and China due to arbitrary restrictions and limitations. With outsourcing being de rigeur, we should combat its negative effects by increasing our yearly cap on high-tech worker visas and realizing the return of our Universities' investments.

Attorney Kimberly Harrison named a Rising Star By Super Lawyers Magazine

Congratulations to Attorney Kimberly Harrison. Ms. Harrison has been named a Rising Star in the field of Immigration by Ohio Super Lawyers Magazine.

http://www.superlawyers.com/index.php?keyword=
harrison&Itemid=62&code=OH&action=
RS&option=com_superlawyers&task=results

AILA's Immigration Reform Update

From The American Immigration Lawyer's Association

"Senate resumed consideration of amendments to the CIR bill, S. 1639; Cloture Vote Expected Tomorrow (6/28)

Highlights of today's proceedings:

• Five amendments were tabled (killed), including amendments to accelerate "touchback" for Z visa applicants, expand legalization eligibility requirements, and prevent Z visa holders from getting green cards.
• A motion to table a Baucus amendment to remove REAL ID requirements from the underlying bill failed.
• Senator Reid announced that a cloture vote to end debate will occur Thursday morning, likely around 10:30 am.

Summary of Senate Proceedings-6/27/07:

Following morning business, the Senate resumed debate on the CIR bill, S. 1639. Members of both parties spoke on behalf of the bill in general, and urged that the debate move forward, amendments be voted on, and the final bill be passed. Some members of the minority party, however, expressed concern with the procedural process thus far.

Majority Leader Reid allowed some discussion before bringing the senators back on course. Senators then considered, and tabled, the following amendments:

• Hutchison Amendment Accelerating "Touchback" for Z Visa Applicants
A motion to "table," or kill, the amendment was agreed to by a vote of 53-45.


• Webb Amendment Expanding Legalization Eligibility Requirements
A motion to table the amendment was agreed to by a vote of 79-18.


• Bond Amendment Preventing Z Visa Holders from Earning Green Cards
A motion to table the amendment was agreed to by a vote of 56-41.


• Dodd Amendment Increasing Immigrant Visas for Parents of USCs
The motion to table the Dodd amendment was agreed to by a vote of 56-41. Following this vote, a side-by-side to this amendment from Senator Kyl (R-AZ), which would have negated some of the improvements proposed in the Dodd amendment, was withdrawn.


• Menendez Amendment Increasing Points Awarded for Family Ties
A motion to table the amendment was agreed to by a vote of 55-40.


• Baucus Amendment on REAL ID
A motion to table the amendment was not agreed to, 45-52, and the amendment remains up for consideration.

The Senate will take no further votes until Thursday around 10:30 am EDT on a motion to invoke cloture and limit debate on S. 1639. If that vote passes, the remaining germane amendments will be considered."

USCIS Implements Procedures for Form I-140

On May 17th, the U.S. Department of Labor (DOL) published a rule that is designed to curb fraud in the labor certification process of non-U.S. citizens. Employers will no longer be permitted to substitute one alien applicant with another on permanent labor certification applications or on approved labor certifications. In the past, employers have frequently used substitutions to avoid losing their places in the processing line. Under the new regulations, if the DOL finds an employer employing substitution, the employer will be debarred. Employers are also forbidden from the sale, barter, or purchase of permanent labor applications and certifications. Individual labor certifications are required for members of professions holding advanced degrees or aliens of exceptional ability (EB-2) and skilled workers, professionals, and other workers (EB-3). The DOL regulation does the following: 1) Prohibits the substitution of alien beneficiaries on any permanent labor certification application after the application has been filed with DOL 2) Establishes a 180-day time period within which a DOL-approved labor certification must be filed with USCIS in support of a Form I-140 petition in order to remain valid 3) Requires that any labor certification approved by DOL prior to July 16, 2007 be filed with USCIS in support of an I-140 petition within 180 days after the effective date of the DOL final rule in order for the certification to remain valid. The regulation also bans sponsoring employers from recouping foreign workers' costs, including those of legal counsel, related to preparing, submitting and obtaining a permanent labor certification. In addition, this provision precludes fee collection through payroll deductions and other means, such as lump sum payments. To view the complete rule, visit www.regulations.gov. The experienced business immigration attorneys at Harrison Alo, Attorneys at Law can address your needs regarding foreign labor certification programs.

USCIS Increases Fees on July 30, 2007

The U.S. Citizenship and Immigration Services (USCIS) announced a revised fee structure that will go into effect on July 30, 2007. The revisions are an attempt to strengthen the security and integrity of the U.S. immigration system and improve customer service. The USCIS says that the increased revenue will result in a 20 percent reduction in average application processing times. Positive changes to the fee structure include a 25% reduction to the I-485 processing fee (Adjustment of Status) for children under the age of 14, additional benefits for prospective adoptive parents, and the expansion of fee waivers for adjustment of status cases that arise from asylum or other humanitarian reasons. The rule also allows the USCIS to waive the filing fee for U.S. citizens seeking immigrant status for their alien spouses through K-3 visas. Despite the reduction in fees for the aforementioned cases, it appears as though most of the USCIS' filing fees will increase substantially. For example, Form I-130 (Relative Petition) will increase from $190 to $355, Form I-765 (Employment Authorization Document) will increase from $180 to $340, and, most notably, Form I-485 (Adjustment of Status, or Permanent Residency) will increase from $395 to $1,010. It will also cost more to file employment-based petitions. Form I-129 (Petition for Nonimmigrant Worker) will increase from $190 to $320 and Form I-140 (Petition for Immigrant Worker) will increase from $195 to $475. Applications or petitions postmarked or otherwise filed on or after July 30, 2007 must include the new fees. The attorneys at Harrison Alo, Attorneys at Law are available to answer your questions and discuss your concerns regarding the USCIS fee restructuring.

Citizenship Applications to be Adjudicated Separately

In September 2006, U.S. Citizenship and Immigration Services declared that the backlog for the N-400 Naturalization Application was at its record low. Dropping the average processing time from 14 months to 5 months, the USCIS has made a dramatic improvement by taking on one case at a time and treating each N-400 application separately. By no longer processing group N-400 applications simultaneously, the USCIS has managed to decrease the total backlog of all applications from 3.8 million in 2004 to a little over 1.1 million in July 2006. Therefore, unless specifically requested by a group, the USCIS will continue to process each N-400 application individually in order to expedite Naturalization Applications. The average processing time for the N-400 applications is currently less than 6 months. To ensure that your N-400 application is handled in a timely manner, our skilled attorneys at Harrison Alo are committed to concentrating our efforts on your case. Contact Harrison Alo today to get the results you deserve.

Good News for Employment Based Visa Numbers

The June 2007 Visa Bulletin (published by the U.S. Department of State) shows a significant jump in the availability of employment-based immigrant visas, particularly for employment-based second preference applicants (EB-2) from India and China, and all employment-based third preference applicants (EB-3). The priority date for EB-2 applicants from China moved up from April 22, 2005 in the May Visa Bulletin to January 1, 2006 in the June Visa Bulletin. EB-2 applicants from India have seen their priority date change from January 8, 2003 (May Visa Bulletin) to April 1, 2004 (June Visa Bulletin). All EB-3 applicants have witnessed a jump in priority dates, as well. Check the Visa Bulletin for June 2007 http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html to see if your priority date is earlier than the current cut-off date. The attorneys at Harrison Alo, Attorneys at Law can answer your questions and address your concerns about priority dates and employment based visas.

More Visas Available to Iraqi and Afghan Translators

On May 22, 2007, the U.S. House of Representatives passed legislation to grant up to 500 visas to foreign translators and interpreters who assisted U.S. troops in IraVisas Available to Iraqi and Afghan Translatorsq and Afghanistan. President Bush is expected to sign the measure into law soon. The attorneys at Harrison Alo, Attorneys at Law are happy to answer your questions and address your concerns about visas for translators. 

Congress to Debate Bipartisan U.S. Immigration Deal 

In his 2007 State of the Union address, President Bush called for comprehensive immigration reform; an undertaking that eluded Congress in the prelude to last year's midterm elections. The administration is hoping the bipartisan immigration deal that was unveiled on May 17th will survive an upcoming debate in Congress. If the legislation passes, millions of undocumented immigrants will have the opportunity to obtain legal status. The agreement would allow the estimated 12 million illegal workers who are already in the U.S. to come forward to claim a probationary card that would allow them to live and work legally in the U.S. After a series of border security measures are implemented, the 'Z' visa program will be enacted. Individuals who come forward at this time will be subject to a background check, and, if cleared, will be issued a 'Z' visa The 'Z' visa will allow formerly illegal immigrants to begin the path toward permanent residency after paying fees and a $5,000 fine. Permanent residency could take between 8 and 13 years, with a requirement that heads of households return to their home countries and apply to reenter the U.S. legally through embassies and consulates. Immigrants who entered the U.S. illegally as children, and who are now in college or the military, will be permitted to stay in the U.S. under the new legislation. They will be able to obtain a green card in three years and will be the fastest group to obtain citizenship. A guest worker program for low-skilled laborers is also one of the plan's components. Guest workers will be permitted to enter the country and work for two years at a time, after which time they will have to return to their country for at least one year. They will be able to renew their visas twice. In order to obtain permanent residency, guest workers will be required to apply under a point system for a limited number of green cards. In one of the most controversial measures of the legislation, family ties will no longer receive preference in the green card process. The immigration system will instead be weighted in favor of immigrants with advanced degrees and specialized skills. Spouses and minor children of U.S. citizens will still be able to apply for green cards, but strict new limits will hinder U.S. citizens from bringing their parents into the U.S. It is unclear whether the proposed legislation will pass both houses of Congress; but if it does pass, it will surely affect millions of lives. The attorneys at Harrison Alo, Attorneys at Law are prepared to answer your questions and discuss your concerns about immigration reform.