ImmiLETTER Vol. III – Issue 2: February 1, 2008

US Presidential Candidates
Who Is The Best Bet For Legal Immigrants?

With Candidates dropping off almost weekly, currently there are only two democrats and four republicans running for the US President’s post as of February 1, 2008.

Democrat senator from New York, Hillary Rodham Clinton, has a lot of points in her favor, starting with a very pro-immigration stand. She is also the founder and co-chairperson of senate India caucus and has openly endorsed increasing the H1-B quota.

Immigration Case Denied?
– Filing Motion to Reopen
Every applicant in the Immigration process dreads the word “denied”, especially in regards to their cases. Cases can be denied due to various reasons, for example in-adequate or false information, ineligibility etc.

If your case is denied, USCIS will send you or your attorney a notice explaining the grounds on which the denial was made. Read carefully through this explanation and find out whether your can appeal this decision. This information should be included in the notice as well.

If your case is denied for some reason, you have three options – (a) File A Motion To re-open or Reconsider The Decision, (b) File An Administrative Appeal and (c) Re-file the Case……..

Increased PERM Audits indicative of any procedural changes?
As we reported back in October 2007, PERM Audits are on the rise. Is that indicative of any changes in future? As of now, the DOL only confirmed that a new PERM form should be issued later this year. The new ETA 9089 PERM form is of course expected as the old one is set to expire in March this year.

Employers can note that the frequent audits may push the PERM processing time to beyond the mandatory 60 days. We had discussed necessary precautions to be taken by employers in our article DOL CONDUCTING FREQUENT PERM AUDITS (October 2007).

The DOL, while confirming the rise in audits, indicated that this was due to no special reason but simply to maintain the integrity of the PERM program.

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