Articles in Channel: Immigration Law

Understanding the Eleventh Circuit's Polycarpe Decision

September 07, 2010 00:01

Recently I reported that the Eleventh Circuit’s decision in Polycarpe v. E&S Landscaping Services, Inc. will lead to an increase in the number of FLSA cases filed against small businesses in Florida.  This week I will summarize Polycarpe and attempt to explain its...

Understanding the Eleventh Circuit's Polycarpe Decision

September 07, 2010 00:01

Recently I reported that the Eleventh Circuit’s decision in Polycarpe v. E&S Landscaping Services, Inc. will lead to an increase in the number of FLSA cases filed against small businesses in Florida.  This week I will summarize Polycarpe and attempt to explain its...

More lies from Governor Brewer

Mario Ramos
September 03, 2010 20:32

In a memorable performance this week, Arizona Governor Jan Brewer refused to defend previously made anti-immigrant statements regarding undocumented immigrants and beheadings during a gubernatorial debate with Attorney General and Democratic candidate, Terry Goddard. While Governor Brewer’s opening ...

Eleventh Circuit Rules for Employees on FLSA Enterprise Coverage

August 31, 2010 23:38

In an important decision that will affect countless numbers of small businesses in Florida, the Eleventh Circuit Court of Appeals today rejected the arguments of several employers that they were not subject to “enterprise coverage” under the Fair Labor Standards Act.  The decision,...

Eleventh Circuit Rules for Employees on FLSA Enterprise Coverage

August 31, 2010 23:38

In an important decision that will affect countless numbers of small businesses in Florida, the Eleventh Circuit Court of Appeals today rejected the arguments of several employers that they were not subject to “enterprise coverage” under the Fair Labor Standards Act.  The decision,...

Neufeld "Employer-Employee Relationship" Memorandum Upheld

August 26, 2010 21:40

In a blow to employers, a federal district court has upheld a USCIS memorandum that set out factors to determine whether an employer-employee relationship existed for H-1B nonimmigrant visa petition adjudication purposes. The case was brought by an IT staffing firm that, along with other IT...

The Basics of the Labor Condition Application

August 25, 2010 15:21

In very general terms, the Labor Condition Application ("LCA") is a prerequisite process that must be completed and certified by the Department of Labor prior to the submission of a petition to classify a worker in H-1B, H-1B1 or E-3 status.  For more on the E-3 classification, see...

Major filing fee increases for employers who use substantial H-1B and L-1 visas

August 22, 2010 15:56

Implementing a portion of the Border Security funding bill (Public Law 111-230) signed by President Barack Obama on August 13, USCIS has announced a new fee, in addition to existing fees, for certain H-1B and L-1 petitions. The new fee is $2,000 for certain H-1B and $2,250 for certain L-1...

Fee Increases for H-1B or L-1 Reliant Employers

August 20, 2010 14:12

President Obama recently signed a new law containing provisions which increase certain H-1B and L-1 petition fees.  The new law adds an additional fee of $2,000.00 for certain H-1B petitions and $2,250.00 for certain L-1A and L-1B petitions postmarked on or after August 14, 2010.   The...

A Statistical Overview of Immigration Enforcement Actions in 2009

August 19, 2010 18:28

The Office of Immigration Statistics recently released its Annual Report presenting information on the apprehension, detention, return and removal of foreign nationals in the United States during 2009.  The report is illuminating and helpful because it uses specific numbers to describe a...