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Washington DC, United States
Aik Wan Kok Fillali at Tiya represents companies, employers, individuals and families in U.S. immigration law in areas including, but not limiting to, green card, work visa and waiver matters. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver, and employer-sponsored PERM labor certification; and all types of work visas such as Hs, Ls and Es. We represent clients within the U.S. and abroad. With decades of professional immigration law experience with excellent results, we are your best source of professional U.S. immigration law services. PLEASE VISIT OUR WEBSITES AT http://www.tiyaimmigration.com , http://www.immigrationresource.net AND http://tiyalaw.blogspot.com , THANK YOU.
Showing posts with label Immigration Employment Compliance. Show all posts
Showing posts with label Immigration Employment Compliance. Show all posts

Friday, February 11, 2011

EAD and Advance Parole Incorporated Into One New Card!

On February 11, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced that it is now issuing employment and travel authorization on a single card for certain applicants filing a Form I-485, Application to Register Permanent Residence or Adjust Status; and also filing I-765, Application for Employment Authorization (EAD), and I-131, Application for Advance Parole.

This new card represents a significant improvement from the current practice of issuing paper Advance Parole documents especially because of the multiple functionalities of the card. For example, the new card can be used as proof of employment authorization in the United States, and for I-9 Employment Eligibility Verification purposes. It also serves as a form of international travel document (in conjunction with a valid passport), and the bar-coded card is more secure and more durable than the current paper Advance Parole document.

The card looks similar to the current EAD card but will include text that reads, “Serves as I-512 Advance Parole.” When a card is issued with this text, it will serve as both an employment authorization and Advance Parole document.

Under certain circumstances, USCIS will continue to issue separate EAD and Advance Parole documents. For example, an applicant will receive an EAD without permission to travel if the applicant does not request Advance Parole or if the applicant’s Form I-765 is approved but your Form I-131 is denied.

Please note, an approved advance parole, in paper or card format, is only a document permitting the traveler to seek permission at the port of entry to re-enter the United States, and the re-entry into the U.S. is not guaranteed. Moreover, certain foreign nationals with certain immigration histories may jeopardize their immigration process by traveling internationally even with approved advance parole documents/cards. Foreign nationals should consult with experienced immigration attorneys prior to their international travels.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card, work visa and waiver matters in U.S. immigration law.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Friday, June 4, 2010

ICE Arrests: Targeting Immigration Fugitives and Foreign Nationals Arrested or Convicted of Certain Crime (Foreign Nationals & Green Card Holders Take Note!)

Foreign Nationals or non-U.S. citizens (including green card holders) with criminal histories, removal/deportation orders, immigration hearings or notice to appear at immigration hearings should have their immigration options thoroughly analyzed and represented.

From May 10 to May 4 of 2010, and from May 24 to 28 of 2010, the local U.S. Immigration and Customs Enforcement (ICE) fugitive operations teams (FOT) arrested 72 foreign nationals (65 men and 7 women) in Chicago. FOT is one of the divisions of the U.S. Department of Homeland Security’s broader strategy to heighten and implement its strategies to effectively identify and remove dangerous criminal foreign nationals from the U.S.

This May 2010 FOT operations targeted immigration fugitives and criminal foreign nationals because the top priority for ICE is to enhance public safety. These arrestees originated from various countries such as China, Columbia, South Korea, Mexico, Peru, Jamaica, Israel, India, Honduras, Ecuador, Czech Republic, El Salvador, Lithuania, Macedonia and Columbia.

Immigration fugitives include foreign nationals who have failed to appear for immigration hearings, or who have absconded after being ordered by an immigration judge to leave or be removed from the U.S. Criminal aliens include non-citizens who have been convicted of or arrested for certain crimes which include, but are not limited to, drug possession, drunken driving, domestic battery, theft, burglary or larceny.

Last year, FOT made over 35,000 arrests nationwide. Over 31,000 or 81% of those arrests involved immigration fugitives and foreign nationals with prior criminal convictions/histories.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent companies, and individuals and their families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Friday, June 5, 2009

A Smooth Sail for Employers? Immigration Worksite Enforcement

As Congress continues to appropriate more money to the U.S. Immigration and Customs Enforcement (ICE), employers in the U.S. will see an increase in immigration worksite enforcement in all industries, and industries involving critical infrastructure, according to officials of ICE who presided in a conference on May 28, 2009, held in affiliation with the immigration bar association.

Immigration worksite enforcement (worksite enforcement) is a process whereby the U.S. federal government, through ICE, enforces the law against the employers in the U.S. in the hope of effectively, including but not limiting to, reducing the demand for illegal employment, and protecting the employment opportunities in the U.S. for the U.S. lawful workforce. All employees must be authorized to work in the U.S., either automatically (U.S. citizen or lawful permanent resident) or by the U.S. Citizenship and Immigration Services (USCIS).
Among other things, ICE agents are encouraged to conduct more investigation on employers’ compliance with the employment verification system on Form I-9. ICE’s new policy is to increase the number of fines levied on sanctioned employers, and to adopt more uniformity in the level of fines across the U.S. In addition to fines, ICE may also debar certain companies, found in violation of worksite enforcement, from accepting contracts from the U.S. federal government.

Much of the worksite enforcement policy was developed only two or three years ago and they continue to evolve rapidly because it was only in 2005 that the U.S. government started to increase its focus on worksite enforcement. ICE continues to provide training to their ICE agents on worksite enforcement policy to increase their agents’ expertise in executing the law on worksite enforcement.

Due to the continuous evolution of worksite enforcement policy, upon worksite enforcement from ICE agents, the employers, when appropriate, should not be afraid to respectfully challenge the ICE agents’ interpretation of the worksite enforcement law.

All Rights Reserved.

For more information, please contact Aik Wan Kok, Immigration Attorney, at
koka@tiyalaw.com, 703-772-8224 or www.tiyalaw.com. Ms. Kok at Tiya PLC represents companies and foreign nationals in the areas of immigration law (e.g. work authorization, green card and I-9 compliance). With more than a decade of professional immigration law experience with excellent results, we are your best source of professional U.S. immigration law services.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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