Katona & Mir provides you the latest news relevant to our practice areas. Check back here regularly for updates.

Legal Updates and Firm News:

  • Katona & Mir was victorious in a recent Arbitration where we defended our client in a lawsuit by her former agent. The Arbitrator held that our client did not have to pay her former agent and awarded our client a counterclaim.

  • The US State Dept. announced that the July 2007 Visa Bulletin making current all employment based immigrant visa numbers (except 'other workers') will remain in effect until Aug. 17, 2007. This means that anyone with an approved labor certification with a priority date on or before July 31, 2007 can file their green card application until Aug. 17th.

  • Mr. Katona has been selected to Co-Chair the Corporate Practice Committee of the New York Chapter of the American Immigration Lawyers Association (AILA). Mr. Katona also serves on the Labor Department Committee of the NY Chapter of AILA and on the Immigration Committee of the New York City Bar Association.

  • As of July 31, 2007, employment based green card applicants living in either New York or New Jersey are instructed to file with the Texas Service Center, not the Nebraska Service Center. Family based green card applicants are still to file with the Chicago Lockbox. Please contact us for further information.

  • CIS announced on 3/9/07 that effective 4/2/07 I-129 petitions will be filed either to the Vermont or Calironia Service Center, depending upon where the beneficiary will work. This is a change from current procedures, under which the filing location is determined by the type of visa sought. Note that this procedure applies to H-1B filings.

  • On Dec. 5, 2006 the US Supreme Court issued its decision in Lopez v. Gonzales holding that noncitizens who are convicted for the first time of a state felony drug possession offense (expect those convicted for possession of more than 5 grams of crack or of any amount of flunitrazepam) are not considered 'aggravated felons' for immigration purposes. Anyone with such a conviction may now be eligible to apply for cancellation of removal, asylum and/or naturalization. This decision will potentially affect thousands of immigrants. Feel free to contact us for further details.

  • DHS has announced that on Jan. 23, 2007 citizens of the US, Canada, Mexico and Bermuda will now be required to present a valid passport in order to enter the US from a destination in the Western Hemisphere.

  • It was reported on Nov. 30, 2006 that federal immigration officials appeared at the home of Georgia State Senator Curt Thompson (Dem) to inform him that his new wife has a deportation order against her.

  • On November 1, 2006, USCIS changed its website. Please note that there are several links and document attachments that do yet appear functional. It may take some time for these kinks to be corrected.

  • K&M was victorious in defending a client-broker in a securities arbitration before the NASD. The Panel denied the request for a permanent injunction against our client, and granted our client a counterclaim.

  • On October 26, 2006, President Bush signed into law the Secure Fence Act of 2006. This law mandates the building of 700 additional miles of fencing along the southern border and also authorized the use of more advnced technologies to patrol the border, including security cameras and unmanned aircrafts. As of November 2006, these technologies are already in use.
  • SUPREME COURT UPDATE: On October 3, 2006, the US Supreme Court will hear oral arguments in two cases to decide whether drug possession convictions that qualify as state felonies, but not federal felonies, should still be classified as 'aggravated felonies'. Being convicted of a crime considered to be an aggravated felony makes legal residents deportable and bars them from most forms of relief from deportation.

  • CIS is no longer accepting H-1B petitions for new employment. The earliest date applicants for new employment may apply is April 1, 2007 for employment beginning on or after October 1, 2007. Note that you may still file an H-1B petition to extend your current H-1B status, if eligible, or to change your H-1B employer.

  • As of 4/24/06, USCIS reports that it has received 12,713 H-1B petitions and has issued 3,907 approvals. Additionally, it reports that it has received 2,358 H-1B petitions from US Masters degree holders, which petitions count against a separate cap of 20,000 visas, and has issued 898 approvals. At this pace, the normal H-1B cap may be exhausted by July 2006, and the cap for US Masters degree holders may be reached by September 2006. NOTE: These are only estimates based upon current visa usage data. Click here to view USCIS report.

  • The visa priority date for green card applicants in the EB-3 other or unskilled category will retrogress on May 1, 2006 by 1 year to October 2000 in the face of an increased demand for visa numbers in this category.

  • USCIS released a Fact Sheet on security checks that discusses IBIS and FBI checks and timing issues. This fact sheet confirms that a small percentage of cases may take in excess of 6 months to resolve security investigations. Click here to view Fact Sheet.

  • On April 20, 2006, DHS unveiled its comprehensive immigration enforcement strategy for the nation's interior. Its strategy focuses on identifying and removing criminal aliens, building strong worksite enforcement and compliance programs and uprooting criminal networks that support illegal immigration. Upon the release of this announcement, ICE arrested over 1,000 illegal workers, including 7 senior managers, of IFCO, the largest pallet services company in the US.

  • Under a new federal law that takes effect in July 2006, existing Medicaid recipients, and anyone applying for Medicaid coverage after the end of June 2006, will be required to document their US citizenship status. Those who cannot document such status will be stripped of their coverage, or denied coverage in the case of fist time applicants. Although the new law mandates that the federal and state governments begin educating the nation's over 50 million Medicaid recipients of these new requirements, no education campaign has yet been initiated.

  • In March 2006, the 1 year anniversary of the start of PERM, which began on March 28, 2005, DOL released key statistical figures on the program. DOL recorded 80,272 PERM cases filed; 36,687 approvals (a 45% approval rate); 23,205 denials (a 29% denial rate); and 24,960 audits initiated (31% of cases audited).

  • In April the state of Georgia passed a law requiring citizenship verification for those seeking state/local public services and authorizing local law enforcement personnel to enforce federal immigration laws.

  • On March 2nd, the Senate Judiciary Committee began discussions on Senator Specter's draft bill on immigration reform. This bill does not currently include a path to permanent residence for aliens in the US who are out of status. The Senate has indicated that it will take up floor debates on immigration reform at the end of March.

  • The U.S. House has indicated that it will soon take up debates on the Dream Act, legislation which would legalize school age children who meet certain criteria. Such criteria would likely include presence in the US and attendance at US schools for a certain time and a demonstrated commitment to learn the English language. In November 2005, the Senate introduced its version of the DREAM Act, S. 2075.

  • On 2/6/06, President Bush released his proposed budget for fiscal year 2007, requesting among other funds $247 million for a new Guestworker program. Legislation to implement such a program is still being debated in Congress - so the Guestworker program is not yet active. A key issue involved in the debates surrounding this program is whether certain illegal aliens who may benefit from this program should also be provided a path towards permanent residency.

  • On 2/13/06 the Department of Labor published a proposed rule that would limit the validity of approved labor certifications to 45 days (thus requiring employers to file I-140 petitions within 45 days after approval of underlying labor certifications) and that would prohibit the substitution of aliens into pending or approved labor certifications. For the full text of this proposed rule, click here.

  • DHS announced on January 30, 2006 that it has now expanded expedited removal to include those foreign nationals who have been in the U.S. for 14 days or less and who are apprehended within 100 miles of the border with Canada or Mexico or of any U.S. coastal area. For the full text of this press release, please click the following link: DHS Press Release on Expedited Removal

  • The State Department commented in January 2006 that employment- based visa numbers in all 3 preference categories are advancing faster than previously expected. This means that aliens who are currently waiting for visa number availability may have less of a wait than many had previously guessed.

  • CIS announced on 1/18/06 that the 20,000 H-1B visa quota designated for aliens with US Masters or higher degrees was exhausted on 1/17/06. Aliens seeking to file for initial employment under this program may no longer apply! Only current H-1B holders (who have already been counted towards the H-1B cap) seeking to extend their visa or change their H-1B employer may continue filing.

  • CIS has announced that Australian nationals may now file with USCIS I-129 petitions to change their status to E-3 or extend their E- 3 visa status.

  • The Dept. of Labor has amended its policy on multiple PERM labor certification applications filed by the an employer for the same alien and job position. Employers must withdraw all unwanted multiple filings by January 19, 2006, or the DOL will process the application filed last in time. For those cases filed after January 19, 2006, the DOL has determined that the application filed first in time will be processed - all subsequent filings for the same alien and job position will be denied. As for backlog(non-PERM), multiple filings, the DOL will issue a notice of findings and ask the employer to identify the application to be processed - all other multiple filings for the same alien and job position will be denied. Please note that filings by an employer for the same alien but a different position are still permitted.

  • The U.S. House of Representatives on 12/16/05 passed H.R. 4437, a bill that criminalizes illegal presence and may affect over 11 millions illegal aliens in the US.

  • The U.S. House of Representatives stripped the H-1B and employment based immigrant visa relief provisions from the budget reconciliation bill (S. 1932) working its way through Congress. The Senate is scheduled to take up this bill on 12/19.

  • The U.S. Court of Appeals for the 2nd Circuit found that the Immigration Judge erred in his finding that inconsistencies between the testimony given by an asylum seeker in his credible fear interview at the airport and in his court hearing were significant and numerous. The Court found that airport interviews must be viewed with caution, as asylum seekers may be wary of authorities and may not be forthcoming. For a full text of this decision, click on the following link: Latifi v. Gonzales

  • The U.S. Court of Appeals for the 9th Circuit found that the Immigration Court's holding that the asylum applicant did not demonstrate 'changed circumstances', which would have excused her failure to file her asylum application within the 1 year deadline, is a factual determination that is not within the jurisdiction of the court to review. Only legal or constitutional questions may be reviewed by the court. For the full text of this decision, click on the following link: Ramadan v. Gonzales

  • The U.S. Court of Appeals for the 1st Circuit found that the retroactive application of the expanded definition of 'aggravated felony' imposed by IIRIRA does not violate due process. For the full text of this decision, click on the following link: Sena v. Gonzales

  • The U.S. Court of Appeals for the 7th Circuit found that being a 'material witness' to someone's whereabouts does not qualify as membership in a social group or any other status protected by asylum law. For the full text of this decision, click on the following link: Djouma v. Gonzales

  • The DOL publishes a final rule, effective January 4, 2006, requiring that all employers filing Form ETA 9035 Labor Condition Applications do so electronically, except in very limited circumstances. For the full text of this publication, click the following link: Final Rule

  • USCIS changes its policy on I-864 Affidavit of Support requirements. Sponsors are now only required to submit their most recent tax return, rather than their last 3 tax returns. See the full text of this memo: I-864 memo