Immigration Law

Meet the Co-chairs - TAGLAW

Paget, Joel H.
Ryan, Swanson & Cleveland, PLLC

Immigration Law

Author: Henry J. Chang; Blaney McMurty (Ontario, Canada)

On February 11, 2014, the Government of Canada announced its intention to terminate the Federal Immigrant Investor Program (“IIP”) and Federal Entrepreneur Program (“EP”) and eliminate the large backlog of applications. These immigration-related announcements were contained in the Canadian Government’s 2014 Budget (the “Economic Action Plan 2014”).

Read more: Government of Canada to Eliminate Immigrant Investor and Entrepreneur Programs

Contact: Evelyn M. Suarez, Williams Mullen (North Carolina & Virginia, USA)

On January 21, 2014, the White House announced the first U.S.-Africa Leaders Summit in Washington, DC to take place on August 5 and 6, 2014.  President Obama invited leaders from across the African continent with the aim of strengthening ties with one of the world’s most dynamic and fastest-growing regions.  Six of the world’s ten fastest growing economies of the past decade are in sub-Saharan Africa.  According to the White House Press Release, “[t]he Summit will build on the progress made since the President’s trip to Africa last summer, advance the Administration’s focus on trade and investment in Africa, and highlight America’s commitment to Africa’s security, its democratic development, and its people.”


Read more: Africa’s Golden Opportunity To Engage the United States on Trade and Investment at the U.S. -...

Contact: MARY E. PIVEC AND REBA M. MENDOZA; Williams Mullen (North Carolina & Virginia, USA)

In Greater Missouri Medical Pro-Care Providers, Inc., ARB Case No. 12-015, ALJ Case No. 2008-LCA-26 (2014), a divided U.S. Department of Labor (“DOL”) Administrative Review Board (the “Board”) partially reversed the decision of the Administrative Law Judge (“ALJ”) and held that the DOL Wage and Hour Administrator has authority to investigate alleged INA violations involving H-1B workers who have not filed an H-1B complaint with the DOL on the basis of a single aggrieved party complaint, but the Administrator is statutorily limited from investigating any H-1B violations that occurred more than twelve (12) months prior to the filing of an aggrieved party complaint, on the basis of such complaint.

Read more: For H-1B Employers: How Even a Single Employee’s H-1B Complaint Could Incite a Comprehensive DOL...

Contact: Janet Cheetham, Joel Paget & Marsha Mavunkel; Ryan, Swanson & Cleveland, PLLC (Washington, USA)

Our Predictions for the Coming Year

  • Comprehensive immigration reform will be passed by the end of the year.  This will cause the largest migration of employees from one employer to another once 11 million people have “legal status."

Read more: Immigration Law Update

Contact: Mary E. Pivec, ESQ.; Williams Mullen (North Carolina & Virginia, USA)

Infosys Limited’s recent $34 million settlement with the U.S. Government resolved the threat of criminal charges against the company based on allegations of visa fraud. During the course of the investigation, U.S. Immigration and Customs Enforcement (ICE) audited the company’s Form I-9 files and reported that more than 80% of the company’s Forms I-9 contained “substantive” errors meriting civil money penalties. Using the company’s reported U.S. headcount and turnover rate, this translates to roughly over 13,500 violations and total potential civil money penalties of over $12.6 M at a base penalty rate of $935 per violation according to the ICE fine-setting matrix.

Read the entire article.