Immigration Law

Meet the Co-chairs - TAGLAW

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

Immigration Law

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.


Contact: Henry J. Chang; Blaney McMurtry LLP (Ontario, Canada)

On November 9, 2013, Citizenship and Immigration Minister, Chris Alexander, announced significant changes to the Canadian Experience Class (“CEC”). Citizenship and Immigration Canada (“CIC”) will now impose a total annual cap on the number of new CEC applications that it accepts and introduce limits on the number of applications that may be accepted in certain occupations. In addition, CIC will change the timing of when language ability is assessed.

Read more: CIC Announces Changes to the Canadian Experience Class

Contact: Caroline Flaig; Clarkslegal LLP (Reading, England)

You may deal with immigration issues in your business. The Government has announced that a consultation process will be undertaken about immigration fees and charges. The consultation started on 12 November and will last for 3 weeks.

Read more: Immigration Fees