Mar
10

Florida Court Stops DOL From Applying H-2B Regulations, Which Means DOL Cannot Process Prevailing Wage Determinations for H-2B Requests

In a decision dated March 4, 2015, a federal district court in Florida found that the Department of Labor did not have authority to issue its regulations in 2008, which direct the agency how to process prevailing wage requests and labor certifications, among other things.  The result of the court’s decision is that the DOL can no longer process requests for prevailing wage determinations or applications for foreign labor certification in the H-2B program pursuant the regulations.  The DOL has indicated that it is considering its options in light of the court‘s decision.

Mar
10

H-2B Cap Reached for 1st Half of Fiscal Year 2015

H-2B visas are temporary, non-agricultural visas that are issued to workers in a variety of fields, including construction, landscaping, and tourism.  There is a numerical limit (cap) of 66,000 on the total number of H-2B visas that may be issued during a fiscal year, which is from October 1 to September 30.  The fiscal numbers are divided in half for H-2B visas, with 33,000 being allocated for employment beginning the first half of the fiscal year (October 1 to March 31) and the remaining amount (33,000) allocated for work beginning the second half of the fiscal year from April 1 to...

Jan
20

Important TPS Updates Affecting Syrian and El Salvadoran Nationals

Last week, the Department of Homeland Security (DHS) made two important announcements regarding temporary protected status (TPS) for individuals from Syria and El Salvador. TPS is a benefit available to eligible individuals from specific countries that have been designated as in need of temporary protection due to conditions such as armed conflict, natural disasters, or other extraordinary circumstances.

On January 5, 2015, DHS announced that it is redesigning Syria for TPS and extending the current designation through September 30, 2016. If you are a Syrian national and have never applied...

Dec
16

DHS Prioritizes Removal of Individuals with DUI Convictions

There are many reasons not to drink and drive, but now we’ll give you one more. As part of President Obama’s executive action on immigration reform, the Department of Homeland Security has a new set of civil immigration enforcement priorities. The new priorities are divided into Tier 1, Tier 2, and Tier 3 priorities from highest to lowest. Tier 1 includes suspected terrorists, gang members, aggravated felons, and other top priorities for removal. Tier 2 includes individuals convicted of three or more misdemeanors, excluding minor traffic-related crimes, as well as individuals convicted...

Nov
26

Special Announcement for Undocumented Fathers of U.S. Citizen or Legal Permanent Resident Children: Establish Your Parental Rights!

There are many benefits to being legally recognized as the parent of a child.   In Minnesota, an unmarried father can voluntary sign a Recognition of Parentage (ROP) with his child’s mother, or establish paternity through family court.  Upon recognition or adjudication of legal parentage, a father has the right to seek custody and parenting time through family court, and be legally obligated to pay child support to the child’s mother. 

Some parents who do not have lawful immigration status may hesitate to complete paperwork or navigate the court system out of fear of contact with...

Nov
25

Announcing Deferred Action for Parents of U.S. Citizens and Legal Permanent Residents!

On November 20, 2014, President Obama announced the new Deferred Action for Parents (DAP) program.  DAP allows foreign national parents of U.S. citizen and legal permanent resident children to obtain deferred action for a period of three (3) years. 

DAP is not technically “lawful status” in the United States, nor is it permanent residency.  There are, however, very important benefits to the program:

Benefits of DAP:

Permission to stay in the US for a three-year period; Employment authorization; Through the employment authorization, an individual may generally apply for a social security...
Nov
25

Changes to the Deferred Action for Childhood Arrivals Program (a/k/a you may now be eligible!)

On November 20, 2014, President Obama announced several important changes to the Deferred Action for Childhood Arrivals (DACA) program.  These changes mean more people will now be eligible for DACA.

No More Age Limit:

Those who entered the U.S. before their 16th birthday can now apply for DACA no matter how old they currently are.  Previously, applicants needed to be under the age of 31 on June 14, 2012 to be eligible, but this requirement has been eliminated.  This means that if you were born prior to June 15, 1981, you may now be eligible for DACA.

Note: This change will take effect no...

Nov
24

Immigration Policy Changes That Aim to Help Businesses and Workers

Last Thursday, President Obama announced a plan to help fix the immigration system through his executive authority that includes additional resources on the ground and elsewhere to secure the border, streamline the court process, and add more protections for crime victims. 

What do these announcements mean for U.S. business and foreign workers, however?  The announcement contained several measures designed to promote a more competitive destination for skilled workers, reduce major backlogs that force talent to leave, and modify outdated programs to better align with our modern...

Nov
17

Immigration Benefits for Military Personnel and Family Members

In recognition of Veterans Day last week, Wilson Law Group would like to send a reminder of important benefits available to certain members of the military and family of service members. 

MAVNI - Direct Path to U.S. Citizenship

MAVNI stands for “Military Accessions Vital to the National Interest.” MAVNI may be a quick path to U.S. citizenship for certain eligible foreign nations because it skips the permanent residency (“green card”) process altogether.

The MAVNI program started as a pilot program to allow certain branches of the U.S. military to recruit and enlist foreign nationals...

Nov
11

Welcome, Jaclyn E. Campoli, Associate Attorney

WLG is pleased to announce that Jaclyn E. Campoli is now an Associate Attorney at Wilson Law Group!  Jaclyn, who specializes in immigration law, recently passed the MN bar and was sworn in as a fully licensed attorney by the state of MN.  

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