Mark A Ivener, A Law Corporation

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DHS, USCIS Announce Initiative To ‘Promote Startups and Spur Job Creation’

On August 2, 2011, Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas announced a series of “policy, operational, and outreach efforts” to fuel the U.S. economy and stimulate investment by attracting foreign entrepreneurial talent of exceptional ability or those who can create jobs, form startup companies, and… Read More

ICE Declares ‘Secure Communities’ Mandatory, Not Optional

U.S. Immigration and Customs Enforcement (ICE) Director John Morton sent a letter on August 5, 2011, to governors terminating all existing Secure Communities memoranda of agreement “to clarify an issue that has been the subject of substantial confusion,” which is that “[a memorandum of agreement (MOA)] between ICE and a state is not required to… Read More

ICE Announces Intention To Withdraw University of Northern Virginia’s SEVP Certification and SEVIS Access for Its Foreign Students

On July 28, 2011, following a review of the University of Northern Virginia’s (UNVA) certification, a Student and Exchange Visitor Program (SEVP) representative served school officials at UNVA with a notice of the agency’s intent to withdraw the school’s SEVP-certification and Student and Exchange Visitor Information System (SEVIS) access. Foreign students at UNVA must immediately… Read More

Company Held Liable for Back Wages of H-1B Employee Who Never Worked

Ganze & Company, an accounting firm in Napa Valley, California, filed a labor condition application (LCA) to hire Kevin Limanseto as an H-1B employee but subsequently decided not to employ him. However, Ganze never informed the government of that change, and Mr. Limanseto complained to the Department of Labor that he had never been paid.… Read More

Labor Dept. Weighs In on Staggered Dates of Need

The Department of Labor’s Office of Foreign Labor Certification recently responded to the question, “Can an employer file a single Application for Temporary Employment Certification for staggered dates of need?” The answer is no. The Department explained that an application must contain a single date of need for all workers under that application. Under the… Read More