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Immigration law

Assignment 1

ANSWER THE FOLLOWING QUESTIONS, EACH QUESTION IS WORTH 20 POINTS:
1. What is meant by labor certification?
 
2. When hiring an alien, what are some of the steps that an employer must take in order to satisfy the U.S. Department of Labor?
 
3. For immigration purposes, what type of aliens are considered to be priority workers?
 
4. What is an employment creation visa? What are the criteria for getting one?
 
5. For immigration purposes, what constitutes a skilled worker?

Assignment 2

Part A: Work Visas
Read the recent News Article at:
https://www.justice.gov/opa/pr/justice-department-files-lawsuit-against-facebook-discriminating-against-us-workers
 Also read: 
ON MARCH 19, 2008, THE DEPARTMENT OF STATE PUBLISHED THE FOLLOWING:
USCIS Announces Interim Rule on H-1B Visas
“MARCH 19, 2008
Rule Modifies Selection Process and Prohibits Multiple Filings
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) transmitted an interim final rule to the Federal Register today that prohibits employers from filing multiple H-1B petitions for the same employee. These changes will ensure that companies filing H-1B petitions subject to congressionally mandated numerical limits have an equal chance to employ an H-1B worker. To ensure a fair and orderly distribution of available H-1B visas, USCIS will deny or revoke multiple petitions filed by an employer for the same H-1B worker and will not refund the filing fees submitted with multiple or duplicative petitions.”
 
AFTER READING THE ABOVE PUBLICATIONS, PLEASE ANSWER AND DISCUSS THE FOLLOWING QUESTIONS:
 
1. What, if any, is the inherent unfairness of a company filing multiple H1-B Visas for the same employee?
2. Do you believe the punitive action of revoking and denying petitions and not issuing refunds go far enough to punish those who abuse the H1-B filing process? If not, what other measures would you suggest to deter this behavior?
 
Part B: Green Card through Registry
The registry is a section of immigration law that enables specific individuals who have been present in the United States since January 1, 1972, the ability to apply for a green card (permanent residence), even if they are currently in the United States unlawfully.
 
3. What are some of the pros and cons of getting a Green Card by Registry from the alien’s perspective?
4. In your opinion, should the registry be advanced to a later year, such as 1982? Why or why not?

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