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Recent Blogs Posts

  1. Link to the 73 immigration policy articles I have written for The Hill. Nolan Rappaport

  2. Young Girl Previously Detained at Berks Dies a Hero Trying to Save Her Mother

    by , 06-06-2018 at 08:54 AM (Matthew Kolken on Deportation And Removal)
    Via immigration lawyer Bridget Cambria:



    Please read and click here to help:

    We remember Jennifer as one of the bravest children ever detained here in Berks or anywhere really. She was detained here in Pennsylvania for just about one year in 2014 when our country decided that children should be put in prisons and cages for legally asking for protection. She stood by her mother, strong, while they fought from detention to stay and live here in the United States. Her mother fought just as hard, every single day to protect her daughter. They fought every damn day in detention, against the mistreatment, the abuses, the lack of sleep, lack of personal freedom, until the very day a judge granted them asylum.


    Our office was very affected yesterday to learn of the passing of Jennifer, one of our clients, and one of our children. I cannot begin or imagine how her most amazing mother is coping with this unspeakable tragedy. The very least we can do as a community is to support this mother -- its what we have to do. I know that every mother from Berks is mourning with her and has risen up to support her.

    Please support this mother and help this family with costs that no one should ever have to bear. There was no one braver than Jennifer and her mother.


    Below is the link to her GoFundMe page. Even a modest donation will go a long way, and will be very much appreciated.

    https://www.gofundme.com/jennifer-ri...-funeral-costs


    Updated 06-06-2018 at 09:55 AM by MKolken

  3. DID THE DOL ELIMINATE STAFFING COMPANY GREEN CARDS?

    by , 06-06-2018 at 08:48 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    Thank goodness the answer is NO. Green cards are still viable for roving employees and for staffing company employees.

    Nevertheless, the rumor that the DOL has “cancelled” the long-standing Farmer Memo has been flying around the internet. A cancellation of the Farmer Memo could be seen a massive strike against the viability of “roving employee” green cards, which make up the bulk of IT and healthcare staffing company’s green cards.

    Thankfully, AILA has confirmed that the rumor is false. The Farmer Memo is still good guidance for PERM green cards. The recent "cancellation" notification of the Farmer Memo that appeared on the DOL website is “simply an administrative system update that does not reflect any policy change.”

    The Farmer Memo, which has existed since 1994, provides the basis for green cards where the employer does not know where the employee will actually work, as is the case for most staffing companies. The Farmer Memo instructs staffing company petitioners to use the employer’s headquarters as the “worksite”. The Memo has been cited by the DOL countless times as good law, notably in Matter of Amsol.


    Relevant section of the Farmer Memo


    10. LABOR CERTIFICATION APPLICATIONS WHERE ALIENS WILL BE WORKING AT VARIOUS UNANTICIPATED SITES Applications involving job opportunities which require the beneficiary to work in various locations throughout the U.S. that cannot be anticipated should be filed with the local Employment Service office having jurisdiction over the area in which the employer's main or headquarters office is located.

    In Item 7 (address where alien will work) of part A of the Application for Alien Employment Certification, the employer should indicate that the alien will be working at various unanticipated locations throughout the U.S. A short statement should also be included explaining why it is not possible to predict where the work sites will be at the time the application is filed.



    No Impact on Schedule A cases

    Even if the Farmer Memo had been cancelled, Schedule A cases would not have been impacted. Schedule A cases are green card petitions for Nurses and Physical Therapists. The DOL’s PERM FAQ website still contains this FAQ (Notice of Filing FAQ #12), which allows roving employees and provides guidance on how to prepare Schedule A green card petitions.


    12. Where must I post a Notice of Filing for a permanent labor certification for roving employees?

    If the employer knows where the Schedule A employee will be placed, the employer must post the notice at that work-site(s) where the employee will perform the work and publish the notice internally using in-house media--whether electronic or print--in accordance with the normal internal procedures used by the employer to notify its employees of employment opportunities in the occupation in question. The prevailing wage indicated in the notice will be the wage applicable to the area of intended employment where the worksite is located.

    If the employer does not know where the Schedule A employee will be placed, the employer must post the notice at that work-site(s) of all of its current clients, and publish the notice of filing internally using electronic and print media according to the normal internal procedures used by the employer to notify its employees of employment opportunities in the occupation in question. The prevailing wage will be derived from the area of the staffing agencies' headquarters.

    If the work-site(s) is unknown and the staffing agency has no clients, the application would be denied based on the fact that this circumstance indicates no bona-fide job opportunity exists. The employer cannot establish an actual job opportunity under this circumstance. A denial is consistent with established policy in other foreign labor certification programs where certification is not granted for jobs that do not exist at the time of application.

    ______________
    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook, Twitter, and LinknedIn.
  4. Sessions Admits Separating Children is "Terrible" But Plans to Continue it. This Recalls US Cruelty to Jewish Children Fleeing Nazis. Roger Algase

    In a shocking interview with conservative radio host Hugh Hewitt, Jeff Sessions admitted that his policy of separating immigrant parents and children at the border in order to prosecute parents for unlawful entry his "terrible" for the children, but that he plans to continue with this inhuman activity anyway.

    A story and link to the full transcript of the interview is available at:

    https://www.politico.com/story/2018/...amilies-596422

    This appalling attempt by the Trump administration to use deliberate cruelty toward helpless young children by ripping them away from their parents in order to intimidate and terrorize Latino and other non-white families who are fleeing intolerable conditions in their home countries is, unfortunately, not without a precedent in recent US history.

    In the 1930's the Franklin D. Roosevelt administration blocked a Congressional effort to admit 20,000 Jewish children from Europe who were fleeing from the Nazis.

    https://www.ozy.com/flashback/when-t...-germany/79700

    In each case, the main motivation was fear and prejudice among the public and politicians against an unpopular minority - Jews in the 1930's and Latino, Muslim, African and Asian immigrants now.

    America now has a president and administration which are engaged in bringing back the spirit of those dark days, albeit with a different target, as Donald Trump is neither antisemitic nor a Nazi supporter. But, as he himself stated at a WH meeting on January 11, he doesn't happen to like immigrants who are not from "Countries like Norway."

    Hundreds of innocent, traumatized, mainly Latino children and their anguished parents are now finding out at the US border that the president means what he says - st least concerning which skin color he expects immigrants to the US to have.

    Any clues about why Trump and his chief anti-immigrant "enforcer", Jeff Sessions, are relying so heavily on such a cruel and inhuman policy? A good answer would be to read Greg Sargent's June 6 Washington Post column:

    Get ready for a brutal election about Trump's racism and authoritarianism.

    (I don't have a link - please go to Google.)

    Just as we can expect to hear more outright lies from Trump about how the Democrats just "Love" MS-13 (at least Trump hasn't yet said that Nancy Pelosi founded it, the way he called Hillary Clinton a "founder and VIP" of ISIS during the campaign), we can also expect to see a lot more crying, screaming, terrified young children torn away from their frightened Latino and other non-white parents at the US border between now and November, as Trump revs up his white nationalist supporters for the coming election.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com


    Updated 06-09-2018 at 10:34 AM by ImmigrationLawBlogs

  5. ICE arrests 114 workers in immigration raid at Ohio gardening company

    by , 06-06-2018 at 07:47 AM (Matthew Kolken on Deportation And Removal)
    Via the Washington Post:

    A swarm of immigration agents arrested more than 100 workers at an Ohio gardening and landscaping company Tuesday morning, one of the largest of several recent workplace raids carried out as part of the Trump administration’s crackdown on immigration enforcement.

    About 200 federal officers blitzed two locations of Corso’s Flower and Garden Center — one in Sandusky, on the shoreline of Lake Erie, and another in nearby Castalia, U.S. Immigration and Customs Enforcement told the Associated Press.


    Click here for more.
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