Compliance Management

DHS adds Harvard, Indiana, and Rutgers to list of American Institutions of Research for maintaining continuity of residence for citizenship purposesIn a final rule published on October 28, 2003, DHS added Rutgers University, Indiana University, and Harvard University to the

Final rule effective January 23, 2007, implementing Phase One of the Western Hemisphere Travel Initiative (WHTI). Requires valid passports of all U.S. citizens and all nonimmigrant aliens with citizenship in Canada, Bermuda, and Mexico, departing from or entering the United States from within the

Final rule effective June 1, 2009 details the documents U.S. citizens and nonimmigrant citizens of Canada, Bermuda, and Mexico are required to present when entering the United States from within the Western Hemisphere at sea and land ports-of-entry.

Matter of Information Industries, Inc.This Board of Alien Labor Certification Appeals (BALCA) en banc decision set the standards for showing business necessity to claim that job requirements are not unduly restrictive in labor certification cases.

Matter of Creative Cabinet and Store Fixture (BALCA)BALCA 1989 INA 181 (January 24, 1990) Good faith efforts to recruit delay "an employer remains under the affirmative duty to commence review and make all reasonable attempts to contact applicants as soon

Pre-PERM BALCA decision set standards for when a combination of duties is legitimate for labor certification purposes.

Matter of Loma Linda Foods (BALCA)BALCA 89 INA 289 (November 26, 1991) From BALCA En Banc Decision Summaries Good faith efforts to recruit "In legal parlance, an employer who makes timely contact is acting in good faith. However, it is

INS letter from J. Bednarz to D. Swaim discussing OPT issuesExcerpts from the March April 1993 correspondence between Jackie Bednarz, Chief, Nonimmigrant Branch, Adjudications, INS (HQ 214.f C, April 5, 1993) and attorney David Swaim, concerning various optional practical training.

INS headquarters memo instructed ports of entry that an alien should be admitted for the full period of validity of the H-1B petition, and that the expiration date recorded on Form I-94 should match the expiration date on the I-797 notice of approval of the H-1B petition, unless the period of

Hathaway Children's Services91 INA 388 (February 4, 1994) BALCA held in this case that in identifying the pool of workers to include in a prevailing wage survey, the nature of the employer is not a relevant factor in making prevailing wage determinations.