Category: Immigration

From the Office of Special Counsel: Anatomy of an OSC Investigation

An article regarding The Anatomy of an OSC Investigation written by Dawn M. Lurie of Greenberg Traurig, LLP recently appeared in The National Law Review:

GT Law

The phone rings.

“Hello, this is Attorney Smith with the Office of Special Counsel for Immigration-Related Unfair Employment Practices, may I speak to the Human Resource manager in charge of your Form I-9 process?”

You say to yourself, “This is not good. I have no idea what this government agency is — Office of the Special Counsel for…what?” Your gut confirms: this does not sound good at all.

“This is she. I’m sorry, you are with whom?”

“The Office of Special Counsel for Immigration-Related Unfair Employment Practices…the OSC. I’m calling about a complaint our office received regarding your company re-verifying Permanent Residents, requiring applicants to complete Forms I-9 before you offer them employment and, last but not least, asking certain employees to bring in Social Security cards.”

You ask yourself, “Is this as serious as it sounds? What do I do now?”

What is the The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC for short)?

The Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices is responsible for enforcing the anti-discrimination provision of the Immigration and Nationality Act (INA), which protects work-authorized individuals from discrimination during the process of hiring, firing, employment eligibility verification, and recruitment or referral for a fee on the basis of citizenship status and national origin. The statute also protects all work-authorized individuals from retaliation in connection with exposing such practices or asserting their rights under the law’s anti-discrimination provision.What is the The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC for short)?

OSC provides a hot-line where employees can report concerns and discuss complaints that they often will make queries to ascertain. As a result of receiving a call, OSC attorneys will review the facts and determine if a basis exists for moving
forward. Often times there are miscommunications that can be cleared up at the initial stage. This can be done through educating the employer and/or clarifying the situation with the employee.

What happens when an actual charge is received?

OSC investigates every complete charge received, although many charges are dismissed as incomplete for lack of jurisdiction or failure to state a claim that indicates a violation of the INA’s anti-discrimination provisions. OSC also conducts self-initiated or independent investigations when it discovers information that suggests a possible violation of the INA’s anti-discrimination statute by an employer. This information is often the result of an unrelated investigation.

Timeline

Within 10 days of receiving a complete charge, the Equal Opportunity Specialist (EOS) or attorney assigned to a case sends letters to the person or group bringing the charge, the Office of the Chief Administrative Hearing Officer (OCAHO), and the entity allegedly violating the INA anti-discrimination provision.The letter explains the filing of a complete charge and the time frame of an initial investigation (120 days). Respondents are directed to submit additional information and documents relevant to the investigation. If your company receives a letter from OSC, it should be taken very seriously and the response should be reviewed by counsel.

By the 120th day, OSC determines whether there is reasonable cause to believe that a violation of the INA’s antidiscrimination statute has occurred, whether to continue investigating the charge for an additional 90 days, or whether to dismiss the charge. Irrespective of OSC’s decision, the person or group bringing the claim receives a letter stating that he or she has 90 days from the date of receiving OSC’s 120-day letter to submit a complaint with OCAHO even if OSC ultimately declines to pursue its own complaint. At this point, the OSC also notifies the respondent of the status of its investigation.

At this point, we often recommend a review of companies’ policies as they relate to immigration compliance, including the hiring process, E-Verify procedures, and Form I-9 completion, even if these policies are outside the scope of the specific information being investigated by OSC. OSC attorneys are bright, resourceful, and relentless when necessary, and we have found them to be knowledgeable adversaries. Fortunately, we have been able to work with OSC at the initial investigation stage in a number of matters, including instituting compliance safeguards and closing out investigations with settlement agreements when appropriate. When an investigation continues past the initial 120-day period, OSC must decide by the 210th day whether to dismiss the case, begin settlement negotiations, or file a lawsuit. In cases where the OSC attorney is unable to render a decision within 210 days, both parties generally agree to additional time.

What does this mean to my company?

Investigations by the OSC should be taken very seriously and internal reviews of employment verification practices must be central to companies’ overall compliance strategies. Companies must ensure that they abide by the INA’s anti-discrimination provisions and treat all employees consistently by not arbitrarily requiring employees to provide new or updated Form I-9 information or document copies. It is important to note, however, that companies do not need to run very far afoul of the law to trigger the OSC’s attention. Indeed, the Obama administration has resurrected the use of civil fines for Form I-9 violations and intensified the government’s enforcement efforts to actively pursue employers who engage in discriminatory hiring practices. Companies contacted by the OSC should immediately retain experienced immigration counsel and assess potential liability at additional locations, if applicable.

Examples of recent investigations by the Office of Special Counsel (OSC)

On January 4, 2012, the Justice Department reached a settlement with the University of California San Diego Medical Center over allegations that it subjected newly hired non-U.S. citizens to excessive demands for documents verifying their employment eligibility but did not impose the same requirement on newly hired U.S. citizens. The Immigration and Nationality Act (INA) prohibits employers from discriminating against employees on the basis of citizenship status or national origin by imposing disproportionate documentary burdens during the hiring and employment eligibility verification processes. Under the terms of the agreement, the Medical Center will implement new employment eligibility verification policies to ensure equal treatment of all employees, pay a $115,000 civil penalty, conduct supplemental training of its human resources personnel, and coordinate with the Department of Justice to maintain compliance with proper employment eligibility verification processes across all University of California campuses, medical centers and facilities. To date, the Medical Center has taken appropriate measures to comply with the INA’s anti-discrimination provision and has received a Department of Homeland Security and U.S. Immigration and Customs Enforcement (ICE) training on how to properly use work authorization documents.

On December 30, 2011, the Justice Department announced a settlement with Garland Sales, Inc. of Georgia over allegations that the rug manufacturer engaged in discrimination by subjecting employees of Hispanic descent to unnecessary documentary requirements when establishing their eligibility to work in the United States and retaliating against a worker who protested. According to the terms of the settlement, Garland will pay $10,000 in back pay and civil penalties and will undergo training on proper employment eligibility verification practices. The Department’s complaint alleges that Garland required newly hired non-U.S. citizens and foreign-born U.S. citizens to present work authorization documents beyond those required by federal law, including a “green card” in addition to an unexpired driver’s license and an unrestricted Social Security card. The Immigration and Nationality Act (INA) mandates equal treatment of authorized workers during the hiring process, regardless of their national origin or citizenship status.

On December 13, 2011, the Justice Department announced a settlement with S.W.J.J. Inc., or Sernak Farms, of Weatherly, Pennsylvania over allegations that Sernak engaged in discrimination on the basis of citizenship status by preferring to hire temporary visa holders over U.S. citizen applicants and adversely treating its U.S. citizen employees. The Department of Justice investigation revealed that Sernak hired three foreign national workers under the H-2A visa program but did not consider hiring three of the eight U.S. citizens who brought the underlying charge on the belief that H-2A visa holders are more diligent than U.S. workers. Of the five U.S. citizens who were hired, the government’s investigation suggested that Sernak treated them differently than its foreign national employees in the terms and conditions of their employment and then dismissed them because of their citizenship status, a violation of the Immigration and Nationality Act (INA). Under the terms of the settlement, Sernak agreed to pay $30,000 in back pay to the eight injured parties, who are U.S. citizens residing in Puerto Rico. The company has also agreed to provide its employees with training on the anti-discrimination requirements of the INA, adopt nondiscrimination policies with respect to recruitment and hiring, and maintain and submit records to the Department of Justice for the three-year term of the agreement.

On September 21, 2011, the Office of Special Counsel (OSC) issued a letter of resolution to Glenn Walters Nursery of Cornelius, Oregon, in response to a charge of document abuse and citizenship status discrimination brought by a Legal Permanent Resident. The employee who brought suit alleged that he was fired when he could not comply with an improper request to present a new permanent resident card and thereby demonstrate employment eligibility. The letter of resolution provides that Glenn Walters Nursery will train its human resources staff on the Form I-9 process and the anti-discrimination provision of the INA, implement corrective measures to correct the computer software error that caused the improper document request, refrain from reverifying the employment eligibility of permanent residents whose Permanent Resident Cards expire, and reinstate the employee with seniority, benefits and $12,000 in back pay.

On August 31, 2011, OSC issued a letter of resolution to Dollar Bank of Cleveland, Ohio in response to allegations that the Bank engaged in discriminatory hiring practices based on citizenship status. The employee who brought an action against Dollar Bank alleged that the company declined to hire her because she was a Legal Permanent Resident and not a U.S. citizen at the time of her application. The letter of resolution awards the employee $6,500 in back pay and requires Dollar Bank to consult with OSC about creating a comprehensive training program for its human resources personnel.

On August 30, 2011, OSC issued a letter of resolution to Texas Women’s University (TWU) of Denton, Texas to resolve allegations that the university engaged in citizenship discrimination by denying an internship to the aggrieved employee because he is a Legal Permanent Resident and is not required to register for the Selective Service due to age. In response to his claim that the university preferred to hire U.S. citizens who registered for the Selective Service, the letter of resolution awards the employee $1,023.47 in back pay and requires TWU to consult with OSC to create a comprehensive training program for its human resources personnel.

Crossing the citizenship discrimination spectrum, OSC issued a letter of resolution to Best Packing Services, Inc. of Philadelphia, PA to resolve allegations of discriminatory hiring practices against a U.S. citizen. The letter, issued on August 22, 2011, resolves an employee’s claim that Best Packing Services preferred to hire non-U.S. citizens and denied him employment because he is a U.S. citizen. The letter of resolution provides that the employee receive $1,500 in back pay and requires Best Packing Services to work with OSC to create a comprehensive training program for its human resources personnel.

Resources from the Office of Special Counsel (OSC)

The Immigration Reform and Control Act (IRCA) that created OSC mandates a rigorous outreach effort to educate employers and workers about their rights and obligations under the INA’s anti-discrimination and employer sanctions provisions. To this end, OSC’s outreach materials target employers and workers alike. Resources intended for employer audiences include written materials on avoiding discrimination, navigating the E-Verify process, and posting employment opportunities online, as well as Social Security no-match guidance and information about the Form I-9 documents that refugees, asylees, and individuals with Temporary Protected Status (TPS) may present. In addition to printed materials, OSC also offers a variety of multimedia resources including videos and PowerPoint presentations.

To access these materials, please visithttp://www.justice.gov/crt/about/osc/htm/employer.php. We urge employers to access these resources as part of a robust compliance strategy which includes developing or improving existing compliance plans and providing regular and ongoing training, including anti-discrimination and fraud document seminars, to human resources staff responsible for Form I-9 completion. For up-to-the-minute immigration compliance news, please visit http://immigration.gtlaw.com.

©2012 Greenberg Traurig, LLP.

Another Circuit Jumps on the Anti – “Departure Bar” Bandwagon

Published recently in The National Law Review an article regarding the “Departure Bar” by William J. Flynn, III of Fowler White Boggs P.A.:

Recently, the Tenth Circuit became the seventh circuit court to reject the“departure bar” to motions to reopen found at 8 C.F.R. § 1003.2(d). The departure bar essentially prohibits noncitizens from pursuing motions to reopen or reconsider in removal proceedings after having departed from the United States. The Tenth Circuit had been the only court to issue a precedent decision in favor of the bar, but overturned that decision in a recent rehearing en banc. Contreras-Bocanegra v. Holder, 629 F.3d 1170 (10th Cir. 2010).

The Third, Fourth, Sixth, and Ninth Circuits, among others, had all specifically found the bar unlawful. See e.g. Reyes-Torres v. Holder, 645 F.3d 1073 (9th Cir. 2011). These courts have held, and many immigrants’ rights groups have argued, that the regulation deprives immigration judges and the Board of Immigration Appeals the authority to adjudicate motions to remedy wrongfully executed deportations. Additionally, the regulation conflicts with a noncitizens’ statutory right to pursue reopening.

Although many courts have outright rejected the departure bar, the issue still remains open in many other circuits, the 11th included. The closest the Eleventh Circuit has come to making such a decision was in Ugokwe v. U.S. Attorney General, 453 F.3d 1325 (11th Cir. 2006), in which it held that the filing of a motion to reopen tolls the period of voluntary departure, so as to prevent a subsequent departure from invalidating the motion. Nevertheless, the Ugokwecourt did side with the prior, similar holdings of the Ninth and Third Circuits, and so there remains hope that the Eleventh Circuit could do the same with respect to the legality of the departure bar, should the issue arise.

The full text of the Contreras-Bocanegra decision can be found here.

©2002-2012 Fowler White Boggs P.A.

2013 H-1B Visas

Posted in The National Law Review recently was an article by Kimberly A. Clarke, Nina Thekdi, and Luis E. Avila of Varnum LLP regarding H1B Visas:

Varnum LLP

Employers may first apply for 2013 H-1B visas for individuals not currently in H-1B status on April 2, 2012 with a start date of October 1, 2012.  While the 2012 H-1B visa cap for individuals not currently in H-1B status was not reached until November 2011, in previous years the cap has been reached within the first five days applications were accepted.

This H-1B cap limitation does not apply to extensions of H-1B status or those obtaining H-1B status to teach at colleges, universities, related nonprofit or government research organizations or J waiver physicians.

If your company has potential H-1B candidates working on post-education employment authorization that will expire prior to October 1, 2013, please contact us to prepare H-1B petitions for these individuals as soon as possible to secure an available visa.

© 2012 Varnum LLP

Pending Final Rule: Issuance of Full Validity L Visas to Qualified Applicants

The State Department published a pending final rule that permits the issuance of L visas with validity periods based on the visa reciprocity schedule.

Current State Department regulations require that L visa duration be limited to the validity period of the petition, which, under Department of Homeland Security (DHS) regulations, cannot exceed three years. Petitioners may apply to USCIS for extension of petition validity in increments of up to two years, but the total period of stay may not exceed five years for foreign nationals employed in a specialized knowledge capacity or seven years for foreign nationals employed in a managerial or executive capacity.

As a result of the change, L visa validity will be governed by 22 CFR § 41.112, rather than 22 CFR § 41.54(c), which provides that a nonimmigrant visa shall have the validity prescribed in schedules provided to consular officers by the State Department. These schedules reflect the reciprocal treatment the applicant’s country accords U.S. nationals, U.S. permanent residents or foreign nationals granted refugee status in the United States. The change will mostly benefit beneficiaries of petitions for L status who are nationals of countries for which the reciprocity schedule prescribes visa validity for a longer period of time.

©2002-2012 Fowler White Boggs P.A.

USCIS Introduces Redesigned Employment Authorization Document: Form I-766

Recently posted in the National Law Review an article by attorneys Eric S. Bord , A. James Vázquez-Azpiri , Lance Director Nagel, Lisa Stephanian Burton of Morgan, Lewis & Bockius LLP regarding a redesigned Form I-766, Employment Authorization Document:

 

U.S. Citizenship and Immigration Services (USCIS) has released a redesigned Form I-766, Employment Authorization Document, commonly referred to as an “EAD card.” Part of USCIS’s larger effort to eliminate document fraud, the redesign enhances the card’s security features to discourage tampering and misuse. The enhanced security measures include optically variable ink along the top of the card and a holographic image on the front of the card.

How does the redesigned EAD card affect employers’ Form I-9 compliance obligations?

The redesigned EAD card serves the same purpose as the prior version and will remain a “List A” document for employment verification purposes. “List A” documents establish a worker’s identity as well as his or her authorization to work in the United States.

An applicant for employment may still present a valid and unexpired prior version of Form I-766/EAD card to satisfy Form I-9 document requirements. The redesigned Form I-766 will be phased in incrementally. Foreign nationals in possession of the prior version will only receive the redesigned EAD card to replace a lost or stolen card or upon a card’s expiration. A foreign national can apply for a new card no more than 120 days prior to expiration date.

Copyright © 2011 by Morgan, Lewis & Bockius LLP. All Rights Reserved.

Department of State Releases October 2011 Visa Bulletin

Recently posted in the National Law Review an article by Eleanor Pelta, Eric S. Bord and A. James Vázquez-Azpiri of Morgan, Lewis & Bockius LLP regarding the DOS October 2011 Visa Bulletin:

The U.S. Department of State (DOS) has released its October 2011 Visa Bulletin. The Visa Bulletin sets out per country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applications. Foreign nationals may file applications to adjust their status to that of permanent resident, or to obtain approval of an immigrant visa application at an American embassy or consulate abroad, provided that their priority dates are prior to the cutoff dates specified by the DOS.

What Does the October 2011 Bulletin Say?

EB-1: All EB-1 categories remain current.

EB-2: Priority dates remain current for foreign nationals in the EB-2 category from all countries except China and India.

The relevant priority date cutoffs for Indian and Chinese nationals are as follows:

China: July 15, 2007 (forward movement of three months)

India: July 15, 2007 (forward movement of three months)

EB-3: There is continued backlog in the EB-3 category.

The relevant priority date cutoffs for foreign nationals in the EB-3 category are as follows:

China: August 8, 2004 (forward movement of three weeks)

India: July 15, 2002 (forward movement of one week)

Mexico: December 8, 2005 (forward movement of two weeks)

Philippines: December 8, 2005 (forward movement of two weeks)

Rest of the World: December 8, 2005 (forward movement of two weeks)

How This Affects You

Priority date cutoffs are assessed on a monthly basis by the DOS, based on anticipated demand. Cutoff dates can move forward or backward, or remain static and unchanged. Employers and employees should take the immigrant visa backlogs into account in their long-term planning, and take measures to mitigate their effects. To see the October 2011 Visa Bulletin in its entirety, please visit the DOS website at http://www.travel.state.gov/visa/bulletin/bulletin_5560.html.

Copyright © 2011 by Morgan, Lewis & Bockius LLP. All Rights Reserved.

Department of State Releases September 2011 Visa Bulletin

Recently posted in the National Law Review an article by Eleanor Pelta, Eric S. Bord, A. James Vázquez-Azpiri, and Lance Director Nagel of Morgan, Lewis & Bockius LLP regarding DOS recent Visa Bulletin which sets out per country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applications.

The U.S. Department of State (DOS) has released its September 2011 Visa Bulletin. The Visa Bulletin sets out per country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applications. Foreign nationals may file applications to adjust their status to that of permanent resident, or to obtain approval of an immigrant visa application at an American embassy or consulate abroad, provided that their priority dates are prior to the cutoff dates specified by the DOS.

What Does the September 2011 Bulletin Say?

EB-1: All EB-1 categories remain current.

EB-2: Priority dates remain current for foreign nationals in the EB-2 category from all countries except China and India.

The relevant priority date cutoffs for Indian and Chinese nationals are as follows:

China: April 15, 2007 (no movement)
India: April 15, 2007 (no movement)

EB-3: There is continued backlog in the EB-3 category.

The relevant priority date cutoffs for foreign nationals in the EB-3 category are as follows:

China: July 15, 2004 (forward movement of one week)
India: July 8, 2002 (forward movement of five weeks)
Mexico: November 22, 2005 (forward movement of three weeks)
Philippines: November 22, 2005 (forward movement of three weeks)
Rest of the World: November 22, 2005 (forward movement of three weeks)

How This Affects You

Priority date cutoffs are assessed on a monthly basis by the DOS, based on anticipated demand. Cutoff dates can move forward or backward, or remain static and unchanged. Employers and employees should take the immigrant visa backlogs into account in their long-term planning, and take measures to mitigate their effects. To see the September 2011 Visa Bulletin in its entirety, please visit the DOS website at http://www.travel.state.gov/visa/bulletin/bulletin_5542.html.

Copyright © 2011 by Morgan, Lewis & Bockius LLP. All Rights Reserved. 

 

Department of State Releases August 2011 Visa Bulletin

Recently posted at the National Law Review  by Eleanor Pelta, A. James Vázquez-Azpiri and Lance Director Nagel of  Morgan, Lewis & Bockius LLP details regarding The U.S. Department of State’s August 2011 Visa Bulletin.

The U.S. Department of State (DOS) has released its August 2011 Visa Bulletin. The Visa Bulletin sets out per country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applications.  Foreign nationals may file applications to adjust their status to that of permanent resident, or to obtain approval of an immigrant visa application at an American embassy or consulate abroad, provided that their priority dates are prior to the cutoff dates specified by the DOS.

What Does the August 2011 Bulletin Say?

EB-1: All EB-1 categories remain current.

EB-2: Priority dates remain current for foreign nationals in the EB-2 category from all countries except China and India.

The relevant priority date cutoffs for Indian and Chinese nationals are as follows:

China: April 15, 2007 (forward movement of five weeks)

India: April 15, 2007 (forward movement of five weeks)

EB-3: There is continued backlog in the EB-3 category.

The relevant priority date cutoffs for foreign nationals in the EB-3 category are as follows:

China: July 8, 2004 (forward movement of one week)

India: June 1, 2002 (forward movement of one month)

Mexico: November 1, 2005 (forward movement of four months)

Philippines: November 1, 2005 (forward movement of three weeks)

Rest of the World: November 1, 2005 (forward movement of three weeks)

How This Affects You

Priority date cutoffs are assessed on a monthly basis by the DOS, based on anticipated demand. Cutoff dates can move forward or backward, or remain static and unchanged. Employers and employees should take the immigrant visa backlogs into account in their long-term planning, and take measures to mitigate their effects. To see the August 2011 Visa Bulletin in its entirety, please visit the DOS website at http://www.travel.state.gov/visa/bulletin/bulletin_5518.html.

Copyright © 2011 by Morgan, Lewis & Bockius LLP. All Rights Reserved.

Department of State Releases June 2011 Visa Bulletin

Posted this week at the National Law Review by Morgan Lewis –  details on the June 2011 Visa Bulletin:

The U.S. Department of State (DOS) has released its June 2011 Visa Bulletin.The Visa Bulletin sets out per country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applications. Foreign nationals may file applications to adjust their status to that of permanent resident, or to obtain approval of an immigrant visa application at an American embassy or consulate abroad, provided that their priority dates are prior to the cutoff dates specified by the DOS.

What Does the June 2011 Bulletin Say?

EB-1: All EB-1 categories remain current.

EB-2: Priority dates remain current for foreign nationals in the EB-2 category from all countries except China and India.

The relevant priority date cutoffs for Indian and Chinese nationals are as follows:

China: October 15, 2006 (forward movement of 10 weeks)

India: October 15, 2006 (forward movement of 14 weeks)

EB-3: There is continued backlog in the EB-3 category. 

The relevant priority date cutoffs for foreign nationals in the EB-3 category are as follows:

China: May 15, 2004 (forward movement of four weeks)

India: April 22, 2002 (forward movement of one week)

Mexico: December 22, 2004 (forward movement of 14 weeks)

Philippines: September 15, 2005 (forward movement of three weeks)

Rest of the World: September 15, 2005 (forward movement of three weeks)

How This Affects You

Priority date cutoffs are assessed on a monthly basis by the DOS, based on anticipated demand. Cutoff dates can move forward or backward, or remain static and unchanged. Employers and employees should take the immigrant visa backlogs into account in their long-term planning, and take measures to mitigate their effects. To see the June 2011 Visa Bulletin in its entirety, please visit the DOS website at http://www.travel.state.gov/visa/bulletin/bulletin_5452.html.

Copyright © 2011 by Morgan, Lewis & Bockius LLP. All Rights Reserved.

The Immigration Implications of Japan’s Disaster

Recently posted by guest blogger Andrew P. Galeziowski of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. – issues related to immigration  from Japan’s recent disasters: 

Just as with the earthquake in Haiti, the recent earthquake and tsunami in Japan causes not only massive physical destruction but can significantly impact and complicate an affected person’s immigration status. Japanese citizens already in the United States may be logistically unable to comply with the terms of a visa status, perhaps because their status is expiring and there is no practical way to return to Japan. Those persons residing in Japan who are seeking visas to come to the United States may find it difficult to process a visa at a U.S. Consulate due to closures, cancellations and delays. Furthermore, as some businesses continue to evacuate personnel from Japan and in some cases seeking to temporarily transfer such personnel to other offices in Asia, special processes may have been established (for example, by immigration authorities in Hong Kong) to facilitate the processing of business visas to allow for such emergency relocations.

There are several general resources affected persons can reference for additional information:

  • For Japanese nationals in the United States, for example visitors travelling under the Visa Waiver Program who are unable to depart the country before their status expiration, see the USCIS website;
     
  • For Japanese residents who may be seeking visa services through a U.S. Consulate in Japan, visit the specific Consulates website. Specific information is posted at Consular websites, for example notices regarding visa appointments in Tokyo can be found at the Tokyo Consulate’s website; and
     
  • For foreign nationals currently in Japan, visit the Immigration Bureau of Japan website for current information.

Persons affected by the Japan crisis are encouraged to contact the immigration professional with whom they normally work for specific guidance.     

Note: This article was published in the March 2011 issue of theImmigration eAuthority. 

This article was drafted by the attorneys of Ogletree Deakins, a national labor and employment law firm that represents management. This information should not be relied upon as legal advice.

© 2011, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved