Friday, July 31, 2009


Siskind Susser Immigration Lawyers attorneys Mikiel Davids and Karen Weinstock of the Atlanta office recently won a landmark case in the U.S. District Court in the Northern District of Georgia against the U.S. Department of Labor. The court ordered DOL to immediately decide a pending PERM application (foreign labor certification) after finding the agency had unreasonably delayed in doing so. Our attorneys brought the case to federal court in order to ensure that the I-140 immigrant petition for their client could be filed with USCIS before the client’s son turned 21, after which point he would no longer be eligible to obtain a green card with the rest of his family. But the I-140 petition could not be filed until DOL decided the labor certification and the agency refused to expedite a decision on the pending PERM application on the basis of the plaintiff’s son’s “ageing out,” or for any reason, including the fact that the application had been pending 4 months beyond DOL’s stated processing times. To the knowledge of the Plaintiff’s attorneys, the victory secured in this case, Kumykov v. Carlson et al., is the first time that a court has ordered DOL to decide a permanent, foreign labor certification by a court imposed deadline. DOL complied with the court’s Order and approved the labor certification prior to the 21st birthday of the plaintiff’s son, allowing attorneys Karen Weinstock and Mikiel Davids to file the I-140 petition with USCIS in time to preserve the family’s ability to immigrate all together, thus preventing irreparable harm to the applicant and his family.
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Wednesday, July 8, 2009


SB529 that was passed in 2006 is now "fully operational" and covers all of Georgia's public employers and government contractors or companies that contract with the state or county governments. SB529 or the Georgia Security and Immigration Compliance Act requires all state and county employers, as well as subcontractors to use the web-based E-Verify system, which verifies the employment eligibility of newly hired employees by connecting to Federal databases within the Department of Homeland Security and the Social Security Administration. SB529 had a 3-year phaseout, starting with larger companies with over 100 employees, but now it covers all of the contractors or companies that contract with the state or county government to be registered for E-Verify. However, the state does not have any real power to enforce immigration compliance, which may only be enforced by the Federal government (DHS), so this bill will probably accomplish very little, if anything at all.

Tuesday, July 7, 2009


The Cherokee Tribune reports that the Cherokee County, Georgia, government now
has access to the federal SAVE database (Systematic Alien Verification for Entitlements) through an agreement with the Department of Homeland Security to verify citizenship and immigration status information of non citizens and naturalized citizens applying for public benefits. This term is used very broadly, because non citizens do not qualify for public benefits at all. So, what does this mean? Cherokee county will use this database to check applicants for alcohol licenses, peddler/solicitor licenses, amusement activities licenses, occupational tax, pawnshop licenses, pool room licenses, massage practitioner licenses, precious metal dealer licenses, adult entertainment establishment licenses, ambulance franchise licenses, wrecker licenses and taxi/limousine licenses. The new verification process comes after anti-immigrant groups lobbied the Cherokee County board to restrict business activities of the immigrant population there. It is unclear how many immigrant will actually apply for such licenses, and when the county will recoup the approximate cost of $25,000 to implement the system.