Exactly who is a “U.S. Employee?”

Gustave Caillebotte, Floor Scrapers, 1875. Exactly who is a “U.S. Employee?” Before filing a petition to sponsor a foreign national for an employment-based immigrant visa, the employer must establish that there will be no adverse impact on the U.S. labor market. This is accomplished by undergoing a labor certification through the U.S. Department of Labor.…

J.M.W. Turner, Sunrise with Sea Monsters, 1845

10 Questions Related to the Pandemic.

J.M.W. Turner, Sunrise with Sea Monsters, 1845. On January 31, 2020, the President issued a Proclamation suspending the entry of any foreign national who had been in mainland China within the prior 14 days (with exceptions). This was the first time that the President’s statutory power pursuant to INA § 212(f) had been used to control…

When is $10,000 not $10,000, and when does larceny require deceit? NY Grand larceny 4th degree and the aggravated felony theft grounds

When is $10,000 not $10,000, and when does larceny require deceit? NY Grand larceny 4th degree and the aggravated felony theft grounds

Caravaggio, The Cardsharps, 1594. New York Penal Law § 155.30, Grand larceny in the fourth degree (a class E felony), is triggered when a person steals property of a certain value or substance.  Does this violation implicate the aggravated felony ground of removability––just about the most severe punishment under the immigration laws? We recently spent…