Third Circuit Rules that Employer's Blanket Exclusion of Applicants wtih Prior Conviction for Violent Crime is Consistent with Business Necessity.

Immigration law practitioners and employers don’t have much choice but to assume that the FY 2008 H-1B quota will be exhausted on Monday, April 2, 2007 which also happens to be the very ...
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School Law Seminar
Richard T. Mulcahey, Jr. recently presented a School Law Seminar to various groups, including all teachers in a public school district as an in-service program, and to a group of private school educat...
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Advisory Board Appointment

Richard T. Mulcahey, Jr. has been elected Chair of the Bethlehem Village Advisory Board. Bethlehem Village is a 100 unit apartment complex for low income elderly persons located in Flourtown, Penn...
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109th Congress Adjourns with Action on P Visas and Physicians and Nurses in Underserved Areas
The 109th Congress adjourned on December 9, 2006 without taking action on H1B and EB relief. However, on its last day in session, the House passed the Creating Opportunities for Minor League Prof...
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H1B Advanced Degree Cap is Reached
On July 28, 2006, the USCIS announced that it has received enough H-1B petitions requesting “foreign workers who have earned a master’s degree or higher from a U.S. institution of higher education” to...
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Pennsylvania’s Nursing Facility Assessment Program
On February 5, 2005, the Pennsylvania Department of Public Welfare (DPW) published the final notice of the enactment of the Nursing Facility Assessment Program. The purpose of this assessment program...
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Affidavits of Support
On June 27, 2006, the USCIS posted an updated H-1B U.S. Advanced Degree exemption cap count based upon data collected on June 23, 2006. As of that date, the USCIS counted 11,918 U.S. Advanced Degree ...
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Third Circuit Decision Favors Catholic School Employers
Curay-Cramer vs. Ursuline Academy, et al Michele Curay-Cramer, a teacher at the Ursuline Academy, a private, Catholic school, was fired after she signed her name to a pro-choice advertisement in th...
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U.S. Supreme Court remands Mohawk Industries case
On June 5, 2006, the Supreme Court essentially decided not to decide the Mohawk Industries case, a matter I have been chronicling in prior posts on this site. In a separate RICO case decided the same...
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H-1B Cap is Already Reached for FY 2007

On June 1, 2006, the USCIS announced that it has received a sufficient number of H-1B petitions to meet the congressionally mandated cap of 65,000 for fiscal year 2007. The "final receipt date" for...
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The Supreme Court hears Oral Argument in Mohawk Industries Case
On Wednesday, April 25th, the United States Supreme Court heard argument in Mohawk Industries v. Williams, the class action suit that I have discussed in several earlier postings on this site. The ca...
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Mohawk Industries Update
Mohawk Industries Update – March 21, 2006 Business Week Magazine’s March 27, 2006 edition features an article on the ongoing litigation now pending before the U.S. Supreme Court involving Mohawk In...
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H-1B Petitions for Skilled Workers in Specialty Occupations Subject to FY 2007 Cap
On April 1, 2006, employers may begin filing H-1B petitions for skilled workers in specialty occupations subject to the FY 2007 cap. Any such position would have an employment start date of October 1...
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Pending Immigration Reform Bills in the Senate

As of March 1, 2006, three major bills are part of the Senate Judiciary Committee's debate that has now begun in Congress. One bill has been proposed by Senator Arlen Specter. Here are the highligh...
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Update - Court Decision Regarding Undocumented Workers
On December 12, 2005, the United States Supreme Court decided to hear the appeal of Mohawk Industries, Inc. in a lawsuit brought by hourly employees who claim that Mohawk has violated the Racketeer In...
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H1-B Petition Cap Reached
On January 18, 2006, the USCIS announced that it has received enough H-1B petitions that qualify for the 20,000 cap-exempt H-1B visas for foreign workers with a U.S. earned Master's or higher degree. ...
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Additional H-1B Visa Count

The USCIS has announced as of December 5, 2005, that 14,915 H1B Visa Applications have been approved under the provisions of the H-1B Visa Reform Act of 2004, which allows for an additional 20,000 ...
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Changes to I-864 Documentation

In a memorandum recently issued by the USCIS, it was announced that applicants who submit Form I-864 (the Affidavit of Support that is required to be filed on behalf of an adjustment of status appl...
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Religious Organizations: Non-Discrimination Exception
Employers generally may not discriminate against employees on the basis of race, religion, sex and national origin. Judicial interpretation of the First Amendment to the United States Constitution ha...
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Identity Theft

Identity theft is an increasing problem. Most people do not realize that their personal information has been used by someone else until they attempt to apply for credit and are reject...
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Changes in Medicaid Law

John P. Gallagher spoke to the Professional Referral Network and the Philadelphia Funeral Directors Association about the recent changes in the Medicaid law. The changes are designed to make it mor...
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Featured Speaker at Housing Expo

Richard T. Mulcahey, Jr. was a featured speaker at the Expo for the Homeownership Counseling Association of Delaware Valley at the Philadelphia Convention Center on June 11, 2005. He discussed vari...
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News Article - Court Decision Regarding Undocumented Workers

The United States Court of Appeals for the 11th Circuit, sitting in Georgia, recently issued an Order in a lawsuit by employees of a company that the employees ...
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USCIS Announces the Number of H-1B Petitions Filed to Date Under H-1B Visa Reform Act
The USCIS has announced that it has received more than 6,393 H-1B Petitions that will count against the Congressionally-mandated exemption cap for fiscal year 2005 (October 1, 2004 through September 3...
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USCIS Announces New Filing Procedure For Form I-90
The USCIS announced that starting May 31, 2005 aliens must mail applications (Form I-90) to renew or replace their green cards directly to the Los Angeles Lockbox. Regardless of their State of resid...
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USCIS Implements H-1B Visa Reform Act of 2004
May 5, 2005 The USCIS has finally announced new regulations implementing sections of the H-1B Visa Reform Act of 2004. The regulations take effect upon publication in the Federal Register and chan...
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Additional H-1Bs
As of February 24, 2005, we are all still waiting for notice from the USCIS regarding the specifics of filing for the additional 20,000 H-1Bs for U.S. advanced degree graduates that are now allowed. ...
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Changes to H-1B and L-1 Visa Programs
On November 20, 2004, Congress passed legislation making substantial changes to the H-1B and L-1 visa programs as part of its budget bill. President Bush is expected to sign the bill when it reaches...
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Diversity Visa 2006 Green Card Lottery
October 6, 2004 The Diversity Visa 2006 Green Card Lottery, by which 50,000 immigrant visas are allotted and then awarded, runs from October 1, 2005 to September 30, 2006. Foreign nationals from cer...
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Cap-Subject H-1B Petitions
The USCIS has announced, after the close of business on Friday, October 1, 2004 that it has enough cap-subject H-1B petitions in the pipeline to meet the fiscal year 2005 cap. All cap-subject petitio...
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Immigration News
October 6, 2004 The Diversity Visa 2006 Green Card Lottery, by which 50,000 immigrant visas are allotted and then awarded, runs from October 1, 2005 to September 30, 2006. Foreign nationals from c...
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Immigration News
The USCIS has just released its May, 2004 list of employers -- and the fines imposed on them -- for hiring workers not authorized to work in the United States. The average fine was $37,045.00. The g...
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Super Lawyer 2004
Harry J. J. Bellwoar III was selected as a Pennsylvania Super Lawyer in a special section of the June, 2004 issue of Philadelphia magazine. Mr. Bellwoar joins a select 5% of the total members of the P...
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President's Proposal Regarding Guest Worker Visas
James M. Tyler, Esquire (215) 587-0160 Many of my clients have asked me about the new "amnesty" program recently announced by President Bush. In fact, the proposal is not an "amnesty" ...
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Renovations and Upgrades
At the end of 2002, SBCQ completed an extensive renovation of its Center City Philadelphia office. The site is now more conducive to the practice of law in the 21st century. In addition, we recentl...
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Richard T. Mulcahey Appointed as Professor
In April, Richard T. Mulcahey, Jr. was appointed as an adjunct professor at Gwynedd-Mercy College, Graduate School. He currently teaches School Law and Policy in the program....
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Kevin B. Quinn Appointed Member of Captains Table
Kevin B. Quinn has been appointed a member of the Widener University Football Team's "Captains" Table honoring his past leadership with the team and for assisting the University in recruiting future p...
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James M. Tyler Completes Term as Co-Chair of Downs Syndrome Interest Group of Delaware
James M. Tyler recently completed his two year term as co-chair of the Downs Syndrome Interest Group of Delaware County, and helped sponsor this year's DSIG Walk-A-Thon....
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John P. Gallagher Honored with Service Award
John P. Gallagher was honored with a Service Award on October 20, 2002 by Sacred Heart Manor for his leadership over the past 16 years as Chairman of the Board....
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Robert Blanck Receives Honorary Doctorate
Robert F. Blanck recently received an Honorary Doctor of Divinity Degree from the Lutheran Theological Seminary at Philadelphia, Pennsylvania, and was horored by the Seminary for serving on its Board ...
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Piotrowicz and Mulcahey Conduct Seminar for United Way of Bucks County
Michael S. Piotrowicz and Richard T. Mulcahey, Jr., conducted a seminar on March 4, 2003 on employment law and risk management for the United Way of Bucks County....
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