Immigration News

 

H-1B 'Cap' Update

Monday, May 14, 2012

The United States Citizenship and Immigration Services (USCIS) has updated its count of FY2013 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of May 11, 2012, nearly 36,700 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 14,800 H-1B petitions for aliens with advanced degrees.
 
 

“Cap-Gap” Guidance For H-1Bs

Thursday, May 10, 2012

Special rules apply to certain F-1 foreign students who are applying for H-1Bs for work commencing October 1, 2012. Under the immigration regulations, certain students with pending or approved H-1B petitions are permitted to remain in the United States in F-1 status during the period of time when an F-1 student’s status and work authorization would otherwise expire. Under these special rules, the student’s F-1 status is extended and he or she can remain in the United States until the start date of the new, approved H-1B employment period. This special extension is called the “cap-gap” extension because it fills the “gap” between the normal end of F-1 status and the beginning of H-1B status. The gap often occurs because most students graduate or complete their post-completion Optional Practical Training (OPT) in May or June and H-1B visas, normally exhausted months earlier, are not available again until October 1. To be eligible for the cap-gap extension, an F-1 student must have an H-1B petition filed on his or her behalf and that petition must be filed while the student’s authorized F-1 admission is still in effect. In other words, the petition must be timely filed during the academic course of study, the authorized period of post-completion OPT, or during the 60-day grace period. Once a timely filed request to change status to H-1B on October 1 has been made, the automatic cap-gap extension begins and continues until the H-1B petition adjudication process has been completed. If the student’s H-1B petition is selected and approved, the student’s extension will continue through September 30 (of that year). If, however, USCIS denies, rejects, or revokes the H-1B petition, the automatic cap-gap extension of status expires, and the student is granted (from the date of the notification of the denial, rejection, or revocation of the petition) the standard 60-day grace period before he or she is required to depart the United States. In some instances, however, where there has been a denial, the student is required to leave the United States immediately. Other rules apply to F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees as well as instances where the F-1 student is terminated or laid off during the pendency of their H-1B petition. The rules regarding work authorization and status for cap-gap foreign students are complicated and very specific. For example, an F-1 student who is already in his or her 60-day grace period when the H-1B petition is filed is unable to receive employment authorization even though F-1 status is automatically extended. Also, students whose status is governed by the cap-gap extension cannot re-enter the United States in F-1 status during this period if they elect to travel. Instead, they are required to apply for an H-1B visa at a consular post abroad prior to returning. And, the earliest they can re-enter the U.S. is ten days prior to October 1. Student are strongly encouraged to stay in close communication with their petitioning employer during the cap-gap extension period for status updates on the petition processing, with their Designated School Official (DSO) to ensure their status is properly extended on their Form I-20, and with their immigration attorney.
 
 

TPS Announced for Syrians; Certain Requirements for Syrian Foreign Students Relaxed

Thursday, May 10, 2012

Citing the violent upheaval and deteriorating situation in Syria, the Department of Homeland Security (DHS) has announced that eligible nationals from Syria (and persons without nationality who last habitually resided in Syria) are now eligible for temporary protected status (TPS) effective March 29, 2012 through September 30, 2013. The application period is March 29 through September 25, 2012. Like other TPS beneficiaries, eligible nationals will be allowed to remain in the United States and obtain work authorization. DHS also announced the suspension of certain regulatory requirements for Syrian F-1 students so that they may obtain employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain their F-1 student status due to the current events in Syria.
 
 

Visa Processing Fees Change

Thursday, May 10, 2012

The Department of State (DOS) has adjusted the visa processing fees, effective April 13. While most nonimmigrant visa fees increase, all immigrant visa fees decrease. The following are the new fees for some of the most common visas: H, L, O, P, Q and R, $190; E, $270; K fiancé(e)s, $240; immediate relative and family preference application, $230; and employment-based applications, $405. Border crossing cards for those over 14 increase to $160. See http://1.usa.gov/fees_4-13-12.
 
 

Oral Arguments in Arizona Immigration Law on April 25

Monday, April 23, 2012

On April 25, the Supreme Court will hear arguments on the legality of the Arizona immigration law, SB 1070. The case involves a range of important questions regarding the role that states may play in the enforcement of federal immigration law.
 
 

May 2012: Employment-Based Visas (EB-2) Retrogress for Chinese and Indian Nationals

Friday, April 20, 2012

The visa priority date cut-off for May for highly skilled professional workers (EB-2 masters-level immigrants) from China and India will retrogress to August 15, 2007. The current cut-off date is May 1, 2010, which reflected a dramatic improvement from last year at this time.

The Department of State (DOS), which administers the "numbers", cautions that it is impossible to speculate if the cut-off date will change before the next allocation of visas, effective October 1, 2012.
 
 

USCIS Issues Proposal on Stateside Waiver Process for “Unlawful Presence”

Wednesday, April 18, 2012

United States Citizenship and Immigration Services (USCIS) has issued its proposal that would allow spouses and children of U.S. citizens who are in the United States but need a waiver of ”unlawful presence” in order to get a green card to apply for that waiver while remaining in the United States. Interested individuals have until June 2 to submit formal comments to the USCIS on the proposed rule.

The proposal would permit eligible spouses and children of U.S. citizens to apply for a provisional waiver before leaving the United States, even though they would still need to show that a lengthy bar from the United States would cause their U.S. citizen spouse or parent “extreme hardship.” If the waiver is approved, they will have to depart the United States to undergo visa processing and an interview at a U.S. consulate abroad.

Because the proposed change is narrowly construed, it is limited, and would not apply to family members of lawful permanent resident petitioners or to the adult children of U.S. citizens. It is unlikely that USCIS will extend this benefit to those excluded, but now is the time for interested parties to weigh in.


After the formal notice and comment period, the agency must issue a final or interim rule before the new procedures can go into effect.
 
 

TPS Announced for Syrian Nationals; Certain Requirements for Syrian Foreign Students Relaxed

Wednesday, April 18, 2012

Citing the violent upheaval and deteriorating situation in Syria, the Department of Homeland Security (DHS) announced that eligible nationals from Syria (and persons without nationality who last habitually resided in Syria) are now eligible for temporary protected status (TPS) effective March 29, 2012 through September 30, 2013. The application period is March 29 through September 25, 2012. Like other TPS beneficiaries, eligible nationals will be allowed to remain in the United States and obtain work authorization.

DHS also announced the suspension of certain regulatory requirements for Syrian F-1 students so that they may obtain employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain their F-1 student status due to the current events in Syria.
 
 

Visa Processing Fees Change

Wednesday, April 18, 2012

The Department of State (DOS) has adjusted the visa processing fees, effective April 13. While most nonimmigrant visa fees increase, all immigrant visa fees decrease. The following are the new fees for some of the most common visas: H, L, O, P, Q and R, $190; E, $270; K fiancé(e)s, $240; immediate relative and family preference application, $230; and employment-based applications, $405. Border crossing cards for those over 14 increase to $160. See http://1.usa.gov/fees_4-13-12.
 
 

H-1B Filing Period Opens

Thursday, April 05, 2012

USCIS informed participants at the CSC/VSC stakeholder engagement in Laguna Niguel, CA, on April 5, 2012, that 22,323 cap-subject H-1B petitions have been received as of April 4, 2012. Approximately 25% of these cases are for U.S. advanced degrees.

According to USCIS, the number of filings received in the first few days of the H-1B season is almost double the number of filings received by USCIS during the same time last year.
 
 

Update--Processing Waivers Without Leaving the U. S. FACT OR FICTION?

Thursday, March 15, 2012

In January, the Department of Homeland Security (DHS) announced its intent to propose a change that would allow spouses and children of U.S. citizens who are in the U.S. but need a waiver of ”unlawful presence” in order to get a green card to apply for that waiver while remaining in the United States. What does this mean and who is affected?

Background: Under current immigration law, U.S. citizens can apply for green cards for their immediate relatives even if their relatives entered the United States without inspection or are otherwise out of status. However, in order for these individuals to receive their green cards, most applicants must travel to a U.S. consulate in their home country to be interviewed and wait for the visa to be processed. They cannot adjust their status to a lawful permanent resident (LPR) in the United States. Moreover, often those relatives have accrued a certain period of “unlawful presence” in the United States, and once they leave, they are barred from returning to the United States for as long as 3 or 10 years.

Under the current process, these individuals must first have an initial interview at their home consulate, and only then can they apply for the required waiver at the home consulate. The rules also require that they show that their U.S. citizen spouse or parent would face “extreme hardship” as a result of the separation. (Extreme hardship to a U.S. child is insufficient.) All of this takes time, and as a result, waiver decisions often takes weeks, months, or even years to be completed.

DHS’s proposal would permit, for the first time, eligible spouses and children of U.S. citizens to apply for a provisional waiver before leaving the United States even though they would still need to show that a lengthy bar from the United States would cause their U.S. citizen spouse or parent “extreme hardship.” If approved, they will have to depart the U.S. to undergo visa processing and an interview at a U.S. consulate abroad.

It is very important to understand that because this new streamlined process is limited to those individuals who are inadmissible based solely on having accrued a period of unlawful presence, if other grounds of inadmissibility are found, the individual would need to submit another waiver application while abroad.

The new process is further limited: it would not apply to family members of lawful permanent resident (LPR) petitioners. Furthermore, individuals would still need to meet the extreme-hardship standard to obtain a provisional waiver, because USCIS does not intend to modify the standards.

While the proposed change is narrowly construed, the provisional waiver procedure as outlined by DHS is nevertheless a step in the right direction for those eligible. In many cases, the provisional waiver will reduce the wait period abroad and the separation from the applicant’s family by several months or years, will provide a more predictable process, and will encourage those eligible to begin the process to regularize their status. It is, in fact, this quirk in the immigration laws that has contributed to the large number of undocumented foreign nationals in the United States.

It is unclear when the new process will take effect but presumably by the end of the year. Under the law, DHS first must issue a notice of proposed rule-making, invite public comment, and then issue a final rule.

 
 

DHS Secretary Neapolitano Makes The Global Entry Program Permanent

Tuesday, March 13, 2012

Effective March 7, 2012, the Global Entry Program is permanent and the Customs and Border Proptection (CBP) has the ability to expand the program to additional U.S. international airports. Global Entry allows certain pre-approved, low-risk travelers to streamline the international arrivals and admission process at airports.

A new rule changes the age eligibility criteria to allow more families to participate in the program: persons under age 18 who meet the general eligibility criteria and have the consent of a parent or legal guardian will now be eligible to participate in Global Entry. DHS advises that those individual currently enrolled will not experience a break in membership or need to re-apply when the program becomes permanent. Members currently participating in the pilot will have their time credited to the five year membership. According to DHS, the majority of travelers using Global Entry are processed in under five minutes.
 
 

Forecast: Key Administrative Fixes to Immigration Laws on the Horizon-- Visa Interview Waiver, Regulatory Changes, and Other Improvements

Tuesday, March 13, 2012

Earlier in the year President Obama by Executive Order outlined several initiatives to improve visa and foreign visitor processing and promote travel as a way to create jobs and spur economic growth in the United States.

The travel and tourism industry, he stated, is the country’s leading service sectors and sources of exports, yet its market share of spending by international travelers has dramatically fallen over the last 10 years.

The President ordered all appropriate agencies to develop an implementation plan to achieve a number of specific goals: (1) increase the nonimmigrant visa processing capacity in China and Brazil by 40 percent over the coming year; (2) ensure that 80 percent of nonimmigrant visa applicants are interviewed within three weeks of receipt of their application; (3) increase efforts to expand the Visa Waiver Program and travel by nationals of Visa Waiver Program participants; and (4) expand reciprocal recognition programs for expedited travel, such as the Global Entry program. The President also established a Task Force on Travel and Competitiveness to develop the “National Travel and Tourism Strategy.”

Dovetailing with this Executive Order, the White House and the Departments of Homeland Security (DHS) and State (DOS) announced steps they will take to attract and retain foreign-born entrepreneurs and highly skilled immigrants and stimulate economic growth. These include regulatory changes that would:

• positively affect F-1 foreign students and their spouses;

• permit spouses of certain H-1Bs to obtain work authorization;

• broaden the scope of allowable evidence for EB-2 outstanding professors and researcher; and

• make it easier for professional nonimmigrant workers from Australia, Chile, and Singapore to continue working while their extension of status requests are pending.

DHS also announced a new Entrepreneur in Residence Summit to seek information and ideas from the entrepreneurial community and academics on how to maximize current law to attract foreign entrepreneurial talent.

Waiver of Visa Interview

Several government initiatives aimed at reducing nonimmigrant visa wait times are now in play. Most significantly, DOS announced a new pilot program to waive the nonimmigrant visa interview requirement for certain visa renewals. Under the program, slated to run for two years, certain visa renewals that are more than 12 months but less than 48 months post-expiration will be eligible for renewal without a consular interview for the same visa category.

The visa interview waiver will be available to foreign nationals who have previously had their 10-print fingerprint scan collected; it will not be available to applicants who were previously denied a visa or who are listed in the Consular Lookout and Support System (CLASS) or require a Security Advisory Opinion. Nor will the interview waiver be available to applicants who may have failed to comply with U.S. immigration laws or who are applying in a “high-threat” or “high-fraud” location. Only certain types of visas will be eligible for this benefit, and although DOS has not yet released a comprehensive list, it is projected that F, J and M visas will be included. On February 13, the U.S. Embassy, Beijing launched its visa interview pilot program for certain B, C, D F, J, M, and O visa holders consistent with the procedures outlined above by DOS. More details are likely to emerge over the next few weeks.

Additionally, Brazilian citizens younger than 16 or older than 66 who are applying for an initial visa or renewal visa (regardless of classification) and are citizens or residents of the country in which they are applying can forgo the consular interview and fingerprint requirement.

Expanded Service in Brazil and China

Besides the changes to the interview requirements in China and Brazil noted above, DOS has expanded its visa processing capacity in those countries by deploying additional personnel, expanding visa sections, and using new systems to facilitate travel from these countries. In late 2011, DOS had reported a record demand for visas for nationals from Brazil and China, a 50 percent increase in one quarter. For Brazil, the increase in demand reflected a 200 percent increase in five years; for China, a more than 30 percent increase from last year. Noting that every additional 65 international visitors to the U.S. translates into one additional travel and tourism-related job, Brazil and China are now considered key growth markets for the United States.

Visa Waiver and Global Entry Programs

The expansion of the Visa Waiver program to additional countries will mean that fewer international business and tourism visitors will need to apply for a visa. Citizens from 36 countries currently can participate; last month, Taiwan was nominated for inclusion. Pressure is now on DHS and DOS to increase the number of countries whose eligible citizens can travel without making a formal application.


Upcoming Regulatory Proposals

As mentioned above, DHS also announced a number of regulatory changes that would:

• expand the eligibility requirements so that more F-1 students would be eligible for 17-month optional practical training (OPT) rather than 12-month OPT now available to them;

• permit spouses of F-1s to enroll in part-time academic classes, rather than only vocational or recreational classes;

• provide work authorization for H-4 spouses while their H-1B spouse waits for his or her adjustment of status application to be decided;

• expand the scope of evidence of academic achievement to prove that a professor or researchers is outstanding; and

• permit E-3 Australians and H-1B1 Chilean and Singaporean nationals to continue to work for 240 days with their same employer while their extension of status requests are pending, provisions that are available to other nonimmigrant workers.

The regulatory changes and visa interview waiver could positively impact American business and facilitate the entry and employment of needed talent at a time when the U.S. continues to struggle to recover economically and remain competitive.
 
 

Filing Season for H-1B Visa Nears

Monday, March 05, 2012

Because April 1, 2012 falls on a Sunday, on April 2 employers will be able to file H-1B petitions for their employees who require a first-time H-1B visa for work that will commence on October 1, 2012. Now is not too soon to identify new H-1B employees and begin preparing necessary petitions.

With increased denial rates and skyrocketing requests for additional evidence a review of company H-1B public access files also may be prudent to ensure that files are complete and in full compliance as well as to determine that valid employer-employee relationships have been maintained.

While we anticipate that visas will remain available beyond April 2, H-1B visas will be used up much more rapidly as the economy recovers. Under immigration rules, first-time H-1B visas are limited to 85,000 per fiscal year.
 
 

New Mexico's Governor Fails To Change Driver’s License Requirements

Friday, February 17, 2012

The American Immigration Lawyers Association says that the New Mexico Legislature just ended its 2012 session, leaving intact the 2003 state law that allows driver’s licenses to be issued to individuals regardless of immigration status. This marks the third unsuccessful attempt by Republican Governor Susana Martinez to repeal the state’s driver’s license law. HB103, the bill backed by Martinez, passed the House earlier this month but failed to make it through the Senate. An alternative Senate bill, SB235, which would have tightened residency requirements but not repealed the 2003 law, passed the Senate. Governor Martinez, however, vowed to veto that Senate bill. New Mexico and Washington are the only states that issue driver’s licenses regardless of immigration status (Utah issues a driving certificate that can’t be used for identification).
 
 

Kootenai Tribal Card Is Acceptable Travel Document

Thursday, February 09, 2012

U.S. Customs and Border Protection (CBP) and the Kootenai Tribe of Idaho
announced today the publication of a notice in the Federal Register designating the Kootenai
Enhanced Tribal Card (ETC) as a travel document acceptable for entering into the United States
through a land or sea port of entry.

The Kootenai Tribe of Idaho was the first tribe to sign a memorandum of agreement with CBP in
March 2009 to begin the process of creating a secure travel document denoting identity, tribal
membership and citizenship. Production of the cards began in May 2011.

The Kootenai Tribe of Idaho is a cross-border tribe whose members live in the United States or
Canada. The Kootenai Tribe of Idaho is also one of seven bands of the Kootenai Nation, with two
in the United States and five in Canada. Under the current agreement, only members of the
Kootenai Tribe of Idaho can be issued an ETC.
 
 

Brookings Institution Interprets Immigration Census Data

Wednesday, February 08, 2012

According to a just released report by the Brookings Insitution:

"The foreign-born population in the United States reached 40 million in 2010, an increase of 8.8 million since 2000. Growth in the 2000s slowed from the rapid influx seen in the 1990s, the largest increase on record.

"Immigrant settlement became less concentrated during the 2000s as metropolitan areas with relatively small immigrant populations grew quickly. The five U.S. metro areas with the largest number of immigrants housed 38 percent of U.S. foreign-born population in 2010, down from 43 percent in 2000. Twenty-one (21) metropolitan areas gained at least 100,000 immigrants between 2000 and 2010; among those, Baltimore (72 percent), Orlando (72 percent), Las Vegas (71 percent), Atlanta (69 percent), and Riverside (52 percent) saw the fastest rates of growth.

"In 2010, 51 percent of immigrants nationwide lived in the suburbs of large metropolitan areas, up from 48 percent in 2000. Immigrants within the largest metro areas remain somewhat less likely to live in the suburbs (61 percent) than overall population (69 percent).

"Immigrants living in the United States in 2010 were more likely to have been in this country for a decade or more compared to those living here in 2000. Today's immigrants are also more likely to be U.S. citizens, to be born in Latin America, Asia, or Africa, and to be more educated than immigrants a decade ago. Not surprisingly, given the Great Recession, immigrants in 2010 were more likely to be poor than those in 2000."
 
 

U.S. Closes Its Syrian Embassy

Monday, February 06, 2012

CNN reports that the United States closed its embassy in Syria and pulled out remaining staff Monday after the Syrian government refused to address security concerns.

Local activists reported a weekend bloodbath in which hundreds of people died.

At least 30 people were killed Monday in Homs as the Syrian government stepped up its crackdown after the U.N. Security Council failed Saturday to pass a resolution condemning the regime.
 
 

Possible Processing of Some Waivers Of Inadmissibility To Be Proposed

Friday, January 06, 2012

On January 9, 2012 a Notice will be published in the Federal Register to consider regulatory changes that would allow certain immediate relatives to request unlawful presence waivers of the 3 and 10 year bars, prior to departing the U.S. for consular processing of their immigrant visa application.
 
 

LO QUE USTED DEBE SABER SOBRE LOS COMUNICADOS MAS RECIENTES DEL DEPARTAMENTO DE SEGURIDAD DE LA PATRIA

Thursday, January 05, 2012

En Agosto, el Departamento de Seguridad de la Patria (DHS por sus siglas en ingles), informó que estaría revisando todos los casos pendientes ante un juzgado de inmigración y cerrando temporalmente aquellos casos de baja prioridad. En Noviembre, anunció que había comenzado el proceso de revisión de casos y había emitido tres documentos explicando la revisión.

Esta revisión de casos NO es una amnistía y NO se trata de darles a personas permisos de trabajo ni estatus legal.

Usted NO deber entregarse a las autoridades de inmigración debido a estos comunicados.

¡NO crea a nadie quien le diga que le pueda conseguir un permiso de trabajo (el documento de autorización laboral o EAD por sus siglas en ingles) o estatus legal basándose en este proceso de revisión de casos! ¡Cualquier persona que diga esto u ofrezca otras garantías no es de fiar!

NO existe ninguna manera “segura” de entregarse a inmigración y NO existe garantía de que su caso será considerado como de “baja prioridad”. CUALQUIER persona que entre en contacto con las autoridades de inmigración puede ser arrestada, detenida e incluso removida de E.U.

Solamente un ABOGADO TITULADO DE INMIGRACIÓN puede evaluar su caso e informarle sobre sus derechos.

NO pida consejo legal a un notario ni de un asesor de inmigración.

Para más información de como evitar estafas de inmigración, visite la página de internet
www.StopNotarioFraud.org.

¿Por qué el gobierno está realizando esta revisión?

Las agencias del orden público, incluyendo inmigración, tienen la autoridad para decidir cuales casos van a procesar y cuales casos van a poner en espera o desestimar. Esta autoridad se denomina “facultad discrecional”. La agencia de imposición de inmigración y aduanas (ICE por sus siglas en ingles) ‐–la agencia que procesa los casos de inmigración— ha decidido utilizar la autoridad concedida de facultad discrecional para poner algunos casos, de manera temporal, en estatus de espera, para así poder acelerar los casos de alta prioridad.

¿Cuales casos están siendo revisados?

Actualmente se están llevando a cabo dos revisiones. La primera revisión está tomando lugar a nivel nacional e incluye:

(1) casos nuevos;

(2) todos aquellos casos que tengan una audiencia en o antes del 13 de enero de 2012; y

(3) algunos casos con audiencias en o antes del 15 de junio de 2012.

Para aquellos individuos que estén detenidos, no esta claro si su caso va a formar parte de esta revisión.

La segunda revisión se está llevando a cabo solamente en Baltimore y Denver. TODO caso actualmente pendiente ante un juzgado de inmigración será revisado. Para aquellos individuos que estén detenidos, su caso NO formará parte de esta revisión. Si usted nunca ha sido considerado por las autoridades de inmigración, NO se entregue. Su caso NO forma parte de ninguna de estas dos revisiones.


¿Que sucederá si mi caso es elegido por la facultad discrecional?

El gobierno ha indicado que estará ofreciendo una clausura administrativa a individuos con casos de baja prioridad. Un cierre administrativo significa que su caso ante un juzgado de inmigración será interrumpido temporalmente. No le darán una nueva fecha para una audiencia, pero su caso no se ha terminado y puede volverse a iniciar en cualquier momento. Para algunas personas, la clausura administrativa puede ser beneficioso porque significa que ninguna decisión sobre si usted debe de ser deportado de EE.UU. será decidido mientras el caso esté cerrado. No obstante, para otros, la clausura administrativa puede NO ser beneficiosa. Por ejemplo, si usted ha solicitado estatus legal, el juez de inmigración no puede tomar una decisión sobre su solicitud si su caso está cerrado. Si su caso es seleccionado para la clausura administrativa, alguien del gobierno se pondrá en contacto con usted. Usted deberá decidir si quiere o no que su caso sea cerrado. Si usted tiene alguna pregunta sobre que es lo mejor para su situación, deberá consultar con un abogado de inmigración acreditado.

¿Obtendré un permiso de trabajo si mi caso es seleccionado para la facultad discrecional?

El gobierno ha indicado que usted no podrá solicitar un permiso de trabajo solamente porque su caso ha sido cerrado administrativamente. Si usted no tiene un permiso de trabajo ahora, lo más probable es que NO podrá obtener un permiso de trabajo una vez que se cierre su caso.

¿Que sucederá si mi caso NO es seleccionado para la facultad discrecional?

Si su caso no es elegido para la facultad discrecional, no habrá cambios para usted.

¿Que es un caso de “baja prioridad”?

Solamente el gobierno puede decidir si su caso puede ser considerado de baja prioridad. Los casos que la agencia de imposición de inmigración y aduanas (ICE por sus siglas en inglés) considera de baja prioridad están anotados en la guía para abogados de ICE. Estos incluyen casos afectando a miembros de las fuerzas armadas o sus familiares, personas que vinieron a los EE.UU. cuando eran aún muy jóvenes, víctimas de un crimen agravado, aquellos que tengan una condición médica grave, y personas que hayan permanecido en los EE.UU. por mucho tiempo y tienen muchas conexiones con este país, entre otros. No obstante, sólo porque un caso parezca que posea una o más de estas categorías NO significa que automáticamente serán considerados de “baja prioridad.”

¿Que es un caso de “alta prioridad?

Los casos que la agencia de imposición de inmigración y aduanas (ICE por sus siglas en inglés) considera de alta prioridad están anotadas en la guía para abogados de ICE. Incluyen casos de individuos con convicciones criminales, miembros de bandas organizadas, aquellos que hayan entrado a los EE.UU. dentro de los últimos tres años, sospechosos de terrorismo, y aquellos que hayan sido removidos de EE.UU. con anterioridad.

¿Necesito un abogado?

Las leyes de inmigración son complejas y si usted tiene preguntas sobre su caso de inmigración, es aconsejable que hable con un abogado de inmigración calificado sobre su situación particular. RECUERDE, es importante que hable con un abogado de confianza y quien le puede ofrecer consejo veraz. Es ilícito que un asesor de inmigración, un notario o un “notario público” imparta consejo legal. Para más información en cómo protegerse de estafas de inmigración visite la página de internet www.stopnotariofraud.org.

¿Que debo de hacer ahora?

Usted no necesita hacer nada para que su caso sea revisado. Esto va a suceder de manera automática si su caso es parte del proceso de revisión. No obstante, si usted desea que su caso sea clausurado administrativamente, es aconsejable que provea al gobierno con más información sobre su caso para demonstrar por qué le deben conceder la facultad discrecional. Recuerde que cualquier información que usted presente formará parte de su expediente de inmigración y puede ser usado contra usted. Si usted desea enviarle al gobierno información adicional, le consejamos energéticamente que se comunique con un abogado titulado de inmigración para que le ayude.
 
 

UPDATE: GOP Hopefuls On Immigration

Wednesday, January 04, 2012

Mitt Romney

“My view is, people who have come here illegally, we welcome you to apply but you must get at the back of the line, because there are millions of people who are in line right now that want to come here legally. I want those to come here legally. Those that are here illegally have to get in line with everybody else.” [Republican Debate, December 15, 2011]

“Arizona’s new immigration enforcement law is the direct result of Washington’s failure to secure the border and to protect the lives and liberties of our citizens. It is my hope that the law will be implemented with care and caution not to single out individuals based upon their ethnicity.” [Politico, April 28, 2011]

“If I were elected and Congress were to pass the DREAM Act, would I veto it? The answer is yes.” [Washington Post, December 31, 2011]

“As President, [I] will also work to establish a policy that staples a green card to the diploma of every eligible student visa holder who graduates from one of our universities with an advanced degree in math, science, or engineering. As President, a first step that [I] will take is to raise the ceiling on the number of visas issued to holders of advanced degrees in Math, Science, and engineering who have job offers in those fields from US companies.” [Believe in America, September 6, 2011]

Newt Gingrich
“I do not believe that the American people are going to tolerate going after somebody who has been here 25 years, who has a family, has children and grandchildren, belongs to a local church. What I proposed is very standard things. Control the border by January 1, 2014. Make English the official language of government. Go to a much better visa program that’s much… that makes it more desirable to visit the U.S. Legally. Go to a better deportation program to move people out who shouldn’t be here.” [CBS News, December 18, 2011]

“Let me just say, I would reward and encourage South Carolina, Arizona and those states that are correctly using local law enforcement and I would withdraw the federal lawsuits because they are doing the right thing trying to help us find people who are here illegally.” [Fox News, November 28, 2011]

“Let me start and just say I think that we ought to have an H-1 visa that goes with every graduate degree in math, science and engineering so that people stay here.” [Republican Debate, November 22, 2011]

Ron Paul

“Somebody who’s been here and it’s their country I think there should be a program to bring them into the fold…but I want it to be done systematically. I think we need more efficiency at our borders, and allow the people to come in, especially for people who can take care of themselves. But you ask about what we do with 11 million and I would say you have to work out a program of assimilation, but you can’t just say borders don’t count and people should be rewarded for breaking the law.” [Univision, October 2, 2011]

“Arizona-type immigration legislation can turn out to be harmful. Being able to stop any American citizen under the vague charge of ‘suspicion’ is dangerous even more so in the age of secret prisons and a stated position of assassinating American citizens if deemed a ‘threat,’ without charges ever being made.” [Liberty Defined, April 1, 2011]

“End Birthright Citizenship – As long as illegal immigrants know their children born here will be granted U.S. citizenship, we’ll never be able to control our immigration problem.” [Ron Paul 2012]

Voted “yes” on H.R. 3736, a bill that increased the number of highly skilled workers from 65,000 to 115,000 by the year 2000. [U.S. House of Representatives, September 24, 1998]

Rick Perry

“Amnesty is not on the table period. There will be no amnesty in the United States. We’re a country of law and the idea that we’re going to tell people that somehow or another that that’s all forgiven is not going to happen.” [ABC News, November 29, 2011]

“But I do think that there is a way. That after we secure that border that you can have a process in place for individual who are law- abiding citizens who have done only one thing, as Newt says, 25 years ago or whatever that period of time was, that you can put something in place that basically continues to keep those families together.” [Republican Debate, November 22, 2011]

“But if you say that we should not educate children who have come into our state for no other reason than they’ve been brought there by no fault of their own, I don’t think you have a heart. We need to be educating these children, because they will become a drag on our society. I think that’s what Texans wanted to do.” [Republican Debate, September 22, 2011]

“We need highly technical, trained engineers and biomedical scientists. And a lot of times, you can’t get those people because they can’t get an H-1B visa, for instance.” [CNBC, September 29, 2011]

Rick Santorum

“The idea people who are here 20 or 25 years and came here illegally only committed one illegal act, well, you can’t be here and commit one illegal act because almost everything you’re doing while you’re here is doing things against the law…So we say, we should let that happen. We shouldn’t break up families. We should let them all come…This is false compassion.” [CNN, December 6, 2011]

“So I think that [Texas DREAM Act] really is what’s telling, that he [Rick Perry] still believes that federal taxpayers, state taxpayers and I suspect federal taxpayers should support people in this country illegally with taxpayer subsidies. If you look at my record in the United States Senate, I have consistently voted against that.” [Mediaite, September 29, 2011]

“First off, I’m actually for a system that allows for people to come here, if they come here on a student visa or they come here on a visa that — you know, where they’re getting some sort of higher education or they’re learning some great skills that are good and necessary for the country — my feeling is, you know, if they graduate and do well, we should — you know, we should have — actually give folks the opportunity to have a green card and to stay here and work.” [Fox News, November 29, 2011]

Jon Huntsman

“I think you have to take a very practical approach to having them [undocumented immigrants] wait in line. There have to be certain requirements. Language requirements. English as an official language for example. Paying back taxes, if that is applicable. There needs to be some steps along the way that would suggest that they have paid whatever price and penalty in order to come out of the shadows and to gain citizenship in this country. You have to create a system whereby you can move towards citizenship. You can’t wish people away. You can’t just use rhetoric that says we’ll ship people back.” [Think Progress, September 19, 2011]

“I believe immigration is a human as well as an economic issue, and that children of illegal immigrants shouldn’t be punished for the sins of their parents.” [CBS News, September 23, 2011]

“We can’t process people. The H1B visa process is broken. We need to bring in brain power to this country to shore up our economic might. We need to bring in foreign capital to raise real estate prices as well.” [Republican Debate, September 12, 2011]
 
 

American Immigration Lawyers Association Warns: DON’T GET SCAMMED! What You Need to Know About Recent Policy Changes

Tuesday, January 03, 2012

The following is the text of a warning recently issued by the American Immigration Lawyers Association (AILA):

In August, the Department of Homeland Security (DHS) announced that it would be reviewing all cases pending in immigration court and temporarily closing low priority cases. In November, it announced that it had begun the case review process and issued three documents explaining the review.

This case review is NOT an amnesty and it is NOT about giving people work permits or legal status.

You should NOT turn yourself into the immigration authorities because of these announcements

Do NOT believe anyone who tells you they can get you a work permit (Employment Authorization Document or “EAD”) or legal status based on this case review process!  Anyone who says this or makes other guarantees is not to be trusted!   

There is NO “safe” way to turn yourself in to immigration and there is NO guarantee that your case will be considered “low priority.”  ANY person who comes into contact with immigration authorities may be arrested, detained or even removed.

Only a QUALIFIED IMMIGRATION LAWYER can evaluate your case and tell you about your rights.

Do NOT seek legal advice from a notario or immigration consultant.

For more information about avoiding immigration scams, visit www.StopNotarioFraud.org.


Why Is the Government Conducting This Review?   

Law enforcement agencies, including immigration, have the authority to decide which cases to prosecute and which cases to put on hold or dismiss. This authority is called “prosecutorial discretion.”

Immigration and Customs Enforcement (ICE)—the agency that prosecutes immigration cases—has decided to use its prosecutorial discretion authority to put some low priority cases temporarily on hold so that it can speed up higher priority cases. 

Which Cases Are Being Reviewed?

Right now, two reviews are taking place. The first review is occurring nationwide and includes:

(1) new cases;

(2) all cases with hearings on or before January 13, 2012; and

(3) some cases with hearings on or before June 15, 2012.

For individuals in detention, it is unclear whether or not your case will be part of this review.    

The second review is taking place in only Baltimore and Denver.  ALL cases currently pending before the immigration court are being reviewed. 

For individuals in detention, your case is NOT part of this review.  If you have never come to the attention of immigration authorities, do NOT turn yourself in.  Your case is NOT part of either of these reviews.
 
 

Allen, Pinnix and Nichols Year End Review: Immigration and the Judiciary, the Executive, and the Legislature

Friday, December 30, 2011

Immigration and the Courts

Supreme Court Enters Arizona Fray: On December 12, the U.S. Supreme Court agreed to decide whether Arizona may impose its tough anti-immigration law, S.B. 1070, including a requirement that state-law enforcement officials determine the immigration status of anyone they stop or arrest if the officials have reason to believe that the individual might be an undocumented immigrant. The Ninth Circuit blocked the provision and others in this Draconian, controversial law, which was enacted in 2010 and spawned copycat legislation in a number of other states. By taking on the case, the Court has thrust itself into the center of American political life and will weigh in on what has been called one of the most combustible issues in American politics.

The Supreme Court’s ultimate decision in the case, however, may not have precedential value. Justice Elena Kagan will not take part in the decision of the high court – she worked on the issue previously while solicitor general – which raises the prospect of a 4 to 4 vote. If that were to happen, the Court’s decision would carry no precedential significance for the other state laws being challenged. The Court is expected to hear the case in April.

Federal Court Challenges to Utah and South Carolina State Immigration Laws: In the wake of congressional inaction on immigration, state legislatures continue to attempt to reform the law and the federal government continues to wrestle with the states to maintain its control or preemptive rights over the issue. As these battles persist and are played out in the federal courts, the Department of Justice (DOJ) has been center stage. In addition to suits in Arizona and Alabama, DOJ recently filed a lawsuit in federal district court against a South Carolina law, Act No. 69, parts of which go into effect, on January 1. Filed on behalf of the Departments of State, Justice, and Homeland Security, the lawsuit argues that certain provisions of the South Carolina law are unconstitutional and interfere with the federal government’s authority to set and enforce immigration policy.

Then, on November 23, DOJ filed another suit, this time against Utah, to block implementation of HB 497, which mandates that local police enforce immigration laws. These laws are similar to those in Arizona (SB 1070) and Alabama. (The same day the Supreme Court accepted review of Arizona’s SB 1070, a federal court blocked a provision of Alabama’s immigration law that would have forced undocumented immigrants to leave their mobile homes. The ruling means that people paying for their annual mobile home registration tags required for residence will not have to prove their legal residency for now.) DOJ is also reviewing laws in Georgia and Indiana that already have been challenged by private groups and individuals.

In its press releases announcing these lawsuits, DOJ cited the irreparable harm caused by the laws, including “the harassment and detention of foreign visitors and legal immigrants, as well as U.S. citizens, who cannot readily prove their lawful status.” The reality of this concern was borne out recently when a German Mercedes Benz executive was arrested under Alabama’s anti-immigrant law while in town visiting the automaker’s facilities, followed by the arrest of a Japanese Honda employee also in Alabama.


Immigration and the Executive

While President Obama’s Justice Department efforts to protect individual rights and to preserve the right of the federal government to enforce immigration law have been laudatory, a number of other significant policies of the current Administration have angered pro-immigration supporters, not the least of which has been the record number of deportations that have transpired in the last three years. Some 1.2 million undocumented foreign nationals have been deported since President Obama took up office, compared to almost 1.6 million deported during the eight-year Presidency of George Bush. In FY2011 alone, an unprecedented 400,000 people were deported. However, just last month the Administration took real action to provide relief for the undocumented who pose no threat to the country and who commit no crime.

Prosecutorial Discretion. A new DHS-ICE policy encouraging the exercise of prosecutorial discretion in appropriate cases was launched in mid-November – complete with fairly comprehensive guidelines and procedures – and is being piloted in Baltimore and Denver, December 4 through January 13, 2012. DHS (the Department of Homeland Security) had announced in June its intent to eliminate low priority cases from the immigration court dockets and instead focus its enforcement priorities on the removal of those who have broken criminal laws, threats to national security, recent border crossers, repeat violators of immigration law, and immigration court fugitives. In August, DHS and ICE (Immigration and Customs Enforcement) issued a directive to ICE attorneys to review pending court cases as well as cases where a charging document had not yet been filed to determine if the agency should decide not to prosecute the case.

DHS also announced the establishment of a joint DHS-DOJ working group to review the approximately 300,000 pending cases and identify cases for administrative closure. The pilot program just launched was designed to identify cases most clearly eligible and ineligible for a favorable exercise of discretion. During a six-week period, USCIS, ICE, and CBP (Customs and Border Protection) attorneys are to review cases according to the agency’s general prosecutorial discretion guidance as well as by a set of more focused criteria. Ultimately, DHS expects to implement “best practices” on an ongoing basis nationwide.

While it is still too soon to judge the results of the pilot program and the impact of the agency’s new policy, in Baltimore, at least, removal cases normally set in December and January have been scheduled well into the future.

Other DHS guidance issued in November on when immigration charging documents should be issued dove-tails with its prosecutorial discretion policy.

Adjudications, Entrepreneurs, Small Business: More informally, the Administration has engaged the public and immigration stakeholders on a variety of issues and has done so more directly that ever before. Recently, the USCIS Ombudsman’s Office held an Annual Conference attended by 300 to discuss improving the delivery of immigration benefits and services. USCIS also has hosted a number of teleconferences with the public. A teleconference was held on USCIS’s then-changed policy on where and to whom I-797 approval notices are sent. (Feedback from the call contributed to USCIS changing its policy.) Another teleconference was held on small and start-up business immigration issues and involved not only immigration officials but those from the Small Business Administration and other federal agencies. On a related note, USCIS just launched an “Entrepreneurs in Residence” initiative and hopes to bring business experts in-house to work alongside USCIS staff to ensure that its policies are reflective of industry realities. This could be a valuable opportunity for business experts and immigrant entrepreneurs, especially those who have engaged in the U.S. immigration system through immigrant visa applications, to join USCIS’s tactical team and affect how the agency adjudicates cases. Business members, however, must be U.S. citizens. To apply for the Entrepreneurs in Residence program, see http://www.dhs.gov/xabout/careers/loaned-executive-business-expert-uscis.shtm


Immigration and Congress

Fairness for High-Skilled Immigration Act: Ironically, of the three branches of government, the one specifically charged with enacting laws has been just about silent on the immigration front. The 112th Congress has neither passed nor significantly moved forward any important immigration proposal this year except, most recently, the now-stalled Fairness for High-Skilled Immigration Act, HR 3012. On November 29, the House of Representatives passed HR 3012, the first significant piece of immigration legislation passed by either the House or Senate all year. Passed with overwhelming bi-partisan support, the Fairness for High-Skilled Immigration Act eliminates entirely by fiscal year 2015 the current per-country cap on the employment-based visas and is designed to eliminate long wait times for workers from high-demand countries such as India and China. It also increases the family-based per-country cap from 7 percent to 15 percent. Before the bill can become law, the Senate must take up the legislation and President Obama would have to sign it into law. Meanwhile, Senator Grassley (R-IA), a long-time, staunch opponent of pro-immigration reform, placed a “hold” on the legislation in order to delay its consideration, citing his concerns about the impact of the bill on future immigration flows, among other things. It is unclear how long he intends to hold the legislation hostage. In any event, some are hedging their support for the bill by noting that backlogs will not be truly eliminated but instead merely passes the buck down the line, inevitably creating backlogs somewhere else in the immigration visa quota system. The bill does not make any change in the overall number of green card visas available each year for skilled and professional workers and their dependents – 140,000 – a number enacted into law more than 20 years ago.

Congressional committees recently have conducted a number of recent hearings on important immigration issues. A round up includes the following:

Secure Communities: A House of Representatives hearing led by Representative Steve King (R-IA) was the first-ever congressional review of Secure Communities, the three-year-old program where the FBI shares the fingerprint data of arrestees from local (and state) law enforcement agencies with DHS. For several years now the program has been criticized for leading to racial profiling and interfering with community policing. Despite these claims, the Administration has directed ICE to expand the program, and an ICE official testified at the congressional hearing that DHS has safeguards in place to alert them of possible abuse. It is doubtful that any substantive changes will come from the hearing.

Visa Waiver Program: The Visa Waiver Program (VWP) is also subject of scrutiny as many call for its expansion. The program allows nationals from 36 countries to visit the United States for 90 days or less without securing a visa in advance. Many, especially the tourism industry, advocate for expanding opportunities to other nationals as good for the American economy, citing the VWP as the single largest program of inbound U.S. travel in 2010. It is unclear from the hearings whether any substantive changes will be made, though some countries, including Taiwan, are hopeful to be included if the program expands. The House hearing follows a recent State Department announcement that the U.S. is falling far short of meeting a growing worldwide demand for visas, undermining U.S. competitiveness now and into the future.

EB-5 Investor Program: The EB-5 Entrepreneur Investor Visa Program is up for review. Created in early 1990s and lauded as a job creator and a vehicle to drive the economy, the program has been perennially underutilized, issuing fewer than 2,500 visas in 2010 out of a possible 10,000. A Senate reauthorization hearing on December 7 was to review the Regional Center program, a component of the EB-5 program that permits a $500,000 investment in targeted employment areas in approved pooled investment programs instead of a $1 million, and is set to sunset in 2012. Most observers agree that the program will be reauthorized, perhaps permanently.

Foreign Students Educated in STEM Fields: Continuing the emphasis on economic competitiveness, hearings also have been held to examine options for reforms that do a better job of retaining foreign students who graduate in the fields of science, technology, engineering and math (STEM). Currently, foreign students must leave the United States upon graduation unless they are eligible for one of the few and limited ways to stay in the country. Many politicians are upset that we provide stellar education but don’t reap the benefits. On the presidential trail, hopefuls have also stepped up the rhetoric: Newt Gingrich said during the CNN debate in November that foreign students graduating with STEM degrees should automatically receive work visas.
 
 

Analysis: The New Year Can Bring Immigration Reform

Wednesday, December 21, 2011

New Beginnings at the start of the New Year need not be a cliché, at least in terms of Comprehensive Immigration Reform. Irrespective of the outcome of the 2012 presidential election, there will be a new Congress and, for better or worse, new political dynamics.

Arbitrary quotas and antiquated laws unnecessarily separate families. Agency intransigency and shortsighted Congressional leadership discourages foreign investment in America at a time when the economy badly needs a dose of adrenalin. Worse, oversubscribed quotas coupled with a bureaucratic “culture of no” discourages many of the best and brightest from committing their talents to America. China and India and much of the world have studied America’s play book and realize that talent and technology have no national boundaries. As a result, the economies of China and India continue to grow, while the U.S. economy stalls. A “closed” sign posted on America’s front door will be catastrophic.


Clearly, the gridlock that has polarized American politics extends to immigration reform. Despite incontrovertible evidence of enhanced border enforcement and record deportations, no penalty, regardless of how draconian, is sufficient to placate the restrictionists. Advocates for reform, while possibly as ardent as the restrictionists, now believe that incremental changes can yield great benefits: reunification of families, improving the economy, and moving toward restoring fundamental fairness and the basic due process guarantees of the Constitution. It doesn’t have to be all or nothing, but only when common ground is identified will we find solutions.

Despite the restrictionists in Congress, immigration reform need not be a partisan issue. Ronald Reagan, Ted Kennedy, John McCain, George Bush, Lindsay Graham, Newt Gingrich and Barack Obama have at times shared a common vision for immigration reform.

Data from the recent Census tell the story. We are, as we have always been, a nation of immigrants. We know that we are on the right side of history; we know that there will be a tipping point. Change will come.

As the New Year begins, Allen, Pinnix & Nichols encourages you, your family, friends and employers to accelerate the tipping point by contacting members of Congress and urging them to act boldly and responsibly by supporting Comprehensive Immigration Reform.

Best wishes for the New Year from our immigration attorneys and staff.

John L. Pinnix
Senior Immigration Attorney
Allen, Pinnix & Nichols, P.A.
December 21, 2011
 
 

Homeland Security: Arizona Sheriff ' Misconduct Violated The Constitution' -- Terminates 287(g)

Friday, December 16, 2011

The Secretary of the Department of Homeland Security (DHS), Janet Napolitano, has announced that the Department of Homeland Security will terminate its 287(g) agreement with the Maricopa County Sheriff’s Office and restrict access to the Secure Communities program, following damaging findings released by the Department of Justice (DOJ).

After a three year long civil rights investigation into the Maricopa County Sheriff’s Office (MCSO)—an office led by America’s “toughest sheriff” Joe Arpaio—the Department of Justice announced today that it had “reasonable cause” to believe the Sheriff’s Office has “engaged in a pattern or practice of misconduct that violates the Constitution and federal law.”
 
 

Traveling Over the Holidays? Review Your Documents Before Leaving!

Thursday, December 15, 2011

It is important for foreign nationals who will be departing the United States for travel abroad to review their travel documents to ensure that their re-entry into the U.S. is as seamless as possible. Depending on an individual’s current status and whether he or she is “in process” for another status, different documentation may be required upon return to the United States.

For example, certain foreign nationals who are currently in status but whose visa has expired will be required to apply for a new visa at a U.S. consulate in their home country. (Wait times for visa appointments at U.S. consulates vary and tend to swell during the holiday season, as do processing times.)

For other foreign nationals, an advance parole travel document may be required to preserve a pending green card application. And, yet for others, changed circumstances (such as change in work, change in relationship, arrests and criminal matters) may have immigration consequences. Even travelers on the Visa Waiver Program should ensure that their ESTA authorization is still valid; if re-authorization is required and the individual is denied and a visa becomes required for re-entry, sufficient time will be necessary for that individual to make an application.
 
 

New American Enterprise Institute Study Concludes Immigration Reform Can Help Fix The Economy

Thursday, December 15, 2011

In "the face of the most profound economic crisis since the Great Depression" a new study by the American Enterprise Institute concludes that immigration policy can help fix the economy, and it would require neither new taxes nor new spending cuts.

Specific, incremental changes to immigration, such as more permanent and temporary visas for highly educated immigrants, especially those in STEM fields, and expanded programs for both skilled and less-skilled temporary foreign workers, can lead to job growth even in the short run.

The study notes that America’s immigration policy has remained largely unchanged for over two decades. And there is a cost to this inaction: while America remains deadlocked, the rest of the world competes for talent. Every major developed country is more focused than the United States on admitting immigrants to meet economic needs. Many countries are developing programs aimed at recruiting the next generation of job creators. Chile and Singapore have specialized visas for entrepreneurs.
 
 

Virginia Woman Sentenced To 6 Years For Student Visa Scam; Ordered to Make Restitution

Tuesday, December 13, 2011

A Virginia woman was sentenced to 6 years in prison on December 9, after pleading guilty to two counts of mail and wire fraud.

Mary Ann Smith, 42, was charged with operating a business in Virginia that purported to assist individuals in obtaining student visas for an ongoing series of fees. Two of Smith's thirty-four identified victims are residents of Memphis.

Smith had contacted the Memphis area victims in February 2009 via email describing a nonexistent student visa program in which the U.S. government supposedly exchanged students with foreign countries on a one-for-one basis.

Smith charged her victims an initial fee of approximately $6,500 per student, and later, after assuring her victims that the visas were being processed, sought fees to cover the students' airline tickets. Subsequently, she sought fees from the victims for various types of insurance, including "swine flu insurance."

Memphis area victims, who sought to sponsor four relatives for student visas, lost more than $40,000 to Smith. One of the Memphis area victims told the court her family members overseas sold their house and their car to make the payments charged by Smith. Total losses suffered by the collective victims exceeded $200,000.judge also ordered Smith to make restitution to the victims.
 
 

Bill Changing Family and Business Immigrant Quota Advances

Wednesday, November 30, 2011

The Fairness for High-Skilled Immigrants Act was introduced on September 22, 2011. If enacted it would eliminate the employment-based per-country cap entirely by fiscal year 2015 and raise the family-sponsored per-country cap from 7% to 15%.

On October, 27, the House Judiciary Committee held a markup of the bill and it was reported favorably out of committee by a voice vote. An amendment that would make adjustments to the three year phase-in period was accepted.

On November 29, the House passed the Fairness for High-Skilled Immigrants Act by a vote of 389-15 without additional amendments. The measure now moves on to the Senate for consideration.
 
 

FY 2012 H-1B 65,000 Cap Reached

Wednesday, November 30, 2011

On November 23, 2011 U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year (FY) 2012.

USCIS is notifying the public that November 22, 2011, was the final receipt date for new
H-1B specialty occupation petitions requesting an employment start date in FY 2012.

Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY 2012 that arrive after November 22, 2011.
 
 

Thousands At 16th Street Baptist Church Demand Repeal Of Anti-Immigration Law

Wednesday, November 23, 2011

Thousands gathered outside the historic 16th Street Baptist Church in Birmingham, Alabama yesterday to demand the repeal of the state’s anti-immigration law, HB 56.

Religious, community and civil rights leaders, as well as a special Congressional delegation, urged state legislators to bring an end to Alabama’s immigration law—a law opponents say slow state businesses as well as separate families and drive immigrants from the state.

The Congressional delegation held an ad hoc hearing at Birmingham City Hall to hear how the controversial law is effecting state residents, especially the Latino and immigrant communities where, according to Representative Luis Gutierrez, “the feeling of danger and despair is palpable.” One Congressman Al Green of Texas, commented that the law “deserves to be placed on the trash heap of history.
 
 

Real ID Act Blocks Americans From Driver's Licenses

Tuesday, November 22, 2011

USA TODAY’s Eliot J. Schechter reports that problems with REAL ID “can be staggering”. Without an ID, people cannot change jobs, drive legally, collect Social Security or Medicare, get through airport security or open a bank account. The law says that by 2013, only IDs from states that require applicants to present proof of citizenship or legal residency will be accepted to board an airplane or enter a federal building. In most states that have begun to comply, that proof means a birth certificate or immigration papers.

Sixteen states have passed laws opposing compliance with Real ID, according to the National Conference of State Legislatures. The Department of Homeland Security, acknowledging that the law's documentation requirements are burdensome and cause privacy concerns, has several times delayed the deadline for states to comply.

The National Governors Association calls the Real ID Act "unworkable" in its current form. The National Conference of State Legislatures has lobbied for its repeal.

One example the story cites is corrections officer Charles Lust, 46, of West Palm Beach, Florida.; when he tried to renew his driver's license in February 2010, he was shocked to discover his birth certificate said his name was Bell. A court, establishing paternity when he was 14, changed his name from Lust, his mother's name, to Bell, his father's name. After his driver's license expired, he couldn't open a bank account, cash a check or change jobs. He had to make special arrangements to pick up his kids from school because the school requires ID.

 
 

USCIS Streamlines Filing For Certain "N" Forms

Wednesday, November 16, 2011

As of October 30, 2011 USCIS began streamlining the filing process for several forms:

N-300, Application to File Declaration of Intention

N-336, Request for a Hearing on a Decision in Naturalization Proceedings

N-600, Application for Certificate of Citizenship

N-600K, Application for Citizenship and Issuance of Certificate under Section 322


The forms are now sent directly to a Lockbox instead of local USCIS offices.

Local USCIS will be allowed to continue to receive these forms from October 30, 2011 until December 2, 2011. Any forms received at local USCIS offices will be forwarded to the Lockbox facility for processing.

Starting December 3, 2011, any of these forms received at local USCIS offices will be returned to the applicants with instructions on how to properly file their forms.

Persons submitting the wrong form type for the benefit sought will have to reapply using the coorrect form and pay a new fee.

 
 

UPDATE: Visa Services

Tuesday, November 15, 2011

U.S. embassies and consulates are sometimes forced to limit or, at times, suspend visa services because of natural disasters, civil unrest, war, and/or security concerns, among other reasons.

The list below notes the U.S. embassies and consulates that currently provide limited visa services, locations where visa services are suspended, and countries that do not have U.S. embassies or consulates.

The list below does not include the following:

*Holiday closures or very short-term suspensions of service for non-security reasons.

*U.S. embassies and consulates at which the Department of States ordinarily does not provide a particular type of visa service.

Limited Visa Services

Cote D’Ivoire – Abidjan
Finland – Helsinki
Montenegro – Podgorica
Netherlands Antilles – Curaçao
Saudi Arabia – Jeddah
Syria – Damascus

Visa Services Suspended

Belarus – Minsk
Eritrea – Asmara
Libya – Tripoli

Countries That Do Not Have a U.S. Embassy or Consulate

Iran
North Korea
Antigua and Barbuda; Dominica; Grenada; St. Kitts and Nevis; St. Lucia; and St. Vincent and the Grenadines
Guinea-Bissau
 
 

Analysis: Driver’s Licenses For F, M and J Nonimmigrants

Friday, November 11, 2011

Over the past several years, obtaining a driver’s license from a state issuing authority has become tremendously difficult and confusing both for native born and foreign-born alike. Recently, Immigration and Customs Enforcement (ICE) issued a fact sheet for designated school officials (DSOs) and responsible officers (ROs) to help foreign students and exchange visitors (F, M or J nonimmigrants) obtain a driver’s license or state identification (ID) card.

The following are some general, helpful tips:

• Wait at least ten calendar days from the date of entry into the United States to apply for a driver’s license or ID. Most states and territories use the Systematic Alien Verification for Entitlements (SAVE) Program to determine a noncitizen’s eligibility for many public benefits, including the issuance of a driver’s license. SAVE uses an online system to check the applicant’s immigration status information against records contained in DHS immigration databases. Since the verification process is reliant on the underlying data source, an applicant for a driver’s license or ID must allow time for arrival of that data.

• The nonimmigrant must be in Active status when he or she applies for a benefit; wait at least two business days from the activation date.

• Several states require that a nonimmigrant have at least six months left on the Form I-20 or Form DS-2019 to be eligible for a driver’s license.

• Make sure the name on all supporting documents as well as the date of birth is consistent. The earliest official document, usually the passport, sets the standard. Otherwise, DMV may and often will deny the application.

• The nonimmigrant must be within the program start and end dates in SEVIS, unless participating in optional practical training (OPT) or 17-month STEM OPT extension.

Finally, ICE advises that the nonimmigrant does not need an SSN to apply for a driver’s license or ID, but most states will require him or her to apply for one. A nonimmigrant who is ineligible for an SSN will receive a Form SSA-L676, “Refusal to Process SSN Application,” and may have to present this letter when applying at the DMV office to fulfill the SSN requirement, if any.

The ICE fact sheet covers a myriad of other circumstances governing F, M, and J nonimmigrants and driver’s licenses and IDs.

For details: www.ice.gov/doclib/sevis/pdf/dmv_factsheet.pdf
 
 

GOP Challenger Defeats Arizona's Leading Anti-Immigrant Legislator

Friday, November 11, 2011

Arizona state senator Russell Pearce, the leading force behind Arizona’s SB 1070 and other anti-immigrant legislation, was defeated in a recall election Tuesday. Fellow Republican Jerry Lewis—a moderate on immigration issues—won with 54% of the vote. Citing Pearce’s narrow anti-immigrant agenda and the damage SB 1070 inflicted on the state, a group called Citizens for a Better Arizona began the recall effort back in January. Pearce is believed to be the first Arizona state legislator to face a recall election.

At the time of its passage, SB 1070 was the most far-reaching immigration control law passed by a state. Most of the law was declared unconstitutional by the courts and never implemented, and Arizona suffered a blow to its tourism industry. Pearce also backed the elimination of ethnic studies programs in schools and denying birthright citizenship to the children of unauthorized immigrants.

After SB1070 passed, major groups and associations cancelled events and conventions in the state. The Center for American Progress (CAP) estimated that Arizona would lose as much as $141 million in the food, lodging, and entertainment industries. Arizona spend $250,000 for a marketing campaign to help improve its image after SB 1070 was enacted. Through February 2011, Arizona had spent more than $1.5 million defending SB 1070.
 
 

Report: Thousands of Children In Foster Care After Parents Deported

Friday, November 04, 2011

A report released this week reveals one consequence of the enforcement: a startling number of children whose parents have been detained and deported are placed in foster care and face enormous barriers reuniting with their families.

According to the Applied Research Center, 1 in 4 people deported in FY 2011 (nearly 100,000 people) left behind a U.S. citizen child. The report found that the odds of reuniting the families are so low that the parents “basically fall off the face of the earth when it comes to the child welfare system.” Because of the regular increase in the number of annual deportations, this number is expected to triple in the next five years.
 
 

Department of Justice Challenges South Carolina Anti-Immigration law

Friday, November 04, 2011

On November 2, the U.S. Department of Justice (DOJ) filed suit against South Carolina, challenging the state’s anti-immigration law (SB 20). The Department of Justice charges that South Carolina, like Arizona and Alabama, have passed unconstitutional immigration laws. Coalitions have filed suit in five states —Utah, Indiana, Georgia, Alabama, and South Carolina—that passed their own Arizona-inspired laws in 2011. Most of these states have seen laws lose much of their bite through civil rights coalition-led legal challenges.
 
 

DHS Designates South Sudan for TPS

Monday, October 31, 2011

The Department of Homeland Security (DHS) has designated the new Republic of South Sudan (South Sudan) for TPS for a period of 18 months, effective November 3, 2011 through May 2, 2013.

This designation allows eligible South Sudan nationals (and aliens having no nationality who last habitually resided in that region) who have continuously resided in the U.S. since October 7, 2004 to obtain TPS. In addition to demonstrating continuous residence, applicants for TPS under this designation must demonstrate that they have been continuously physically present in the U.S. since November 3, 2011.
 
 

Haitians Are Reminded to File for TPS

Monday, October 31, 2011

Eligible nationals of Haiti (and persons without nationality who last habitually resided in Haiti) are reminded to file for Temporary Protected Status (TPS), which currently remains in effect through January 22, 2013.

Individuals who have not yet applied may do so through November 15, 2011. Individuals who already applied but whose applications were still pending as of May 19, 2011 need not file a new application. In mid August, USCIS auto-extended employment authorization documents (EAD) through January 22, 2012. For more details on whose EADs were extended and on the program in general, see http://1.usa.gov/haitian-tps.
 
 

Deferred Enforced Departure Extended for Liberians until March 31,2013; Work Authorization Extended to March 31, 2012

Monday, October 31, 2011

USCIS announced that it will automatically extend the validity of employment authorization documents for Liberians covered under Deferred Enforced Departure (DED) through March 31, 2012. The announcement follows President Obama’s decision to extend DED for Liberians until March 13, 2013.
 
 

New EADs And Redesigned Certificates of Citizenship

Tuesday, October 25, 2011

U.S. Citizenship and Immigration Services (USCIS) Director Alejandro
Mayorkas today announced the launch of an enhanced Employment Authorization
Document (EAD) and a redesigned Certificate of Citizenship (Form N-560) with new
features to strengthen security and deter fraud.

USCIS began issuing the new EADs today and will begin using the redesigned certificates on Oct. 30. The agency anticipates that more than 1 million people will receive the new documents over the next year.
 
 

Update on Visa Number Availability

Monday, October 24, 2011

In the November 2011 "Visa Bulletin", the Department of State (DOS) provides its prognosis on the likely availability and movement of visas for the next few months:

For Family (Worldwide) Categories: F1, expected to advance three to six weeks; F2A, three to six weeks; F2B, one to two weeks; F3, one to two weeks; and F4, up to one month.

For Employment Categories: EB-1, current; EB-2, current for Worldwide, Mexico, and The Philippines. (For China EB-2 and India EB-2, DOS reports that the current EB-2 cut-off date is approaching the most favorable date previously reached for such applicants; the dates reflect an effort to generate demand based on new filings for adjustment of status at USCIS offices. DOS advises, however, that once the level of demand increases sufficiently, the forward movement may be slowed or stopped, and a retrogression of the cut-offs at some point during the year is possible); EB-3, for Worldwide, expected to advance up to one month; China EB-3, one to three weeks; India EB-3, up to two weeks; Mexico EB-3, up to one month; Philippines EB-3, up to one month; EB-4, current; EB-5, current.
 
 

Update: FY 2012 H-1B Cap Count

Wednesday, October 12, 2011

USCIS has updated its count of FY2012 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of October 11, 2011, approximately 41,000 H-1B cap-subject petitions were receipted. USCIS has receipted 19,100 H-1B petitions for foreign nationals with advanced degrees.
 
 

Update: 2011 H-1B Cap Count

Tuesday, October 11, 2011

According to USCIS as of September 23, 2011, approximately 36,300 H-1B cap-subject petitions have been receipted. Additionally, USCIS has receipted 17,700 H-1B petitions for aliens with advanced degrees.
 
 

ICE Arrests Over 2,900 Convicted Aliens Throughout The U.S.

Monday, October 10, 2011

As part of the Obama administration's ongoing commitment to prioritizing the removal of criminal aliens and egregious immigration law violators, U.S. Immigration and Customs Enforcement (ICE) announced the results of a seven-day national "Cross Check" enforcement operation-which led to the arrest of more than 2,900 convicted criminal aliens.

"The results of this targeted enforcement operation underscore ICE's ongoing commitment and focus on the arrest and removal of convicted criminal aliens and those that game our nation's immigration system," said ICE Director John Morton.

The operation, the largest of its kind, involved the collaboration of more than 1,900 ICE officers and agents from all of ICE's Enforcement and Removal Operations' (ERO) 24 field offices, as well as coordination with our federal, state and local law enforcement partners throughout the United States. Arrests occurred in all 50 states and four U.S. territories.

All of the 2,901 individuals taken into custody had prior criminal convictions including at least 1,282 aliens who had multiple
criminal convictions.

More than 1,600 of those arrested had felony convictions including manslaughter, attempted murder, kidnapping, armed robbery, drug trafficking, child abuse, sexual crimes against minors, and aggravated assault.

Of the total 2,901 criminal aliens arrested, 42 were gang members and 151 were convicted sex offenders. In addition to being convicted criminals, 681 of those arrested were also immigration fugitives who had previously been ordered to leave the country but failed to depart. Additionally, 386 were illegal re-entrants who had been previously removed from the country multiple times.
 
 

Justice Department Asks Court To Block Alabama's Immigration Law: 'It Creates Discrimination'

Friday, October 07, 2011

USA Today reports that the U.S. Justice Department has asked the 11th Circuit Court of Appeals to block Alabama's new immigration law calling it "a sweeping new state regime."

"That state regime contravenes the federal government's exclusive authority over immigration," the filing said. "The law also invites discrimination against many foreign-born citizens and lawfully present aliens, including legal residents, by making it a crime for any landlord to rent housing to an unlawfully present alien, invalidating all contracts with unlawfully present aliens, and even targeting school-age children with an alien registration system."

Last week U.S. District Judge Sharon Blackburn allowed major portions of the Alabama's immigration law to go into effect, saying the Justice Department and a coalition of groups represented by the American Civil Liberties Union and the Southern Poverty Law Center had not shown they met standards for a preliminary injunction on the entire law. Blackburn denied request this week to stay the law while appeals move forward.

The district court judge blocked provisions that would have banned undocumented residents from attending postsecondary schools and made it a crime to "harbor, conceal or shield" undocumented residents.

Alabama Governor Robert Bentley signed the legislation on June 9.
 
 

Former UNCC Staffer Pleads Guilty

Tuesday, October 04, 2011

The Associated Press reports that a former employee of the University of North Carolina at Charlotte has pleaded guilty to helping dozens of foreign students stay in the United States illegally.

Thomas Briggs admitted to falsifying documentation for 66 foreign students between 2007 and 2009. University officials fired Briggs and notified federal authorities.

Brigg’s attorney maintains that he “acted out of concern for the well-being of the students”.

Briggs faces a maximum sentence of five years in federal prison and a fine of up to $250,000. A sentencing date has not been set yet.
 
 

All Business Based Adjustments Halted

Thursday, September 15, 2011

The U.S. Department of State has announced that effective immediately it has been necessary to stop authorizations in response to request for ALL Employment preference cases for the remainder of FY-2011. This action has been necessary because the FY-2011 Employment annual limit has not been reached. Numbers will once again be available for all Employment categories beginning October 1, 2011 under their FY-2012 annual numerical limitation.
 
 

Analysis: Do you need an Attorney Before Deciding To File For The Greencard Lottery?

Thursday, September 15, 2011

Allen, Pinnix & Nichols note that the assistance of an attorney for the initial DV lottery filing will not enhance the chances of an applicant who follows the directions in the rules, and consequently, as in previously years, the firm will not file electronically for applicants. It is important to understand that initial selection does not guarantee visa issuance and if selected it will be crucial to act promptly. However, an applicant who is initially selected should immediately seek the assistance of an attorney who is knowledgeable about immigration issues.

As with earlier programs, the DV-2013 lottery for U.S. immigrant visas (“green cards”) will generate worldwide press attention. Beware! In the past, certain individuals, even attorneys, have charged large fees and made representations that they could increase an individual’s chance of selection or, in some cases, have even guaranteed selection.

Guarantees or assistance by an attorney or other persons will not increase your chances of being selected. The U.S government does not charge a fee for the electronic lottery entry in the annual DV program. The U.S. government employs no outside consultants or private services to operate the DV program. Any intermediaries or others who offer assistance to prepare DV entries do so without the authority or consent of the U.S. government. A qualified entry submitted electronically directly by an applicant has an equal random chance of being selected within its region. But, receipt of more than one entry per person will disqualify the person from registration, regardless of the source of the entry.

Even though the program is designed to be a true lottery, there are several areas of concern which may warrant consultation with a competent immigration attorney:

(1) The State Department will eliminate many applicants for submitting incomplete information regarding family relationships or otherwise failing to comply with the rules;

(2) The lottery is not an Amnesty program and statutory grounds of inadmissibility are not automatically waived, although waivers may be available in certain instances;

(3) Although not particularly likely, the government is not barred from using information submitted on a lottery application for enforcement or other purposes;

(4) Every applicant must have at least a high school education or its equivalent; or, within the past five years, have two years of work experience in an occupation requiring at least two years’ experience according to the U.S. Department of Labor’s O*Net Online data base;

(5) An attorney may be able to identify cross chargeability opportunities for a limited number of applicants that could, at least theoretically, enhance the chance of selection or allow persons who would not have otherwise been eligible, to file:

6) It is crucial to know whether Section 245(i) [which has terminated and is no longer widely available] allowing processing in the United States is nevertheless available and whether the 3 and 10 year or permanent bars to admissibility apply to applicants who are required to process abroad.

For Help and Further Information: the State Department Website contains complete information on the Diversity Visa Lottery Program: www.dvlottery.state.gov
 
 

MAN ARRESTED FOR ENGAGING IN IMMIGRATION SERVICES SCAM

Wednesday, September 14, 2011

RALEIGH - TOMMIE RAND PIERCE has been charged with "falsely assuming and pretending to be" an immigration officer. PIERCE is charged with preparing and assisting in the preparation of immigration false applications.

According to a federal criminal complaint, PIERCE defrauded "an unknown number of aliens and businesses" by leading them to believe he was a federal agent with to obtain approval of immigration applications for which the applicants were otherwise ineligible to obtain a benefit.

According to the U.S. Attorney for the Eastern District of North Carolina's office, to date, the investigation has revealed more than 265 fraudulent immigration applications were filed by PIERCE and his assistants.
 
 

ACLU: Alabama Law Enjoined--Temporarily

Thursday, September 01, 2011

According to the American Civil Liberties Union a federal court has temporarily enjoined the enforcement of HB 56, the Alabama immigration law. The law was scheduled to go into effect on September 1.

The temporary hold was ordered to give the court sufficient time to issue a decision on motions filed in three consolidated lawsuits to block the law, pending a ruling on the motions. The court’s temporary order does not reflect any view about the substance of the motions.

The hold will remain in place until September 29 at the latest, and the court is expected to publish its decision on the three pending motions by then. The motions were filed by a coalition of civil rights groups, the United States of America, and bishops of the Episcopal, Catholic and Methodist churches in Alabama.
 
 

Analysis: Administration Announces Initiatives to Promote Foreign Entrepreneurial Talent: Will This Translate into Nonimmigrant and Immigrant Visa Approvals?

Thursday, September 01, 2011

For years, America has sought the best and the brightest from business, academia, science, and the arts. And, U.S. companies have sought to attract key, highly skilled professionals needed to manage, expand, and re-invigorate their operations here. But visa backlogs, limited visa availability, restrictive agency interpretations, and rigid adjudications all have had a chilling effect on those companies who seek to expand and create jobs in the U.S. through the petitioning of foreign personnel. Entrepreneurs, self-styled capitalists, and other self-employed self-starters, large and small, have experienced particular difficulty and uncertainty when applying for nonimmigrant or immigrant visa eligibility, never knowing whether their cases would be approved. In many instances, the evidentiary burden as applied to them has been disproportionately onerous; in other instances, the documentary evidence required has been misconstrued and disconnected from real business practices.

It is against this backdrop and a tanking economy that USCIS Director Alejandro Mayorkas and Secretary of Homeland Security Janet Napolitano recently outlined – with much fanfare – “a series of new policy, operational, and outreach efforts” designed to help invigorate the economy and stimulate investment by making it easier for highly-skilled immigrants to start and grow companies and create jobs in the United States. Citing the need to attract foreign entrepreneurial talent of all kinds, immigration officials announced plans that could positively affect immigration visa eligibility in several categories if their plans are more than mere fantasy and hype.

National Interest Waivers (NIWs) for Entrepreneurs

First, the government announced that it “will clarify,” presumably with field adjudicators, that immigrant entrepreneurs may obtain employment-based second preference (EB-2) immigrant visas if they satisfy the existing requirements. The law has always provided for such eligibility and perhaps USCIS is instructing adjudicators to merely apply the law. More notably, USCIS makes clear that entrepreneurs can qualify for an EB-2 National Interest Waiver (NIW), and sheds light on how such individuals can demonstrate that their business endeavors will be in the interest of the United States. Significantly, an individual seeking an EB-2 national interest waiver can self-petition; he does not need an employer to hire him.

Historically, the first step in proving EB-2 NIW eligibility, even for entrepreneurs, has been relatively easy. It requires that an individual is a professional holding an advanced degree or possesses “a degree of expertise significantly above that ordinarily encountered,” or exceptional ability. The second step, proving that the entrepreneur’s investment in a business venture will substantially serve the national interest, has been more challenging. To do so – to qualify for a national interest waiver – the entrepreneur must demonstrate that (1) the proposed employment or work has substantial intrinsic merit; (2) that the benefit to be provided will be national in scope; and (3) that the national benefit is so great that it exempts the individual from undergoing the lengthy and costly process of testing the labor market for U.S. workers through the labor certification process.

In its August announcement, USCIS provides some examples on how an entrepreneur can meet the NIW, or second-step requirements. To establish the national scope of the proposed benefit of the work, for instance, an entrepreneur could, describes USCIS, show a linkage between job creation in a locality and the spinoff of related jobs in other parts of the country. Alternatively, he could show that local job creation will have a positive national impact. USCIS also opines that an individual entrepreneur might be eligible for exemption from the labor certification process if he establishes that the enterprise is creating new job opportunities for U.S. workers or that it otherwise enhances the welfare of the United States. Through these examples and its broader pronouncement, USCIS seems to be signaling a break from current constructions of what is required and setting out new expectations for these kinds of cases.

Immigrant Investor (EB-5) Program

As previously reported, USCIS plans to enhance and streamline the Immigrant Investor (EB-5) Program. Some components of the streamlined program include a fast-track for applications of enterprises that are fully developed and ready to be implemented, premium processing for certain cases, and the implementation of direct communication between the applicant and USCIS to, among other things, resolve issues without the need for formal requests for additional evidence (RFEs). USCIS is developing a rollout of these changes with the first to be implemented in early September.

Expansion of Premium Processing for Immigrant Multinational Executives and Managers

USCIS also announced that it will expand premium processing service to multinational executives and managers immigrant visa petitions (EB-1-3). Premium processing, which guarantees adjudication in 15 days, is currently available for many other employment-based immigrant visa petitioners, including extraordinary ability foreign nationals and outstanding professors and researchers. However, EB-2 National Interest Waiver petitions remain conspicuously still absent from the premium processing list, an anomaly that is hard to explain. Surely, the certainty of a decision in 15 calendar days through premium processing would encourage a reluctant entrepreneur-petitioner to go forward and invest. We hope USCIS will rethink this and add EB-2 NIW petitions to the list.

Nonimmigrant Visas

On the nonimmigrant side of the ledger, USCIS unfortunately provides little new guidance. It does, however, state that an H-1B beneficiary who is the sole owner (an employee-entrepreneur) of the petitioning company may establish a valid employer-employee relationship for the purposes of qualifying for an H-1B visa. This has long been a gray area and fraught with tremendous uncertainty in adjudication.

USCIS also announced plans to undertake extensive outreach efforts, including a series of engagement opportunities with stakeholders to seek input and feedback on how to address the unique circumstances of entrepreneurs, new businesses, and startup companies. Certainly, other nonimmigrant work visas that are suitable for those in business – Es, Ls, and Os – will be the subject of such efforts and must be addressed. And, given the fanfare associated with the recent announcement, USCIS must be prepared to lay out its implementation plan in real and concrete terms.

Will New Policy Translate into Nonimmigrant and Immigrant Visa Approvals?

Long advocated for by immigrant practitioners, economists, business, and others, the ideas outlined by Secretary Napolitano and Director Mayorkas are welcome news, even if symbolic. The United States needs capital and talent to jump-start the economy, and foreign investors and entrepreneurs -- natural risk takers – have long sought status in the United States to conduct business here. Moreover, these initiatives require no new visa category to be enacted and no expansion of visa numbers. What these initiatives do require, however, is flexibility and a common sense application of the law by USCIS and State Department adjudicators. Such decision-makers must be instructed and trained to adapt the specific particularities of everyday business practice to immigration visa criteria, and abandon their more widespread rigid, checklist approach to adjudication.

So, will foreign companies that operate and expand operations in the U.S. see fewer hurdles when seeking to transfer their executive and managerial employees? Will self-starters with big ideas, some capital, and job creation prospects secure green cards? Will EB-5 immigrant investors have greater assurance that the conditions on their residence will be removed? Will foreign E-1 traders and E-2 investors – while not specifically addressed – have more confidence in their renewal applications? Most importantly, will these initiatives trickle down to the field? Or, is the Emperor wearing no clothes.
 
 

Upset Possible in Utah: Underdog Supports Comprehensive Immigration Reform

Tuesday, August 30, 2011

On September 13 Nevadans in a historically Republican 2nd Congressional district will hold a special election to fill a vacant house seat formerly occupied by Dean Heller (R) who was appointed by the Nevada Republican party to fill the seat vacated Senator John Ensign. This was supposed to be an easy victory for Nevada Republicans, but Democrat State Treasurer Kate Marshall has unexpected gained ground.

A poll conducted by Public Policy Polling and released a week ago puts the Republican Amodei, Marsall's Republican opponent up only 1 point over Marshall, 43-42, which is within the survey's margin of error.

Amodei, in a very conservative district, has joined the tea party band wagon and endorsed the Paul Ryan budget proposal. As an attorney Marshall represented immigrants in Brownsville, Texas and served as a Peace Corps volunteer in Kenya, she supports Comprehensive Immigration Reform. Amodei compares illegal immigration to Hurricane Katrina.
 
 

Overall Little Movement in September Visa Numbers

Sunday, August 28, 2011

As expected, there was little forward movement in visa backlogs as reported in the Visa Bulletin for September. Some notable exceptions are family 2A (spouses and children of permanent residents), which moved forward five months across the board (except for Mexico) to 12/01/2008, and Other Workers (EB-3), which progressed four months (except for China and India) to 08/01/2005.

Some forward movement is expeced in October when the FY2012 visa allotment becomes available.

 
 

E-Verify Expands: Spanish Version Added

Thursday, August 25, 2011

On August 15 U.S. Citizenship and Immigration Services (USCIS) announced an expansion of E-Verify Self-Check, a service allows individuals to check their own employment eligibility status before seeking employment, to California, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, Nevada, New Jersey, New York, Ohio, South Carolina, Texas, Utah, and Washington. Expansion to 16 additional States is planned.

Since March 2011 E-Verify Self-Check has been available in Arizona, Colorado, Idaho, Mississippi, Virginia, and the District of Columbia.

E-Verify Self-Check is available for the first time in Spanish.


 
 

Warning: The Obama Administration’s Immigration Announcement is NOT an Amnesty Program!

Tuesday, August 23, 2011

The American Immigration Lawyers Association (AILA) has posted the following warning for undocumented foreign nationals and other foreign nationals who are out of status:

The Obama Administration made very clear that the announcements do NOT provide any way to “apply” for a work permit or “EAD” nor is there a new way to apply to remain in the United States. The change announced is not about giving people work permits or legal status. The announcement applies ONLY to cases already in the system, ensuring that low priority cases do not continue to clog up an already overburdened immigration court system.

Do NOT believe anyone who tells you they can sign you up for a work permit (Employment Authorization Document or “EAD”) or get you legal status based on the Secretary Napolitano’s August 18, 2011 announcement! Anyone who says that is not to be trusted!

There is NO “safe” way to turn yourself in to immigration and there is NO guarantee that your case will be considered “low priority.” ANY person who comes into contact with immigration authorities may be arrested, detained or even removed.

Only a QUALIFIED IMMIGRATION LAWYER can evaluate your case and tell your about your rights.

Do NOT seek legal advice from a notario or immigration consultant.

For more information about avoiding immigration scams go to www.StopNotarioFraud.org



ADVERTENCIA: El Anuncio de Inmigración de la Administración de Obama no es un Programa de Amnistía!

¡NO debería confiar en ninguna persona quien le dice que él/ella le puede inscribir para un permiso de trabajo (Documento de Autorización de Empleo o “EAD,” por sus siglas en Inglés), o que le puede conseguir estatus migratorio legal basado en el anuncio del dia 18 de Agosto, 2011 de la Secretaria Napolitano.

¡Cualquiera que diga esto no es de fiar!

• NO hay una manera “segura” de entregarse a las autoridades de inmigración, y NO existe ninguna garantía de que su caso será considerado como uno de “baja prioridad.” CUALQUIER persona que
entra en contacto con las autoridades de inmigración puede ser encarcelado, detenido, y hasta deportado.

• Sólo un ABOGADO DE INMIGRACIÓN CALIFICADO puede evaluar su caso y orientarle acerca de sus derechos.

• NO debe buscar asesoría legal de un notario o consultores de inmigración.

• Para obtener más información sobre cómo evitar las estafas de inmigración, visite a www.parefraudenotarial.org