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ICE Updates List of SEVP Approved Schools for F, M and J Visas
Posted by: Jessica Hargis
December 20, 2011
Topic: Immigration

On 12/16/2011, ICE updated its list of Student and Exchange Visitor Program (SEVP) approved schools. SEVP assists the Department of Homeland Security and the Department of State by maintaining an approved list of schools and exchange programs that are approved for F, M and J visa categories.

To access the newly updated list of approved schools and exchange programs, or to see if your school qualifies, please visit the following website: http://www.ice.gov/doclib/sevis/pdf/ApprovedSchools.pdf.

If you would like professional assistance in obtaining an F, M or J visa, or any other type of visa to to the United States, please contact an immigration attorney.

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Woman Immigrant in Same-Sex Marriage Won
Posted by: Jessica Hargis
December 08, 2011
Topic: Immigration

Original Post by Daniel M. Kowalski

"A New York woman releases a deep sigh of relief as she reflects on a court ruling that her spouse will not be torn from her by the looming threat of deportation.?@ 'Now we can make plans, and we have all the time in the world,' Cristina Ojeda, 26, tells CNN.?@ Monday, she received a letter confirming the ruling by Immigration Judge Terry Bain that will allow her wife, Argentina-born Monica Alcota, 36, to stay in the United States, according to the couple's attorney, Lavi Soloway.?@ Soloway said this is the first time the government had asked an immigration court to close removal proceedings against a spouse in a same-sex couple since the Department of Homeland Security announced November 17 that a 'working group' would be reviewing all pending immigration cases." - CNN, Dec. 6, 2011.

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TPS Extension for Honduras and Nicaragua
Posted by: Jessica Hargis
November 04, 2011
Topic: Immigration

Secretary of Homeland Security Janet Napolitano has extended Temporary Protected Status (TPS) for eligible nationals of Honduras and Nicaragua for an additional 18 months, beginning Jan. 6, 2012, and ending July 5, 2013.  Current Honduran and Nicaraguan beneficiaries seeking to extend their TPS status must re-register during the 60-day re-registration period that runs from Nov. 4, 2011, through Jan. 5, 2012. USCIS encourages beneficiaries to register as soon as possible when the 60-day re-registration period begins.

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Visas for US Homebuyers a Possibility
Posted by: Jessica Hargis
October 26, 2011
Topic: Immigration

Senator Charles Schumer (D., NY) and Mike Lee (R. Utah) have introduced a bipartisan bill which would allow foreigners to apply for visas in the United States as long as they spend at least $500,000 cash on a home in the United States.

Applicants would be eligible whether the $500,000 is spent on one house, or spread between multiple properties. Where the total amount is spread between multiple properties, at least $250,000 would need to be spent on a residence, whereas the balance could be invested in other real estate (even rental properties).

Wealthy foreigners, already a growing percentage of U.S. homebuyers, can take advantage of this opportunity to legalize their status in the United States while helping to improve the U.S. housing market and economy. However, in the interests of protecting the U.S. job market and reserving jobs for American workers, foreigners who benefit from this program would not be able to work in the U.S. unless they can do so through other means, for example, applying for an H-1B, L-1, or other work visa. Similarly, any dependents (family members such as a spouse or child) that accompany the homebuyer to the United States would need to secure employment authorization through the existing system if they desire to work in the United States.

This proposal has its groundings in current visa policy. The United States already has an investor visa program whereby foreign investors can apply for permanent residence as long as they invest at least $1,000,000 USD in businesses which create jobs for American workers (reduced to $500,000 in certain economic zones). The fact that the new proposal is modeled after an already-successfully visa policy indicates that the new proposal will be similarly successful in stimulating the US economy.

The details are in the making, but we are happy to see incentives that positively influence the US economy wrapped up in larger immigration reform.

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Administration Moves Forward in Expanding Prosecutorial Discretion
Posted by: Jessica Hargis
August 24, 2011
Topic: Immigration Reform

Prosecutorial discretion has recently been expanded by the Administration in an effort to provide relief to low priority immigration offenders in the United States.

For those unfamiliar with the concept of "Prosecutorial Discretion", it is the authority of an agency or officer charged with enforcing a law to decide whether to enforce the law in a particular case. Basically, it gives Immigration the choice of enforcing the law or not enforcing the law on a case-by-case basis. For example, although the law may state that illegal aliens are subject to removal from the United States, an Immigration Officer may decide not to enforce that law against an illegal alien based on the facts of the case. 

The Department of Homeland Security (DHS) has stated that it will not categorically stop removal, but that foreigners who have low priority cases may request prosecutorial discretion on a case-by-case basis.  In the June 17, 2011 memo issued by Immigration and Customs Enforcement Director John Morton, low priority cases were described as non-criminals who have been in the country since childhood, have strong community ties, are veterans or relatives of persons in the armed services, are caregivers, have serious health issues, are victims of crime or otherwise have a strong basis for remaining in the United States. 

For persons already in removal proceedings, DHS and the Department of Justice intend to form a joint committee to determine which cases are low priority and can be administratively closed.  DHS is also supplying guidance to Immigration Officers to make sure that they properly use prosecutorial discretion in deciding which cases should be sent to Immigration Court in the first place. 

Persons who are currently in removal proceedings should consult an Immigration Attorney to determine whether or not they may be eligible for prosecutorial discretion. Prosecutorial discretion may offer a way to close the court proceedings, stabilize status in the USA and possibly qualify the foreign national for employment authorization.

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The Self-Sponsored H-1B is Back! Recent USCIS Clarifications Ease the Burden on Foreign Entrepreneurs
Posted by: Lola Chen
August 09, 2011
Topic: Immigration & Employment

In an effort to boost our troubled economy and job market, USCIS Director Mayorkas has issued a variety of initiatives intended to increase the ability of foreign entrepreneurs to obtain immigrant benefits.  Recent “clarifications” should ease the burden on foreign entrepreneurs wishing to stay in the United States based on their investments, while at the same time creating jobs for US workers. 

The January Neufeld Memo: No Longer the Last Word

Since January 8, 2010, self-sponsor H-1B candidates have been severely restricted from the ability to obtain H-1B visas.  This was due to DHS’s issuance of the Neufeld Memorandum which put forth regulations requiring that an employee/employer relationship be proven wherein the employer has the right to control, hire and fire the foreign employee.   This has been a serious problem for self-sponsoring H-1B candidates who are generally sponsored by the company which they themselves have founded.  Essentially, the Neufeld Memorandum prohibited H-1B self-sponsorship for foreign entrepreneurs except in very rare and difficult to prove circumstances.  

How is H-1B self-sponsorship eligibility changing?

Although the Nuefeld Memo still stands, USCIS has eased the requirements to demonstrate the necessary employer/employee relationship for H-1B.  After worry that USCIS policies were restricting job growth and stifling the US economy, USCIS has relaxed the rules making it easier for self-sponsor H-1B candidates to obtain a visa.  Although an employee/employer relationship still must be shown, USCIS has clarified that this can be accomplished through a board of directors (or similar committee) which has the ability to control, hire and fire the foreign entrepreneur as an employee of the company.  Setting up a new company in this way would be sufficient to prove to USCIS that a qualifying employer/employee relationship exists. 

If you have any questions about whether you would be eligible for an H-1B through self-sponsorship, please contact an experienced Immigration Attorney for a consultation.

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H-1B VISAS STILL AVAILABLE FOR FISCAL YEAR 2012 (employment start date of 10/01/2011)
Posted by: Lola Chen
June 09, 2011
Topic: Immigration & Employment

Each year, there are a limited number of H-1B visas available for professional foreign workers. (Some non-profit organizations, institutions of higher education and other similar employers are not subject to this limit, and are called "cap-exempt." For a determination as to whether your company is "cap-subject" or "cap-exempt", please consult an immigration attorney). 60,000 cap-subject H-1B visas are available to foreign professionals who have a United States Bachelors Degree or the foreign equivalent, while 20,000 additional H-1B visas are available for those holding a United States Advanced Degree (for example, a Masters Degree). All of the cap-subject H-1B visas are available for a start date of October 1st of each year.

Because of the limited number of H-1B visas and because the visas have historically run out within a matter of days, employers file as early as possible to increase their chances of securing an H-1B visa. The visa petitions may be filed no earlier than 6 months prior to the employment start date, making April 1st of each year a popular time to apply for the H-1B.

This year, even though we are already in June, several thousand H-1B's still remain. As of June 1, 2011 approximately 13,600 H-1B cap-subject petitions were receipted, while 9,300 H-1B petitions for aliens with Advanced Degrees were receipted.

If you are interested in applying for an H-1B or other professional work visa, it is best to speak with an Immigration Attorney to determine what type of visa would be right for you. Because of the limited number of H-1B visas, filing early in the season will increase the chances of obtaining the H-1B visa.

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PRESIDENT BARACK OBAMA CALLS FOR IMMIGRATION REFORM
Posted by: Lola Chen
May 26, 2011
Topic: Immigration

On May 10, 2011, President Obama delivered a speech dedicated to fixing our broken immigration system in El Paso, Texas. The President addressed some of the major obstacles to passing comprehensive reform and advocated for the need for reform as an economic imperative. Here are some quotes from his speech:

"...we should stop punishing innocent young people for the actions of their parents by denying them the chance to stay here and earn an education and contribute their talents to build the country where they've grown up. The DREAM Act would do this, and that's why I supported this bill as a state legislator and as a U.S. senator -- and why I continue to support it as president."

"...And reform will also help to make America more competitive in the global economy. Today, we provide students from around the world with visas to get engineering and computer science degrees at our top universities but then our laws discourage them from using those skills to start a business or a new industry here in the United States. Instead of training entrepreneurs to stay here, we train them to create jobs for our competition. That makes no sense. In a global marketplace, we need all the talent we can attract, all the talent we can get to stay here to start businesses -- not just to benefit those individuals, but because their contribution will benefit all Americans."

.."So immigration is not just the right thing to do. It's smart for our economy. It's smart for our economy. And it's for this reason that businesses all across America are demanding that Washington finally meet its responsibilities to solve the immigration problem."

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Obama Gives Brief Hope of Visas for Same Sex Couples
Posted by: Lola Chen
April 08, 2011
Topic: Immigration

President Obama's announcement that the Defense of Marriage Act (DOMA), which prohibits recognition of same sex marriages, was unconstitutional gave rise to optimism, albeit very briefly. For a very short period, it gave same sex couples hope that they would finally be eligible for the same immigration benefits, as straight married couples, including access to lawful permanent residence and citizenship.

For a period of 24 hrs, the US Customs and Immigration Service (USCIS) issued a temporary hold on 'Green-Card" applications from same sex couples, while awaiting legal clarification on issues that arose after the President's announcement.

Newsweek had most recently reported, that USCIS in the districts of D.C. and Baltimore had announced a temporary stay in cases involving same sex couples.

However a spokesperson for USCIS, Chris Bentley, quickly confirmed that there had been,

"No change in policy and intends to follow the president's directive to continue enforcing the law."

In addition, the Attorney General, Eric Holder expressed that DOMA is still the law of the land and will continue to be enforced. It is, therefore, presumed that applications filed by US citizen or permanent residents on behalf of foreign national, same sex spouses will continue to be denied, even though these unions are recognized in the states of Massachusetts, Connecticut, Iowa, Vermont and New Hampshire. It is also to be expected that applications for cancellation of removal, fianc?/ee visas and waivers, will also be denied and applications will face deportation.

A spokes person for Immigration Equality expressed disappointment that the administration would continue to deport foreign nationals, even in states where same sex unions are given legal recognition.

To date, no-one has received a US immigration benefit, based on marriage to a gay or lesbian partner.

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Arizona and Immigration Enforcement, What a Disaster!
Posted by: Lola Chen
April 07, 2011
Topic: Immigration

It has been almost a year since Arizona's controversial and draconian SB1070 immigration enforcement bill was introduced and therefore, it begs the question: "Has the bill accomplished its intended effect of 'persuading' undocumented immigrants to leave the state?"

Clearly, the scaremongering tactics by restrictionist legislators, seeking to make a name for themselves, has worked, but not as intended. Instead, the undocumented have left the state, taking their labor, tax dollars and spending power with them. In many ways, it can be argued that the Arizona compact SB1070, which permits law enforcement to detain those whom they believe are 'removable from the United States,' has been an unmitigated disaster.

Not only is it estimated to have cost the State, $490 million in tourism revenues, but also $141 million in cancelled conferences, in addition to 3,000 tourism jobs. The law has prompted some manufacturing jobs to move their operations to Texas.

The burden on the state budget, which the bill has created, is yet to be counted, but will include increased arrests, detentions and transportation and foster care for minor children of detained immigrants; that is before the projected increase in prosecutorial and legal fees.

The example set by Arizona has caused many states that were initially tempted to pass similar legislation, into taking a step back. In calculating the costs, states like Colorado and Kentucky are coming to realize that harsh immigration legislation can only hurt state budgets, when they can least afford to do so.

Proponents of the bill ignore the fact that this type of legislation dissuades American employers, from seeking talented foreign workers and only encourages outsourcing, thus creating an extra financial burden. Critics of the bill argue that the proposed legislation is a waste of taxpayer dollars, "in search of a problem." Incidentally, these same lawmakers argue against granting citizenship to children, born to undocumented immigrants.

Instead comprehensive immigration reform is needed to revamp the system, encourage innovation and inspire job creation.

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