Visa Lawyer Blog

Our Blog is being read by thousands of Media outlets across the Globe. I was happy to be quoted by ComputerWorld about the recent H1B filing madness. For 40 years, Computerworld has been the leading source of technology news and information for IT influencers worldwide. Computerworld's award-winning Web site (Computerworld.com), weekly publication, focused conference series and custom research form the hub of the world's largest global IT media network.

The article covers the issues as to why is the demand for foreign workers, including skilled software developers and other IT professionals, still rising as economic conditions grow steadily worse? I have commented on the most recent changes to the H1B program and filing strategies to consider.

Click here to read the article

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Posted In: Work Visas

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Yes, the big day has arrived, March 31, 2008!!! We are very excited (and exhausted), but all our cases are ready to go via FEDEX to the Vermont or Califronia Service Centers dpending on the locations of the employers. We carefully marked all the envelopes with bright markers to indicate Premium and Regular processing cases. We also rubbed each envelope with a special H1B magic potion to make sure they will be selected in the lottery-...(just kidding, April fools is tomorrow!!!)

We just learned, that USCIS indicated that only H1B petitions selected in the lottery will be issued receipt notices. Last year it was madness, some H1B petitions were issued receipts before the lottery and without consideration for whether or not they were accepted for processing. This created significant confusion and anxiety. Some petitioners who were issued the receipt notice assumed that their filings were accepted for processing when, in fact, they were refused later through the lottery. To avoid this confusion this year, the USCIS will conduct the H1B lottery before issuing receipts for H1B petitions accepted for processing for FY2009. In anticipation of the rush of cap-subject H1B filings that will begin April 1, 2008, the USCIS has alerted the U.S. Postal Service and the courier services to the increased volume of mail expected.

We wish best of luck to all the H1B visa filers this year, and we will keep you posted....

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Posted In: Work Visas

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Yes the pressure is on and we are less than 7 days before the H1B filing date. Our office is open longer hours and dedicated staff members are trying to put together the cases in the most perfect order, according to the tips issued by USCIS The goal is to file on March 31, 2008 by close of business.

Here are some useful Q and A on the new rules:

What is the H-1B visa program?
The H-1B visa program is used by U.S. businesses to employ foreign workers in occupations that
require theoretical and practical application of highly specialized knowledge and a bachelor’s degree
or higher (or its equivalent), such as scientists, engineers, or computer programmers.

What is the purpose of the new rule?
The overall goal of the new rule is to promote equal opportunity for prospective petitioners seeking
visas for H-1B workers.

Continue reading "H1B Visas - Q and A on the new H1B rules" »

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I recently posted an article about what is actually happening at a Marriage based adjustment interview Read here But it seems that from time to time, innocent immigrants may face unethical, criminally motivated immigration agents that take advantage of their position to exploit immigrants. We as lawyers make sure to follow our clients' cases from early document preparation stages to the final interview and beyond. We make sure that stories like the one you are about to read will never happen.

This is a story of a bad agent pursuing a young immigrant after her marriage interview with the spouse. The calls from the agent started three days later. He hinted, she said, at his power to derail her life and deport her relatives. He called her to a private meeting. And at noon on Dec. 21, in a parked car on Queens Boulevard, he named his price — not realizing that she was recording everything on the cellphone in her purse.
“I want sex,” he said on the recording. “One or two times. That’s all.

Read the story here

We expect the agency to create a system to root out these bad apples and protect the innocent immigrants. One of the advantages of hiring a lawyer to assist and be present the interview is to make sure that you will get the best treatment from the government at all times. If not, we are here to respond.

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Posted In: San Diego Immigration Law

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As we are struggling to finish processing our H1B cases and get them ready for the March 31 filing date (look I am working on Saturday night!!!), new bills were introduced that may provide relief from the Cap. Here are the bills:

Strengthening United States Technology And Innovation Now Act (H.R.5642) - (March 14, 2008)

- Would Raise H-1B Cap in Fiscal Years 2008 and 2009 to 195,000 Annually
Innovation Employment Act (H.R.5630) - (March 13, 2008)

- Would Raise H-1B Cap in Fiscal Year 2008 to 130,000

With Possible Increases Up to 180,000 in Future Years
New American Innovators Act (H.R.5634) - (March 13, 2008)

Continue reading "H1B Visa Attorney - New Bills introduced will increase the H1B cap" »

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According to the American Immigration Lawyers Association, DHS/USCIS announced on a conference call on 3/19/08 that it has transmitted to the Federal Register an interim final rule regarding H-1B filing that would:

Change from 2 days to 5 days the period of time during which cap-subject H-1Bs can be received to be included in any "lottery" that would occur if, as expected, the number of petitions exceeds the quota.
Prohibit multiple filings from the same employer for the same employee, even if the filings are for different jobs. The one exception would be that related employers could file separate petitions for the same employee.
Result in the denial or revocation (without refund of fees) of any petition found to have been a multiple filing.
Change the lottery system so that the 20,000 U.S. advanced degree cap cases are selected first. If any advanced degree cases are left after that process, they would go into the overall 65,000 pool.
State that no refunds will be made on cases where someone incorrectly claims a cap exemption.

USCIS also indicated that it will continue to accept letters from authorized officials of schools indicating that a student has completed the requirements for a degree (i.e., all papers, exams, etc.) and is merely awaiting official conferral of the degree.

Read the Rule here

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Here is an interesting discussion on what is illegal immigration by the Pinky Show

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Posted In: Podcasts

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With only a few weeks left for filing H1B visas, we are so busy at the office with last minute filings. In the next few weeks, we will be finalizing all the cases currently open and will be accepting new cases that have a chance to be filed before the April 1 deadline. Our biggest problem is cases with foreign degrees, such degrees must be evaluated before filing, and the later we receive the degrees, the harder it will be for us to file.

Still the biggest question that clients are asking, will the Government increase visa numbers before April 1 or in the near future.

Major corporations praised a bill introduced in the U.S. Congress that would double the number of immigrant worker visas available each year under the H-1B program.

The Innovation Employment Act, introduced by Representative Gabrielle Giffords, an Arizona Democrat, would increase the cap in H-1B visas from 65,000 a year to 130,000 a year. In addition, there would be no cap on H-1B applications for foreign graduate students attending U.S. colleges and studying science, technology and related fields. Currently, there's a 20,000-a-year cap on visas for graduate students in all fields.

The legislation would increase the H-1B cap to 180,000 in 2010 to 2015 if the 130,000 cap is reached the year before. Read more here

I will keep you posted on the situation with this Bill and with the madness at our office s we battle the H1B deadline.

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If you hold a green card and know in advance that you must be outside the United States for more than one year, it's worth applying to USCIS for a reentry permit. This lets you to stay away for up to two years. You should send in your application before leaving. Reentry permits cannot be renewed and can be applied for only inside the United States. If you want to stay away for more than two years, you must return briefly and apply for another reentry permit.

The USCIS has recently changed the system and procedure for processing reentry permits and refugee travel documents. These applications are made on Form I-131, Application for Travel Document. Under the new procedures, effective March 6, 2008, applicants for reentry permits and refugee travel documents must provide biometrics information before leaving the United States. This is done via an appointment at an Application Support Center, scheduled after the filing of Form I-131by USCIS. The new procedures do not pertain to the advance parole, as they only pertain to the reentry permit and refugee travel document.

The new procedures apply to individuals between the ages of 14 and 79 who are applying for reentry permits and refugee travel documents. They are advised to apply well in advance of their need to travel and, with limited exception, the fingerprinting and photographing must occur before departure. The USCIS indicates that the filing receipt and notice of appointment at the ASC are mailed to the applicant shortly after the I-131 is filed. There is an option for providing the USCIS with pre-paid express mailers, for transmitting the receipt and appointment notices as well as the reentry permit more quickly. However, this apparently requires a specific request for expedited processing and justification for that request. Such cases will be reviewed on a cases by cases basis.

We suggest all applicants for re entry permits to plan in advance as the appointment requirement will prevent a quick departure.

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Posted In: Immigrant Visas

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According to ICE and other government enforcement agencies, a recurrent issue encountered in worksite enforcement investigations today is the abuse of the Social Security card by individuals seeking to satisfy the work authorization requirements mandated by federal law. The Social Security card has long been a favorite of fraudulent document vendors.

The advisory issued by ICE is alerting employers to beware of a new trend in false documents presented by unauthorized foreign workers. ICE describes a commonly found 'three pack' that includes a false Social Security card, state driver's license or identity card, and a work authorization document (or EAD card). Typically, an unauthorized worker also assumes the identity of a foreign national who is authorized to work, using that individual's documents with a photograph fraudulently added.

Employers can no longer hide behind claims that they did not know of unauthorized workers, if it can be shown that the employer should have known about a violation. Employers should be aware of their responsibilities and rights under the law.

Read the advisory here Download file

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Under the most recent decision from BIA, an alien child who was adopted under the age of 18, and whose natural sibling was subsequently adopted by the same adoptive parent or parents while under the age of 16, may qualify as a “child” under INA section 101(b)(1)(E), even if the child’s adoption preceded that of the younger sibling. Matter of Anifowoshe, 24 I&N Dec. 442 (BIA 2008).

The Court agreed with the petitioner’s argument on appeal that there is no statutory or regulatory provision requiring that the beneficiary be adopted at the same time or after a natural sibling.

Read the ruling here Download file

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Posted In: International Adoptions

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How many times have I been getting complaints from clients about ICE (Immigration and Customs Enforcement) agents harassing and violating rights of clients. There was this one client "under investigation" by ICE agents pretending to be a couple looking for a lost dog, asking him questions, only later to use without context in denying his adjustment case. Or the 3AM visit to a clients home, breaking and destroying personal property.

The average person/immigrant is terrified dealing with these agents. But read about this incident, Immigration Attorney, had an encounter with ICE agents at his private home that has led to his filing a complaint with DHS. Fortunately, the lawyer knows his rights, of course he does. Read the link from the ImmigrationProf Blog Here

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Are you feeling the H1B rush already? Our offices is extending our working hours in order to make sure that all our H1 files will be submitted in a timely fashion. So as April 1, H-1b visa application deadline approaching, IT companies are urging the government to authorize an increased number of visas to meet demand.

In just a few short weeks, the U.S. government will begin to accept applications for H-1B visas for Fiscal Year 2009. As was the case last year, not only is the annual supply of H-1B visas virtually assured to be exhausted on the very first day applications are accepted, half of those applying will lose out in the visa lottery, denying U.S. employers access to tens of thousands of highly skilled and badly needed professionals who could contribute to economic growth and job creation in this country,” Robert Hoffman, chairman of Compete America

But who is actually getting most of the H1B visas, did you take a moment to think about it. BW provided an excellent article and stats on this question and it seems that Indian outsourcers top the list of companies bringing foreign workers to the U.S. on the H-1B program. Indian outsourcers accounted for nearly 80% of the visa petitions approved last year for the top 10 participants in the program.

Infosys Technologies (INFY) and Wipro (WIT), both based in Bangalore, top the list of visa beneficiaries in 2007, with 4,559 and 2,567 approved visa petitions, respectively, according to data from the U.S. Citizenship & Immigration Services. Each visa allows the companies to bring one worker to the U.S., where they have substantial operations providing tech support and other services to corporations, complementing services provided from India. Overall, six of the top 10 visa recipients in 2007 are based in India; two others among the top 10, Cognizant Technology Solutions (CTSH) and UST Global, are headquartered in the U.S. but have most of their operations in India.

Microsoft (MSFT) and Intel (INTC) are the only two traditional U.S. tech companies among the top 10. Microsoft received 959 visa petition approvals, or one fifth as many as Infosys, while Intel got 369. Read the entire Business Week article here

So if all this is true, we are left with %20 of the 65,000 visas to share between smaller companies located across the United States, that doesn't seem fair to me. In fact, there should be a revision to the regulations, limiting companies from bringing such large number of workers on the H1B visa. Infosys Tech brought almost 5000 workers on this visa, surley they could have used the L1 to bring legitimate workers? I guess that we shall see what will happen in the next 3 weeks before the April 1 deadline. Maybe the government will surprise us all with more visas, but most likely not.

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Posted In: Work Visas

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The U.S. consulate in London has posted a new comprehensive set of procedures for applying for E-1 and E-2 visas on its web site.

The UK produced the largest number of E2 investors in the past several years and we can see the results with huge backlog at the Embassy in London. The US Embassy in London has seen a dramatic increase in the number of applications for E-2 visas in the last decade. One cause of this increase has been the strength of the pound against the dollar; another has been the growth in value of UK real estate. Combined, these factors have resulted in large number of British investors with substantial capital who seek to invest in the United States. The US government welcomes such investment. However, it is important for investors to understand the purpose of the E-1 and E-2 visas so that they do not risk losing time and money in a lengthy visa process which may not result in an approval.

The Treaty Trader and Treaty Investor visas were established to facilitate and enhance economic interaction between the United States and other countries. They were not intended to serve as a means for foreigners to retire or merely reside in the United States. U.S. law (see paragraph 101(a)(15)(E) of the Immigration and Nationality Act) explicitly states that E-1 visa holders must enter "solely to carry on substantial trade" and E-2 holders "solely to develop and direct the operations of an enterprise" in which he or she has invested. Moreover, these visas are non-immigrant visas and thus temporary. Treaty trader/investor visas can be renewed or extended only if the investment or trade continues to meet all applicable requirements of U.S. immigration laws and regulations.

Read more about the new rules here

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The American Immigration Lawyers Association has provided us with the following information about when family-based adjustment applications under INA sec. 245 get placed in the interview queue, in light of the Feb. 4, 2008 memo from the Immigration Service regarding Name Check Delays: Assuming that an application is otherwise ready to be placed into the interview queue, and the only item remaining is the name check, then the application will be placed in the queue in time for the application to be ready to be scheduled for interview as of the 180th day.

If the application is not ready to be placed into the interview queue (for example, if the biometrics have not been taken), then the application will not be placed into the queue, even if the name check has been completed. USCIS reminds the public that the Field Offices schedule cases when they have available interview slots. The automated system by which Field Offices schedule interviews automatically schedules applications on a first-in, first-out basis (based on the date the filing was received at USCIS, which usually would be when received at the Lockbox), once the NBC identifies a case as interview ready.

I hope the new policy will streamline the process and will speed up the adjustment of status interview scheduling and adjudications.

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As some of you may know, immigrants who entered the country illegally without a visa or without inspection may not seek Green Cards (Permanent residency) from inside the United States. Even if they have a U.S. citizen spouse or parent to petition for them, it will be difficult unless the pending petition was filed before April 30,2001 (when the Section 245i law was still active). Instead, they must leave the United States to obtain an immigrant visa at a consulate abroad. But once they leave the country, they generally trigger a three-year or 10-year bar to re-entering the country.

This was the topic of my most recent radio interview, where I discussed the above referenced issue with two of my clients present in the studio with me. The wife, who was brought illegally to the the US at the age of 5, hoped to obtain permanent residence based on her marriage to a U.S. citizen, but has to return to her home country to apply for an immigrant visa because of her unlawful entry into the United States. We prepared the I-601 waiver application for her and established, among other factors, that her husband will suffer extreme hardship if his wife is not allowed to return. Her I-601 application will be reviewed in April and we will keep our readers and radio listeners posted.

Listen to the show here

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Posted In: San Diego Immigration Law

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