Visa Lawyer Blog

The former CEO of Agriprocessors Inc., was arrested by U.S. Immigration and Customs Enforcement (ICE) agents Thursday and charged with criminal violations of immigration law. The charges were announced by U.S. Attorney Matt M. Dummermuth, Northern District of Iowa.

The complaint alleges that the week before a May 12, 2008, ICE enforcement operation at
Agriprocessors in Postville, Rubashkin - then the CEO of Agriprocessors - loaned $4,500 in $100
bills to employees who were known to have bad identification documents. Agriprocessors
supervisors later allegedly distributed money to illegal alien employees so that they could
purchase new, fake lawful permanent resident cards ("green cards") under different names.

Read More Download file

Posted by Jacob Sapochnick | Permalink | Email This Post

Posted In: Updates

Bookmark:

A U.S. citizen held at a border immigration center for 15 days has been released after an American Civil Liberties Union lawyer showed a birth certificate to federal authorities. Guillermo Olivares Romero, who has robbery and forgery convictions and has been deported twice, was taken into custody at San Diego's Otay Mesa detention center on Sept. 25.

The 25-year-old Los Angeles man was released Oct. 9 when an ACLU attorney presented birth, school and vaccination records. Olivares told the Los Angeles Times immigration authorities don't believe him when he shows his birth certificate.

Read the story here....

Posted by Jacob Sapochnick | Permalink | Email This Post

Posted In: Updates

Bookmark:

Sarah Palin was very silent on the topic of immigration right up until her first interview with a Spanish-language network. Her views on immigration were kept confidential by her team for the past several weeks. Anchor Jorge Ramos sat down with the Republican vice presidential candidate to finally shed some light on Palin's views on immigration.

Here are a few key points from the interview:

The interview was aired on October 21, 2008 during the broadcast of "Aquí y Ahora" on Univision Network. The following excerpt was taken from that interview:

Governor, let me ask you about immigration. How many undocumented immigrants are there in Alaska?
I don't know, I don't know. That's a good question.

As governor, how do you deal with them? Do you think they all should be deported?
There is no way that in the US we would roundup every illegal immigrant -there are about 12 million of the illegal immigrants- not only economically is that just an impossibility but that's not a humane way anyway to deal with the issue that we face with illegal immigration.

Do you then favor an amnesty for the 12 or 13 million undocumented immigrants?
No, I do not. I do not. Not total amnesty. You know, people have got to follow the rules. They've got to follow the bar, and we have got to make sure that there is equal opportunity and those who are here legally should be first in line for services being provided and those opportunities that this great country provides.

To clarify, so you support a path to citizenship for undocumented immigrants?
I do because I understand why people would want to be in America. To seek the safety and prosperity, the opportunities, the health that is here. It is so important that yes, people follow the rules so that people can be treated equally and fairly in this country.

For the entire interview click here...

Posted by Jacob Sapochnick | Permalink | Email This Post

Posted In: News

Bookmark:

Department of Labor released very interesting statistics about PERM cases filed during 2008. Here are some highlights:

Approximately 49,205 cases were certified during the first quarter of FY 2008; 63% of foreign workers on H-lB visas. The top 5 states of intended employment for these permanent labor certifications were California (11,835), New York (5,049), New Jersey (4,503), Texas (3,816), and Florida (2,709);

Alien beneficiaries representing 179 different countries were certified for permanent employment in the u.s. The top 10 countries of citizenship of alien beneficiaries included India (16,569), Mexico (3,444), China (3,328), South Korea (3,119), Philippines (2,995), Canada (2,539), United Kingdom (913), Pakistan (887), Taiwan (821), and Ecuador (811); and

Top job titles certified for permanent employment included Computer Software Engineers (8,861), Computer Systems Analysts (3,173), Computer and Information System Managers (648), Restaurant Cooks (1,120), Electronics Engineers (1,047), Market Research Analysts (970), Computer Programmers (902), Financial Analysts (707), Mechanical Engineers (702), Chefs and Head Cooks (700), and Electrical Engineers (651).

Read More here Download file

Posted by Jacob Sapochnick | Permalink | Email This Post

Posted In: Updates

Bookmark:

Ruben Navarrette Jr., writing for the San Diego Union Tribune, published an excellent editorial about the declining support for McCain from the Hispanic voters.

McCain's following among Latinos is evaporating. A poll by Zogby International found that 21 percent of Latinos support McCain, compared with 70 percent for Democrat Barack Obama; the Pew Hispanic Center ranked it 23 percent McCain and 66 percent Obama.

Navarrette asked McCain what in the world is going on. He blamed part of it on “heavy negative advertising” by his opponent.

Read more here

Posted by Jacob Sapochnick | Permalink | Email This Post

Posted In: News

Bookmark:

According to Law.com Bianca Jagger and other foreign nationals who are in the United States on tourist visas (B2 Visas) cannot meet New York City's "primary residence" requirement entitling them to rent-stabilized apartments, the New York Court of Appeals ruled Thursday.

Jagger, a human rights activist and the first wife of Rolling Stones' frontman Mick Jagger, has been fighting ejection from her $4,600-a-month Manhattan apartment for more than three years.

Read the story here

Posted by Jacob Sapochnick | Permalink | Email This Post

Posted In: Updates

Bookmark:

The Wall Street Journal reports "New U.S. border-crossing cards can be copied and remotely disabled with off-the-shelf equipment, researchers said, the latest finding of security weaknesses in wireless technology.

Read the Story

Posted by Jacob Sapochnick | Permalink | Email This Post

Posted In: News

Bookmark:

The Department of Homeland Security just released an advance copy of the supplemental final rule on safe-harbor procedures for employers who receive an Social Security Administration No-Match letter.

The No Match Rule decribes the "constructive knowledge" that indicates an employee has provided a false SSN to his/her employer. It also outlines the process the DHS wants employers to use to respond to the SSA no-match letters.

While the new No Match Rule does not give the DHS access to the list of employers that received the no-match letters, the DHS will send general notices to employers telling them what their obligations are to follow immigration laws, and how they must be able to prove they are in compliance.

If an employer does not comply with the No Match Rule, the DHS can use that non-compliance as evidence that the employer had "constructive knowledge" of immigration problems, and the failure of employers to respond to no-match letters can be used as evidence in civil and criminal actions brought by DHS.

The October 2008 rule finalized a proposed rule released on March 21, 2008. The rule was challenged in court prior to it taking effect in September 2007.

Posted by Jacob Sapochnick | Permalink | Email This Post

Posted In: Updates

Bookmark:

According to a recent BusinessWeek article, A new U.S. government report confirms that companies are using the visas to hire illegally. I am shocked, really, I thought all employers are following the law and abiding by the visa rules.

U.S. Citizenship & Immigration Services (USCIS) found that 13% of the requests for H-1B visas were fraudulent and 7% contained technical violations. In one case, when a company requested a visa for a "business development analyst," USCIS found the person would be working in a laundromat, doing laundry and maintaining washing machines.

Bill Wright, a spokesman for USCIS, says the agency is already weighing adjustments based on the report's findings. It's developing a new risk-assessment program that, among other things, would closely examine requests from companies with 25 or fewer employees, since that category was found to have a higher rate of violations.

While it is true that many work visas are subject to abuse by a small group of employers, the majority of H1B participants abide by the rule. I do agree that we must increase the visa numbers and make this program more efficient as far as processing by the USCIS.

Read the article here

Posted by Jacob Sapochnick | Permalink | Email This Post

Posted In: Work Visas

Bookmark:

A recent White House news release on the inclusion of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, and South Korea in the Visa Waiver Program announces that in about a month citizens of these nations will be able to travel to the U.S. without a visa.

Soon even more countries will be considered to join, read the press release here Download file

Posted by Jacob Sapochnick | Permalink | Email This Post

Posted In: News

Bookmark:

The Visa Bulletin for November 2008 was published. This Visa Bulletin reflects slight forward movement in the employment-based (EB) cutoff dates.

The EB1 category is current for all countries of chargeability. EB2 category remains current for all countries, except for India and China. The cutoff dates for both India and China moved forward slightly. India's cutoff date moved forward by two months, to June 1, 2003. The cutoff dates moved forward by several months in all EB3 categories. The worldwide category (for all countries except those specifically listed) as well as the Philippines, in the EB3 has a cutoff date under the November Visa Bulletin of May 1, 2005. The cutoff date for Mexico moved to September 1, 2002. EB3 for China moved forward by four months, to February 1, 2002. EB3 for India moved forward by three months, to October 1, 2001.

Click here for the November Visa Bulletin

Posted by Jacob Sapochnick | Permalink | Email This Post

Posted In: Immigrant Visas

Bookmark:

So now it is official TN visas can issued for 3 years and not just 1 as before. So many applicants were calling in the past year asking when will the rule become law, well not it is official.

U.S. Citizenship and Immigration Services (USCIS) has increased the maximum period of time a Trade-NAFTA (TN) professional worker from Canada or Mexico may remain in the United States before seeking readmission or obtaining an extension of stay. This final rule changes the initial period of admission for TN workers from one to three years, making it equal to the initial period of admission given to H-1B professional workers. Eligible TN nonimmigrants may now be allowed to receive extensions of stay in increments of up to three years instead of the prior maximum period of stay of one year.

Read the press release here Download file

More on NAFTA visas here

Posted by Jacob Sapochnick | Permalink | Email This Post

Posted In: Work Visas

Bookmark:

Home loans held by illegal immigrants in California and across the nation generally have had fewer delinquencies than similar loans held by U.S. citizens, in part because of stricter lending requirements, according to banks, insurers and Realtors.

More than 12,000 home loans were issued in recent years through a special program that relies on government-issued taxpayer identification numbers instead of Social Security numbers, according to the association. The identification numbers, known as ITINs, were designed for foreign-born residents living legally in the U.S. but are widely acknowledged to be used primarily by illegal immigrants.

Many of the mortgages nationwide came out of a partnership between Citibank and Acorn Housing, a nonprofit group that helps the poor. Citibank said the taxpayer identification loans have some of the lowest delinquency rates among all affordable-lending programs.

Read more here...

Posted by Jacob Sapochnick | Permalink | Email This Post

Posted In: Updates

Bookmark:

Exciting news to report from our border crossing here in San Diego. Jose Canseco was held for nearly 10 hours by immigration authorities after agents said they stopped the former baseball star with a fertility drug as he returned from Mexico.

Canceco was detained at San Diego's San Ysidro border crossing Thursday after agents searched his vehicle and said they found human chorionic gonadotropin, which is illegal without a prescription. A spokeswoman for U.S. Immigration and Customs Enforcement, Virginia Kice, said Canseco was ordered to appear in federal court in San Diego "related to an alleged smuggling violation".

Read more here

Posted by Jacob Sapochnick | Permalink | Email This Post

Posted In: San Diego Immigration Law

Bookmark:

To ensure that the mailroom does not erroneously reject your non-subject H-1B, make sure the cover letter emphasizes in Bold, 14 point font, colors, etc., that the petition is NOT subject to the cap. Make clear why the petition is not subject to the cap, and state it as simply as possible. In addition, double check that the correct H-1B petition type is indicated on the certified LCA and all accompanying documentation (be consistent!).

Also, remember that when filing H-1B extensions for the same employer, the $500 fraud prevention fee does not need to be paid. Make sure to highlight this in your cover letter to avoid rejections. Provide proof of the prior H-1B petition approved on the beneficiary's behalf by the same petitioner, highlight the petitioner and beneficiaries' names, highlight the instructions to the form I-129, indicating that such fee is not required, and provide a statement (in bold) stating why the $500 fee does not apply. Taking such steps will definitely minimize the chances of such filing being rejected.

Posted by Jacob Sapochnick | Permalink | Email This Post

Posted In: Work Visas

Bookmark:

It seems that the prediction of more and more enforcement before the elections is true. Federal agents swept through a chicken processing plant today, detaining more than 300 suspected illegal immigrants, sending panicked workers running and screaming through the hallways. Worried relatives collected outside, fearful their loved ones would be deported.

It is a clear message sent by the government - if you are hiring illegals, we will raid you and make sure the rest of the world will know about it. Employers desperate for workers, will find it more and more difficult to hire legally. Those that will hire illegally will pay the price. It is time for our immigration system to change.

Read the full raid story here

Posted by Jacob Sapochnick | Permalink | Email This Post

Posted In: Deportation & Removal

Bookmark:

The death last year of Boubacar Bah, a Guinean tailor held in a New Jersey jail for overstaying his visa, showed immigration detention to be one of the most secretive corners of American life. But now Mr. Bah’s story is being retold in an unusually public way: in an online video game.

The game — created by Breakthrough, an international human rights organization in New York that is trying to get the public behind efforts to strengthen oversight, due process and medical help in immigration detention

Read More here

Posted by Jacob Sapochnick | Permalink | Email This Post

Posted In: Updates

Bookmark:

Due to limited resources the government is using private contractors to secure and run immigration jails. The abuse and terrible conditions in these jails is beyond unreasonable. Many detainees from California are being sent to Arizona and Washington state jails for lack of detention space. Federal authorities are taking a second look at security guards at the Northwest Detention Center, a privately run immigration lockup in Tacoma, after finding that some were hired without preliminary background checks, The Associated Press has learned.

"Clearly this is a cause for concern," said Virginia Kice, a spokeswoman for U.S. Immigration and Customs Enforcement.

Read more here

Posted by Jacob Sapochnick | Permalink | Email This Post

Posted In: Deportation & Removal

Bookmark:

As a lawyer focusing on hospitality immigration, I often educate my clients on immigration issues relating to this industry. The number one concern from most employers is how to hire much needed hospitality workers legally. The often feel that the government is ignoring their needs. I came across this interesting article about a restaurant owner from San Antonio not afraid to raise his voice.

Louis Barrios says that his biggest fear as an employer, a small businessman and an American is that Congress will continue to avoid dealing with immigration reform. Any society with an aging population like ours that doesn't have a steady stream of immigrant labor is in trouble, he said. By 2016, according to the U.S. Bureau of Labor Statistics, the number of workers between the ages of 16 and 24 will decline, while the number between 25 and 54 will rise only slightly.

That means the only significant growth in the American labor pool over the next eight years will be among those 55 and older. Unless Washington, D.C., expects 60-year-olds to pick crops, wash dishes in restaurants and pound nails in the construction industry, something has to give.

I wish more hospitality employers will become more pro active about immigration and will start calling on their representatives, supporting immigration reform.

Click for the article here

Posted by Jacob Sapochnick | Permalink | Email This Post

Posted In: News

Bookmark:

The process of International Adoptions has become more complex since the passage of Hague Intercountry Adoption regulations. USCIS released questions related to the new Hague intercountry
adoption process and the orphan adoption process since the implementation of the Hague Adoption Convention on April 1, 2008.

We link to the questions below.

Continue reading "International Adoptions Attorney - USCIS Releases Hague Intercountry Adoption FAQs" »