Visa Lawyer Blog

I wanted to wish a wonderful New Year wishes to all our readers and friends. May the coming year bring all the best to you all. See you next year.

Jacob

USCIS published a notice announcing the revision of its Direct Mail Program so that certain filings of Form N-400, Application for Naturalization, will now be filed at a designated lockbox facility instead of a USCIS Service Center.

During the first 30 days after this notice takes affect, USCIS will forward incorrectly addressed Form N-400s to the proper address, rather than reject it. USCIS will forward any improperly addressed Form N-400s covered by this notice as follows:

Any Form N-400 from non-Armed Forces applicants will be forwarded to either the Dallas or Phoenix lockbox facilities.

Any Form N-400 from Armed Forces applicants and the spouses of current members of the Armed Forces will be forwarded to the Nebraska Service Center.

Any applications forwarded within this time period will be considered properly filed when received at either the Dallas or Phoenix lockbox facilities, or the Nebraska Service Center. After this 30-day transition period, any Form N-400 covered by this notice, which is received at a location other than the appropriate location as defined in the updated Form N-400 filing instructions provided in this notice, will be returned with an explanation directing the applicant to mail it to the appropriate processing facility.

Read complete details and filing locations here Download file

Due to the economic downturn, I get many emails from current H1B visa holders that are interested in starting their own companies. They are either worried about loosing the current H1B job or are in the process of being laid off. It can be really difficult for start up and small companies to file for and get H-1B visas.

Last April many Immigration lawyers received very similar requests for evidence focusing on few very particular issues. USCIS were looking for small companies filing for H1B's or for job shop employers. Truly, if people are being hired outside the U.S. Normally USCIS will want you to prove the following:

1. Employer is capable of paying wages;
2. Employer has sufficient amount of work;
3. Employer is reliable company with proper staff, offices and equipment.
4. If providing consulting services, you are able to procure a letter from your end-client showing the terms of engagement including what the H-1B holder will do and who will supervise them - this request was consistent in all RFE's received in 2008.

Employers can win If they can:

- Demonstrate how they can pay wage - Obtain a line of Credit or a Business Loan.

I have advised people to try to get a line of credit from a bank. That works sort of like a credit card. Unless you use the money, you pay no interest on it. Contact any local bank for more details. It is difficult to put down exact numbers, but $200,000 line of credit is a good number. Please note, merely having money in the bank may not be sufficient. Also, those companies that are starting with a promised Venture Capital of more than $600,000 should be OK.

Office Lease and Pictures of the Office and Equipment

New compnaies working form home will always fail to obtain H1B visas. USCIS will see this as a too small of a business to become a growing employer. We always try to show that the company has a merit and is a real business.

Start up Companies taking over Green Cards

There is no law on this issue. The current thinking of USCIS appears to be that there is no problem in doing AC21and porting employees already in the process of the Green Card for a start up, as long as the job offered to the employee is similar to their labor cert job. In the past, USCIS had tried to question the start up on ability to pay wages. But Yates memo of May 2005 sealed that down stating that is not relevant.

Start up companies starting new green cards

This would be difficult because you have to demonstrate the ability to pay wages from the day you file the labor cert on to the time an employee actually receives the green card approval. This ability is usually shown through a profitable tax history. But if you are consistently paying an employee the wage he/she is supposed to be paid under the labor cert, you are in a good position to get your GC through.

Bottom line is that with careful planning, even small employers can succeed in filing for H1B visas and later proceed for Green Card filing. As long as the employees meet the minimum requirements for the H1B visa job, all the employer will need to do is demonstrate that his company actually could use that talent. Experienced immigration lawyers can help employers meet that standard. Start planning for the H1B season early this year.

The Department of Homeland Security (DHS) published a final rule on December 19, 2008 that will subject U.S. permanent residents ("green card" holders) to the US-VISIT (United States Visitor and Immigrant Status Indicator Technology) travel screening requirements. The program, which started January 5, 2004, requires the fingerprinting and photographing of most nonimmigrant foreign nationals applying for admission to the U.S. The final rule now extends the provisions to include U.S. permanent residents. This rule takes effect on January 18, 2009.

US-VISIT is aimed at verifying the identity of nonimmigrants seeking to enter the United States. As part of the program, digital finger scans are used to verify that the individual seeking to enter is the same person to whom the visa or other travel documents were issued. It is also used to check for new information (arising after visa or other document issuance) regarding involvement in terrorism or crime.

While there are advantages in expanding US-VISIT to include green card holders, including reducing the incidence of document fraud and potentially enhancing national security, the privacy interests of permanent residents will likely be eroded. An anomaly is also created by excluding certain classes of nonimmigrants from undergoing additional security measures upon entry to the U.S., while at the same time requiring that lawful permanent residents undergo the process of additional scrutiny. As mentioned in the comments to the rule, permanent residents have already undergone background checks and otherwise been scrutinized. Many permanent residents have resided in the U.S. for many years for suspicion - without incident or reason. However, they will now undergo the additional screening to reenter the U.S. after foreign travel.

Today is Christmas Eve, I wanted to wish all the best for those who celebrate. I wanted to reference an excellent article by Ali Noorani, Executive Director of the National Immigration Forum, a non-partisan, non-profit advocacy organization in Washington. His comments were featured today at the La Prensa San Diego Website.

Last week, Homeland Security Secretary Chertoff claimed credit for “reversing” illegal immigration, but the credit should more accurately fall to those in the Bush Administration who let the economy and our financial regulatory agencies collapse during the President’s tenure. As we have often said, the best way to slow immigration to the United States is to dry up all the pesky economic opportunity that has run rampant in this country for so long. The Bush Administration is well on its way to making sure there is no excess opportunity or economic security milling about. But we’re sure that President Bush, had he watched Secretary Chertoff’s press conference, would shout a hardy “Heck of a job, Cherty!”

True, massive investments in border barriers, increases in detention bed space, and a huge expansion in Homeland Security personnel have put more enforcement resources on display. However, to say that these resources have contributed significantly to a decrease in legal or illegal immigration – a phenomenon we have observed since the economy began slowing in 2001 – is like saying there is less rain because people buy umbrellas. Despite conspicuous and record-setting immigration raids, new strategies to streamline the deportation of immigrant workers with minimal judicial oversight, and continued bureaucratic barriers to legal immigration, the Chertoff claim to making significant progress in controlling legal or illegal immigration stretches the definition of causality.

Regardless of the Secretary’s claims and the hard work of our nation’s dedicated Homeland Security workforce, the Department has seen more than its share of controversy. In the past year, we have seen front page exposés on the Department’s failure to provide basic medical care to immigrants in detention, an unacceptable rate of immigrants dying in DHS custody, and, as reported in the Washington Post last week, a failure to process and swear-in new citizens hoping to vote in November’s election. These seem to be basic functions we would expect our government to execute.

But 2008 also saw an election where immigrant and Latino voters turned out to vote for change in record numbers. The tired politics of immigrant bashing once again failed to deliver for firebrand politicians. The New Year and the new Congress and Administration hold great promise for progress on immigration reform. Now it is up to people of conscience to hold our elected representatives accountable and demand immigration reform that benefits the American people, America’s economic and homeland security, and moves us towards a new era of recognizing that immigration is not a source of weakness for America, it is a sign of our strength

Read more...

The following information was reported to me and I wanted to share with you for your information. Beginning January 20, 2009, all non-immigrant visa applicants, regardless of visa class, with an appointment at the U.S. Consulate General in Ciudad Juarez, Mexico will be required to use the DS-160 electronic NIV application form available at https://ceac.state.gov/genniv. This form takes the place of the DS-156, DS-157, and DS-158 paper forms. (Note: E class investor applicants will need to fill out DS-156E in addition to DS-160. K class visa applicants will continue to use the DS-156 and DS-156K forms).

Applicants must fill out completely and accurately all questions presented in the online application process. Applicants who incorrectly fill out the form, leave information blank or attempt to use previous paper based forms will be denied, asked to resubmit their applications online again, and required to schedule a new appointment. Applicants need only print the Confirmation Page available after the form is complete and bring it with them to their interview.

Also, as a reminder, the U.S. Consulate in Ciudad Juarez now accepts legal inquiries exclusively through its online form at http://ciudadjuarez.usconsulate.gov/feedback-form.html. Inquiries sent through other means will face significant delays in processing. I expect that other posts around the world will start implementing the new form during 2009 as well.

Have you listed to the recent ads at the end of every show on NPR, brought to you by DHS. Sure sounds like a partnership between public radio and the goverment. NPR spokeswoman Anna Christopher says they are not endorsing E-verify, the new verification program for employers to verify the legal status of workers.

This isn't obvious to some listeners, who have criticized NPR for accepting funding to advertise the controversial program since the ads began running last month. NPR's Ombudsman Alicia Shepard said she received more than 60 letters in response to the spots - a considerable sum on a single topic - primarily in protest. Shepard wrote a column on the topic and hosted a live online forum to answer listener questions. Critics questioned the relationship between DHS and NPR and took particular issue with E-Verify.

Read more....

I am in the process of reviewing the proposed changes to the H2B Visa program. Upon initial review, there are good and bad news. Here is a brief summary of the Changes, stay tuned more to come.

U.S. Citizenship and Immigration Services (USCIS) announced that it has submitted to the Federal Register a Final Rule that will change the requirements affecting H-2B beneficiaries and their employers.

Key areas of changes covered in the Final Rule include:

•Allowing H-2B petitioners to specify only the number of positions sought and not name the individual aliens except where an intended alien beneficiary is already present in the United States; or where an alien is from a country not eligible for participation in the H-2B program;

•Reducing from six months to three months the time an H-2B worker who has spent three years in the United States must reside and be physically present outside the United States before he or she is eligible to re-obtain H-2B status;

•Reducing the period of time spent outside the United States that interrupts accrual towards the 3-year maximum period of stay in H-2B status;

•Prohibiting H-2B employers and recruiters from imposing certain fees on prospective H-2B workers as a condition of securing employment;

•Requiring an approved temporary labor certification in connection with all H-2B petitions;

•Beginning with petitions filed for workers for Fiscal Year 2010, prohibiting H-2B petitioners from requesting an employment start date on the Form I-129, “Petition for a Nonimmigrant Worker,” that is different than the date of need stated on the approved temporary labor certification;

•Amending the definition of “temporary services or labor” to allow U.S. employers and eligible foreign workers the maximum flexibility to complete projects that could be for a specific one-time need of up to 3 years without demonstrating extraordinary circumstances;

•Requiring employers to notify USCIS when H-2B workers fail to show up for work, complete the work more than 30 days early, are terminated, or abscond from the worksite;

Some of the proposed changes (amending the definition of temporary services or labor) may open up the H2B program to other industries, like Technology for example, allowing them to snap up visas from the seasonal labor pool. Let's hope the new administration will push for cap increase in the H2B visa program as well.

We have been reporting about the changes to the H2A Visa program in the past few weeks. One of the issues discussed is limiting the participation in the program to certain countries only.

Under the final rule, the Department of Homeland Security (DHS) will only approve petitions for H-2A nonimmigrant status for nationals of countries designated by means of the list or by means of the special procedure allowing petitioners to request approval for particular beneficiaries if the Secretary of Homeland Security determines that it is in the U.S. interest. Pursuant to the final rule, the notice designates those countries the Secretary of Homeland Security, with the concurrence of the Secretary of State, has found to be eligible to participate in the H-2A program.

According to the rule nationals from the following countries are eligible to participate in the H-2A visa program: Argentina; Australia; Belize; Brazil; Bulgaria; Canada; Chile; Costa Rica; Dominican Republic; El Salvador; Guatemala; Honduras; Indonesia; Israel; Jamaica; Japan; Mexico; Moldova; New Zealand; Peru; Philippines; Poland; Romania; South Africa; South Korea; Turkey; Ukraine; United Kingdom.

This notice does not affect the status of aliens who currently hold H-2A nonimmigrant status.

Immigration law is important and that is all that we cover most of the time. But our immigrant readers, may be facing other legal challenges from time to time. So we rely on our lawyer friends from across the country, to provide guest articles and reports. This week we are proud to feature Attorney Charles Ward's Family Law expertise. Charles is an experienced Family lawyer that often assists me with Family Immigration matters. I am grateful for his contribution to the Blog.

Although no one enters into a marriage expecting it to end, about 50 percent of all married couples in California eventually separate. With a prenup you can protect yourself in the event of a dissolution of marriage (divorce).

The prenuptial agreement is a legal device designed to remove some of the concerns and liabilities foisted upon a married couple. A properly crafted prenup can solve disagreements before they happen, whether involving personal business involvement, individually held real estate and property, credit hangups and debt, the disposition of finances, or any monetary arrangements left over from life before marriage. It's also a useful tool for post-marriage arrangements. Support payments, income arrangements and property rights can all be sorted out in advance, to the satisfaction of both parties.

The functional objectives of a prenuptial agreement can include the following:
• Limitations on spousal support (SS) in the event the marriage is eventually dissolved: do you want to support your spouse after a divorce?
• Generate and enable specific property rights, including limitations on the creation of community property (CP) during the marriage.
• Establish the preservation of separate property (SP) during the marriage, items which the individual owned beforehand: protect your home and interests.
• Define the values of specific items of separate property, such as stock market investments and cars.
• Render your income separate property.

A prenuptial agreement, also called an antenuptial agreement, or premarital agreement, commonly abbreviated to prenup or prenupt, is basically a contract entered into by two people prior to marriage or civil union. The content of a prenuptial agreement can vary widely, but commonly includes provisions for the division of property should the couple divorce and any rights to spousal support during or after the dissolution of marriage, and contain promises, representations, and disclosures regarding details of the couples finances. Couples can also enter into a post-marital agreement to cover the same concerns.

Very often, people who have substantial property or income will want to protect it from the high rate of divorce. However, prenuptial agreements are becoming more and more common among people from all walks of life, including young people starting off, seniors nearing retirement, and couples with immigration cases.
Our California Supreme Court stated it to be their policy that these agreements are to be enforced as promoting marriage in a world of marital uncertainty.

Under California Family Code Section 1600, The Uniform Premarital Agreement Act enables the legal functionality of a prenuptial agreement in the state of California. Recent California Supreme Court cases, such as Bonds v. Bonds and Pendleton v. Fireman, made clear the intent of the court to uphold these agreements and thereby promote marriage.

If you are interested or have any questions regarding a prenuptial agreement please feel free to give us a call or email me.

As the year comes to an end, we wanted to update our local readers about the upcoming Oath ceremonies for 2009. This may be useful to people that are in the process of applying for Citizenship and may need to plan ahead.

FINAL HEARING DATES FOR GOLDEN HALL FOR 2009

1/20/09 New Americans Museum N-600 ceremony for children 18 and under
1/28/09 Children’s Primary School, sponsor, Golden Hall
2/18/09 San Diego DAR
3/18/09 American Legion, Sponsor, Golden Hall
4/22/09 Golden Hall
5/20/09 Golden Hall
5/21/09 Memorial Day all-military ceremony aboard USS MIDWAY MUSEUM,
6/17/09 Golden Hall
7//02/09 Independence Day all-military ceremony at the Cabrillo National Monument
7/22/09 La Jolla DAR/CAR, sponsor, Golden Hall
8/19/09 Golden Hall
9/17/09 Citizenship Day/Constitution Week all-military ceremony at Camp Pendleton
9/23/09 Golden Hall
10/21/09 Golden Hall
11/10/09 Veterans Day all-military ceremony aboard the USS MIDWAY Museum,
11/18/09 Golden Hall
12/16/09 Golden Hall

2009 Chula Vista Final Hearing Schedule

All dates at 8:00 a.m., 9:00 a.m., 10:00 a.m. and 11:00 a.m. at Chula Vista Field Office

January 28
February 25
March 25
April 29
May 27
June 24
July 29
August 26
September 30
October 28
November 18
December 16

Continue reading "San Diego Immigration Lawyer reports information on the dates of the 2009 Oath Ceremonies " »

The U.S. Department of Homeland Security, Citizenship and Immigration Services ("CIS") announced that it has submitted to the Federal Register an Interim Final Rule that will streamline the Employment Eligibility Verification (Form I-9) process.

The Interim Final Rule narrows the list of acceptable identity documents and further specifies that expired documents are not considered acceptable forms of identification. An expansive document list makes it more difficult for employers to verify valid and acceptable forms and to single out false documents compromising the effectiveness and security of the Form I-9 process. The changes included in the Interim Final Rule will significantly improve the security of the employment eligibility verification process.

The Rule eliminates Forms I-688, I-688A, and I-688B (Temporary Resident Card and older versions of the Employment Authorization Card/Document) from List A. CIS no longer issues these cards, and those that were in circulation have expired. The Rule also adds to List A of the Form I-9 foreign passports containing specially-marked machine-readable visas and documentation for certain citizens of the Federated States of Micronesia ("FSM") and the Republic of the Marshall Islands ("RMI"). The Rule makes other, technical changes to update the list of acceptable documents. The revised Form I-9 includes additional changes, such as revisions to the employee attestation section, and the addition of the new U.S. Passport Card to List A.

We previously reported about the much needed changes to the H2A Visa Program announced last week. U.S. Citizenship and Immigration Services announced several reforms in the H-2A visa system, which allows farmers to hire foreigners for field work that Americans are unwilling to do.

Click here to download the Press release with the Changes Download file

According to the AZ Starnet, "For every farmworker, there are three to 3.5 jobs created in related industries such as chemicals, trucking, refrigeration, fertilizer, packaging . . . a lot of different operations," Tom Nassif, president and CEO of Western Growers, said last year. He said his agricultural trade organization represents 3,000 members who grow roughly half the produce in the United States.

"If you lose a good portion of those farm jobs, you could be talking about the loss of a million jobs or more in the United States."

H-2A visas are unlimited, meaning employers can bring in as many seasonal or temporary workers as they need. The government's H-2A changes should also help make the immigrant work force more mobile by making it easier for more immigrants to come and go as they please. Let us see what employers and Farming groups will do with these changes and whether it will streamline this very complex process.

U.S. Border Patrol announced that they discovered an incomplete tunnel that originates in Tijuana, Mexico and stretches about 10 feet into San Diego. Several Taxi Drivers that cross in the area reported suspicious activity in that area.

Border Patrol spokesman Julius Alatorre says an agency contractor discovered the tunnel when a driver crushed into a soft spot in the pavement. A hammer and chisel — believed to be abandoned long ago — were found inside. Dozens of secret tunnels have been found along the U.S.-Mexico in recent years, many of them incomplete. Sources confirm they are designed to smuggle drugs or people.

Read the article here...

The nursing shortage in the United States is becoming increasingly problematic and may adversely affect the health care industry. According to a U.S. Department of Health and Human Services (HHS) 2007 study, the United States will require 1.2 million new Registered Nurses (RNs) by 2014 to meet the nursing demand: approximately 500,000 RNs to replace nurses leaving the field, and “an additional 700,000 to meet growing demand for nursing services.”

In meetings with nursing organizations and stakeholders, the Citizenship and Immigration Services (CIS) Ombudsman heard concerns about the time it takes for a foreign nurse to be admitted to the United States to work. We link t a recent USCIS memo that addresses some of the current problems with Nurse Immigration and possible solutions for the new future.

The linked report, while specifically providing recommendations for improving the processing of Schedule A nurse cases, should also be required reading for all persons active in the field of recruiting foreign nurses to the United States.

The report provides an excellent history of the issues and discusses the effect of the nurse shortage in the United States. It explains the limited nonimmigrant visa options available to nurses (TN, H-1B and H-1C). Specifically, the report provides statistics of how few H-1B nurse cases have been approved recently (38 cases in 2006, 66 cases in 2007 and only 136 in 2008). In addition, the report discusses the immigrant visa process for nurses through Schedule A and the two main problems with that process, i.e., the delays at USCIS in processing the I-140 visa petition and the immigrant visa quota delays. Please note that the report references the fact that one of the Service Centers charged with adjudicating Schedule A casework is some 4 months behind what the Processing Report presently indicates.

The Ombudsman concludes the report with the following recommendations:

* That USCIS separate and prioritize Schedule A green card nurse applications so that they can be expedited upon immigrant visa availability.
* That USCIS centralize Schedule A nurse applications at one designated USCIS service center to facilitate more efficient and consistent processing of Schedule A applications.
* That USCIS regularly communicate with DOL and develop points of contact at DOL to discuss concerns and direct inquiries regarding the processing of nurse applications.

In conclusion, while the report makes recommendations to improve the processing of the I-140 Schedule A petitions at the USCIS, legislative action is still needed to increase the number of immigrant visas available each year for nurses.

Read the Memo here Download file

A December 11, 2008 USCIS Update announces that the agency has finalized changes to H-2A regulations. This final rule will facilitate the H-2A process for employers by removing certain limitations.

U.S. employers may file an H-2A petition with USCIS if they have a shortage of available U.S. workers to fill temporary or seasonal agricultural jobs. Once the petition is approved, the employers can hire foreign workers to fill those jobs for a limited period of time. There is no cap limitation on H2A visas unlike the sister program H2B.

Key areas of reform addressed in the final rule include:

• Relaxing the current limitations on H-2A employers to petition for multiple, unnamed agricultural workers;
• Extending from 10 days to 30 days the time a temporary or seasonal agricultural worker may
remain in the country following the expiration of his or her temporary H-2A stay;
• Reducing from six months to three months the time an H-2A worker who has spent three years in the United States must reside and be physically present outside the United States before he or she is eligible to re-obtain H-2A status;
• Allowing H-2A workers, who are changing from one H-2A employer to another H-2A employer,
to begin work with the new petitioning employer upon the filing of a new H-2A petition,
provided the new employer is participating in USCIS’ E-Verify program;
• Prohibiting H-2A employers and recruiters from imposing certain fees on prospective H-2A
workers as a condition of employment;
• Requiring an approved temporary labor certification in connection with all H-2A petitions;
• Requiring employers to notify USCIS when H-2A workers fail to show up for work, complete the work more than 30 days early, are terminated, or abscond from the worksite; and
• Permitting the approval of H-2A petitions only for nationals of certain countries designated as
important to the operation of the program and appearing on a list to be published annually in the
Federal Register. The initial list of participating countries to be published simultaneously with
this Final Rule includes Mexico, Jamaica, and 26 others. DHS may allow on a case-by-case basis a worker from a country not on the list to be eligible for the H-2A program if such participation is in the U.S. interest.

This rule will also establish a land-border exit system pilot program requiring H-2A workers admitted through a port of entry participating in the pilot program to also depart through a participating port and to present designated biographic and/or biometric information upon departure.

In my opinion, some of the changes are very positive, while other issues remain to tested. We all agree that reform for the H2A system is needed and the proposed rules may not be sufficient at this time.

According to the SF Chronicle with unemployment rising, foreign workers are less welcome, say immigration restrictionists, who have vowed to oppose offering legal status to the nation's estimated 12 million undocumented immigrants.

Until a comprehensive bill is introduced in Congress, Obama's pick to head the Department of Homeland Security, Arizona Gov. Janet Napolitano, will play a key role in refocusing the way the government handles immigration.

Problems in the legal immigration system have festered for years. The agency granting permanent legal residence (the green card is the token) and citizenship has long been plagued by epic backlogs and dysfunctional computer networks. Major policy debates over appropriate levels of immigration and whether to prioritize family ties or economic contributions - and high- or low-skilled workers - remain unresolved after "comprehensive" immigration bills died in Congress in 2006 and 2007.

Obama supports allowing illegal immigrants to earn legal status, continuing tough border enforcement and establishing an electronic worker eligibility verification system. He has been largely silent, though, on whether to admit temporary foreign workers. Obama's advisers and congressional leaders are instead talking about a bill that would include a strong, mandatory verification system to ensure employers are hiring legal workers, combined with a measure to grant legal status to undocumented immigrants and require them to register and pay taxes.

Those that are tough on immigration, proposing even greater scrutiny of employers hiring illegal workers, hope that tougher law will make the illegals leave. That will never happen. Instead we must find a system to legalize those that are already here. We must also create a system to encourage the best and the brightest form other countries to come to the US and help our economy prosper. Tis can only happen with more H1B and other visas numbers increase.

Read more

Defense Secretary Robert Gates has authorized the Army, Navy, Air Force and Marine Corps to recruit certain legal residents whose critical medical and language skills are "vital to the national interest," officials said, using for the first time a law passed three years ago.

Gates' action enables the services to start a one-year pilot program to find up to 1,000 foreigners who have lived in the states legally for at least two years. The new recruits into the armed forces would get accelerated treatment in the process toward becoming U.S. citizens in return for military service in the United States or abroad.

This program could benefit large number of foreign born medical professionals, like Nurses, PT's and dermatologists currently in the US waiting in line to become residents and Citizens. The government expects that among those who will be interested in the new effort are doctors with work visas who are employed at hospitals around the country.

Read more...

In November, the U.S. economy shed jobs at the fastest rate in 34 years - and experts say December could be even worse. The number of jobs lost in the current recession, which began in December 2007, surpasses the 1.6 million jobs lost in the 2001 recession.

As a result, job losses were spread across a wide variety of industries: manufacturing, leisure and hospitality, construction and even, in the midst of the holiday shopping season, retail. Also seeing sharp declines were professional and business services, a category seen by some economists as a proxy for overall economic activity, and financial services, at the heart of the current crisis.

In November the number of people with a higher degree who were out of work rose to 1.413 million from 1.411 million in the previous month, according to the Bureau of Labor Statistics.

Many of the workers losing their jobs are visa workers. Employees sponsored by companies for visas like H1B's, J1's and H2B's. Once a visa worker looses his job, he must depart the country or find an alternative employer as soon as possible. The longer such an employee stays unemployed, the harder it will be to get the visa transfered.

Industries like software development, research and bio-tech depend on skilled foreign workers to keep innovation going. Unfortunately, at times of economic crisis, when layoffs start, visa workers tend to go first.

We have decided to do our share and help America's Money Crisis by offering free legal support to transitioning H1B visas workers where time is of the essence.

So if you are on a visa and just lost your job, tell us about it. We want to hear your story. And if you need help, click here for a FREE legal support consultation.

We will post the most interesting stories on CNN ireport Have you lost your job? page

The Name Check that are holding thousands of Citizenship and regular adjustment cases, are of major concern to many of our Blog readers and clients. Clients call me almost every day asking why there is no N400 interview scheduled, why after passing the interview they are still pending for months and months. I often tell them that the security clearance issue must be looked at on a case by case basis.

Earlier this year USCIS announced that by December, 2008, the FBI will process all name checks that have been pending more than one year. This is true in many cases, yet there are still numerous files that are pending.

By February, 2009, the FBI will process all name checks that have been pending more than 180 days. Finally, by June, 2009, the FBI plans on processing 98% of all name checks within 30 days and the remaining 2% in 90 days. This could be great news, but I doubt they will reach this goal.

N-400 name check applications must be completed before the N-400 can be approved. Therefore, any viable plan to reduce the current name check times is welcome news, the problem is that applicants rely on such news and when in practice USCIS can't deliver, the quickly will loose the public's trust.

We will keep monitoring the situation and assist our clients as best we can, either with follow up, or litigation if necessary.

For employers that rely on the H2B Visa to staff workers, 2009 may be the worst year ever. On December 3, 2008, USCIS updated the count of H-2B petitions received and counted towards the H-2B cap on the USCIS website. As of December 1, 2008, 12,371 petitions have been counted towards the 33,000 cap for the second half of FY 2009.

This means that by early January the 33,000 visas reserved for the second part of year will be gone. Employers like Hotels, Constructions Companies, retail season businesses will be affected the most. We urge the government to pass legislation to increase the H2B cap allowing employers to recruit seasonal workers when needed.

The H2B visa is available to employers of foreign workers not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:

Recurring seasonal need;
Intermittent need;
Peak-load need; and
One time occurrence.

The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers.

As the H1B season is coming up, I wanted to cover another category of this visa based on the Free Trade agreements with Singapore and Chile.

Although Chilean and Singaporan nationals still have available to them the B and L visa categories, the new H-1B1 category is available to "professionals" from these countries under the new FTAs. For purposes of the two trade agreements, a "professional" is defined as "a national of [Chile or Singapore] who is engaged in a specialty occupation requiring (a) theoretical and practical application of a body of specialized knowledge; and (b) attainment of a post-secondary degree in the specialty requiring four or more years of study (or the equivalent of such a degree) as a minimum for entry into the occupation."

In addition, the H-1B1 nonimmigrant classification is available to certain otherwise admissible businesspersons who do not possess a post-secondary degree or its equivalent, but who will engage in the professions of: (1) in the case of Chilean nationals only, Agricultural Managers and Physical Therapists; and (2) in the case of both Chilean and Singaporan nationals--Disaster Relief Claims Adjusters.

Further, in the case of nationals of both countries, certain management consultants who hold a degree in other than their specialty area will be able to seek admission in H-1B1 classification by presenting alternative documentation reflecting experience in the specialty area.

Continue reading "H1B1 Visa - Free Trade Agreements with Singapore and Chile" »

It seems that in the near future Airline staff will function as semi immigration officers, examining travelers' visas even before arrival to the US. U.S. Customs and Border Protection announced that 15,000 airline personnel have now been trained through its Carrier Liaison Program, with 5,665 carrier personnel trained in fiscal year 2008 alone.

CBP has developed a training program specifically for the air carriers which includes a detailed workbook and sample travel document which allows participants to examine dozens of common security features. Benefits include reduced numbers of improperly documented individuals boarding aircraft destined for the U.S., as well as assisting carriers to reduce costs and penalties associated with boarding impostors or improperly documented passengers.

I am curious to see what they will do when a visa fraud case is detected, will they be forced to report CBP and thus create a negative record for the individual. We will keep monitoring this process and report further.

Read the press release here

If you were planning to apply for the Green Card Lottery, but have not taken the time to do so, you had better move fast real fast. The DV-2010 lottery application period expires at noon, Eastern Standard Time, December 1st, that is actually today. You can still apply online without having to pay an attorney by clicking here

The DV-2010 program apportions visa issuance among six geographic regions (Africa, Asia, Europe, North America (other than Mexico ), Oceania, and South America (including Mexico , Central America and the Caribbean ). The world is divided up into high and low admission regions and each of the six regions is divided into high and low admission states. A greater portion of the visas goes to the low admission regions than to high admissions regions. High admission states are entirely excluded from the lottery (those states are listed above)
and low admission states compete equally with other low admission states in the same region. No single state may receive more than 7% (3,500) of the 50,000 allotted visas.

The law and regulations require that every diversity visa entrant must have at least a high school education or its equivalent or have, within the past five years, two years of work experience in an occupation requiring at least two years' training or experience.