Visa Lawyer Blog

A brief note to thank the brave men and women of the Armed Forces, and remember those who have lost their lives defending liberty. Have a safe and happy Memorial Day!...

On 5/27/10, the Senate voted on four enforcement-only immigration amendments during debate on the Supplemental Appropriations Act of 2010 (H.R. 4899).

The following amendments, which needed at least 60 votes to pass, were all rejected:

* Amendment 4214: Introduced by Senator McCain (R-AZ), would have added 6,000 more National Guard agents to the southern border. The amendment failed to pass 51-46.
* Amendment 4228: Introduced by Senator Kyl (R-AZ), would have fully funded Operation Streamline at the southern border. The amendment failed to pass 54-44.
* Amendment 4202: Introduced by Senator Cornyn (R-TX), would have added enforcement personnel, and 3,300 new detention beds at the southern border. The amendment failed to pass 54-43.
* Amendment 4177: Introduced by Senator DeMint (R-SC), would have required the completion, within a year, of 700-miles of double-layered fencing along the southern border. The amendment failed to pass 45-52.

Here is the latest on the H1B visa numbers. May 21, 2010 H-2B Cap Count

As of 05/21/10, USCIS receipted 26,422 H-2B petitions, towards the 47,000 beneficiaries target for the second half of the fiscal year.* This count includes 25,178 approved and 1,244 pending petitions.

With all the hype, hysteria and hot air generated around the H1-B visa program issue during the past several years, one fundamental truism remains: the current annual level of H-1B visas being utilized in the United States is about the same level as in 1990.

This is pretty amazing when one considers two facts: 1) the U.S. GDP has risen by 64 percent during the past 19 years (from from $8.5 trillion to $14 trillion) and 2) and during the same time frame, the U.S. technology industry - by far the largest group to take advantage of H1-B visas and arguably its largest beneficiary grown by a considerably larger margin on an annual percentage basis.

Our government is making it increasingly difficult for U.S. companies to hire the "best and brightest." The irony here is that we have never had a greater sense of urgency when it comes to fostering new thinking and technology development in the areas of biotech, clean tech, healthcare, and IT and in driving innovation across all geographies.

Client: Jacob Sapochnick Immigration Law (Centurion5 Ad Agency) from Centurion5 Agency on Vimeo.

Law Offices of Jacob J. Sapochnick from Centurion5 Agency on Vimeo.

As the H1B season still in full force, we would like to share this great tip from AILA. This post discuss where to file H-1B extensions for beneficiaries working for petitioners, which are not cap exempt, but who are "employed at" cap exempt facilities.

The VSC (Vermont Service Center) refers to the September 10, 2009, USCIS Guidance regarding the direct filing address for I-129 petitions, noting that H-1B employers filing petitions which are cap exempt must file such petitions exclusively with the California Service Center.

VSC notes that in this instance, the term "cap exempt" refers only to those petitioners who are exempt from the numerical limitations identified in 8 CFR 214.2 (h)(8)(i)(A). "Cap exempt" petitioners are those described in 8 CFR 214.2(h)(19)(iii), and include:

* Institutions of higher education as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
* Nonprofit organizations or entities connected or associated with institutions of higher education, as described in 8 CFR 214.2(h)(19)(iii)(B);
* Nonprofit research organizations or governmental research organizations as defined in 8 CFR 214.2(h)(19)(iii)(C); and
* Petitioners who otherwise would not be "cap exempt," but will be employing the beneficiary to perform job duties at a qualifying cap exempt institution, provided that the beneficiary's duties will directly or predominantly further the normal, primary, or essential purpose, mission, objectives or function of the qualifying cap exempt institution.

All petitions for individuals "employed at" cap exempt facilities will be rejected by the VSC, even if the beneficiary is working for a petitioner which is not cap exempt. So this is a major point to keep in mind.

Take a look at this second grader who asked First Lady Michelle Obama whether the President was going to “take away” people who didn’t have “papers”. Apparently, the child’s mother had expressed some fear in the privacy of their home.

Michelle Obama, who is also the nation’s “First Mom” handled the question beautifully, assuring the little girl that the broken immigration law was a problem Congress would “have to fix”. How do you think the first lady handled this question?

Further to the Department's proposed rule to amend the Schedule of Fees for Consular Services (Schedule) for nonimmigrant visa and border crossing card application processing fees, this rule raises from $131 to $140 the fee charged for the processing of an application for most non-petition-based nonimmigrant visas (Machine-Readable Visas or MRVs) and adult Border Crossing Cards (BCCs).

The rule also provides new tiers of the application fee for certain categories of petition- based nonimmigrant visas and treaty trader and investor visas (all of which are also MRVs).

Finally, the rule increases the $13 BCC fee charged to Mexican citizen minors who apply in Mexico, and whose parent or guardian already has a BCC or is applying for one, by raising that fee to $14 by virtue of a congressionally mandated surcharge that went into effect in 2009.

Why the fee hike? The Department of State is adjusting the fees to ensure that sufficient resources are available to meet the costs of providing consular services in light of an independent cost of service study's findings that the U.S. Government is not fully covering its costs for the processing of these visas under the current cost structure.

More on the above referenced in this Blog and in the upcoming newsletter.

As of May 14, 2010, approximately 19,000 H-1B cap-subject petitions were received. Additionally, USCIS has received 8,100 H-1B petitions for aliens with advanced degrees.

What organizations are cap exempt for example?

Nonprofit Organizations "Affiliated" with Institutions of Higher Education Are Cap Exempt

Nonprofit organizations affiliated with institutions of higher education are H-1B cap exempt. INA § 214(g)(5) provides:

The numerical limitations contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b) who is employed (or has received an offer of employment) at

(A) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), or a related or affiliated nonprofit entity.

What Are "Affiliated" or "Related" Nonprofit Organizations?

What does "affiliated" with or "related" to an institution of higher education mean? Though not addressed in the statute, the regulations do provide some guidance for "affiliation" and "related" in the rules for H-1B fee exemption. For fee purposes, 8 CFR § 214.2(h)(19)(iii)(B), provides some guidance for defining an affiliated or related nonprofit entity:

A nonprofit entity (including but not limited to hospitals and medical or research institutions) that is connected or associated with an institution of higher education, through shared ownership or control by the same board or federation operated by an institution of higher education, or attached to an institution of higher education as a member, branch, cooperate, or subsidiary.

The student regulations offer some guidance on what "affiliated" means. On-campus employment, we are told at 8 CFR § 214.2(f)(9)(i), includes off-campus locations "educationally affiliated with the school." In that case, the educational affiliation must be associated with school's "established curriculum," or related to contractually funded research projects at the post graduate level.

most primary and secondary schools are training grounds for Student Teachers, that is, university or college students who earn academic credit for the time that they spend at primary and secondary school locations teaching students.

We have also found that the universities and colleges who are sending these students to host primary and secondary schools have formal affiliation agreements or contracts with those schools or with the school district. Those agreements spell out who will "rate" the student teacher's performance, the number of university credits involved, responsibilities for supervision, liability provisions, terms for insurance to be purchased by the college or university to cover the student teacher, background clearances, and so forth. We believe that these agreements support a claim to "affiliation" with the institution of higher education.

Thus, in our view, many nonprofit primary and secondary schools are in fact affiliated with institutions of higher education, and therefore, employees of those schools are exempt from the H-1B cap. This includes not just teachers, but all professional staff members, including administrative and financial personnel, school psychologists, and guidance counselors.

This post is based on the article AC21 and the H-1B Cap, by Naomi Schorr and Nathan A. Waxman.

Today, the ACLU, the Mexican-American Legal Defense and Education Fund, the National Immigration Law Center, the National Association for the Advancement of Colored People, ACLU of Arizona, National Day Laborer Organizing Network and the Asian Pacific American Legal Center (a member of the Asian American Center for Advancing Justice) filed a federal lawsuit against the state's sheriffs and county attorneys, asking the court to find S.B. 1070 unconstitutional. It violates the 14th Amendment's guarantee of equal protection under the law because it unlawfully invites the racial profiling of Latinos and other people who look or sound "foreign-born."

It also violates the Supremacy Clause of the Constitution by interfering with the federal government's authority to regulate and enforce immigration. Our lawsuit is on behalf of a diverse coalition of Arizona residents and organizations including the Service Employees International Union (SEIU), the Southside Presbyterian Church, the Asian Chamber of Commerce of Arizona, and the Muslim American Society.

Read the complete posting from the ACLU website here...

Last week we became members of Global Alliance of Hospitality Attorneys , this will allow us to serve our clients even better and offer solution to the ever changing global workforce that the hospitality industry is facing.

Whether transferring employees between international properties or employing management trainees, immigration is an integral part of the hospitality industry. The top seven visa types utilized by the hospitality industry are the J-1, H-3,H2B, L-1,E2, TN and H-1B. The following is a brief outline of each of these visa types:

E2 Visa

This is also known as the nonimmigrant investor visa. It is a temporary category that is granted in two-year to five year increments with no limits on the number of extensions. In comparison, the H-2B is limited to 10 months with 3 extensions. The E-2 category is available to citizens of countries that have a treaty of trade or commerce with the U.S. such as the Holland, France and the UK The State Department does not require any specific size investment. Rather it says the business owner must invest a "substantial amount of capital" that generates "more than enough income to provide a minimal living for the treaty investor and his or her family.".

An E-2 allows European nationals to manage investments that are at least 50% Euro owned. The visa requires that the U.S. investment be substantial and generates a substantial income. While there are no hard and fast figures on what the minimum investment amount is, the USCIS generally require a business investment of $150,000 or more, but the investment amount depends on the nature of the business. For example, opening up a restaurant in downtown San Diego would require 500,000 dollars while opening up a Catering business firm may only require start up costs of $70,000. This is why there is no fixed figure on a minimum investment amount.

The E-2 investor must show that its return on investment is more than what is necessary to merely support the investor in the U.S. Another example illustrates how this works. An E-2 investor wishes to establish a French Bakery and will invest $35,000 to buy the equipment. He expects the Bakery to generate $60,000 in gross sales. This business would probably not qualify because the gross income generated would not be substantial. The Bakery would only generate enough money to support the investor.

H2B Visa

Temporary nonimmigrant classifications that allow noncitizens to come to the United States to perform temporary or seasonal work that is nonagricultural (such as hospitality or resort work) if persons capable of performing such a service or labor cannot be found in this country. Up to 66,000 new visas are available each year in this category. The number has been reached increasingly earlier every year. In Fiscal Year 2007, the first half of the cap was reached 3 days before the year began and the second half was met 4 months before the period began. From March of 2005 through September of 2007, returning workers were exempt from counting toward that cap due to the lack of temporary workers. Congress is considering renewing this popular policy.

Employer's need must be temporary: Visas are only authorized if the employer can demonstrate a "temporary" need, that is, less than one year, and that the need is either a "one-time occurrence," a "seasonal need," a "peakload need" or an "intermittent need." The employer cannot use this category for permanent and long-term labor needs.

Employee's intent must be temporary: The nonimmigrant worker must intend to return to his or her country upon expiration of his or her authorized stay. The worker may be required to prove ties to his or her home country.

J1 Visa

For seasonal/temporary employment, there is the J-1 Summer Work/Travel Program, which allows foreign college or university students to work in the U.S. during their summer vacation.

This type of J-1 classification is valid for four months and allows the students to assist
companies in meeting current labor demands. In addition, the biggest benefit to this type of J-1 classification is that the foreign students can do any type of work for the company. It is not necessary for the work to be related to the student’s degree.

The Management Trainee J-1 visa classification is another viable option and is valid for twelve to eighteen months and considered relatively easy to obtain. The potential trainees must possess a post-secondary degree or professional certificate and one year of work experience in their occupational field from outside the U.S. Five years of work experience in their occupational field can also be used in place of the post-secondary degree or professional certificate.

H3 Visa

The H3 has become a popular option for many of our Hotel clients and we use it for certain trainees that need advanced training that is NOT available in their home countries.

An application for an H-3 visa requires the prior filing with a BCIS service center of a petition by the foreign national’s prospective trainer on Form I-129 with an H Supplement, a training program including the names of the prospective trainees, and the proper filing fee. The petition may be filed for multiple trainees so long as they will be receiving the same training for the same period of time at the same location. Additionally, the petition must indicate the source of any remuneration received by the trainee and any benefits that will accrue to the petitioning organization for providing the training. The trainee must demonstrate nonimmigrant intent by having an unabandoned residence in a foreign country. There are no numerical limits on the number of H-3 petitions issued each year. H-3 visas are not based on college education.

Upon approval of the petition, an I-797 Notice of Action of approval is issued by the service center. The foreign national submits the I-797 approval notice to an American consulate abroad with Form DS-156 and, if necessary, the DS-157 and other forms required by the consulate to obtain an H-3 visa stamp. A foreign national in the United States may apply for change of status to H-3.

TN Visa

NAFTA is the North American Free Trade Agreement. It creates special economic and trade relationships for the United States, Canada and Mexico. The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional.

The Conditions for Professionals from Mexico and Canada to Work in the United States

* Applicant should be a citizen of Canada or Mexico;
* Profession must be on the NAFTA list; - Hotel Manager is a NAFTA category
* Position in the U.S. requires a NAFTA professional;
* Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted;
* Professional Canadian or Mexican citizen has the qualifications of the profession

Requirements for Canadian Citizens

Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. However, a Canadian residing in another country with a non-Canadian spouse and children would need a visa to enable the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder.

L1 Visa

L-1 category is meant for aliens coming to the United States on temporary assignment for the same or an affiliated employer for which the alien worked abroad for at least one year within the proceeding three years. Many large hotel chanins have takes advantage of this visa to bring top executives to the US locations or workers with specialized skills. The alien must be employed in a managerial or executive capacity (L-1A) or one involving specialized knowledge (L-1B). There is no annual limit on the number issued.

The family members of L-1 alien can come to the U.S. under L-2 category. However, they cannot engage in employment in the United States unless they change the status to a nonimmigrant category for which employment is allowed.

Requirements

A U.S. employer or foreign employer (must have a legal business in the U.S.) seeking to transfer a qualifying employee of the same organization must file petition with USCIS.

H1B visa

Aliens coming to the United States to perform services in a specialty occupation or as a fashion model of distinguished merit and ability are classified under H-1B category.

A maximum of 65,000 H-1B visas are issued every year. The H-1B visa is issued for up to three years but may be extended for another three years. Individuals cannot apply for an H-1B visa to allow them to work in the US. The employer must petition for entry of the employee.

Specialty occupation is defined as an occupation, which requires:

* Theoretical and practical application of a body of highly specialized knowledge, and
* Attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry

A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.

We have processed H1B visas for Front Desk managers, food service managers, Chefs, Public Relations specialists, and Lodging Managers as well as other specialized positions.

The above referenced visas will allow Hotels, Resorts and Restaurants to hire any type of workers needed to support their operations in the US. Hotels often face shortage in skilled labor, a careful usage of the above 7 visas will ensure constant flow of workers. Through our membership in the Global Alliance of Hospitality Attorneys, we will continue to offer our clients superior service.

U.S. Citizenship and Immigration Services (USCIS) announced that it has redesigned the Permanent Resident Card—commonly known as the “Green Card”—to incorporate several
major new security features. State-of-the-art technology prevents counterfeiting, obstructs
tampering, and facilitates quick and accurate authentication of the card. Beginning today,
USCIS will issue all Green Cards in the new, more secure format.

I-9 Administrators should become familiar with the new green card, as it is on the List A of Acceptable documents for Form I-9 purposes. M-274, the I-9 Handbook, does not yet have a sample of the new green card.

Read the press release and see sample card here

As of May 11, 2010, approximately 18,000 H-1B cap-subject petitions were filed. Additionally, USCIS has received 7,600 H-1B petitions for aliens with advanced degrees. Still fewer visas than expected, sign of the times. We expect filings to pick after the May graduations and into the summer.

So what is this H1B Cap all about?

The current law limits to 65,000 the number of aliens who may be issued a visa or otherwise provided H-1B status each fiscal year (FY). The numerical limitation was temporarily raised to 195,000 in FY2001, FY2002 and FY2003. In addition, excluded from the ceiling are all H-1B non-immigrants who work at (but not necessarily for) universities and non-profit research facilities. This means that contractors working at, but not directly employed by the institution may be exempt from the cap. Free Trade Agreements allow a carve out from the numerical limit of 1,400 for Chilean nationals and 5,400 for Singapore nationals. Laws also exempt up to 20,000 foreign nationals holding a master’s or higher degree from U.S. universities from the cap on H-1B visas.

Under AC21 and other legislation passed by Congress, there are certain types of employers and alien workers that are “exempt” from the H-1B cap.

1. H-1B beneficiaries, who had worked as H-1B employees within the past six years, were counted against the H-1B quota and currently remain valid non-immigrant status (such as F, H, and etc.), will not be subject to the current H-1B cap;
2. H-1B beneficiaries sponsored by institutions of higher education or a related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations are exempt from H-1B Cap;
3. H-1B physicians who have received a J-1 Conrad 20 waiver of the 2-year home residency requirement based on work in a health professional shortage area are also exempt from H-1B cap.

For the Aliens currently in H-1B status, the newly filed petitions are not subject to H-1B cap in the following four situations:

1) Amended Petitions: If a “material change” has occurred in the terms and conditions of the employment of the alien employee (H-1B beneficiaries), the employer is required to file an “amended” petition. This type of petition is not subject to the H-1B cap.

2) Extension Petitions: If the H-1B beneficiary’s current status is about to expire and needs an extension for additional time, typically for another 3 years, the employer must file an H-1B “extension” petition. Like amended petitions, extension petitions are not subject to the H-1B cap.

3) Concurrent Employment: If the H-1B worker wants to work for Employer B while also working for Employer A that is subject to the cap or the alien has been subject to the cap in the past six years, Employer B files a “concurrent” H-1B petition on his or her behalf. This type of H-1B petition is not subject to the cap.

4) Sequential Petitions: If the alien work had been subject to the cap in the past six years and wants to quit his/her job with Employer A and start his/her employment with Employer B, AC 21 portability rule can allow the alien worker to transfer his or her employment to the new employer prior to the approval of the petition by USCIS. Like the petitions above, sequential petitions are not subject to the cap either.

Will the pace of filing increase, we think so. A sluggish economy and many available American workers who were laid off are probably the culprit for the low usage of H1B visas so far.

This is a summary from AILA. The following immigration-related bills were introduced into the House of Representatives and the Senate in March and April:

E-Verify Loan Origination Act of 2010 (H.R. 4744)

Introduced by Rep. Marchant (R-TX) on 3/3/10

Summary: Amends the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act to prohibit the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation Act (Freddie Mac) from purchasing a single-family housing (1-to-4 family residence) mortgage unless the identity and work eligibility of the mortgagor has been confirmed by an inquiry made through the basic pilot E-Verify program under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

Amends the National Housing Act to prohibit the Secretary of Housing and Urban Development (HUD) from insuring any single-family housing mortgage unless the identity and work eligibility of the mortgagor has been confirmed by an inquiry made through the basic pilot E-Verify program. Permits the lender and the Secretary to submit such inquiries.

Secure Visas Act (H.R. 4758)

Introduced by on 3/4/10 Rep. Smith (R-TX)

Summary: Amends the Homeland Security Act to grant the Secretary of Homeland Security (DHS), except for the Secretary of State's authority with respect to diplomatic- and international organization-related visas, exclusive authority to issue regulations, establish policy, and administer and enforce the provisions of the Immigration and Nationality Act (INA) and all other immigration or nationality laws relating to U.S. consular officer visa functions.

Adoption Fairness Act (S. 3091)

Introduced by Sen. Klobuchar (D-MN) on 3/9/10

Summary: Amends the Immigration and Nationality Act to prohibit the Secretary of Homeland Security (DHS) from charging a fee for the issuance of a Certificate of Citizenship for a child who is adopted by a U.S.-citizen parent and who is eligible for automatic citizenship regardless of whether the child's adoption was finalized in the United States or in a foreign country.

Restoring Protection to Victims of Persecution Act (H.R. 4800)

Introduced by Rep. Stark (D-CA) on 3/10/10

Summary: Amends the Immigration and Nationality Act to eliminate the one-year deadline for application for U.S. asylum.

H.R.4835

Introduced by Rep. Whitfield (R-KY) on 3/12/10

Summary: Amends the Immigration and Nationality Act to state that an employer who pays a U.S. worker the federal minimum wage or the prevailing wage shall not be required to pay an H-2A visa worker (temporary agricultural worker) similarly employed more than such wage.

No Sanctuary for Illegals Act (H.R. 5002)

Introduced by Rep. Burton (R-IN) on 4/13/10

Summary: Directs the Secretary of Homeland Security (DHS) to: (1) increase border patrol recruitment incentives by offering a ($40,000 maximum) repayment of higher education loans; and (2) develop border patrol retention incentives through the establishment of a retention program. Authorizes the Secretary to deploy newly developed technologies to secure U.S. international land and maritime borders.

Protect Our Workers from Exploitation and Retaliation (POWER) Act (S.3207) [NOTE: No link available]

Introduced by Sen. Menendez (D-NJ) on 4/14/10

Summary: The bill protects all workers by giving them a fair shot at reporting employers who violate civil and labor rights to the federal authorities. The bill is a response to cases across the country of workers who have faced unjust and illegal retaliation by employers for asserting their basic labor and employment rights. The POWER Act will ensure that employers do not intimidate or retaliate against U.S. or immigrant workers to trump civil rights and labor law in the workplace.

StartUp Visa Act of 2010 (H.R. 5193)

Introduced by Rep. Maloney (D-NY) on 4/29/10

Summary: Amends the Immigration and Nationality Act to establish an employment-based, conditional immigrant visa (StartUp visa) for a sponsored alien entrepreneur: (1) with required amounts of financial backing from a qualifying investor or venture capitalist; and (2) whose commercial activities will generate required levels of employment, revenue, or capital investment.

After a week full of outrage about the Arizona Immigration law, we are happy to report about an opposite spirit coming all the way from the state of New York.

Gov. David Paterson stepped into the immigration debate Monday, saying he would create the nation's first "pardon panel" to investigate requests of legal immigrants facing deportation because of past convictions.

Paterson, proposing the measure as the nation is embroiled in conflict over an Arizona law that critics say would encourage racial profiling, said he would pardon immigrants if they meet requirements including rehabilitation and demonstrate they're not a danger to society.

Paterson is seeking to combat what he calls harsh and rigid federal measures that result in deporting of immigrants who have shown considerable rehabilitation. Arizona's measure makes it a crime under state law to be in the country illegally.

Paterson said he will seek to use a governor's pardon as a tool to blunt what he called the rigid federal rules for deportation even of immigrants who have successfully engaged in a new life in America. In March, Paterson pardoned Quing Wu, an executive and Chinese immigrant who as a teenager was convicted of a smuggling.

We hope more states will follow this trend, and focus on the real effort - Immigration reform now.

Read more here

The Kentucky Consular Center in Williamsburg, Kentucky has registered and notified the winners of the DV-2010 diversity lottery. The diversity lottery was conducted under the terms of section 203(c) of the Immigration and Nationality Act and makes available *50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States.

Winners should start finding out very soon. Notifications to the randomly-selected diversity visa or "green card lottery" winners are being sent between May and July 2010.

How does it all work?

Soon an official letter from the U.S. Department of State Kentucky Consular Center (KCC) in Williamsburg, Kentucky will be sent to the mailing address that you provided in your entry. Being selected as a lottery winner does not guarantee that you will receive a visa; you must still apply and qualify for the immigrant visa. The notification letters will provide further instructions, including information on additional forms and documentation required and immigrant visa application fees.

Only participants in the DV-2010 program who were selected for further processing have been notified. Those who have not received notification were not selected. They may try for the upcoming DV-2011 lottery if they wish. The dates for the registration period for the DV-2011 lottery program will be widely publicized during August 2009.

More from the State Department

U.S. Senate Majority Leader Harry Reid and fellow Democrats on Thursday unveiled a "framework" for a sweeping overhaul of U.S. immigration laws. In wake of the furor over Arizona's crackdown on illegal immigrants, Democrats said the first step toward reform must be bolstered border security.

The REPAIR Proposal, which still needs to be drafted into a formal bill, addresses seven main areas for immigration reform. These include achieving operational control of the nation’s borders to prevent future illegal immigration, finding and removing individuals who are unlawfully present in the United States, halting unauthorized employment using a biometric employment verification system, and maximizing the nation’s economic prosperity through reforms to the legal immigration system.

Among the document’s many recommendations is the proposal to provide an immediate green card to foreign students graduating from a U.S. educational institution with an advanced degree in science, technology, engineering, or mathematics (STEM), who have an offer of employment in a field relevant to their degree. Further, REPAIR would strive to eliminate the family-based immigration backlog over a period of eight years by increasing the per country family immigration quotas from 7 to 10 percent. The REPAIR Proposal would also implement a two-step process to legalize undocumented individuals living in the United States who do not have criminal convictions and who do not pose a threat to national security.

Let us hope that this proposal which contains ideas from both political sides also inspires partnership in Congress to continue to work towards a comprehensive immigration bill in the next 2 years.

More here...

This past week we saw people from all walks of life debating about this unreasonable law. Even Arizona law enforcement personnel feel that this is going to create more harm than good. The shine of light to the Arizona law - if there is one - is that it has shaken our nation's leaders into dealing with the need for immigration reform. In large numbers in Arizona and nationwide, people have turned out protesting the law. For more information about the new Arizona Law email me.