Visa Lawyer Blog

According to a recent USCIS guidance an employer may not hire an H-1B worker prior to USCIS approving the H-1B petition unless the employee (i) is currently in H-1B status, or (ii) is the beneficiary of a timely filed H-1B extension of status petition. If the employee is in another nonimmigrant status, such as F-1 (student) or L-1 (intracompany transfer), the employer must wait until USCIS approves the H-1B petition before hiring the foreign worker.

Under section 214(n) of the Immigration and Nationality Act, a worker who "was previously issued a visa or otherwise provided [H-1B] nonimmigrant status" is authorized to begin working upon the filing of an H-1B petition by his or her new employer. This provision is often referred to as H-1B portability. Congress passed the law to allow employers to hire H-1B workers without having to wait for the government to adjudicate the H-1B petitions, a process that can often take several months.

The issue was raised to the USCIS Verification Division after employers received nonconfirmations from the E-Verify system when they hired H-1B workers under H-1B portability and the workers were not, at the time of hire, in H-1B status, or were not the beneficiaries of H-1B extension petitions. In the exchange, the USCIS Verification Division stated that the agency does not consider those employees to be work authorized. Please contact our office for further information.

Continue reading "H1B Visa Attorney - Guidance Regarding H-1B Portability" »

This is an important update for all Religious Workers filing for Permanent Residency. On October 13, 2010, the U.S. Court of Appeals for the Ninth Circuit issued a mandate overturning the permanent injunction ordered by the U.S. District Court for the Western District of Washington allowing special immigrant religious workers to file their Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with the organizations' Form I-360.

Effects on Religious Workers

As of November 8, 2010, USCIS will no longer accept any I-485 applications, as well as Applications for Employment Authorization (Form I-765), and/or Applications for Travel Document (Form I-131), filed concurrently with or filed based on pending I-360 petitions from individuals seeking classification as special immigrant religious workers.
Before November 8, 2010

Any properly filed concurrent Form I-360, Form I-485, Form I-765 and/or Form I-131 from individuals seeking classification as special immigrant religious workers submitted before November 8, 2010 will be processed in accordance with the guidelines established in the August 5, 2009 Memorandum HQDOMO AD09-, "Clarifying Guidance on the Implementation of the District Court's Order in Ruiz-Diaz v. United States.

On or After November 8, 2010

Any Form I-485, Form I-765, and/or Form I-131 submitted on or after November 8, 2010, where the underlying basis is an I-360 petition seeking the classification of special immigrant religious worker, must be filed with an approved I-360 petition or it will be rejected.

USCIS has updated the H-1B Cap Count recently:

H-1B Cap Count
Cap Type - H-1B Regular Cap
Cap Amount - 65,000
Cap Eligible Petitions - 44,300
Date of Last Count - 10/22/2010

Cap Type - H-1B Master's Exemption
Cap Amount - 20,000
Cap Eligible Petitions - 16,200
Date of Last Count - 10/22/2010

We will keep posting the updates for our readers ref.

USCIS announced the launch of a redesigned Certificate of Naturalization (Form N-550) with new security features that will reduce fraud—part of USCIS’ ongoing efforts to enhance the integrity of the immigration system. USCIS began using redesigned certificates at all offices last week, and the agency anticipates that over 600,000 new citizens will receive the enhanced certificate over the next year.

I attended my wife's Naturalization ceremony last week and the new Certificate is really striking. The redesigned certificate features the naturalization candidate’s digitized photo and signature embedded into the document. The background also features a color-shifting ink pattern that is difficult to reproduce. USCIS is now using a more secure printing process that renders the certificate more tamper-proof.

For more info and see the new features click here

U.S. Citizenship and Immigration Services (USCIS) today announced it has begun issuing a redesigned, more secure Certificate of Naturalization (Form N-550) as part of its ongoing efforts to enhance the integrity of the immigration system. The agency anticipates that over 600,000 new citizens will receive the enhanced certificate over the next year.

Our clients, participants of J-1 exchange visitor programs, are often confused as to the nature of this rule and its applicability. Below is a summary on what this rule means and when it applies.

Certain J-1 exchange visitors are subject to two-year foreign residence requirement, also known as a “two-year rule” (see Section 212(e) of the Immigration and Nationality Act). Exchange visitors who are subject to the two-year rule cannot change their status to that of H, L, K, or immigrant lawful permanent resident until they have returned to their home countries for at least two-years or received a waiver of that requirement. Please note that you do not have to reside in your home country for uninterrupted two years. If you reside in your home country for ten months and then depart, you are still subject to the rule. When you come back to your home country, you will need to reside there for fourteen more months to satisfy the requirement.

The exchange visitor is subject to the two-year home country physical presence requirement if the following conditions exist:

(1) the exchange visit was financed in whole or in part directly or indirectly by the U.S. government or the government of the exchange visitor's nationality or last residence;
(2) the exchange visitor is acquiring education, training, or skill in a field which is designated by the exchange visitor’s government as being in short supply in that country as appears on that country’s Skills List; or
(3) the exchange visitor came to the United States to receive graduate medical education or training.

Government Funding - Direct government sponsorship means that the government funds are contributed directly to the exchange visitor in connection with his or her participation in an exchange visitor program. That may be in the form of compensation, such as a stipend, scholarship, or grant. Indirect sponsorship means that the funding comes through an international organization with government funds for use in financing international educational and cultural exchanges, or is financed by an organization with government funds to further international educational and cultural exchange.

The Exchange Visitor Skills List - is a list of fields of specialized knowledge and skills that are deemed necessary for the development of an exchange visitor's home country. Note: If your country does not appear on this list, there is no requirement to return to your home country for two years at the end of your program, based on the skills list. The Skills List has been recently revised, the current addition applies to those exchange visitors who receive their J-1 visa on or after June 28, 2009. The revised Skills List can be found on the Department of State website.

Usually, the Skills List of the country of your citizenship applies to you. However, if the country of your citizenship differs from the country of your last legal permanent residence at the time you obtain your Exchange Visitor (J-1) visa status, the Skills List from the country of your last permanent residence at the time you obtain your J visa applies to you.

Graduate medical education - generally consists of a training program involving patient care services under the supervision of an attending physician that leads either to an unrestricted state medical license or certification by a specialty board. Programs that consist of observation, consultation, teaching, or research in which there is no patient contact or only incidental patient care are not considered graduate medical education.

So, how do you determine whether you are subject to the two-year rule? The annotation on your J-1 visa or Certificate of Eligibility for Exchange Visitor Status (DS-2019) "subject (or not subject) to 212(e)" is not necessarily correct. This is a preliminary endorsement of the Consular Officer. You need to assess your situation based on the three conditions mentioned above.

If you are not sure whether the two-year foreign residence applies to you, you may submit a written request for an advisory opinion for the applicability of two-year rule to your situation to the Waiver Review Division at the Department of State. Please contact our office for more information.

The US Embassy in Slovakia stated in an announcement that its country’s visa regime works according to the principle of reciprocity and noted that after several years of negotiations, the Slovak government has failed to modify the visa validity for Americans working in Slovakia beyond the current limit of two years.

Currently, Slovaks working temporarily in the United States in the H, L, O, P, and R categories receive visas valid for five years. Based on this lack of reciprocity, the US government has reduced the validity of the H, L, O, P, and R non-immigrant visa categories for Slovaks from the current 60 months with multiple entries, to 24 months with multiple entries, effective immediately.

A $60 reciprocity fee, payable at the US Embassy at the time of the interview for a US visa, will also be added, the embassy wrote, in order to bring the two countries’ fees into a more reciprocal relationship.

Arizona's Toughest Sheriff Joe Arpaio brings his round-'em-up-and-deport-'em politics to Las Vegas on latest stop of Tea Party Express. In a packed saloon on the edges of town last night, the Tea Party Express battle bus rolled in and fired up a crowd of about 2,000 supporters with lurid tales of the war against the illegal hordes.

The headline speaker was "America's Toughest Sheriff", Joe Arpaio, from Maricopa County in Arizona, which covers the state's capital city, Phoenix. He has lit the fuse of the immigration debate in America with his hardcore round-'em-up-and-deport-'em politics.

As he came on stage the crowd gave a huge roar of approval, and a Tea Party band sang: "We stand with you Arizona / The rule of law in this land / What part of 'illegal' don't they understand." "It's very simple," Arpaio began. "I have the solution, but nobody wants to listen to me." The crowd booed.

The simple solution he offers is to round up largely Hispanic workers in factories and farms, filter them for those who lack immigration documents, and slap those people into a makeshift prison he erected using tents in the desert ahead of their deportation. "You guys have got deserts here," he said to the adoring throng. "Why don't you put tents up here?" Arizona's recent attempt to extend Arpaio's tough approach across the whole of the state provoked a heated national debate. The law is at a standstill pending legal challenges, including several from the federal government.

"I've been accused of being a racist and every name in the book. The federal government is investigating me. But every time they come after me my polls go higher," Arpaio said.Immigration has been one of the most contentious issues in the tight race in Nevada between Harry Reid, the top Democrat in the Senate, and the Tea Party-backed Sharron Angle, who is trying to unseat him.

Angle has accused Reid in TV advertising of extending social security payments to illegal immigrants. He has accused her of lying on the issue. With unemployment running at almost 15% in Nevada – the highest rate in the US – and more than 20% in Las Vegas if you add in underemployment, the level of anger at the Tea Party saloon was palpable. "Dump Reid" stickers and T-shirts were everywhere.

"Save our liberty from socialism," read a banner with a plastic model of the Statue of Liberty attached to it. The display was wielded by Jody Black, who receives unemployment benefit – having recently had to shut down her antique shop in Las Vegas – as well as Medicare health provision as a older person.

Both forms of assistance come from the government, which she blames for killing off innovation and turning America into a socialist regime. How does she square the circle of her beliefs and the personal subsidies she gets from government?

"We've been contributing to the fund, it's our money and we want it back. We had no choice. It's the liberals who have been taking money out of the fund and giving it to the illegals." As she spoke the band played on. "It's time they heard these words: Let our borders be secured / With Arizona we should take a stand."

When times get tough, Immigration fraud is on the rise. Pretty disturbing news. A Brazilian husband and wife were sentenced Thursday for their involvement in a $55 million visa fraud scheme, following an investigation led by the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI).

Wilson, 63, and Valeria Barbugli, 57, were sentenced to 18 and 24 months in federal prison, respectively, by U.S. District Judge Mary S. Scriven, Middle District of Florida. The couple was convicted of conspiracy, visa fraud and alien smuggling as part of an elaborate scheme which allowed illegal aliens to work at jobs that normally would have been filled by U.S. citizens.

As part of their sentence, the court also imposed a money judgment in the amount of $55 million, which represents the illegal proceeds generated during the course of the conspiracy.

According to court documents, the Barbuglis used a temporary labor staffing conglomerate that supplied workers to more than 160 hotels. Through their complex visa fraud and alien smuggling activities the defendants allowed more than 1,000 illegal aliens to fraudulently enter and remain in the United States using fraudulently obtained H-2B employment-based visas. An H-2B visa is granted to certain qualified foreign workers seeking temporary employment in the United States.

As part of the conspiracy, the Barbuglis submitted false documentation to the government and manipulated the H-2B visa process. The Barbuglis submitted altered hotel contract agreements to conceal their activities and falsely reported that U.S. workers had been hired when they had not. The Barbuglis also falsely claimed that no payments were being collected from the alien workers, when in fact the workers had actually paid between $350-$750 each to be placed on the fraudulent H-2B visa petitions.

The H-2B nonimmigrant visa program permits employers to hire foreign workers to come to the U.S. and perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent and there are no qualified and willing U.S. workers available for the job. Note that this visa is not available for "temporary" agencies or other work placement agencies.

Read more..

The Immigration Act 2009 comes into effect from 29 November 2010. Until then the Immigration Act 1987 applies. The key changes factsheet is a good place to start. It gives an overview of what's happening, and gives an introduction to the other factsheets, which include:

* New terminology and concepts – outlines, for example, how we will no longer use the word 'permit' and instead use the word 'visa', and that the terms ‘residence permits’, ‘residence visas’ and ‘returning resident’s visas will be replaced by ‘resident visas’ and ‘permanent resident visas’ – but there is no change to existing categories for people wishing to settle in New Zealand.
* Residence – explains how people granted residence in New Zealand will be granted 'resident visas' with 'travel conditions', or 'permanent resident visas', and what these things mean.
* Sponsorship – shows how family and friends sponsorship criteria and obligations are being strengthened, and that organisations will be able to act as sponsors in some situations.
* IPT – talks about the introduction of the independent Immigration and Protection Tribunal.
* Employer obligations – explains new obligations for employers and how Immigration New Zealand is helping them meet these.
* Education providers – outlines new provisions for education providers.

People who hold a visa or permit, or have applied for a visa or permit, do not need to reapply.The key changes are:

* The visa and permit framework has been simplified to just ‘visa’.
* The process at the border which allows non-New Zealand citizens entry to New Zealand is called ‘entry permission’.
* A new concept of ‘deeming’ has been introduced.

While some of the terms used to describe immigration processes will change, the actual process of applying to travel to, enter, or stay in New Zealand will remain the same.

The new visa framework

Under the Immigration Act 2009 (the new Act), a visa is an authority for an individual to travel to, or stay in New Zealand (under the Immigration Act 1987 a visa only allowed you to travel to New Zealand and a permit allowed you to stay).

Just as it does now, a visa will have conditions that indicate what the holder of the visa may do. For example, for workers, the right to work in a specific occupation for a specified employer, or for students, the ability study at a particular educational institute.

The new Act allows for the following types of visas:

* Residence class visas
- Resident visas – holders will be entitled to travel to New Zealand and stay indefinitely, but only enter New Zealand in line with their ‘travel conditions’. Resident visas may also be subject to other conditions, such as a requirement to invest a certain amount of money in New Zealand within a certain timeframe (for people approved under the Investor Category).
- Permanent resident visas – holders will be entitled to travel to New Zealand at any time and stay indefinitely without conditions.
* Temporary entry class visas
- Temporary visas – there will be a variety of temporary visas, for example, visitor visas, student visas and work visas (similar to the current temporary entry visas).
- Limited visas – may be granted to people who wish to come to New Zealand for an express purpose (similar to the current Limited Purpose visa).
- Interim visas – may be granted for the purpose of maintaining lawful status in New Zealand when an individual has applied for a further temporary visa and his or her application is being considered. Interim visas will come into effect in early 2011.
- Transit visas – allows a passenger to remain in transit if he or she is traveling through New Zealand to another destination. There is no change to the requirements for obtaining a transit visa under the new Act.

Entry permission:

Under the 1987 Act, visa holders applied for a ‘permit’ to enter and stay in New Zealand when they arrived by completing an arrival card. Under the 2009 Act, visa holders instead apply for ‘entry permission’ using the arrival card. Normally, a person holding a visa will be granted ‘entry permission’ to allow him or her to enter and stay in New Zealand for the time period allowed by their visa. However, in some cases people may be denied entry permission, for example, if:

* They are carrying prohibited goods or substances into New Zealand.
* Adverse information about them has come to light since their visa application was approved.
* They have obtained their visa by fraudulent means or by making a false declaration.

Deemed visas:

Visa or entry permission may be ‘deemed’ for certain specific classes of people where it is not possible or appropriate to physically grant a visa. In these situations there will be no physical record and no electronic record of the visa. Deemed visas are limited to classes of people determined by Immigration New Zealand and cannot be applied for. They are most commonly used for cruise ship passengers and travelers to the Ross Dependency in Antarctica, and in relation to members of visiting armed forces.

Deemed visas will also be used for people who have a valid permit or visa when the new Act comes into force. On 29 November 2010, those existing visas and permits will be deemed to be a visa of the corresponding type under the new Act. People will not need to apply for a new visa until their current visa or permit approaches its expiry date.

Applications that are lodged before 29 November 2010 but considered on and after 29 November 2010 will continue to be assessed using the same criteria that applied on the day the application was accepted. If the application is approved, the visa granted will have the same entitlement as any visa or permit that would have otherwise been granted under the 1987 Act, but the visa labels will use the new format to display those entitlements.

Many readers of the Blog and our clients often want to know how can they qualify for the H1B visa even without a degree. Attorney Kate Powell from our office prepared an excellent article on the topic and it is featured below.

H-1B is a nonimmigrant work visa category, which applies to people who wish to come to the U.S. to perform services in a specialty occupation. Some think that they are not qualified for this visa category merely because they do not hold a baccalaureate level of education. In actuality, there are ways to overcome the Bachelor’s degree requirement if you have enough qualifying work experience. Below is the summary of the current regulations and guidelines that can help you determine whether you can qualify for H-1B.

Pursuant to Title 8, Code of Federal Regulations (8 C.F.R.), part 214.2 (h) (4) (iii) (C), you can qualify for a specialty occupation based on education, specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and you have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

The equivalence of work experience to a degree can be determined by one or more of the following: (a) an evaluation by a college official authorized to grant credit for training and/or experience in the specialty; (b) the results of college-level equivalency examinations or special credit programs; or (c) certification or registration from nationally recognized professional associations for the specialty. See 8 C.F.R. 214.2 (h) (4) (iii) (D).

An evaluation by a college official is usually the most common form of work experience evaluation. As a practical matter, USCIS often accepts professors’ opinions that a person’s work experience or combination of education and work experience is equivalent to a degree. Please note that credentials evaluation services are not allowed to evaluate your work experience to prove that work experience is equivalent to a degree. Regulations limit the scope of foreign credential evaluators to evaluating only foreign education.

Proof of the qualifying work experience usually includes letters from your former employers. The letters from previous employers should contain the location, dates of employment, job title, and the duties you had, as well as the theoretical knowledge used and its practical application. The letters should include a statement that your peers, subordinates, or supervisors also held the degrees in the specialty occupation, if that’s the case. In case your previous employers no longer exist or it is impossible to obtain a letter from them, a letter from a coworker is usually sufficient.

Work experience equivalency determination - “Three-for-one” rule

USCIS may determine equivalency of your work experience through application of the “three-for-one” rule, by which three years of specialized training and/or work experience may be substituted for each year of college-level education that the beneficiary lacks.

However, experience alone is not a sufficient substitute for a Master’s degree. For equivalence to an advanced (or Master’s) degree, the alien must have a baccalaureate degree followed by at least five years of experience in the specialty. If required by a specialty, the alien must hold a Doctorate degree or its foreign equivalent.

If you do not have any college level education, you will need at least 12 years of qualifying work experience. How can you determine how many years of experience you need if you have some college education, but you are lacking a degree? Say you have foreign education that is equivalent to 3 years of college level education in the U.S. You lack one year of education to qualify for a Bachelor’s Degree. If you have three years of qualifying work experience, you can substitute it for the lacking year of education. In other words, your education combined with work experience may equate to a Bachelor’s degree.

In that case, you would have to go through a two-step process. At first, you will need to evaluate your foreign educational credentials to determine how many years of work experience are necessary to qualify under the current regulations. Second, you will need to follow the guidelines on how to substitute education for work experience as described above. If you need more information on the above referenced topic, feel free to email or call us at anytime.

Congressmen Chris Lee and Brian Higgins plan to announce plans for a grand opening of a new State Department passport office on Genesee Street in downtown Buffalo.

The full-service passport issuance agency in Western New York provides greater convenience and service for communities, and it will be able to issue required travel documents within hours in the case of emergencies.

The closest passport agency right now is located in downtown Manhattan. The official announcement of the new passport center will be made next week.

We are informed by AILA and the American Civil Liberties Union that there has been a relatively large-scale ICE enforcement operation conducted in the past 24 hours in relations to a bakery in Otay Mesa.

There have been multiple search warrants executed and many arrests--with some entire families having been taken into custody. Preliminary word is that several managers of the bakery may be prosecuted criminally on immigration-related charges, and many workers (perhaps dozens) will face removal proceedings and/or attempts by ICE to have them accept voluntary removals. We will keep our readers posted as new developments come up.

Last year, a sweep targeting illegal immigrants led to the arrest of more than 300 people – including at least 125 with criminal histories – in San Diego and Imperial counties. The arrests were part of a statewide operation that netted more than 1,000 arrests.

The U.S. Department of Labor Employment and Training Administration Office of Foreign Labor Certification, issued a Frequently Asked Questions on Permanent Labor Certifications, titled Round 12.

In that update they answer the employer point of contact questions that is often asked by employers. The answer is that the employer must designate as its point of contact an employee of the employer who is authorized to act on its behalf in labor certification matters pertaining to the specific job opportunity for which certification is sought.

The designated employee may not be the sponsored foreign worker. The employer point of contact will be contacted by the National Processing Center to verify whether the employer is authorizing the filing of the application and sponsoring the foreign worker named therein.

Therefore, an authorized employee’s name and contact information must be listed in Section D of the employer’s submitted ETA Form 9089. It is not acceptable, for example, to reenter the employer’s name listed in Section C of the ETA Form 9089 or provide a generic title such as “HR Manager.”

Moreover, as indicated on the ETA Form 9089 and accompanying instructions, such a person’s name and/or contact information, e.g., the phone number and email address, must be different from the attorney or agent name and/or contact information listed in Section E of the ETA Form 9089, unless the attorney or agent is an employee of the employer. This has been a subject of a few audits in recent years.

Continue reading "PERM Labor Certification - Who may the employer designate as its point of contact on Form 9089?" »

Singaporeans who are successful in their application for a passport will have the option of collecting their passports from selected Singapore Post Limited (SingPost) outlets from October 15, 2010 onwards. Eligible passport applicants will be informed through the passport collection notification card or by email if they apply for a passport through APPLES, the online passport application system. Those who wish to enjoy the service offered by SingPost can select the preferred venue for collection via the Immigration and Checkpoints Authority’s (ICA) e-Appointment system which is available through the ICA website at www.ica.gov.sg.

The ICA has collaborated with SingPost to bring greater convenience to Singaporeans without compromising on security. In addition to the option of applying for passports at SingPost since 2008, Singaporeans may now also collect passports from selected SingPost outlets. SingPost was chosen to offer this service to Singaporeans after a rigorous tender process. ICA is also satisfied SingPost has put together a robust and stringent process to ensure the secure delivery, custody and collection of the Singapore passport at its outlets.

Singaporeans who are eligible for this service will be able to enjoy the convenience of collecting their passports from SingPost’s wide network of outlets strategically located across the island. There will be a service fee payable to SingPost for the successful collection of each ICA document at designated SingPost outlets. There are 20 designated SingPost outlets selected to offer this service to ICA customers. As an added advantage, some SingPost outlets have extended operating hours up till 8pm and are open on weekends and public holidays.

This new service complements ICA’s existing efforts to help Singaporeans plan and better manage their time and offers Singaporeans flexibility, ease and convenience. Singaporeans who choose to collect their passport at a SingPost outlet should refer to SingPost’s promotional materials for the fees levied as it would be a commercial arrangement between SingPost and the individual concerned. Singaporeans who do not wish to collect at the alternate site can continue to collect their passports at the ICA Building. Those who prefer to collect at the ICA Building are encouraged to use the ICA’s e-Appointment system for better time management.

The government has been ramping up enforcement of employment immigration laws, with a particular focus on insuring that companies are staying in compliance. The number of enforcement activities has increased dramatically in the past year. Now, more than ever, it’s important to insure that your company is ready in case of a government I-9 audit. And for the first time, it’s not enough to be in compliance. Each company must prove compliance, and if using an electronic system, use one that works in accordance with immigration laws.

The San Diego Union Tribune reports, enforcement in San Diego County mirrors a national trend toward more scrutiny of employers’ I-9 forms, the universal tool for verifying permission to work in the United States.

Immigration and Customs Enforcement, or ICE, initiated 66 audits with local employers in the fiscal year ending Sept. 30, reviewing 5,588 individual I-9s in the process. That was up from 44 audits in fiscal 2009 and just one audit in 2008. A company can be fined up to $1,100 for each illegal employee, and knowingly violating verification laws can lead to criminal charges and forfeited assets.

So the heat is now on employers to clean the house, it is also a great burden on employees to find work. As the illegal population continues to grow, they will also find creative ways to deal with the system. All we can suggest employers is to conduct routine internal I-9 audits and have an immigration policy in place, this is the best practice to follow.

The USCIS recently launched a great resource for those preparing to take the Naturalization Test. The online resource has many interactive tools to get ready for the test and more.

Naturalization is the manner in which a person not born in the United States voluntarily becomes a U.S. citizen. Before you apply for naturalization, you must meet a few requirements. Depending on your situation, there are different requirements that may apply to you. General requirements for naturalization are below.

Eligibility Requirements

* Be at least 18 years old at the time of filing Form N-400, Application for Naturalization.
* Be a permanent resident (have a “green card”) for at least 5 years.
* Have lived within the state or USCIS district with jurisdiction over your place of residence for at least 3 months prior to the date of filing Form N-400.
* Have continuous residence in the United States as a lawful permanent resident for at least 5 years immediately preceding the date of filing Form N-400.
* Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing Form N-400.
* Be able to read, write, and speak basic English.
* Have a basic understanding of U.S. history and government (civics).
* Be a person of good moral character.
* Demonstrate an attachment to the principles and ideals of the U.S. Constitution.

Click here to enter the new resource center

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This is another update on the H2B wage issue. On August 30, 2010, the U.S. District Court for the Eastern District of Pennsylvania in Comitè de Apoyo los Trabajadores Agricolas (CATA) v. Solis, et al., Civil No. 2:09-cv-240-LP, 2010 WL 3431761 (E.D. Pa.) invalidated the Department's use of skill levels in establishing prevailing wages and the Department's reliance upon Occupational Employment Statistics (OES) data in lieu of Davis Bacon Act and Service Contract Act rates. The court order requires the Department to complete a new rulemaking regarding the calculation of prevailing wage rates in the H-2B program within 120 days.

The Department has been issuing prevailing wage determinations with a validity period ending on June 30, 2011, since the OES data is updated annually each June. Given that the Department has been ordered to promulgate a new regulation in approximately 3 months, which may result in changes to the calculation of the prevailing wage rates, the Department, beginning on September 30, 2010, will issue H-2B prevailing wage determinations with validity periods of three months, in accordance with §655.10(d). This change does not affect the validity periods of existing prevailing wage determinations. It also does not affect any new requests for prevailing wage determinations that will be used in connection with PERM, H-1B, H-1B1 or E-3 applications. We will keep you posted as new information becomes available.

In a recent article in the L.A. Times, the paper reported that the Obama administration deported a record number of illegal immigrants in the 2010 fiscal year, according to figures released Wednesday by U.S. Immigration and Customs Enforcement.

The report noted that, “of the 392,862 deportations from October 2009 through September of this year, about half were illegal immigrants with criminal records. The second straight year of record deportations from the U.S. reflects the approach of ICE under the Obama administration to focus its efforts on removing criminal illegal immigrants "who pose a national security or public safety threat," Homeland Security Deputy Press Secretary Matt Chandler said in a statement.”

Despite this report, one must question how many of those with “criminal records” were really threats as criminals in the U.S. Although it says these illegal immigrants were ones with criminal records, there is no distinction in the news report between those whose acts were misdemeanor offenses or felony offenses. Under immigration law, some misdemeanor offenses can be waived and therefore allow an immigrant to stay in the U.S. Is immigration being unnecessarily hard on those whose offenses were misdemeanors or is ICE going after those who have committed serious felonies?
The news report further stated that “more than 195,000 criminals were deported in 2010, a 70% increase over 2008 in the forced removal of immigrant criminals. Officials credited the increase to programs such as Secure Communities, which focuses law enforcement resources on identifying illegal immigrants who have committed crimes and are being held in local and state jails. "ICE is committed to tough law enforcement," agency Director John Morton said.
Again, the report generally makes the correlation between fewer illegal immigrants and toughened up law enforcement. Is it possible that more people are entering the U.S. by legal means through their respective embassies? Is it possible that there are fewer people coming over because jobs are just as hard to find over here as it might be in their home countries?

The report comes at a time when the number of illegal immigrants coming into the U.S. is declining, according to a report released in September by the Pew Hispanic Center. Based on census and labor statistics, the Pew report found that roughly 300,000 illegal immigrants crossed the border annually between 2007 and 2009, down from about 850,000 annually from 2000 to 2005.” The Obama administration said, “When the report was released that the data provided evidence that efforts to improve border security were working. Over the summer, the administration deployed 1,200 National Guard troops to the U.S.-Mexico border to bolster efforts to stop illegal entry, and the U.S. has cracked down on employers who hire illegal immigrants.”

The administration also has weathered criticism from liberals and conservatives over its deportation policy. Immigration reform advocates say President Obama has reneged on a campaign promise to overhaul the government's immigration policy and instead has favored increased enforcement.

Critics on the Right say ICE is selectively enforcing the immigration laws by focusing on criminals. When the ICE employees union announced a vote of no confidence in Morton's leadership in June, it cited the agency's focus on immigrant criminals. "We haven't done a good job explaining the enforcement strategy," said an administration official.
It appears that neither the Left nor the Right are sure what to make of the record number of deportations in the U.S. Still unresolved is what to do about the millions of illegal immigrants living in the U.S. "As effective as they are being," said Angela Kelley, an immigration policy expert at the Center for American Progress, "they can't deport their way out of the fact that there are 11 million people here without status."

Such a statement reflects that some are pleased that there appears to be progress in terms of addressing immigration from a standpoint of safety for U.S. citizens, but something needs to be done to bring more people into the system. Although deportations is one way to handle illegal immigration, reform is still necessary for those who are here illegally but did not voluntarily come on their own, such as the children of illegal immigrants who do not know better. Legislation like the former DREAM Act would help address many of the 11 million people who are here without status.

UK is getting lot more protests from various quarters. In a rare intervention, eight British Nobel Laureates, including Russian-born Andre Geim and Konstantin Novoselov who share this year’s Nobel Prize for Physics, have warned that the Government’s plans to put an annual cap on immigration from outside the European Union would deprive Britain of international scientific talent and “isolate” it from the “increasingly globalized world of research”.

Sir Harry Kroto, who got the Nobel Prize for Chemistry in 1996, cited the case of Prashant Jain, an Indian material scientist from the Florida State University, who was offered a fellowship by Cambridge University. But he was refused a visa because he was not able to secure enough points under the points-based immigration system to be eligible for a work permit. He is a researcher who is very clearly going places. It’s an amazing loss to the country. He will probably now stay here in the U.S. when he was quite keen to work in the U.K.. It is a very good example of the problems that immigration (policy) is causing in science. Dr. Jain (28) said he was very keen to work at Cambridge which he described as a “wonderful place” but said he now saw his future in America.

In a joint letter the Nobel Laureates said that Britain’s reputation as a global center of research excellence would be damaged if a rigid cap on immigration made it difficult for universities to recruit the best talent from abroad.

Pointing out that Nobel prize-winners in science such as Professor Venki Ramakrishnan had been “enriching and enhancing British science and society for decades”. They add to our store of knowledge, and inspire countless young researchers to follow in their footsteps. These benefits are jeopardized by the Government’s plan to cap migration to the U.K. It would damage our ability to recruit the brightest young talent, as well as distinguished scientists, into our universities and industries. The U.K. must not isolate itself from the increasingly globalized world of research — British science depends on it’’, the scientists added.

Signatories to the letters include Sir Martin Evans (Medicine, 2007), Andre Geim and Konstantin Novoselov (Physics, 2010) and Sir Tim Hunt and Sir Paul Nurse (Medicine 2001). Their intervention follows warning by leading British businesses and universities that the proposed cap, set to come into force next year, would make Britain less attractive besides affecting its relations with emerging economies such as India and China.

US plans to maintain a strong presence in the eastern part of the capital, despite moving bulk of services to Arnona neighborhood. After six years of construction, the American Consulate in Jerusalem will open its new facility for consular services on Rehov David Flusser in the southern Arnona neighborhood next Tuesday.

The office that previously dealt with consular services, located on Nablus Road in east Jerusalem, will remain open for consulate programs, along with the facility in west Jerusalem on Rehov Agron, and America House, a cultural outreach center in east Jerusalem.

“The [new] facility was designed to enhance the provision of consular services to American citizens and local residents,” a US Consulate representative said. Consular services include issuing passports and visas, and reporting deaths and births abroad. There are 80,000 registered American citizens living in Jerusalem, the West Bank and the Gaza Strip, which makes the Jerusalem consulate one of the US’s busiest in the world. It maintains an “e-consulate” for Gaza residents, offering most services online.

In accordance with the US Department of State’s dedication to environmentally friendly buildings for its consulates, the new building features “green rooftops,” with plants on the roof that minimize storm water run-off and reduce the need for air conditioning and heating by providing additional insulation. Despite moving the bulk of services for citizens and noncitizens away from east Jerusalem, the consulate plans to maintain a strong presence in the eastern part of the capital.

As many of our readers know, Chapter 16 of NAFTA (Temporary Entry of Business Persons) provides for the simplified and expeditious temporary entry of businesspersons who are citizens of one country to go into the territory of another. It contains the reciprocal commitments of the United States, Mexico, and Canada to facilitate the temporary entry of businesspersons from one of the three countries. It grants temporary entry to four categories of businesspersons: (1) business visitors (admitted as B-1s); (2) traders and investors (admitted as E-1s and E-2s); (3) intracompany transferees (admitted as L-1s); and (4) professionals (admitted as TNs).

It is important to note that although businesspersons who are citizens of Mexico are entitled to the benefits of NAFTA, they do not have the ease of access to the United States as do citizens of Canada. Canadians can apply for the TN work visa directly at the port of entry from Canada to the USA. Many Canadians are not aware that they can apply for the TN visa on at any Mexican-American port of entry as well.

So how does it work, key requirements?

Canadian Citizenship

Present evidence of Canadian citizenship: birth certificate or passport. Even an expired passport is sufficient to establish citizenship, but an admission stamp will not be placed in an expired passport. Note that Canadian citizens are visa-exempt (with the exception of E-l/E-2) and are likewise passport-exempt for the time being.

The Applicant Must Not Be Otherwise Inadmissible

It is essential to ascertain in advance that you are not subject to any grounds of inadmissibility. It should be emphasized that Canadian pardons do not relieve Canadians of the U.S. immigration consequences of Canadian criminal convictions. Advance prep work regarding any prior criminal history is imperative to avoid embarrassment at the time of application and to allow time to submit a nonimmigrant waiver application (Form I-192) when required.

Past arrest and criminal court records are much more accessible these days. We have encountered many Canadian professionals who have been left stunned at the border after being questioned about a conviction that may have occurred more than 20 years ago and has never come up in the applications process before. In addition to any criminal issues, it is also imperative to determine whether you have previously violated U.S. immigration laws. For example, unlawful presence or past fraudulent behavior may trigger a bar to admissibility.

The Correct Filing Fee

The fee for a Trade NAFTA (TN) visa at the POE is $50, There is no formal filing fee for dependents, but there is a $6 fee for each I-94 issued at a POE/PFI.

Who Will Adjudicate your at the Border?

At one time, POE/PFIs had designated free trade officers (FTOs) to exclusively adjudicate free trade applications. However, since 1999, immigration inspectors have had the authority to adjudicate applications.

It is key, especially in complicated cases, to check in advance with the FTO or the most experienced inspector to find out his or her schedule. FTOs are generally more knowledgeable about category requirements and the acceptable evidence for each category than a non-specialist inspector. Your lawyer can sometimes call the POE/PFI in advance for this information. Many immigration inspectors will speak to your lawyer over the phone to provide helpful information that applies to your case. While the inspectors will never provide advance adjudication, it never hurts to check with them to help identify issues that may raise concerns or problems before presenting the application.

Example from the San Ysidro port of Entry, Tijuana Border Crossing

Take Highway 5 South to San Ysidro. San Ysidro is a community in the city of San Diego, California. It is located in the southernmost part of San Diego County, California, immediately north of the Border Crossing. Make sure you exit the Freeway at the last U.S.A. stop!!! Then make a left turn, and then a right turn to find parking.

It is best to park near the Trolley Stop, at the parking lot just North of the "Jack In the Box". Next, Walk across the Border. Once you arrive on the mexican side in Mexico, near the taxis, you need to go across the bridge to your left. Get in line to cross back through the gates, which is the U.S. side.

You must show your Canadian passport and other I.D. (like H1b) to cross back to the U.S.side. Once inside go to the building on the right which is for Permits. You need to wait in line there before being allowed to enter the building. Once inside the building you need to check in at the counter with the immigration officer. Then you will be asked to wait, until they have time to review the TN documents. Next they will go over the paper work with you.

Once your TN is approved, you will go to the cashier window, pay $50 for the TN and $6 for the I-94. Keep your receipt!

After departing the permit building, get into the line on your right heading back into the U.S. Once, you get to the front of the line, you will be asked by an immigration officer to show your entry documents (passport and TN), and your receipt that you paid.

Lastly, proceed to the outside (any bags, or backpacks, purses, need to go through the x-ray machine). After, you are outside, proceed to your car, and take highway 5 north."

Do you need an attorney with you?

Attorney presence at the port of entry with you is very important. No attorney at application process can lead to dire consequences, especially when a less experienced officer is involved. The attorney can find out when the FTO or most experienced officers are on duty and, if there is a denial assist in the withdrawal or refiling process promptly. We have established a very successful interview escort process for our clients and feel that this service has become a important factor in case approval for Canadians applying at the Mexican Border. Email me for further info.

On Wednesday, Senators Robert Menendez (D-NJ) and Patrick Leahy (D-VT) introduced S.B. 3932, The Comprehensive Immigration Reform Act of 2010. The bill takes a broad approach to solving the wide range of problems that plague our broken immigration system.

It offers proposals on border, interior, and worksite enforcement, on legalization, and on future flows of immigration. Now the Senate and House both have a vehicle (Congressman Luis Gutierrez previously introduced a CIR bill in the House last December) for generating a serious discussion on immigration reform in the coming weeks. These bills are a direct response to the overwhelming public demand for solutions to our broken immigration system. Both political parties have acknowledged that this broken system is no longer sustainable, and is disrupting America's businesses, families, and long-term economic recovery.

Here is a Link to the Bill