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    <title>Visa Lawyer Blog</title>
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   <id>tag:,2009:/39</id>
    <link rel="service.post" type="application/atom+xml" href="http://www.visalawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=39" title="Visa Lawyer Blog" />
    <updated>2009-07-03T09:34:13Z</updated>
    <subtitle>Published by Jacob J. Sapochnick </subtitle>
    <generator uri="http://www.sixapart.com/movabletype/">Movable Type 3.33</generator>
 
<entry>
    <title>Alter in Reentry Permit Biometrics Procedures</title>
    <link rel="alternate" type="text/html" href="http://www.visalawyerblog.com/2009/07/alter_in_reentry_permit_biomet.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.visalawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=39/entry_id=49535" title="Alter in Reentry Permit Biometrics Procedures" />
    <id>tag:www.visalawyerblog.com,2009://39.49535</id>
    
    <published>2009-07-03T09:25:25Z</published>
    <updated>2009-07-03T09:34:13Z</updated>
    
    <summary>The Nebraska Service Center (NSC) of the U.S. Citizenship and Immigration Services (USCIS) has informed American Immigration Lawyers Association (AILA) that all applications for reentry permits will be denied if the fingerprinting is not completed within 120 days of filing....</summary>
    <author>
        <name>Jacob Sapochnick</name>
        <uri>http://www.h1b.biz</uri>
    </author>
            <category term="Immigrant Visas" />
    
    <content type="html" xml:lang="en" xml:base="http://www.visalawyerblog.com/">
        <![CDATA[<p>The Nebraska Service Center (NSC) of the U.S. Citizenship and Immigration Services (USCIS) has informed American Immigration Lawyers Association (AILA) that all applications for reentry permits will be denied if the fingerprinting is not completed within 120 days of filing. The NSC issued an advisement in June 2009 regarding a change in procedures related to requests for rescheduling biometrics (fingerprinting) appointments for applications for reentry permits. Reentry permits are travel documents used by U.S. permanent residents (green card holders) who need to remain outside of the U.S. in excess of one year. The procedures for requesting expedited fingerprinting have not changed. Applications for reentry permits must be filed from within the United States and the subsequent biometrics appointment must also be completed inside the United States. This request must occur before the appointment date. A request for rescheduling must be accompanied by a reasonable excuse for the inability to appear for the scheduled appointment. Rescheduled appointments are set within a maximum 30-day time frame. Applicants should plan their travel accordingly, as the announcement is absolute with respect to the 30-day time frame. <br />
We will keep you posted for the changes pertaining to biometrics procedure for reentry permits. <br />
</p>]]>
        
    </content>
</entry>
<entry>
    <title>Immigration Crackdown Shifts Focus to Employers </title>
    <link rel="alternate" type="text/html" href="http://www.visalawyerblog.com/2009/07/immigration_crackdown_shifts_f.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.visalawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=39/entry_id=49439" title="Immigration Crackdown Shifts Focus to Employers " />
    <id>tag:www.visalawyerblog.com,2009://39.49439</id>
    
    <published>2009-07-02T15:39:13Z</published>
    <updated>2009-07-02T15:47:22Z</updated>
    
    <summary>U.S. Immigration and Customs Enforcement, a unit of the Department of Homeland Security, said that it had begun an audit of 652 U.S. companies to verify whether their employees were eligible to work. Violations could lead to fines, as well...</summary>
    <author>
        <name>Jacob Sapochnick</name>
        <uri>http://www.h1b.biz</uri>
    </author>
            <category term="News" />
    
    <content type="html" xml:lang="en" xml:base="http://www.visalawyerblog.com/">
        <![CDATA[<p>U.S. Immigration and Customs Enforcement, a unit of the Department of Homeland Security, said that it had begun an audit of 652 U.S. companies to verify whether their employees were eligible to work. Violations could lead to fines, as well as civil and criminal charges.<br />
The Obama administration announced a crackdown on Wednesday on hundreds of companies suspected of employing illegal immigrants, signaling a shift in strategy: going after employers instead of workers.<br />
However, it is yet to know what steps the government would pursue if it verified that an employer had hired illegal workers, or how severe penalties might be. It remains to be seen how much pressure the new policy could put on employers. Focus is on the eminent cases of employers who hire undocumented workers, and sometimes even assist in falsifying their paperwork to avoid detection.<br />
</p>]]>
        <![CDATA[<p>The new policy comes as President Barack Obama is attempting to ramp up support for an overhaul of immigration legislation that would set millions of illegal immigrants on the path to U.S. citizenship. Mr. Obama is seeking to put a spotlight on enforcement, according to several people involved in the new strategy, in order to counteract critics who charge he is preparing to naturalize large numbers of foreign workers at a time when unemployment among American citizens is climbing. Some 12 million illegal immigrants live in the U.S.<br />
The government now plans to comb through the records at the companies it has notified. "Inspections are one of the most powerful tools the federal government has to enforce employment and immigration laws," ICE said in a statement. ICE began notifying businesses that it planned to inspect their hiring records to see whether employees have proper employee documentation. Enforcement is currently looking for the companies primarily located in New York and California.<br />
You can come in the scrutiny if you are not having valid and complete papers for your illegal workers. Hence, it is our sincere advice to abide by the Immigration laws. We will keep you informed on further developments on this issue.<br />
</p>]]>
    </content>
</entry>
<entry>
    <title>I-9 Audits - 650 businesses around the country will be audited by ICE</title>
    <link rel="alternate" type="text/html" href="http://www.visalawyerblog.com/2009/07/i9_audits_650_businesses_aroun.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.visalawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=39/entry_id=49428" title="I-9 Audits - 650 businesses around the country will be audited by ICE" />
    <id>tag:www.visalawyerblog.com,2009://39.49428</id>
    
    <published>2009-07-02T13:07:44Z</published>
    <updated>2009-07-02T13:15:43Z</updated>
    
    <summary>We just updated our readers a few days ago about the new I-9 form, when the recent notice from the government came out. Federal officials Wednesday notified more than 650 businesses around the country, including nearly 50 in Los Angeles,...</summary>
    <author>
        <name>Jacob Sapochnick</name>
        <uri>http://www.h1b.biz</uri>
    </author>
            <category term="Work Visas" />
    
    <content type="html" xml:lang="en" xml:base="http://www.visalawyerblog.com/">
        <![CDATA[<p>We just updated our readers a few days ago about the new I-9 form, when the recent notice from the government came out. Federal officials Wednesday notified more than 650 businesses around the country, including nearly 50 in Los Angeles, that their records will be audited as part of a widening effort to find companies that hire illegal immigrants. The number of notices issued is the largest ever in a single day and exceeds the total sent out in all of fiscal 2008.</p>

<p>Is this Obama's new plan on cracking down on employers, well that remains to be seen. The notices are the government's first step in what could be a lengthy investigation. Immigration agents plan to review the I-9 forms and identification documents at all 652 companies. Those with significant numbers of undocumented workers may be fined. And if agents believe the businesses knowingly hired illegal immigrants or find "a pattern of egregious violations," criminal investigations could be launched.</p>

<p>The message is clear, Employers who hire illegal workers are going to be on the hook as well, not just the illegal employees.</p>]]>
        
    </content>
</entry>
<entry>
    <title>Update on New I-9 Form</title>
    <link rel="alternate" type="text/html" href="http://www.visalawyerblog.com/2009/06/update_on_new_i9_form.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.visalawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=39/entry_id=49185" title="Update on New I-9 Form" />
    <id>tag:www.visalawyerblog.com,2009://39.49185</id>
    
    <published>2009-06-29T21:17:39Z</published>
    <updated>2009-06-29T21:20:08Z</updated>
    
    <summary>On June 26, 2009, U.S. Citizenship and Immigration Services (USCIS) announced that the current edition of the Employment Eligibility Verification Form I-9 (Rev. 02/02/09) will continue to be valid for use beyond June 30, 2009. USCIS has requested that the...</summary>
    <author>
        <name>Jacob Sapochnick</name>
        <uri>http://www.h1b.biz</uri>
    </author>
            <category term="Immigrant Visas" />
    
    <content type="html" xml:lang="en" xml:base="http://www.visalawyerblog.com/">
        <![CDATA[<p>On June 26, 2009, U.S. Citizenship and Immigration Services (USCIS) announced that the current edition of the Employment Eligibility Verification Form I-9 (Rev. 02/02/09) will continue to be valid for use beyond June 30, 2009. USCIS has requested that the Office of Management and Budget (OMB) approve the continued use of the current version of Form I-9. Once the extension request is approved, USCIS will update Form I-9. At that time, employers will be able to use either the Form I-9 with the new revision date or the Form I-9 with the 02/02/09 revision date.</p>

<p><a href="http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD">Read more here..</a></p>]]>
        
    </content>
</entry>
<entry>
    <title>Obama Calls for US Immigration Reform </title>
    <link rel="alternate" type="text/html" href="http://www.visalawyerblog.com/2009/06/obama_calls_for_us_immigration.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.visalawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=39/entry_id=49129" title="Obama Calls for US Immigration Reform " />
    <id>tag:www.visalawyerblog.com,2009://39.49129</id>
    
    <published>2009-06-29T15:38:37Z</published>
    <updated>2009-06-29T20:32:48Z</updated>
    
    <summary>U.S. President Barack Obama says he is committed to passing comprehensive reform of the country&apos;s immigration laws. The president told a gathering of Hispanics the nation&apos;s borders must be strengthened to stop illegal immigration. President Obama said that while immigration...</summary>
    <author>
        <name>Jacob Sapochnick</name>
        <uri>http://www.h1b.biz</uri>
    </author>
            <category term="Citizenship" />
            <category term="Comprehensive Immigration Reform" />
    
    <content type="html" xml:lang="en" xml:base="http://www.visalawyerblog.com/">
        <![CDATA[<p>U.S. President Barack Obama says he is committed to passing comprehensive reform of the country's immigration laws. The president told a gathering of Hispanics the nation's borders must be strengthened to stop illegal immigration. </p>

<p>President Obama said that while immigration is vital for America's future, illegal immigration cannot continue.</p>

<p>"The American people believe in immigration," he said. "But they also believe that we cannot tolerate a situation where people come to the United States in violation of the law."</p>

<p>At the Esperanza National Hispanic Prayer Breakfast and Conference, Mr. Obama said the millions of people who are in the U.S. illegally should have the chance to become citizens.</p>]]>
        <![CDATA[<p>"For those who wish to become citizens, we should require them to pay a penalty and pay taxes, learn English, go to the back of the line behind those who played by the rules. That is the fair, practical and promising way forward," he said.</p>

<p>The president did not give a timetable for getting immigration reform legislation passed, but he said his administration has made progress in strengthening border security. He also said employers should not be allowed to exploit illegal immigrants to drive down wages. </p>

<p>Mr. Obama, the first African-American U.S. president, predicted that someday there will be a Hispanic president. </p>

<p>We will keep you posted on the Immigration Reforms.</p>]]>
    </content>
</entry>
<entry>
    <title>Improved technology to bring transparency in US immigration process</title>
    <link rel="alternate" type="text/html" href="http://www.visalawyerblog.com/2009/06/improved_technology_to_bring_t.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.visalawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=39/entry_id=49128" title="Improved technology to bring transparency in US immigration process" />
    <id>tag:www.visalawyerblog.com,2009://39.49128</id>
    
    <published>2009-06-29T15:32:41Z</published>
    <updated>2009-06-29T20:30:10Z</updated>
    
    <summary>The Obama administration announced to use cutting-edge technologies to revamp the entire US Citizenship and Immigration Services (USCIS), so as to not only reduce the paperwork, but also the backlog and bring in more transparency into the system. US President...</summary>
    <author>
        <name>Jacob Sapochnick</name>
        <uri>http://www.h1b.biz</uri>
    </author>
            <category term="Immigrant Visas" />
            <category term="News" />
    
    <content type="html" xml:lang="en" xml:base="http://www.visalawyerblog.com/">
        <![CDATA[<p>The Obama administration announced to use cutting-edge technologies to revamp the entire US Citizenship and Immigration Services (USCIS), so as to not only reduce the paperwork, but also the backlog and bring in more transparency into the system.</p>

<p>US President Barack Obama told a select bi-partisan group of Congressmen that such a system would be in place in the next 90 days, in which the USCIS will launch a vastly improved website.</p>

<p>This is likely to help thousands of Indian Americans every year who apply for permanent residency or Green Card, citizenship or approach USCIS for various immigration issues, but have to experience an agonizing wait.<br />
</p>]]>
        <![CDATA[<p>Such a website, he said will, for the first time ever, allows applicants to get updates on their status of their applications via e-mail and text message and online, Obama said in his remarks before a group of Congressmen whom he had invited to discuss immigration system.</p>

<p>We will keep you posted about further developments on Immigration reforms.<br />
</p>]]>
    </content>
</entry>
<entry>
    <title>How to Keep your Green Card - Changes in Reentry Permit Biometrics Procedures </title>
    <link rel="alternate" type="text/html" href="http://www.visalawyerblog.com/2009/06/how_to_keep_you_green_card_cha.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.visalawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=39/entry_id=48961" title="How to Keep your Green Card - Changes in Reentry Permit Biometrics Procedures " />
    <id>tag:www.visalawyerblog.com,2009://39.48961</id>
    
    <published>2009-06-26T16:16:47Z</published>
    <updated>2009-06-26T16:24:29Z</updated>
    
    <summary>If you hold a green card and know in advance that you must be outside the United States for more than one year, it&apos;s worth applying to USCIS for a reentry permit. This lets you to stay away for up...</summary>
    <author>
        <name>Jacob Sapochnick</name>
        <uri>http://www.h1b.biz</uri>
    </author>
            <category term="Immigrant Visas" />
    
    <content type="html" xml:lang="en" xml:base="http://www.visalawyerblog.com/">
        <![CDATA[<p>If you hold a green card and know in advance that you must be outside the United States for more than one year, it's worth applying to<a href="http://www.h1b.biz/lawyer-attorney-46E25CCD-3076-4CAE-B8909FA9BFF73FEA.html"> USCIS for a reentry permit</a>. This lets you to stay away for up to two years.</p>

<p>You should send in your application before leaving. Your reentry permit will serve as an entry document when you are ready to return. Reentry permits cannot be renewed and can be applied for only inside the United States. If you want to stay away for more than two years, you must return briefly and apply for another reentry permit.</p>

<p>The Nebraska Service Center (NSC) of the U.S. Citizenship and Immigration Services (USCIS) issued an advisement in June 2009 regarding a change in procedures related to requests for rescheduling biometrics (fingerprinting) appointments for applications for reentry permits. The NSC has advised that all applications for reentry permits will be denied if the fingerprinting is not completed within 120 days of filing. The procedures for requesting expedited fingerprinting have not changed. I assume this is due to fact that many Green Card holders living abroad were trying to apply for the permit from overseas. In order to stp the practice, USCIS is trying to impose the strict biometrics schedule to make sure applicants apply form inside the US.</p>

<p>Applicants either have to appear at their scheduled appointments or request to be rescheduled. This request must occur before the appointment date. A request for rescheduling must be accompanied by a reasonable excuse for the inability to appear for the scheduled appointment. Rescheduled appointments are set within a maximum 30-day timeframe. Applicants should plan their travel accordingly, as the announcement is absolute with respect to the 30-day timeframe. </p>

<p>Here is a good tip to avoid one's green card being considered automatically abandoned under law, it is important to return within one year, at the latest.</p>]]>
        
    </content>
</entry>
<entry>
    <title>H1B Visa Lawyer - H-1B Cap Update</title>
    <link rel="alternate" type="text/html" href="http://www.visalawyerblog.com/2009/06/h1b_cap_update.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.visalawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=39/entry_id=48952" title="H1B Visa Lawyer - H-1B Cap Update" />
    <id>tag:www.visalawyerblog.com,2009://39.48952</id>
    
    <published>2009-06-26T14:18:17Z</published>
    <updated>2009-06-26T16:28:00Z</updated>
    
    <summary>As of June 19, 2009, approximately 44,500 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number...</summary>
    <author>
        <name>Jacob Sapochnick</name>
        <uri>http://www.h1b.biz</uri>
    </author>
            <category term="Work Visas" />
    
    <content type="html" xml:lang="en" xml:base="http://www.visalawyerblog.com/">
        <![CDATA[<p>As of June 19, 2009, approximately 44,500 <a href="http://www.h1b.biz/lawyer-attorney-1137085">H-1B</a> cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.</p>

<p>Employers thinking of hiring visa workers have more flexibility this year to interview and choose the best candidates as visas will be open for at least 2 more months.</p>]]>
        
    </content>
</entry>
<entry>
    <title>President initiate Inspection and repair of Immigration legislation</title>
    <link rel="alternate" type="text/html" href="http://www.visalawyerblog.com/2009/06/president_initiate_inspection.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.visalawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=39/entry_id=48877" title="President initiate Inspection and repair of Immigration legislation" />
    <id>tag:www.visalawyerblog.com,2009://39.48877</id>
    
    <published>2009-06-25T19:48:44Z</published>
    <updated>2009-06-25T21:32:48Z</updated>
    
    <summary>President Barack Obama is expected to meet with congressional leaders of both parties today to begin laying the groundwork for sweeping immigration legislation, even though its passage this year is considered very unlikely. With lawmakers already plunged into lots of...</summary>
    <author>
        <name>Jacob Sapochnick</name>
        <uri>http://www.h1b.biz</uri>
    </author>
            <category term="News" />
    
    <content type="html" xml:lang="en" xml:base="http://www.visalawyerblog.com/">
        <![CDATA[<p>President Barack Obama is expected to meet with congressional leaders of both parties today to begin laying the groundwork for sweeping immigration legislation, even though its passage this year is considered very unlikely. </p>

<p>With lawmakers already plunged into lots of ongoing issues, administration officials and many in Congress say it is improbable that they will be able to add anything as challenging as an immigration overhaul. Moreover, there is lack of consensus among Republicans and Democrats and it seems they remain divided even within their own parties over how to fix it. Increase in unemployment rate too adds to its chaos as there are very less supporters available in Democrats, who are actually wavering on immigration reform. It is expected that the new appointed Chairman of the Senate Judiciary subcommittee on immigration, Sen. Charles Schumer, D-N.Y. would take the point in pushing for passage of a new bill. Republicans are of the view that Obama administration needs to do a lot for such legislation.</p>]]>
        <![CDATA[<p>Mr. Schumer agreed in a speech yesterday at the Migration Policy Institute, that the key to assuaging opponents was to show that any new immigration legislation would not only legalize the status of illegal immigrants already in the country but also include tough measures to prevent new waves from entering. White House officials do not rule out the possibility of an immigration overhaul before midterm congressional campaigns are in full swing next year. Few officials, however, say passage of Immigration Legislation will more likely come in 2011, when Obama hopes to tap his broad support among Latino voters as he begins his run for re-election. </p>

<p>We are of the opinion that the Obama administration has to take a serious but cautious approach towards such kind of issues as it affects millions of migrants residing in US too.</p>]]>
    </content>
</entry>
<entry>
    <title>Premium Processing Service for Form I-140 cases is Back!</title>
    <link rel="alternate" type="text/html" href="http://www.visalawyerblog.com/2009/06/premium_processing_service_for.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.visalawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=39/entry_id=48689" title="Premium Processing Service for Form I-140 cases is Back!" />
    <id>tag:www.visalawyerblog.com,2009://39.48689</id>
    
    <published>2009-06-23T20:12:38Z</published>
    <updated>2009-06-23T23:06:53Z</updated>
    
    <summary>After all the grim news about the Visa Bulletin delays we reported, I have some good news this Tuesday morning. USCIS announced today that effective June 29, 2009, it will resume Premium Processing Service for Form I-140 petitions. I-140 form...</summary>
    <author>
        <name>Jacob Sapochnick</name>
        <uri>http://www.h1b.biz</uri>
    </author>
            <category term="Immigrant Visas" />
    
    <content type="html" xml:lang="en" xml:base="http://www.visalawyerblog.com/">
        <![CDATA[<p>After all the grim news about the Visa Bulletin delays we reported, I have some good news this Tuesday morning. USCIS announced today that effective June 29, 2009, it will resume Premium Processing Service for Form I-140 petitions. I-140 form is used in all Permanent residency applications based on employment. Premium processing will guarantee a 2 week processing as opposed to the lengthy regular process.</p>

<p><strong>So who can use the new procedure?</strong></p>

<p>USCIS will accept Premium Processing requests for Form I-140 Immigrant Petition for Alien Worker, involving EB-1 Aliens with Extraordinary Ability, <a href="http://www.h1b.biz/lawyer-attorney-1135839.html">EB-1 Outstanding Professors </a>and Researchers, <a href="http://www.h1b.biz/lawyer-attorney-1135841.html">EB-2 Members</a> of Professions with Advanced Degrees or Exceptional Ability not seeking a National Interest Waiver, EB-3 Professionals, EB-3 Skilled Workers, and EB-3 Workers other than Skilled Workers and Professionals.</p>

<p>Premium Processing Service is still not available for Form I-140, Immigrant Petition for Alien Worker, involving EB-1 Multinational Executives and Managers and EB-2 Members of Professions with Advanced Degrees or Exceptional Ability seeking a National Interest Waiver.</p>

<p>As our regular blog followers know, for an additional fee of $1000, the USCIS will process the designated form within 15 calendar days of receipt. This is called Premium Processing. While a decision will not necessarily be issued in 15 days, a USCIS officer will review the application and determine the appropriate action. In many instances, this action could be an approval. The officer could issue any of the following, however: a request for further evidence (RFE), a denial, a Notice of Intent to Deny (NOID), or a notice of fraud investigation. If the notice requires an applicant to respond with additional evidence and/or legal argument, the USCIS is supposed to make a final decision within 15 days of receipt of the response.</p>

<p>Premium processing can be a valuable, strategic tool in connection with three-year H1B extensions and the current Visa Bulletin Backlog for certain countries. We welcome the change..<br />
</p>]]>
        
    </content>
</entry>
<entry>
    <title>San Diego Immigration Attorney- 3 teens deported to Tijuana readmitted into San Diego</title>
    <link rel="alternate" type="text/html" href="http://www.visalawyerblog.com/2009/06/san_diego_immigration_attorney_12.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.visalawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=39/entry_id=48462" title="San Diego Immigration Attorney- 3 teens deported to Tijuana readmitted into San Diego" />
    <id>tag:www.visalawyerblog.com,2009://39.48462</id>
    
    <published>2009-06-23T04:54:28Z</published>
    <updated>2009-06-22T04:58:04Z</updated>
    
    <summary>Some more news to report from our local community. Three teenagers who were detained by immigration officials at a trolley station and sent to Mexico last month have been allowed to return to the United States on what is known...</summary>
    <author>
        <name>Jacob Sapochnick</name>
        <uri>http://www.h1b.biz</uri>
    </author>
            <category term="Family Visas" />
            <category term="San Diego Immigration Law" />
    
    <content type="html" xml:lang="en" xml:base="http://www.visalawyerblog.com/">
        <![CDATA[<p>Some more news to report from our local community. Three teenagers who were detained by immigration officials at a trolley station and sent to Mexico last month have been allowed to return to the United States on what is known as humanitarian parole.</p>

<p>The students, ages 15, 16 and 17, reunited with their families in San Diego about 10 a.m. Wednesday. They are working on hiring an attorney and will face an immigration judge in the near future to present their cases for legal residency. </p>

<p> The teens were among 21 suspected illegal immigrants detained at the Old Town trolley stop May 20 in a joint operation led by the U.S. Transportation Security Administration and Border Patrol.</p>

<p>The students, who were on their way to school, admitted to being in the country illegally after being questioned by federal agents and were voluntarily returned to Mexico, said Daryl Reed, supervisory agent for the Border Patrol. He said they were sent to Mexico after officials failed to find proper legal guardians for the teenagers in the United States. </p>

<p><a href="http://www3.signonsandiego.com/stories/2009/jun/17/bn17visas145035/?breakingnews&zIndex=118324">Read more...</a></p>]]>
        
    </content>
</entry>
<entry>
    <title>Not enough votes for immigration reform - The fight is on!</title>
    <link rel="alternate" type="text/html" href="http://www.visalawyerblog.com/2009/06/not_enough_votes_for_immigrati.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.visalawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=39/entry_id=48461" title="Not enough votes for immigration reform - The fight is on!" />
    <id>tag:www.visalawyerblog.com,2009://39.48461</id>
    
    <published>2009-06-22T04:49:23Z</published>
    <updated>2009-06-22T04:52:58Z</updated>
    
    <summary>White House Press Secretary Robert Gibbs said there are not enough votes for the Obama administration to achieve its desired immigration reform, and change in the system as we know it today. The plan was derailed when conservative activists, who...</summary>
    <author>
        <name>Jacob Sapochnick</name>
        <uri>http://www.h1b.biz</uri>
    </author>
            <category term="Citizenship" />
    
    <content type="html" xml:lang="en" xml:base="http://www.visalawyerblog.com/">
        <![CDATA[<p>White House Press Secretary Robert Gibbs said there are not enough votes for the Obama administration to achieve its desired immigration reform, and change in the system as we know it today.</p>

<p>The plan was derailed when conservative activists, who claimed the program would have constituted "amnesty" for illegal immigrants, managed to pick off enough Republicans in the House and Senate to forestall a vote. Gibbs said that the White House would make an effort, though, to win the votes for a reform plan, for which President Obama reiterated his support.</p>

<p><a href="http://briefingroom.thehill.com/2009/06/19/gibbs-not-enough-votes-in-congress-for-immigration-reform/">Read more...</a></p>]]>
        
    </content>
</entry>
<entry>
    <title>Green Card: Priority dates and the long wait ahead....</title>
    <link rel="alternate" type="text/html" href="http://www.visalawyerblog.com/2009/06/green_card_priority_dates.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.visalawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=39/entry_id=48242" title="Green Card: Priority dates and the long wait ahead...." />
    <id>tag:www.visalawyerblog.com,2009://39.48242</id>
    
    <published>2009-06-18T16:35:07Z</published>
    <updated>2009-06-19T06:23:58Z</updated>
    
    <summary>The U.S. Dept. of State has estimated that all 140,000 employment-based immigrant visa numbers will be used this fiscal year (October 1, 2008 through September 30, 2009). This is a statistical projection based upon the utilization of Green Cards so...</summary>
    <author>
        <name>Jacob Sapochnick</name>
        <uri>http://www.h1b.biz</uri>
    </author>
            <category term="Immigrant Visas" />
    
    <content type="html" xml:lang="en" xml:base="http://www.visalawyerblog.com/">
        <![CDATA[<p>The U.S. Dept. of State has estimated that all 140,000 employment-based immigrant visa numbers will be used this fiscal year (October 1, 2008 through September 30, 2009). This is a statistical projection based upon the utilization of <a href="http://www.h1b.biz/lawyer-attorney-1131854.html">Green Cards</a> so far. Because of greater usage in EB-4 and EB-5, the unused visas from these categories which were applied for EB-1 and EB-2 categories would no longer be helpful. So, EB-2 applicants from China and India could have an even longer wait to obtain green cards. As always, EB-1 category is doing well so far, but the number of applications is higher and it will be current for India and China during the month of July 2009, but will probably retrogress in August/September. The condition for EB-2 for country like India seems bad. Currently about 25,000 EB-2 cases (for India) are awaiting visa numbers. Like all other countries, India has a limit of 2,800 EB-2 numbers available per year plus any "fall across" and "fall down" numbers from EB-4, EB-5 and EB-1 visa numbers. <br />
</p>]]>
        <![CDATA[<p>Hence, it seems some action from Congress is required otherwise Indian EB2 applicants may be needed to wait for approx. 10 years. The condition is same for China (EB-2) as well. It is estimated that EB-3 visas for India, China and Mexico applicants will not be available for the remainder of the fiscal year. There are approximately 25,000 applicants in both EB-2 and EB-3  category currently awaiting visa numbers from the Department of State.</p>

<p>Will keep on updating with further updates.</p>]]>
    </content>
</entry>
<entry>
    <title>H1B Visa Cap: Fall-off in total count</title>
    <link rel="alternate" type="text/html" href="http://www.visalawyerblog.com/2009/06/h1b_cap_falloff_in_total_count.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.visalawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=39/entry_id=48155" title="H1B Visa Cap: Fall-off in total count" />
    <id>tag:www.visalawyerblog.com,2009://39.48155</id>
    
    <published>2009-06-17T15:00:20Z</published>
    <updated>2009-06-23T19:39:57Z</updated>
    
    <summary>USCIS kept on updating the total number of cases received for H-1B for FY 2009-10. However, the recent USCIS H-1B cap count indicates decline in number of cases than what had been previously reported. The updated count reports the receipt...</summary>
    <author>
        <name>Jacob Sapochnick</name>
        <uri>http://www.h1b.biz</uri>
    </author>
            <category term="Work Visas" />
    
    <content type="html" xml:lang="en" xml:base="http://www.visalawyerblog.com/">
        <![CDATA[<p>USCIS kept on updating the total number of cases received for H-1B for FY 2009-10. However, the recent USCIS <a href=" http://www.h1b.biz/lawyer-attorney-1137085.html">H-1B</a> cap count indicates decline in number of cases than what had been previously reported. The updated count reports the receipt of 44,400 ‘Regular’ cap cases, by June 12, 2009 which is lesser than the prior count of 47,700, given as of May 22, 2009. There is no explanation too from USCIS for this decline in trend. Thus, this reduced number may reflect either withdrawals by employers, denials by the USCIS, duplicate filings, or an error in the prior cap counts. </p>

<p>As of this writing, both the Advanced Degree and Regular caps remain open. We will continue to provide updated H-1B cap count information.</p>

<p><br />
</p>]]>
        
    </content>
</entry>
<entry>
    <title>Religious Workers Visas - District Court Orders USCIS to Accept Concurrently-Filed Religious Worker I-360s &amp; I-485s </title>
    <link rel="alternate" type="text/html" href="http://www.visalawyerblog.com/2009/06/religious_workers_visas_distri.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.visalawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=39/entry_id=48060" title="Religious Workers Visas - District Court Orders USCIS to Accept Concurrently-Filed Religious Worker I-360s &amp; I-485s " />
    <id>tag:www.visalawyerblog.com,2009://39.48060</id>
    
    <published>2009-06-17T05:50:43Z</published>
    <updated>2009-06-16T05:59:23Z</updated>
    
    <summary>In a recent decision, RUIZ-DIAZ v. UNITED STATES OF AMERICA, the court ruled that Petitioners who filed or will file a Petition for Special Immigrant Religious Worker Visa (Form I-360) with United States Citizenship and Immigration Services (“USCIS”) on behalf...</summary>
    <author>
        <name>Jacob Sapochnick</name>
        <uri>http://www.h1b.biz</uri>
    </author>
            <category term="Immigrant Visas" />
    
    <content type="html" xml:lang="en" xml:base="http://www.visalawyerblog.com/">
        <![CDATA[<p>In a recent decision, RUIZ-DIAZ v. UNITED STATES OF AMERICA, the court ruled that Petitioners who filed or will file a Petition for Special Immigrant Religious Worker Visa (Form I-360) with United States Citizenship and Immigration Services (“USCIS”) on behalf of individual beneficiaries are hereby notified that you or your beneficiary may now file an  Application for Adjustment of Status (Form I-485) and, if your beneficiary seeks employment status as an adjustment applicant, an Application for Employment Authorization (Form I-765) even if USCIS has not yet issued a final administrative decision regarding the I- 360 petition. Previously, the I-360 had to be adjudicated before the adjustment package could be filed.</p>

<p>The Court has invalidated USCIS’ bar against concurrent filings as an unreasonable <br />
interpretation of the governing statute.  Pursuant to an order dated June 11, 2009, USCIS is required to accept as properly filed adjustment of status applications (Form I-485) and employment authorization applications (Form I-765) from individuals who are beneficiaries of <a href="http://www.h1b.biz/lawyer-attorney-1137192.html">petitions for special immigrant visas (Form I-360</a>), whether submitted concurrently with or subsequent to the visa petition, provided the applications meet USCIS’ valid filing requirements. </p>

<p>Bear in mind that this decision may be subject to Appeal, so things can still change. But for now this is a victory to the applicants filing under this category.</p>]]>
        
    </content>
</entry>

</feed> 

