July 3, 2009

Alter in Reentry Permit Biometrics Procedures

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.
We will keep you posted for the changes pertaining to biometrics procedure for reentry permits.

June 29, 2009

Update on New I-9 Form

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.

Read more here..

June 29, 2009

Improved technology to bring transparency in US immigration process

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 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.

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.

Continue reading "Improved technology to bring transparency in US immigration process" »

June 26, 2009

How to Keep your Green Card - Changes in Reentry Permit Biometrics Procedures

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 USCIS for a reentry permit. This lets you to stay away for up to two years.

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.

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.

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.

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.

June 23, 2009

Premium Processing Service for Form I-140 cases is Back!

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.

So who can use the new procedure?

USCIS will accept Premium Processing requests for Form I-140 Immigrant Petition for Alien Worker, involving EB-1 Aliens with Extraordinary Ability, EB-1 Outstanding Professors and Researchers, EB-2 Members 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.

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.

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.

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..

June 18, 2009

Green Card: Priority dates and the long wait ahead....

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 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.

Continue reading "Green Card: Priority dates and the long wait ahead...." »

June 16, 2009

Religious Workers Visas - District Court Orders USCIS to Accept Concurrently-Filed Religious Worker I-360s & I-485s

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.

The Court has invalidated USCIS’ bar against concurrent filings as an unreasonable
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 petitions for special immigrant visas (Form I-360), whether submitted concurrently with or subsequent to the visa petition, provided the applications meet USCIS’ valid filing requirements.

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.

May 18, 2009

Simpsons: Taking on Immigration

May 16, 2009

San Diego Immigration Lawyer: Update on Green Card Stamp issues after the Adjustment Interview

The information that is provided in this post is relevant as of Friday May 15, 2009. This is coming from our local AILA chapter Chair.

As many of our readers know, at the conclusion of the Marriage based adjustment of status interview, the immigration officer, upon approval, used to stamp the immigrant's passport with the I-551 (Green Card) stamp. This used to be an immediate proof that the case has been approved and the applicant could work and travel using this stamp. As the actual production of the Green Cards became so fast, the practice of stamping applicants' passports stopped as well in most states across the nation.

The stamp mentioning temporary evidence of I-551 or permanent resident status is valid for a year. It is valid proof of permanent resident status for employment and travel purposes. There is no need to worry about traveling on such a simple looking stamp. The ink used is security ink. The Port of Entry (POE) officers can quickly determine if a stamp is genuine. Those with genuine stamps can travel in the same manner as individuals who have received the Form I-551 or the plastic green card. The temporary stamp, which is valid for one year, can be renewed if needed. (Recently, in late January 2009, we have heard that some airlines in Europe are requiring applicants with I-551 stamps to also obtain a travel document in order to board. This may be due to the airlines not fully understanding documentary requirements under U.S. law).

It seems that things are changing, hence the recent notice from USCIS. According to the notice we received, the Green Card Facility in KY is undergoing renovation. USCIS' card production capability will be reduced over the next several months. They will expand the use of ADIT Temporary Green Card stamps as temporary evidence of LPR status.

The Stamps will be valid for 12 months (previously only 30 days validity was given). Work permits and travel documents (advance paroles) will be collected at the interview from the clients. The stamp will be the only proof of work and travel authorization in such cases. It looks like this policy will continue for the next 6-12 months. This is a nationwide policy and is not taking place only in San Diego.

We will keep you posted with more information as it becomes available.

May 11, 2009

June 2009 Visa Bulletin : EB2 India Retrogresses 4 Years!!

I was shocked when the June 2009 visa bulletin came out. The cutoff date for India in the EB2 category has retrogressed to January 1, 2000. The June Visa Bulletin will become effective as of June 1st. Thus, the May Visa Bulletin, with an EB2 India cutoff date of February 15, 2004 remains effective through May 31, 2009.

Why is this happening clients ask? The high level of demand in the EB2 India category, and the need to keep within the annual limits set by law. The DOS stated that it is currently not possible to estimate whether this retrogression will continue for the rest of the fiscal year. My predication is that it will get worse before it will get better. We will keep you posted.

Click here for the June 2009 Bulletin

May 7, 2009

I-601 Waiver Attorney about Ciudad Juarez Operations During H1N1 Flu Outbreak

As attorneys that handle numerous I-601 waiver cases, we are following the Consulate in Ciudad Juarez very closely. Clients are worried about their waiver appointments and are confused about any potential delays. The U.S. Consulate General in Ciudad Juarez will re-open consular operations on a rolling basis. The Consulate’s American Citizen Services unit will resume full operations effective today.

Immigrant visa operations will resume on May 18. The panel physicians will reopen on May 11 to accommodate applicants with consular appointments on or after May 18. Applicants whose appointments were cancelled have been rescheduled for the period June 5 - June 12. Please see the link above for an updated list of rescheduled appointments.

Applicants who have I-601 waiver appointments scheduled after May 7 should proceed to the Consulate as scheduled. Even if previously notified that their appointments were cancelled, applicants should attend their regularly scheduled appointments. Applicants wishing to reschedule should contact the call center at 01-900-849-4949 (from Mexico) or 1-900-476-1212 (from the U.S.).

We will keep you posted.

Continue reading "I-601 Waiver Attorney about Ciudad Juarez Operations During H1N1 Flu Outbreak " »

April 22, 2009

E2 Visa Lawyer - Not only cash, Other Financial Transactions as Investments

Since my last Blog article on E2 visas, I have been getting numerous emails about this hot topic from across the globe. Investors are anxious to come, but need the most up to date information about the E2 visa as a way to relocate and start a business in America.

In this article I will discuss alternative financial transactions as investments. In addition to cash, payments in the form of leases or rents for property or equipment may be calculated toward the investment in an amount limited to the funds devoted to that item in any one month, since the remaining payments will presumably be paid out of earnings from the treaty business. However, more than one month of payments may be counted if they are made in advance. For example, if the treaty investor prepays his or her equipment lease for one year, the entire year’s worth of payments may be counted as part of the qualifying investment.

The amount spent for the purchase of equipment and for inventory already in the possession of the treaty investor may be counted as part of the qualifying investment. The value of goods or equipment transferred to the United States may be considered part of the qualifying investment, if it can be demonstrated that the goods or machinery will be put to use in an ongoing commercial enterprise. The treaty investor must establish that the purchased goods or equipment are for business, not personal purposes. While a company car may not meet this burden because it may also be used for personal purposes, inventory or industrial equipment certainly will.

Established Business Purchase

Where applicant is seeking E-2 status based on an established business that he or she has operated for an extended period of time (perhaps under a different nonimmigrant status), it is sometimes difficult to document the investment. In the author’s opinion, it is not enough to simply show the current market value of the business as evidence that an investment has been made. Practitioners should first document the initial capital contribution made to the treaty business and then document that the proportionality of the investment is still sufficient at the time of the application.

Where the applicant has operated an established business for a period of time, much of the investment will be in the form of retained earnings. In such cases, the investment may not be considered substantial unless retained earnings are also counted. DOS has expressed a willingness to consider retained earnings as part of the qualifying investment. Further, in my experience retained earnings will be considered part of the qualifying investment.

In the EB-5 immigrant investor context, USCIS often takes the position that retained earnings are not part of the investment because the capital is not personal to the investor (even if the corporate entity is 100 percent owned and controlled by the investor). It instead requires that investor to personally receive the retained earnings (i.e., as a dividend), pay income tax on the income, and then reinvest the funds into the corporation. However, the negative tax implications often make this very undesirable. Fortunately, DOS appears to take a more relaxed position in E-2 context.

More on this topic in future posts.

April 22, 2009

DREAM ACT - College Board offers support

Certainly more good news in the Immigration arena. According to the LA TimesThe College Board is supporting legislation that would offer some undocumented youths a path to citizenship through college or the military.

The association best known for the SAT and AP tests it administers is stepping into the contentious issue for the first time, just as President Obama is signaling that he may encourage lawmakers to overhaul immigration laws this year. The board's trustees have voted unanimously to support the legislation, known as the Dream Act.

The Development, Relief and Education for Alien Minors Act (The "DREAM Act") is a piece of proposed federal legislation that was introduced in the US Senate, and the US House of Representatives in March 26, 2009. This bill would provide certain immigrant students who graduate from US high schools, are of good moral character, arrived in the US as children, and have been in the country continuously for at least five years prior to the bill's enactment, the opportunity to earn conditional permanent residency. The students will obtain temporary residency for a lapse of six years. Within the six year period, a qualified student must attend college, and earn a two year degree, or serve in the military for two years in order to earn citizenship after the six years period. If student does not comply with either his/her college requirement or military service requirement, temporary residency will be taken away and student will be subjected to deportation.

We really need this to pass.

April 15, 2009

PERM - New iCERT system from DOL is available today!!!

The new LCA Form (ETA-9035) will be available for use starting TODAY, April 15. However, the current version of the form will still be accepted through May 14. Starting on May 15, LCAs may be filed only through the iCERT system. DOL will disable the existing online system, but employers/attorneys will continue to have online access for case status checks and LCA withdrawals.

The most notable thing about the new LCA system is that DOL advises users to expect processing times for LCAs to increase up to 7 business days as there will be an official review and DOL certification of each LCA submitted. Employers and attorneys will need to plan accordingly.

The DOL will start accepting the new PERM Form ETA-9089 for processing on July 1. Again, the current version of the ETA-9089 will be accepted through July 31. Starting on August 1, PERM applications may be filed only through the iCERT system. DOL will disable filing functionality in the existing online system, but will continue to provide online access for case status checks and PERM application withdrawals.

The iCert portal will enable employers and attorneys or agents to set up sub-accounts for multiple users, called "associate accounts," and assign different levels of privileges (filing, withdrawal, etc.). Each associate account user can have an individual username and password. This is a big change from the existing system where only the employer can set up a new sub-account. DOL designed the new system as an "open" system where any individual can set up an account or multiple accounts as either the "employer" or "attorney or agent".

April 13, 2009

May 2009 Visa Bulletin : The Skinny!!!

The U.S. Department of State (DOS) has issued the Visa Bulletin for May 2009, which announced EB3 unavailability for all countries of chargeability. The EB2 cutoff dates for China and India had been February 15, 2005 and February 15, 2004, respectively, and have not changed for May 2009. The EB3 visa unavailability is due to high demand for immigrant visa numbers and, particularly, a large number of cases with older priority dates.

The EB2 category continues to be current for all countries, except India and China. The cutoff dates for India and China did not change from the prior month. The cutoff date for India remains as February 15, 2004. China's cutoff date is still February 15, 2005.

Lets see what the summer will hold for all visa categories.

March 13, 2009

EB-5 Immigrant Investor Pilot Program Extended

U.S. Citizenship and Immigration Services (USCIS) announced March 12, 2009 that the Immigrant Investor Pilot Program has been extended through September 30, 2009 due to yesterday’s signing of the “Fiscal 2009 Omnibus Appropriations Bill,” H.R. 1105.

As a result of the extension of the EB5 Pilot Program, USCIS will continue to receive, process, and adjudicate all Regional Center Proposals and Forms I-526, Immigrant Petitions by Alien Entrepreneur, and Forms I-485, Applications to Register Permanent Residence or Adjust Status, affiliated with Regional Centers relying on “indirect” job creation analysis.
Currently, there are 45 regional centers throughout the United States.

Feel free to email me for more info.

March 9, 2009

April 2009 Visa Bulletin - Bad Bad News!

As with the predictions about the economy that things will get worse, the Visa Bulletin for April 2009 delivers some bad news, especially for EB3 visa applicants. EB3 category shows a movement backwards of almost 2 years.

Why is this happening. Here what the State Department had to say:

Despite the established cut-off date having been held for the past five months in an effort to keep demand within the average monthly usage targets, the amount of demand being received from Citizenship and Immigration Services (CIS) Offices for adjustment of status cases remains extremely high. Therefore, it has been necessary to retrogress the April cut-off dates in an attempt to hold demand within the FY-2009 annual limit. Since over 60 percent of the Worldwide and Philippines Employment Third preference CIS demand received this year has been for applicants with priority dates prior to January 1, 2004, the cut-off date has been retrogressed to 01MAR03 to help ensure that the amount of future demand is significantly reduced. As indicated in the last sentence of Item A, paragraph 1, of this bulletin, this cut-off date will be applied immediately. It should also be noted that further retrogression or “unavailability” at any time cannot be ruled out.

It has also been necessary to retrogress the Employment Third Preference Other Worker cut-off date for all countries in order to hold the issuance level within the annual limit.

What is the future predictions, none at this point. But I promise to keep you posted.

For the most recent Bulletin April 2009 click here

February 27, 2009

Congress coming closer to extending EB-5 Regional Center Programs

That was a close call for the EB5 program. The House passed legislation that would extend the regional center program. Included in the Fiscal 2009 Omnibus Appropriations bill (H.R. 1105), the law would extend the program only until September 30, 2009. This action means that Congress would need to address the issue all over again by September. The bill still must by passed by the Senate and then signed by the President.

If you check out the rules committee link and language below, you will see that the EB-5 extension language is included at the end of Division J (section 101). The language below doesn't mention EB-5 explicitly, but it does say that section 144 of the prior continuing resolution is extended until Sept. 30, 2009. Section 144 is the provision that extended EB-5 until March 6, 2009.
.
http://www.rules.house.gov/111/LegText/111_omni2009.htm


SEC. 101. Sections 143, 144, and 145 of division A of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-129; 122 Stat. 3580 et seq.) are each amended by striking "the date specified in section 106(3) of this joint resolution" and inserting "September 30, 2009".

Congress will pass the provisions of law to extend the EB-5 regional center visa programs in early March. If these programs are only extended until September 30, 2009, I recommend that foreign nationals with a stake in these programs take immediate actions to file their applications quickly.

February 26, 2009

H1B Visa - FAQs on the H-1B Provisions of the Stimulus Bill

This report was released by the American Immigration Lawyers Association today. AILA's Business Committee has prepared this list of Frequently Asked Questions about the H-1B provisions of the American Recovery and Reinvestment Act of 2009 (ARRA or the "Stimulus Bill") and its impact on H-1B employers. Some of the FAQs do not have clear answers, and the Committee will be working with the USCIS liaison committees to clarify these points in the coming weeks.

What Provision of the American Recovery and Reinvestment Act of 2009 Affects H-1B Employers?

Section 1611 of the ARRA, called the Employ American Workers Act, was added to the stimulus bill by Senators Sanders (I-Vt.) and Grassley (R-Iowa) to limit certain banks and other financial institutions from hiring H-1B workers unless they had offered positions to equally- or better-qualified US workers, and to prevent banks from hiring H-1B workers in occupations in which they had laid off US workers.

What Companies Are Covered by the EAWA?

The EAWA places new restrictions on H-1B petitions filed by any company that receives funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343, also known as the "TARP Bill") or that receives funding under Section 13 of the Federal Reserve Act (12 U.S.C. § 342 et seq., authorizing the Federal Reserve's "Discount Window" for short-term, secured loans to financial institutions and other companies).

Note that companies receiving funds under the AARA (the "stimulus bill") itself, such as engineering companies that contract with states to build the transportation infrastructure funded by the bill, are NOT subject to any restrictions - only banks and other companies receiving TARP money, or credit directly from the Federal Reserve System, are covered.

How Do I Find Out Whether An Employer Has Received Funds Triggering Application of EAWA?

Recipients of funding under the TARP program are disclosed publicly by the US Treasury, and weekly reports are available on the Emergency Economic Stabilization Act page of the Treasury Department website.

Recipients of funding through the Federal Reserve’s Discount Window program are not disclosed to the public.

What Restrictions Are Placed On Covered Employers?

The EAWA provides that it will be unlawful for any recipient of funding to "hire" an H-1B nonimmigrant unless the recipient has complied with the extra Labor Condition Application attestations previously imposed on "H-1B dependent employers." These extra attestations are:

that the employer has, prior to filing the H-1B petition, taken good-faith steps to recruit U.S. workers for the position for which the H-1B worker is sought, offering a wage that is at least as high as that required under law to be offered to the H-1B worker. The employer must also attest that, in connection with this recruitment, it has offered the job to any U.S. worker who applies and is equally or better qualified for the position.
that the employer has not laid off, and will not lay off, any U.S. worker in a job that is essentially equivalent to the H-1B position in the area of intended employment of the H-1B worker within the period beginning 90 days prior to the filing of the H-1B petition and ending 90 days after its filing.

Continue reading "H1B Visa - FAQs on the H-1B Provisions of the Stimulus Bill" »

February 25, 2009

Premium Processing Service Expanded for Certain Form I-140 Petitions

Good news for those in the Green Card process mess. Beginning March 2, 2009, USCIS will accept Form I-907 (Request for Premium Processing Service) for
alien worker petitions filed on behalf of alien beneficiaries who, as of the date of filing the Form I-907:

Are the beneficiary of a Form I-140 petition filed in a preference category that has been
designated for premium processing service;

Have reached the sixth-year statutory limitation of their H-1B stay, or will reach the end of their sixth year of H-1B stay within 60 days of filing;

Are only eligible for a further H-1B extension under section 104(c) of the American
Competitiveness in the Twenty-first Century Act of 2000 (AC21); and Are ineligible to extend their H-1B status under section 106(a) of AC21.

Section 104(c) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 and an immigrant visa is not immediately available. Section 106(a) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to one year, provided the Form I-140 petition or underlying labor certification has been pending for at least 365 days.

Read the press release here

February 19, 2009

Nurse Visas - Nursing Relief Act of 2009

The Nursing Relief Act of 2009 has been introduced into the House of Representatives as bill HR 1001. The bill is a very good one for nurses and US patients. Unfortunately, we are a little skeptical that such a bill can survive the legislation process because of the economic crisis and other factors. Unlike the 2007 Bill, we hope that the current members of the House will see the urgent need to pass this now. Nevertheless, we are encouraged by activity and we applaud the sponsors and co-cosponsors of the bill and the underlying facilities that pushed for the bill.

The purpose of this Act is to create a new nonimmigrant visa category for registered nurses and establish admission requirements for such nonimmigrants.

The Congress finds the following:

(1) There are more vacant nursing positions in the United States than there are qualified registered nurses and nursing school candidates to fill those positions.

(2) According to the Department of Labor, the current national nursing shortage exceeds 126,000.

(3) States in the West and Southwest have a disproportionate number of nursing vacancies because of rapid population growth, which exacerbates a widening gap in the number of facilities and staff compared to patients that need care.

(4) Foreign countries such as the Philippines, India, and China have an oversupply of nurses.

(5) Major hospital systems in the United States spend hundreds of millions of dollars every year recruiting foreign nurses under our current immigration system.

(6) Current law, with certain limited exceptions, requires health care providers to sponsor desired nurses for permanent resident status while the nurses remain outside of the United States, which can take as much as 3 years.

(7) This cost is passed on to consumers and adds to the rising cost of health care.

(8) Health care providers cannot efficiently and effectively recruit qualified foreign nurses through the existing immigration process.

(9) Our health care system requires an immediate modification of Federal laws relating to recruitment of qualified foreign nurses in order to operate at an efficient and effective level.

Click here to read the Bill

February 12, 2009

March 2009 Visa Bulletin: EB2 slowly but surley!

Nothing exciting about the March Visa Bulletin. The EB2 cutoff dates for India and China continued to move forward. There is also some forward movement in EB3 for China and Mexico.

EB2 category remains current for all countries except for India and China, which show forward movement again, with cutoff dates moving by approximately 1.5 months for both countries. The cutoff date for India moved to February 15, 2004. China has a cutoff date of February 15, 2005.

EB3 no changes in the cutoff dates, other than for China and Mexico. The cutoff date for "all chargeability areas except those listed" remains at May 1, 2005; the Philippines has the same cutoff date. India also remains unchanged, backlogged at October 15, 2001. The cutoff date for Mexico has advanced by over four months, to August 15, 2003.

Click here for the most recent Bulletin

February 5, 2009

DOL Announces Effective Dates of New LCA and PERM Portals

The Labor Department has released its projections for when it will phase in the new versions of the LCA Form ETA 9035 and the PERM Form ETA 9089.

The Deptartment of Labor indicates that its implementation timing for the new LCA Form ETA-9035 is:

- It will begin receiving the new form for processing on April 15, 2009.

- It will accept the existing form through May 14, 2009, then discontinue use of old form.

Its timing for implementation of the new PERM Form ETA-9089 is:

- It will begin receiving the new form for processing on July 1, 2009.

- It will accept the existing form through July 31, 2009, then discontinue use of the old form.

January 30, 2009

New I-9 Form Implementation Delayed

The effective date of the new I-9 form has been delayed for 60 days, until April 3, 2009. It was originally scheduled to take effect on February 2. The comment period on the new form now runs until March 4, 2009.

Continue reading "New I-9 Form Implementation Delayed" »

January 28, 2009

San Diego Immigration Attorney featured in the American Bar Journal on H2A visas

It is nice to be recognized by the media from time to time. The American Bar Journal is taking an interest in Immigration law, in the February issue they feature our office and the unique H2A practice we operate.

H-2As are used by seasonal agricultural workers, who must prove that (a) they have residences in other countries they have no intention of abandoning, and that (b) they will be in the United States no longer than eight months. The ABA Journal is read by half of the nation’s 1 million lawyers every month. It covers the trends, people and finances of the legal profession from Wall Street to Main Street to Pennsylvania Avenue. We are honored.

Read the article here


January 23, 2009

EB2 moving forward - February 2009 Visa Bulletin

February 2009 Visa Bulletin shows about six months of forward movement in EB2 for India and China. There is a bit of forward movement in some of the EB3 chargeability areas.In the EB2 section China's moved forward by almost the same amount. The cutoff date for India moved to January 1, 2004. China reflects a cutoff date of January 1, 2005.

In EB3, The cutoff date for countries under the "All Chargeability Areas Except Those Listed," as well as for the Philippines, is stagnant, at May 1, 2005. India also remained unchanged, at October 15, 2001. The cutoff date for Mexico advanced by almost five months, to April 1, 2003. China also progressed to October 1, 2002.

December 27, 2008

US-VISIT Program Expands to U.S. Permanent Residents - Unreasonable?

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

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

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

December 23, 2008

I-601 Waiver Lawyer - Ciudad Juarez change to non-immigrant visa process

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

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

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

December 17, 2008

USCIS Revises The Employment Eligibility Verification Form I-9

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

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

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

December 12, 2008

San Diego Immigration Lawyer about Improving the Processing of “Schedule A” Nurse Visas

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

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

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

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

The Ombudsman concludes the report with the following recommendations:

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

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

Read the Memo here Download file

December 1, 2008

Green Card Lottery DV-2010 deadline is today!!!

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

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

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

November 21, 2008

Foreign Nurses and Physical Therapists - Options for Legally Working in the US

There is currently a shortage in the United States of nurses, physical therapists and other healthcare workers. This blog post answers questions about temporary and permanent immigration options for nurses and physical therapists.

Work Visas for Nurses

Some nurses could qualify for H-1B visa status if their positions required at least a bachelor's degree. However, many nursing positions do not require a bachelor's degree, making the H-1B visa category somewhat difficult to obtain.

Many prospective U.S. employers apply directly for a green card for foreign nurses because there is no requirement to first obtain a labor certification from the Department of Labor. The labor certification process, which requires a very extensive test of the U.S. labor market, has been waived for professional nurses. Thus, applying for a green card option for a foreign nurse may be the preferred option.

Work Visas for Physical Therapists

Physical therapists are generally eligible for an H-1B visa, since the bachelor’s degree is generally a standard requirement for that occupation in the United States. The H-1B visa is available when the occupation requires a bachelor’s degree. If you are a physical therapist in another country, you must first submit your educational credentials to a U.S. state therapy board for a temporary license or permit. (A list of state therapy boards is available on the Federal of State Boards of Physical Therapy website). Once you have a permit, you can apply for an H-1B visa to work in the United States. Once you enter the United States, you will have to take the state licensing exam, and then renew your H-1B visa.

Continue reading "Foreign Nurses and Physical Therapists - Options for Legally Working in the US" »

October 16, 2008

November 2008 Visa Bulletin - moving forward slowly

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

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

Click here for the November Visa Bulletin

August 29, 2008

PERM Law - DOL issues guidance on Attorney's role in the Process

In the past several weeks we were following one of most fierce confrontations, between lawyers and the Department of Labor. First the DOL started auditing all the cases of the largest Immigration firm in the nation, Fragomen. Later, Fragomen sued the DOL, claiming various unfair practices.

This was all a source of concern for us immigration lawyers. If we can not help our clients anymore in filing for permanent residence (Green Cards), what else can we do? Well, the Department of Labor issued some specific guidelines as to what lawyer can and can not do when assisting employers filing under the PERM program. For example:

Attorneys and agents may receive resumes and applications of U.S. workers who respond to the employer's recruitment efforts; however, they may not conduct any preliminary screening of applications before the employer does so, other than routine clerical or ministerial organizing of resumes which does not include any assessment of, or comments on, the qualifications of any applicants;

Attorneys and agents may not participate in the interviewing of U.S. worker applicants, unless the attorney or agent is the representative of the employer who routinely performs this function for positions for which labor certifications are not filed;

Where the Department finds evidence of potentially improper attorney, agent, or foreign worker involvement in considering U.S. worker applicants, the Department will audit, and may subsequently require supervised recruitment

Read the Memo here Download file

July 24, 2008

San Diego Immigration Attorney - No Fee Exemption for I-601 Waivers

This is a reminder to all I-601 waiver applicants, there is no fee waiver for this application no matter what is your situation. USCIS has received numerous applications filed without the appropriate fee due to an incorrect interpretation of the regulations.

The authority to waive or exempt payment of the $545 fee as discussed in the Code of Federal
Regulations 8 CFR 245.1(f) cites an October 1977 law that applied only to applications from
certain Vietnamese, Laotian and Cambodian parolees filed by October 28, 1983.

Read the press release here Download file

July 20, 2008

I-140 Premium processing update

1. There is a very high rejection rate of I-907 premium processing requests. (SCOPS chief Barbara Velarde mentioned in Vancouver at the National Immigration conference that the rejection rate was approximately 60%.) Prior to the suspension of premium processing for I-140's last Fall, only certain I-140 case types were eligible. For example, National Interest Waivers and Multinational Managers were not eligible for premium processing. Those case types are still not eligible for premium processing, even in an "H-out" situation.

2. The current program is only available if the beneficiary is in the U.S. in H-1B status. Those beneficiaries who have already run out of H-1B time, and who changed status or left the U.S., are not able to benefit at this time.

Continue reading "I-140 Premium processing update" »

July 17, 2008

August Visa Bulletin

DOS released the Visa Bulletin for August 2008. In addition to the 3rd Preference category, the Other Workers category is now unavailable.

EB2 category is current for all countries, except for India and China. However, the India and China cutoff date has moved forward to June 1, 2006. This is amazing forward movement, as it is the most favorable cutoff date in EB2 for either country since the July 2007 Visa Bulletin. Individuals from India and China who missed the I-485 filings during July 2007, may have the opportunity to file their I-485s in August 2008. The eligibility to file would apply to those who have EB2 priority dates prior to June 1, 2006 and are otherwise eligible to file the I-485.

Check the most recent visa bulletin here

June 4, 2008

DOL auditing all permanent labor certification filed by Largest Immigration Firm

We are a small immigration law firm, but we often get contracted by clients of larger firms for second opinion, under a strict confidentiality relationship. In the past few months we have been getting calls from clients or larger firms for PERM, I-140, and other related Permanent Residency cases. Sometimes, we just re assure the client that all is well, in some cases we find serious errors by the larger firms lawyers. Therefore I wasn't surprised to hear about the following decision by the DOL just this week.

The U.S. Department of Labor today announced that it has begun auditing all permanent
labor certification applications filed by attorneys at Fragomen, Del Rey, Bernsen & Loewy LLP. The department has information indicating that in at least some cases the firm improperly instructed clients who filed permanent labor certification applications to contact their attorney before hiring apparently qualified U.S. workers. The audits will determine which, if any, applications should be denied or placed into department-supervised recruitment because of improper attorney involvement in the consideration of U.S. worker applicants.

The department’s regulations specifically prohibit an employer’s immigration attorney or agent from participating in considering the qualifications of U.S. workers who apply for positions for which certification is sought, unless the attorney is normally involved in the employer’s routine hiring process. Where an employer does not normally involve immigration attorneys in its hiring process, there is no legitimate reason to consult with immigration attorneys before hiring apparently qualified U.S. workers who have responded to recruitment required by the permanent labor certification program.

Read More....

May 22, 2008

Nurse Green Cards - Letter from the AHA in support of Emergency Nurse Supply Relief Act

The nation’s severe nursing shortage, now in its ninth year, challenges hospitals’ ability
to operate at full capacity to care for their communities. The American Hospital Association (AHA) issued a statement in support of the Emergency Nurse Supply Relief Act. If this Bill will pass thousands of Nurses will be able to enter the US and join hospitals, desperate for skilled nursing professionals.

The letter states: The long-term solution to our nursing shortage requires a substantial expansion of ourdomestic supply through a considerable increase in nursing school capacity and completion rates. Meanwhile, immigrant nurses are needed in substantial numbers to fill the gap by joining our existing corps of trained, competent nurses.

Current visa caps have reduced the number of immigrant nurses over the past several
years. Your bill will help address our current domestic shortage by providing an
exemption from current employment-based visa caps for nurses. It also helps address
domestic supply by establishing a program to help prepare more nurse educators.

Click here to read the letter Download file

May 11, 2008

San Diego Immigration Attorney - I-601 Waiver success!!

In the past few weeks we succeeded in getting several Extreme Hardship (I-601 Waivers) approvals at the US Consulate in Ciudad Juarez. The amazing thing is that many of these cases got approved the same day. Here is a detailed report of the experience by one of our clients. We hope this information will help the numerous families that are about to embark on this difficult journey.

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This is my complete experience of becoming a legal permanent resident. I hope it helps those who are going through this confusing time.

My previous legal status was of an undocumented alien. My parents brought me here when I was fourteen. In high school I met my husband and have been married for four years.
My first interview was Friday March 7th 2008, 6:25 am. I arrived in Juarez Tuesday night and the next morning went to my medical examination.

Medical Examination

(Remember not to eat anything before this step, but do take a snack into the clinic for after your blood samples you will be hungry)
Wednesday morning we were at the clinic at 6:00am and waited in line for along time, Around 9 am, I finally was in. the first step inside was to give my information to the ladies in the front desk (this included my interview letter and vaccination record), after that they told me to go to waiting room #4 (all the other female applicants are there too). I sat there until my name was called, when they did called me it was to have blood samples taken out. After blood samples I waited again for three hours until they called me to an inside room, this is where the complete body examination takes place its not to pleasant but everyone is really polite.

After the examination they sent me to another waiting room were they administered the vaccines I needed (important to take your vaccination record, if not they will give you all the vaccines and charge you for each one). Then I waited in line to pay for my examination and vaccines. At the payment booth they handed me a little paper where it said I had to appear at the consulate the next morning (don’t panic if you don’t get one I was told not everyone gets one). That same day around 3pm we picked up my medical results. They gave me a vanilla envelope and a black plastic envelope and was told not to open them. This ended my first step.

Documents pre- examination

(This was because of the little paper I received at the clinic not my interview date)
Thursday morning we were at the consulate at 6am, I brought the little paper and interview letter and all other documents we had. I got inside until 10am by my self, my husband had to wait outside, there was not enough room for everyone. Inside I waited for my name and when I got called onto a window I was asked some questions about my husband and about myself. I handed them my medical exam and passport, and anything else they asked for. I was told to wait again to be called for fingerprints, after fingerprinting they gave me a colored paper that allowed me to get into the consulate the next day. This ended my third day in Juarez.

Interview date

(Remember no to bring cell phones, make up, or anything sharp in the consulate they will make you throw it away)
This was my final process day and again we waited in line for about two hours, when I got in, I handed my colored paper to a person picking them up and waited about three hours to be called. When I was called my interview went well, the agent asked me questions about my husband and about my self. She had all my documents from the day before and she told me I could not receive my visa; but I was eligible for an i-601 waiver. She handed my all my original documents and gave me a paper explaining the waiver process. I was not sad this was what I expected.

Waiver interview

(This interview can be scheduled before hand and the waiver packet can also be prepared once you know your first interview date)
My appointment was scheduled by my attorney Jacob Sapochnick for April 11th 2008. During this month my waiver packet was completed by Jacob with all the documents we had given him before hand( it is very important to have a good hardship letter from your spouse and supporting evidence). On the day of my appointment that was a Friday I didn’t have to wait in line at all; I just showed at the time of my appointment and I was allowed in directly to pay for my waiver $545. After paying I was sent to another building where I handed in my waiver packet and waited about 4-5 hours to be called again. When I was called other seven people got called with me, as a group they gave us the good news “your waivers have been approved!!!!” we were all extremely happy. They gave us a letter and told us to return to the consulate on Monday morning (be prepared for this sometimes you can return to the consulate that same day but they could also have you return on the next business day).

Visa pick up

(Remember to be early this time you do have to wait in line)
On Monday morning we were in line early, with the paper in hand. Again inside somebody picks up the paper and you wait to be called. When I was called they handed me a vanilla envelope and was told not open it they also gave me back my passport with my visa on it, the outside of the envelope had a sticker that showed the port of entry I needed to go to. My port of entry was Santa Teresa which was very far away out in desert. We got a taxi ( be prepared to pay a lot of money for the taxi if you get a far away entry port, our taxi was $60 each way and yes they do wait for you to bring you back.) At the port of entry you hand over your packet and they fingerprint you. Once this over they stamp your passport and welcome you to the United states of America yeahhh! This is the end of my journey, now I am back at home happy to be with my husband ready to start our new lives.

I know that Juarez is the only consulate in the world that can approve waivers on the same day. I pray for the rest of the consulates in other countries to adopt this method it could spare a lot of suffering to separated families.


May 8, 2008

EB5 Investor Visa - New Regional Centers Approved

Some news to report in the Immigrant Investor Visa category. USCIS approved the Southeast Los Angeles Regional Center for the EB-5 Pilot Program. The USCIS also approved and designated the Los Angeles Film Regional Center for participation in the Immigrant Investor Pilot Program.

Click Here to Read the Approval Letters for Southeast LA Download file

Click here for the LA Film Regional Center Download file


So what is a Regional Center? In 1993, an option was created whereby immigrants may invest $500,000 or more in USCIS-designated "Regional Centers" in a high unemployment area.

In this program, an agent, makes an offer to the USCIS. If the USCIS finds it will benefit a regional economy and shows potential for providing significant indirect employment, the project will be designated a Regional Center. With USCIS approval, the agent forms a limited partnership or corporation. Investors may apply for permanent residency upon making the investment.

Investors in a Regional Center do not have to have day-to-day management responsibility or prove the business employs ten workers. Rather, they may rely on industry job multiplier statistics. A Regional Center means that the USCIS is satisfied with the job creation potential. We can provide you with information about specific Regional Center Investments for you to perform due diligence analysis.

More on EB5 here

March 14, 2008

Green Card Lawyer - Biometrics Now Required for Reentry Permits and Travel Documents

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 USCIS for a reentry permit. This lets you to stay away for up to two years. You should send in your application before leaving. 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.

The USCIS has recently changed the system and procedure for processing reentry permits and refugee travel documents. These applications are made on Form I-131, Application for Travel Document. Under the new procedures, effective March 6, 2008, applicants for reentry permits and refugee travel documents must provide biometrics information before leaving the United States. This is done via an appointment at an Application Support Center, scheduled after the filing of Form I-131by USCIS. The new procedures do not pertain to the advance parole, as they only pertain to the reentry permit and refugee travel document.

The new procedures apply to individuals between the ages of 14 and 79 who are applying for reentry permits and refugee travel documents. They are advised to apply well in advance of their need to travel and, with limited exception, the fingerprinting and photographing must occur before departure. The USCIS indicates that the filing receipt and notice of appointment at the ASC are mailed to the applicant shortly after the I-131 is filed. There is an option for providing the USCIS with pre-paid express mailers, for transmitting the receipt and appointment notices as well as the reentry permit more quickly. However, this apparently requires a specific request for expedited processing and justification for that request. Such cases will be reviewed on a cases by cases basis.

We suggest all applicants for re entry permits to plan in advance as the appointment requirement will prevent a quick departure.

February 18, 2008

EB5 Investor Visas - New Orleans can be an option

Due to the recent influx in inquiries about this Immigrant visas, I have decided to post a little summary and updates.

The EB-5, Green Card through investment, was created to promote investments in businesses and to create and preserve jobs in the U.S. You can become a lawful permanent resident by establishing a new commercial enterprise and provide full-time employment to at least ten U.S. citizens, legal permanent residents, or other immigrants with employment authorization.

Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.

Of these 10,000 visas, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center." A "Regional Center" is an entity, organization or agency that has been approved as such by the Service; focuses on a specific geographic area within the United States; and, seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.

New Orleans attracted a Regional Center company certification a few years ago. In addition to New Orleans, designated "regional centers" exist in Philadelphia, Seattle, California's Imperial Valley, eastern Washington state, Las Vegas, parts of Iowa and South Dakota, and the entire states of Hawaii and Vermont. Applications are currently pending for Milwaukee, Houston, northern Texas and southwestern Kansas.

Click here for the current regional center list Download file

Read More about New Orleans EB5

January 27, 2008

EB-1 Visa - Denial for Research Scientist of Extraordinary Ability

We process numerous EB1 cases at the firm, I consider theses case to be the most difficult and challenging to win. Take for example the recent AAO non precedent denial of an EB1 case. The AAO upholds the denial of an I-140 petition for classification as a research scientist of extraordinary ability, finding that the petitioner failed to establish sustained national or international acclaim. Evidence in many of the categories was rejected as not setting the individual apart from others in the field.

The EB-1 visa is an immigrant visa, which allows foreign nationals with 'extraordinary ability' in the sciences, arts, education, business, or athletics to obtain permanent residency in the U.S. The achievements must have been demonstrated by sustained national or international acclaim be recognized in the field through extensive documentation.

Read the court decision here Download file