Visa Lawyer Blog

As part of an ongoing commitment to promote diversity and legal excellence efforts in the legal community, Jacob J. Sapochnick, PC and Higgs Fletcher & Mack, have forged a strategic alliance to further provide clients with a diverse pool of legal professionals and high-quality legal services, as well as to reinforce ties within the region.

The new, shared business platform is one of only a few such alliances in the legal industry and will become a platform for innovative legal services delivery. Jacob J. Sapochnick, PC and Higgs Fletcher & Mack will maintain their separate identities and independence, but will also work as a team on specifically identified litigation, labor and employment, public finance, business and Immigration matters.

Law offices ofJacob J. Sapochnick, PC , which was established in 2004, is a respected Immigration Law firm that has quickly made its mark in the Immigration Bar and among practitioners nationwide. The alliance is designed to assist both firms in meeting designated client service needs, while providing quality legal work.

Higgs Fletcher & Mack, which is also one of the oldest and largest firms in San Diego, has long been a leader in its commitment to diversity, building a diverse group of attorneys and staff who reflect not only the diversity of the communities in which they practice but also the clients they serve.

The goal of the alliance is to provide a broad range of clients with the highest quality of service from lawyers with diverse backgrounds. “The arrangement also provides Higgs Fletcher & Mack, the benefit of Jacb J. Sapochnick’s wealth of legal experience, particularly in the Corporate Immigration Law public finance and Hospitality Immigration areas. The alliance, in turn, provides the Law Offices of Jacob J. Sapochnick access, on specific designated matters, to Higgs’s Large practice, legal resources and strategic business units, including government contracts, healthcare, Hospitality and legislative affairs.

“This alliance gives our firm the luxury of working on larger and higher-profile matters that we would not normally attract because of our size, and at the same time provides Higgs access to work and perspective it would not normally receive,” said Jacob J. Sapochick, founding partner. We are already working together to introduce the alliance to our clients and anticipate the alliance will bring new business to both of our firms.

We look forward to you hearing from our clients!!!

We have been duplicating a immigration policies of continental European –countries similar to France as good as Germany – which have utterly unsuccessful to confederate as good as cushion their populations

America is still distant forward of a rest of a world. We still do immigration improved than a lot of a rest of a world. But if America will not start changing the way we look at Immigration and Immigrants, how we welcome them and embrace their skills, we will loose big time.

Fareed Zakaria put it nicely in his latest article on CNN:

Lately, I've been thinking about how the United States is different from Greece. One of the biggest differences that sets the United States apart from every other rich country in the world is that America is demographically vibrant.

Almost every rich country in the world faces problems of the welfare state which are technically fixable by reducing entitlements, raising retirement ages and working healthcare costs. But the one thing you can’t change is demographics.

Almost every rich country in the world is going to get older and older and older.

All these older people are going to have to draw benefits and pensions. Even more importantly, this means fewer young workers will be on hand to pay taxes.

At the end of the day, this is why the Japanese system has found it so difficult to get growth back. It is the first major country in the world that is experiencing actual population decline. Italy is next on that list. Germany is not far behind. Even China is going to face a demographic challenge.

The United Nations just released a report, which said that in the next 30 to 40 years, China is going to lose 100 million people. No country has ever been able to be a vibrant, great power without being demographically vibrant.

The United States is the huge exception to the rule of rich countries shrinking. The U.S. is going to be growing in population for the foreseeable future. By 2050, the U.S. will have 400 million people.

American demographics remain very healthy. While all the other countries go through this ageing cycle when they grow rich, America is the exception.

Why?

It’s entirely because of immigration.

There are two things that set the U.S. apart:

One is we still take in more immigrants legally than the rest of the world put together.

Two is that our immigrant population tends to reproduce at a slightly higher rate (they are still somewhat old-fashioned, if you will).

So those two things mean that our country is going to be demographically vibrant.

U.S. Citizenship and Immigration Services (USCIS) today announced a final rule that adopts, without change, an interim rule to improve the integrity of the Employment Eligibility Verification (Form I-9) process. USCIS received approximately 75 public comments in response to the interim rule, which has been in effect since April 3, 2009.

The main changes made by the interim rule and adopted by the final rule include: prohibiting employers from accepting expired documents; revising the list of acceptable documents by removing outdated documents and making technical amendments; and adding documentation applicable to certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands.

Employers must complete Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States. The list of acceptable documents that employees may present to verify their identity and employment authorization is divided into three sections: List A documents, which show identity and employment authorization; List B documents, which show identity only; and List C documents, which show employment authorization only.

The final rule will be published in the Federal Register tomorrow and will be available at www.uscis.gov. The final rule is effective on May 16, 2011. Employers may continue to use the current version of the Form I-9 (Rev. 08/07/2009) or the previous version (Rev. 02/02/2009). The Handbook for Employers, Instructions for Completing the Form I-9 (M-274) was updated on Jan. 5, 2011, and is available for review at www.uscis.gov/files/form/m-274.pdf.

Let us know if we can help in your I-9, E-verify or Public Access Files compliance.

U.S. Citizenship and Immigration Services (USCIS) has fully implemented the Secure Mail Initiative (SMI), which uses U.S. Postal Service (USPS) Priority Mail with Delivery Confirmation to deliver certain immigration documents in a safe, secure and timely manner. This is made possible by a partnership between USCIS and the USPS. The SMI enables USCIS to confirm delivery of permanent resident cards and documents pertaining to travel and employment authorization. With USPS tracking information, USCIS customers can easily stay up-to-date on the delivery status of their documents and USCIS can confirm that these essential documents were delivered to the proper address.

SMI provides USCIS customers many benefits, including:

* The ability to track the status of their documents with USPS tracking information
* Quicker delivery—on average, documents sent through USPS Priority Mail should arrive two to four business days sooner than with first-class mail

Customers who receive notices of approval can contact USCIS’s Customer Service Center at 800-375-5283 to request tracking information for their documents. USCIS customer service representatives will provide customers with their USPS tracking number and current USPS delivery status. Customers should wait at least two weeks after getting their approval notice before calling for information regarding their cases. When requesting tracking information, customers must also provide information from the receipt notice they received when they submitted their initial application.

A national janitorial company, will lose over half its Minnesota work force after an immigration audit, making it the second major business in that state to be hit by an Obama administration crackdown on employers of illegal immigrants.

The audit by U.S. Immigration and Customs Enforcement will result in about 240 workers losing their jobs, the Service Employees International Union reported.

Harvard Maintenance began issuing dismissal letters to employees in early March and is in the process of terminating workers, according to the SEIU, which represents the workers. Harvard Maintenance gave workers 90 days to rectify irregularities in their employment-eligibility documents before informing them they could no longer work there. The Obama administration has made employers the cornerstone of its immigration crackdown that began in 2009.

ALL employers are required to verify the work eligibility and identity of all employees hired in the United States. It makes no difference if the employee is you your spouse…you still must maintain a properly executed Form I-9.

What Happens if My Company Gets Audited by ICE?

Once a company has been targeted for a Form I-9 audit, an ICE agent will visit the business and serve a Notice of Inspection (NOI). The NOI instructs the company to produce all current employees’ I-9 Forms, their payroll records, business licenses, and other appropriate documents. Additionally, ICE will also ask for all Form I-9s for employees terminated over the past 3 years.

The government gives the company 3 business days to produce all requested documentation. It is possible to ask for an extension.

In the fiscal year that ended Sept. 30, ICE conducted audits of more than 2,740 companies, nearly twice as many as the previous year. The agency levied a record $7 million in civil fines on businesses that employed illegal workers. It is unclear how many workers have been let go as a result of the investigations.

If you get a notice of inspection from ICE, please contact a competent Immigration Attorney immediately.

President Barack Obama delivered a 61-minute State of the Union address Tuesday, but only a a passing reference to immigration issues.

The president said: "Now, I strongly believe that we should take on, once and for all, the issue of illegal immigration. I am prepared to work with Republicans and Democrats to protect our borders, enforce our laws and address the millions of undocumented workers who are now living in the shadows."

A passing reference to immigration. I'm glad it was in there, but this is a complicated issue not suited to sound bites -- or one paragraph in a 6,000-word speech. Obama has to convince his own party to stop thwarting reform to please organized labor.

President Obama's best line: "That dream is why I can stand here before you tonight. That dream is why a working class kid from Scranton can stand behind me. That dream is why someone who began by sweeping the floors of his father's Cincinnati bar can preside as Speaker of the House in the greatest nation on Earth." What a great line, and a wonderful tribute to a magnificent country. On that point, there is unanimity.

The U.S. Citizenship and Immigration Services will host public sessions to discuss the E-2 Investor Visa and Grant of Status at the National Park Service's American Memorial Park indoor auditorium in Garapan.

The two-hour sessions will begin at 5pm on Jan. 25 and 26, Tuesday and Wednesday. Seating is available for 110 people on a first-come, first-served basis. Note that these public sessions are exclusively designed to discuss the CNMI-only E-2 Nonimmigrant Investor, for which the final rule was published in December 2010, and Grant of Status.

There will be no opportunity to discuss the Transitional Worker rule during these forums. Public meetings will be set up in the future when the final rule for the CNMI-Only Nonimmigrant Transitional Worker is finalized.

Tech companies and the U.S. Chamber of Commerce have bemoaned the shortage of American students earning advanced degrees in math, engineering and science; half of all graduate students in those subjects at U.S. universities are foreign-born.

House Oversight Committee Chairman Darrell Issa (R-Calif.) introduced a bill Wednesday that would pave the way for up to 55,000 foreign graduate students at American universities to obtain a green card.

Issa's bill would make it easier for those graduate students to stay in the country after earning their degree by allowing up to 55,000 graduates holding advanced degrees from U.S. universities to earn green cards, provided they have found employment "in the sciences or medicine."

According to the text of the legislation, applicants must have earned a degree inside the U.S. within the previous five years and must have found a position that "will substantially benefit prospectively the national economy of the United States."

Many international graduate students wishing to stay in the U.S. after completing their degree attempt to find employment with a U.S. firm willing to sponsor them for an H-1B visa. Let us hope this much needed Bill will go somewhere.

Read More...

USCIS continues to streamline its processing of applications and petitions with the recent change in filing locations for several forms. The following forms should be mailed to USCIS lockbox facilities rather than directly to USCIS Service Centers:

* I-129F
* I-130
* I-140
* I-526
* I-539
* I-817

The updated filing instructions can be found on the latest versions of each form, which are available for free from USCIS.

This change became effective August 3, 2010.If you recently mailed an application. Applications already en route to the Service Centers will be automatically forwarded to the appropriate lockbox for a period of 45 days. After September 17th, packages (including fees) will be returned to the applicant along with a note explaining the new filing instructions.

Arizona has been hit with several lawsuits and dozens of business boycotts since the law was passed, and musicians have also gotten in on the act: Many are canceling shows in the state, while others are voicing their opposition through music.

Arizona is no stranger to musical protests over its politics. In 1991, Public Enemy's "By the Time I Get to Arizona" lambasted Arizona's decision not to recognize the holiday honoring Martin Luther King Jr. Stevie Wonder, Bill Cosby and others boycotted the state.

"We have to intervene in order to do whatever we possibly can to limit that state's ability to function and implement the law," Zack de la Rocha, of the band Rage Against the Machine, says in a Web video he's produced. He's organized a boycott of Arizona called The Sound Strike. So far, he's recruited artists ranging from Kanye West and Nine Inch Nails to Latino bands such as Los Tigres del Norte. Jorge Hernandez says Los Tigres del Norte's decision to join the boycott was personal: If the Los Angeles musicians were to come to Arizona, he says, they worry that police could detain them.

Read more...

USCIS is launching a pilot program in July 2010 that will use Dun & Bradstreet databases to verify business information of employers who submit immigration related petitions. "Verification Instrument for Business Enterprises" (VIBE) is a tool intended to help combat immigration fraud, and to minimize RFE's regarding petitioners' business data and eventually to make submission of routine documentation unnecessary.

VIBE will be used to verify a petitioner's ownership, date of establishment, current address, number of employees, business activities, and relationship with other entities, etc. In case of discrepancies between VIBE and the information contained in a petition, the employer will given an opportunity to explain the discrepancy. The full implementation of VIBE is expected to take place later in the year 2010. We are advising all corporate clients to verify and keep updated their D&B information.

We are a few hours away from the biggest Awards ceremony in Hollywood and the world. So what part do Immigrants play in the biggest show on earth? Talent is the one universal passport, and Hollywood has always had a place for immigrants — from German maestro Fritz Lang, who headed west when Hitler's minister of propaganda pressured him to take over Germany's top studio, to Polish Roman Polanski, who directed Los Angeles' definitive film noir, "Chinatown," and Taiwan-born Ang Lee, who became the first nonwhite to win an Academy Award for directing for "Brokeback Mountain," his reinvention of the western.

As Hollywood tries to stave off commercial stasis, the industry has been undergoing another chapter in its love affair with foreign writers and directors, particularly those from the Far East and Latin America. The international box office now accounts for more than 60% of a film's box office gross.

Of course, in this age of globalization, it's unclear what it even means to be a Hollywood immigrant anymore. "It doesn't matter where you live," says Paramount Classics chief John Lesher. "We all talk on the phone. We see each other at film festivals. You can edit a movie in Brazil, and your editor can be in London, and you can put it together seamlessly in perfect time."

So for Oscars 2010 we will not able to determine again who is an immigrant and who is not, an honestly who cares. What we want to know is who will win tonight.

For as lacking in suspense as the acting races are, the contest for the biggest prize couldn't be any closer. It's David vs. Goliath here, with 'Hurt Locker' and 'Avatar' seemingly trading "favorite" status every other day.

Unless they somehow split the votes and the Weinstein-backed 'Basterds' revises more history with an upset, the Oscar will go to either the highest-grossing Best Picture winner ever, or the lowest (in half a century, anyway). Be warned: This one is flip-a-coin close. Enjoy the Oscars tonight!!!!

In his first State of the Union address, President Obama urged Congress to work together to confront the nation's problems. He touched on many domestic issues, but Immigration was not covered much this evening.

He said:

" And we should continue the work of fixing our broken immigration system, to secure our borders, and enforce our laws, and ensure that everyone who plays by the rules can contribute to our economy and enrich our nations. In the end, it's our ideals, our values that built America, values that allowed us to forge a nation made up of immigrants from every corner of the globe, values that drive our citizens still."

Let's hope the President is committed to fix the Broken system, sooner than later.

On December 25, 2009, an individual on board NW Airlines Flight 253 set off a device and was subdued by passengers and crew. As a result of this incident, TSA has worked with airline and law enforcement authorities, as well as federal, state, local, and international partners to put additional security measures in place to ensure aviation security.

Read more from the TSA...

The government must continually balance the need for security with the realization that the United States remains a favored destination for immigrants from around the world.

"What defensive action cannot and must not mean is that we shut down, board up, wall in or become a fortress," Former Homeland Security Secretary said. "Because what we are trying to protect and at the same time preserve is not only lives but our way of life. America is a dynamic country. Our strength as Americans is the sum of every generation that has ever been born in or emigrated to this great land."

The immigration debate is expected to intensify later in 2010. Lawmakers will consider several proposals aimed at cracking down on illegal immigration. At the same time, House and Senate members may also take up a recent Bill proposal for a guest-worker program and other important changes that would make it easier for some illegal immigrants to remain in the United States. We will keep you posted of course.

We would like to wish all our readers and clients Happy Holidays, spend precious time with family and friends. It has been a great year for us and we thank all our readers for the support during this year.

May this New Year bring newly found prosperity, love, happiness and delight in your life.

This bright New Year is given to us to live each day with zest, to daily grow and try to be our highest and our best! May the dawning of this New Year, fill everyone's heart with new hopes, open up new horizons and bring promises of brighter tomorrows. As the new year blossoms, may the journey of life be fragrant with new opportunities, days be bright with new hopes and heart be happy with love! Happy New Year! 2010!

Immigration law is important and that is all that we cover most of the time. But our readers, may be facing other legal challenges from time to time. For Example E2 Visa Entrepreneurs must know something about Trademarks in order to best protect their news business. So we rely on our lawyer friends from across the country, to provide guest articles and reports. This week we are proud to feature Attorney Robert Cogan Intellectual Property Law expert.

“Can I trademark this?” is a common question. The answer is generally, “Yes,” but not for the reasons you may think. In the United States, you must create a trademark yourself. A patent does not exist before it is granted by the government. This is not true for trademarks. Rather like an automobile, you must have a trademark before you can register it. To have a trademark, you must create it.

A trademark is a designation that distinguishes the source of goods or services, usually a brand name or a model name. A trademark is uniquely associated with one source. For example, FRISBEE brand flying discs come only from one company. Most people may not know that this company is Wham-O, Inc. of Emeryville, California. However, they do know that FRISBEE brand comes only from one company. The trademark gives products or services immediate recognition of the reputation and quality associated with the source of products or services.

In the United States, “common law” rights are recognized in trademarks that are used in commerce. Israel, too, is a “use” country. Registration is important, but not mandatory. In “civil law” countries, e.g., in continental Europe, trademark rights are established by registration.

In “use” countries, a trademark is established by adoption and use. Adoption is the selection of a trademark. Use comprises marking the trademark on the goods or on containers or on labels attached to the goods, depending on the physical form of the goods, and moving the goods in commerce. Placing the brand name on a web page or in an advertisement is rarely considered to be use. Company names and domain names have a complex interrelationship with trademarks that cannot be addressed in a brief article. However, you should not depend on those items to establish use. The surest way to establish use is by traditional marking.

Once the trademark is adopted, it should be marked with the “TM” symbol when it is placed on labels or in advertising. Placing “TM” next to the mark does not require any formal action, e.g., filing an application. It is a notice to the world that you are claiming rights in a common law trademark. It should virtually always be done.

Be sure that the trademark acts as a brand name and not as a description of the goods. If a designation describes the goods, it is no longer identified with the source, and it loses its trademark significance. Aspirin, escalator, and thermos were once trademarks in the United States. Now they are dictionary words.

Conflict of one trademark with another depends on whether there is a likelihood of confusion in the marketplace as to the source of goods or services. Therefore, trademarks of others may be relevant, even if they are not the same and even if the goods or services are not the same. A likelihood of confusion may exist where the goods and services are related.
For example, a company making Vera brand scarves sued a company selling Vera brand cologne. The court noted that the makers of Halston cologne also made Halston scarves, and that both products were sold on the same floor of a department store. A likelihood of confusion was established since a customer could reasonably believe that Vera cologne would have the same source as Vera scarves. Therefore, the Vera cologne makers had to “cease and desist.” In contrast, in an old but classic case, Cadillac division of General Motors sued the makers of Cadillac dog food. The court did not believe that people would think that dog food would come from a motor vehicle manufacturer.

It is a good idea to research the rights of others before introducing a trademark into the marketplace. Having to change a trademark can be very expensive in terms of replacing products and advertising and also in terms of having to reestablish a new brand name. Getting the proper professional services will reduce the level of risk associated with a new trademark.
Registration is often sought because registered trademarks provide stronger rights and are easier to enforce. A number of different forms of registration are available, each with different costs and benefits. Individual states provide state trademark registrations. The United States Patent and Trademark Office administers the well-known federal trademark registration denoted by the ® symbol. United States trademark owners may file international trademark registration applications based on their United States applications.

The U.S. Embassy in Mexico City has suspended processing of the approximately 5100 non-immigrant visa appointments scheduled Monday, April 27 through Wednesday, April 29. In the US, All USCIS offices remain open for business. Applicants should plan to attend all previously scheduled appointments, interviews and ceremonies unless they are feeling ill. It seems that re scheduling due to illness is a perfectly acceptable reason.

There are no reports of problems to enter the US from Mexico, no refusals due to Swine Flu issues as of now. But this may well change as the issue develops.

Follow the WHO updates here

Recently, the Department of State released revisions to Section 40.11 N14.3 of the Foreign Affairs Manual regarding procedures for Nonimmigrant Visa (NIV) HIV Waiver Authorization. DOS released a checklist for individuals applying for a Non Immigrant HIV Waiver. The checklist is used in DOS' new streamlined NIV waiver process, which allows individuals to certify to the list of conditions for obtaining the waiver as opposed to having to bring independent evidence to the consulate. Click here for checklist Download file

We welcome the changes and hope that this will improve America's Image in the world, encouraging more visitors to come.

The Texas Border Sheriff's Coalition (TBSC) has installed video cameras mostly on private properties on the Texas border and made the streaming video on its BlueServo.net website. People can register on the site for free as "Virtual Texas Deputies" to monitor the live video and anonymously report suspicious activities via e-mail to border sheriffs.

Thousands of people are now virtual Border Patrol agents — and they're on the lookout for drug smugglers and illegal immigrants.

On Blueservo's Web site, each camera focuses on an area that's known for illegal crossing. Next to a real-time view of a grassy meadow is the message: "Look for individuals on foot carrying backpacks." A shot of a border highway says, "If you see movement from the right to the left, please report this activity."

When a citizen spots suspicious activity, they click a button on the Web site and write a report. That message goes to the corresponding sheriff's office. The sheriff may handle the problem or call the U.S. Border Patrol.

Do you feel that the program is a harmless way for volunteers to pass the time, or is the program simply a waste of time, money and resources? Feel free to share your thoughts.

In the past 4 weeks we have seen a strange and concerning trend from the California Service Center. Denials of Tourist visa extensions as well as student visa requests. Normally, the Service must issue a request for evidence or at least a notice of intent to deny, in order to allow the applicant an opportunity to explain. This trend looks like a a pattern to deny all such cases. Why are they doing this, we are still waiting to find out. The American Immigration Association Lawyers are reporting many denials of I-539s (COS from H-1B to B-1/B-2 or B-1/B-2 extensions) without RFEs (request for evidence) or NOIDs from the California Service Center since early January.

We ask readers to report such denials so we can forward this information to our association liason unit. AILA is collecting this for informational purposes to present to the Service Center, so we can stop this practice once and for all. Please email us your comments.