In the wake of protests on Department of Homeland Security (DHS) prosecutorial discretion for removal cases, DHS Secretary Janet Napolitano announced a new process for implementation of the June 17, 2011, prosecutorial discretion memorandum. The letter included a background two-pager. From the background two- pager – “the new interagency process…
Visa Lawyer Blog
Federal Policy Resulting in Wave of Deportations Draws Protests
A program that is central to President Obama’s immigration enforcement strategy has drawn protests by Latino and immigrant organizations in six cities in the last two days, as those groups stepped up their confrontation with the administration over the fast pace of deportations. In Los Angeles, about 200 immigrants and…
A Guide to H-1B and Green Card Reform
There is bipartisan interest in Congress in reforming high-skill immigration. New legislation is on its way, and here’s what to watch for. What bills have been introduced or are coming? In the House, the most important Democratic initiative is from Zoe Lofgren (D-Calif.), whose district includes Silicon Valley. Her bill…
H1B Visa Attorney – Site Visit (FDNS) Fraud Detection and National Security Verification Questionnaire Sample
The following sample questionnaire was released by AILA for the benefit of H1B employers. U.S. Citizenship and Immigration Services (USCIS), through its Office of Fraud Detection and National Security (FDNS), has implemented an on-site audit program that subjects H-1B employers to random site visits to verify information provided in H-1B…
San Francisco Gay Married Couple Loses Battle With Immigration
Citing the Defense of Marriage Act, the Obama administration denied immigration benefits to a married gay couple from San Francisco and ordered the expulsion of a man who is the primary caregiver to his AIDS-afflicted spouse. Bradford Wells, a U.S. citizen, and Anthony John Makk, a citizen of Australia, were…
The House Passes Two Immigration Bills before Recess
Last week, the U.S. House of Representatives passed two immigration bills before members left for their summer recess. The first bill, H.R. 398, was sponsored by House Immigration Subcommittee Ranking Chair Zoe Lofgren (D-CA) and would amend the law that stipulates a 90-day period during which time an alien and…
Illegal Immigration Bills Keep State Legislators Busy in 2010-2011
State lawmakers considered a record number of immigration-related bills this year, highlighting their continued frustration with federal government inaction on immigration laws, according to the National Conference of State Legislatures. A total of 1,592 bills were introduced in all 50 states and Puerto Rico in the 2011 legislative session that…
National Interest Waiver Attorney – The Entrepreneur National Interest Waiver Category!
Recently, USCIS published new guidelines for the Employment Based Second Preference (EB-2) Immigrant Visa Category. In particular the new guidelines outline how Entrepreneurs can apply under the National Interest Waiver under this visa category. An Entrepreneur qualifies under this category in two ways, as a person holding an advanced degree,…
H1b Visa Attorney – Q & As on Employer-Employee Relationship for H-1B Petitions Update
USCIS updated the Q & A document on employer-employee relationships for the purpose of determining H-1B eligibility. This updated Q & A follows from the memo entitled, “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements. The updated Q & A document addresses several key points of…
USCIS Director Mayorkas Discusses Encouraging Entrepreneurs and Highly Skilled Workers to Spur U.S. Economy and Job Growth
USCIS Director Alejandro Mayorkas discusses on the official USCIS blog, The Beacon, how current immigration policies will spur job growth and bolster the U.S. economy. The United States has a long, rich history of welcoming innovative entrepreneurs and skilled workers into our country. These men and women fuel our nation’s…