Visa Lawyer Blog

Articles Posted in Policy

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The American Immigration Lawyers Association (AILA) recently released a report helping foreign workers and their employers answer the following question:

Where on the ETA Form 9089 should the employer enter the foreign worker’s qualifications which show that the foreign worker does in fact meet the minimum requirements to perform the job opportunity?

Such qualifications may include certifications, licensures, or other credentials. The ETA Form is meant to establish whether the foreign worker meets all of the qualifications for the job opportunity offered by their employer. The employer must list the foreign worker’s specific skills and other requirements for the job opportunity they are offering in Section H Question 14, and demonstrate that they in fact possess those skills and or requirements by utilizing Section K, and listing the foreign worker’s qualifications to prove that the requirements for the specified job opportunity listed in Section H have been met. Examples of qualifications that can be provided in Section K are; bar admissions, medical residency, ordination, professional exams, medical board certifications, professional certifications, teaching certificates, university or professional coursework, professional insurance, etc. For each special skill or requirement listed in Section H, the employer must demonstrate its respective business necessity. If not listed elsewhere, the qualifications to fulfill the job opportunity should be entered after all jobs held in the past three years are listed under Question 9 Job Details. It is advised that Question Numbers one to eight requesting job information can be left blank.

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USCIS recently announced new policy changes regarding Form I-693, Report of Medical Examination and Vaccination Record. Starting June 1, 2014, USCIS has limited the validity period for all Forms I-693 to one year from the date that USCIS receives the form. This updated policy applies to any Form I-693 supporting a benefit application that USCIS adjudicates on or after June 1, 2014.

If you are applying for adjustment of status, you may submit Form I-693 in one of the following ways:

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For many, the American Dream has proved to be far beyond reach. This is the story of our client, Rafael Espinoza Iniguez, as told by his wife, Maria:

Life, Liberty, and the Pursuit of Happiness are birth rights our government sought to protect through a living breathing document known as the Declaration of Independence. These “inalienable rights” have been challenged at times by life’s many obstacles and ironies, some of which are brought about by medical conditions, which are alleviated by research institutions, by economic difficulties, which are alleviated by charities, by social pressures, which are alleviated by advocacy groups, and by injustices, which are alleviated by our government; the institution which has declared to protect our rights as citizens. Our government was designed in its inception as a progressive government by our founding fathers, who were dissatisfied by the tyranny of monarchies, and created this nation with the goal of establishing a just government, recognizing the rights all human beings are entitled to. And so, in pursuing our own life, liberty, and happiness, this is our family challenge:

To present our story in order to advocate for comprehensive immigration reform that will allow entrance into the United States for law abiding and deserving individuals, who have come to this great nation in the pursuit of that same happiness our founding fathers were in search of. 

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Secretary of the Department of Homeland Security Jeh Johnson

On June 05, 2014 the Secretary of the Department of Homeland Security, Jeh Johnson, announced the renewal process for enrollment in the program, Deferred Action for Childhood Arrivals (DACA). Effective immediately, USCIS will begin to accept renewal requests, as well as initial requests from DACA applicants who have not yet benefitted from the program. The first DACA applications that were approved by USCIS will expire in September 2014. USCIS recommends that initial DACA approved applicants file their renewal requests approximately 4 months before their current DACA expires. Following the renewal process, these applicants will be able to remain lawfully present in the United States and apply for an employment authorization valid for up to 2 years. According to USCIS, more than 560,000 applicants have already been approved under DACA since April of this year. The Secretary of the Department of Homeland Security, Jeh Johnson, added that children who crossed the border illegally with their parent(s) in search of a better life, should not be punished as adult offenders and should thus receive different treatment, given that they did not have a choice in the matter.

NOTE: Individuals who have not resided continuously within the United States since June 15, 2007 are not eligible to apply for DACA.

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On Tuesday May 6, 2014 the Department of Homeland Security announced the publication of two newly proposed rules designed with the purpose of attracting and retaining highly skilled foreign workers. Both initiatives seek to advance the United States economy and improve competitiveness by recruiting the best and brightest professionals the world has to offer.

Proposal to Extend Employment Authorization to Spouses of Certain H-1B Workers:

The first proposal allows spouses of certain H-1B workers to extend their employment authorization in the United States

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The Law Offices of Jacob J. Sapochnick bring you the most recent developments in immigration policy at the judiciary level. We express our concern at the hesitation the federal judicial system and our federal legislative system has shown in their reluctance to address the issue of comprehensive immigration reform. Recently, two appeals have come before the Supreme Court from the towns of Hazelton in Pennsylvania and Farmers Branch in Texas. These appeals are important because they signal a conflict that has arisen time and time again between state and federal judiciaries regarding immigration policy. Such conflict can only be rectified by calling upon the national government to take a firm stance in clearly delineating immigration law, ultimately setting a precedent for state judiciaries to follow.

Fortunately, the federal government has begun to feel the pressure from the people in hearing such appeals. These appeals clearly bring the issue of comprehensive immigration reform to the forefront specifically in the cases of City of Hazelton v. Lozano (13-531) and City of Farmers Branch V. Villas at Parkside Partners (13-516).

City of Hazelton v. Lozano and City of Farmers Branch v. Villas at Parkside Partners

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Beginning September of 2012, USCIS began granting what is known as deferred action to children who arrived to the United States before reaching the age of 16, having met other various requirements. Eligible deferred action applicants received an employment authorization good for a period of up to two years from USCIS. Applicants who applied for deferred action early on are now facing the expiration of their initial two year employment authorization granted to them by USCIS. Due to this, a DACA renewal process is currently underway, giving qualified applicants the opportunity to request and extend their deferred action, in order to avoid unlawful presence in the United States and be able to continue their employment. Details regarding the renewal process will be released in late May 2014, at which time USCIS anticipates that Form I-821D will be used for the dual purpose of initiating DACA petitions and renewal requests. All DACA applicants who wish to file a renewal request must wait until USCIS releases the new form designated for that purpose. Applicants that wish to file an initial deferred action request and not a renewal, can continue to file using the form currently available.

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Recently, the Federal Register published two new exemptions to the Immigration and Nationality Act on Wednesday by the Departments of Homeland Security and State mean that who provided “insignificant” or “limited” material support for terror groups will no longer be automatically denied eligibility from asylum or refugee status.

An unknown number of people currently in the process of being deported, as well as about 3,000 people with pending asylum cases will be affected by this rules change. It will likely help Syrian refugees who would otherwise be blocked from receiving U.S. aid by the existing rules.
The new exemptions apply to “limited material support.” A DHS spokeswoman reported that the term is defined as “material support that was insignificant in amount or provided incidentally in the course of everyday social, commercial, family or humanitarian interactions, or under significant pressure.”
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Reactions to the release of the House GOP leadership’s principles for immigration reform  tended more toward cautious praise for releasing something as a starting point, but with serious doubts about the shortcomings of the actual policy proposals. Because these principles are guidelines—without specific  detail—“cautious optimism” is probably the healthiest approach to take in understanding what the document means for reform. Summarizing what the document says doesn’t take long; understanding its nuances, particularly its omissions and departures from the past, requires a bit more digging. In reality, this new document should not be read as an unwavering set of principles, but rather  as a list of expectations and strategic choices. The first half, dealing with enforcement contains no real surprises, but the second half is full of them.

There is much rhetoric about the necessity of securing our borders and creating a zero-tolerance policy for people who violate our laws in the future. These standards endorse the use of an electronic work site verification program and the full implementation of an entry/exit registration program for tracking arrivals and departures to and from the U.S. They emphasize the necessity of enforcement of laws first, before turning to any more positive reforms. Ultimately, the enforcement section of the document merely repeats the idea that we must be able to measure enforcement successes and thwart efforts to get around the law.

The second half of the GOP stance is far more interesting, as it emphasizes rewarding hard work and merit, and puts a premium on outcomes. The authors declare that the legal immigration system needs to be reformed to avoid an over reliance on family ties or luck; instead, they prioritize rewarding foreign students who can contribute to the economy and meeting the needs of employers. Similarly, temporary work programs, particularly in agriculture, have to provide realistic and predictable means of entry to the U.S., without harming the interests of native-born workers. It is striking how the emphasis on finding a way to use the immigration system to improve the economy is an acknowledgment of the importance of immigration that has been lacking in the past.

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On November 15, 2013, a new policy was issued to allow undocumented spouses, children, and parents of active duty and former members of the U.S. armed forces, the selected reserve of the ready reserve, to enter or continue staying in the U.S. after approval of parole request.

The purpose of the new policy is to relief the stress and anxiety of active members of the U.S. armed forces and individuals serving in the selected reserve of the ready reserve and veterans because of the immigration status of their family members in the U.S.

The first issue addressed in the Policy Memorandum (PM) is whether parole in place should be granted to certain family members of active duty members of the U.S. military troops and veterans. The answer is yes. However, counsel needs to point out here that although immediate relatives of active military troops and veterans are allowed to make parole request, the decision whether to grant parole is discretionary. The fact that the individual is a spouse, child or parent of an Active Duty member of the U.S. Armed Forces, an individual in the Selected Reserve of the Ready Reserve or an individual who previously served in the U.S. Armed Forces or the Selected Reserve of the Ready Reserve, weighs heavily in favor of parole in place. Criminal records or other serious adverse factors will also be part of the discretion for such an individual.

The other issue addressed in the PM is what the effects of parole are. The new policy will allow those undocumented family members to qualify for green cards through adjustment of status. Normally, to do adjustment of status, the person needs to be legally admitted in the first place. The new policy overcomes this requirement for those immediate family members of the U.S. military troops and veterans who entered without inspection and do not possess legal status. The alien must still satisfy all other requirements of a change of status though.

Once parole is granted, the undocumented alien is eligible to apply for an employment authorization document or EAD, which would allow them to work and pay taxes and to travel abroad for legitimate business or personal reasons, and then after reentering the U.S. to be essentially cleansed of such prior immigration violations as entry without inspection or failure to depart when required.

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