Visa Lawyer Blog

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Earlier this year, California DMV has started issuing AB 60 driver licenses, which are available to California residents regardless of their immigration status. This change became effective on January 1st, 2015.

AB 60 driver’s license can be used for personal identification and gives the right to legally drive in California but does not grant any other privileges. An AB 60 driver license looks the same as a regular driver’s license except for one feature. In the right corner, there is a pre-printed notation “Federal Limits Apply”.

If you want to get AB 60 driver license, you need to prove your identity and residency in the State of California, pass the knowledge tests and behind-the-wheel driving exams. In order to apply for AB 60 driver’s license, you need to make an appointment or visit DMV office.

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On Monday February 16, 2015 Judge Andrew Hanen of the U.S. District Court in Brownsville, Texas issued a preliminary injunction temporarily preventing President Obama’s executive actions on immigration (expanded deferred action) from going forward. The injunction does not make Obama’s executive actions illegal, however it does prevent the Obama administration from implementing expanded DACA and DAPA until the courts determine the constitutionality of the executive actions announced by Obama on November 20, 2014. According to Judge Hanen, 26 states brought the suit to his attention, all of whom he determined had standing to sue. A lawsuit against President Obama is expected to move its way through the court system in the coming months. The injunction claims that the President lacks the constitutional power to make such executive actions. As a result of the injunction, USCIS will no longer accept applications for DACA on February 18th the date that USCIS initially announced it would begin to accept applications. Additionally, plans to accept requests for DAPA will be suspended until further notice.

The Secretary of Homeland Security, Jeh Johnson announced that while he disagreed with the injunction, that the Department of Homeland Security would be forced to comply. Nevertheless, the Department of Justice plans to appeal on behalf of the federal government.

Will the court order affect existing DACA?

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Father Holding Daughter's Hand

What is DAPA? DAPA allows eligible applicants, who do not have a criminal history, and who do not otherwise pose a threat to national security, to request deferred action having met certain conditions for a period of up to three years. DAPA allows parents of US Citizen or lawful permanent resident children to be granted an employment authorization card. DAPA also safeguards individuals against deportation.

To qualify under Obama’s executive action, an undocumented parent of a U.S. Citizen or lawful permanent resident child must meet the following conditions:

  • The applicant must have lived in the United States continuously since January 01, 2010 to the present
  • The applicant must have had a son or daughter on November 20, 2014 irrespective of age or marital status, who is either a US Citizen or lawful permanent resident
  • The applicant must have been physically present in the United States as of November 20, 2014, the date of President Obama’s announcement
  • The applicant must have had no lawful status on November 20, 2014, the date of President Obama’s announcement
  • The applicant must have been physically present in the United States on November 20, 2014 and at the time of requesting DAPA with USCIS

If you have been convicted of any of the following you may not be eligible for DAPA:

  • Felony
  • Misdemeanor or three or more other misdemeanors
  • Are a threat to national security
  • Are an enforcement priority for removal

When Can I Apply? Currently applications are not being accepted, however USCIS has indicated that requests for DAPA will begin to be accepted in mid to late May of this year.

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USCIS has recently announced that applications for expanded Deferred Action for Childhood Arrivals (DACA) will begin to be accepted starting February 18, 2015. Applications will not be accepted before this date. President Obama has expanded the population eligible for DACA to unlawful individuals who entered the country before the age of 16, and who have continuously resided in the United States since January 01, 2010 regardless of their current age. The expanded DACA program will grant eligible applicant’s an employment authorization card and ‘deferred action status’ that is good for a period of three years. Previously, DACA was only good for a period of two years, had stricter age and residency requirements.

How is the Expanded DACA program different?

  • The initial DACA program was only good for a period of two years, now it is good for a period of three years
  • Expanded DACA removes the requirement that an individual must have been born before June 15, 1981
  • Expanded DACA removes the requirement that individuals must have resided in the United States continuously since June 15, 2007, the new marker is January 01, 2010

To be eligible for the Expanded DACA program you must meet the following requirements:

  • You must have entered the United States before 16 years of age
  • You must have continuously resided in the United States since January 01, 2010, up to the present time
  • You can be of any current age to benefit
  • You must have had no lawful status on June 15, 2012
  • Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS
  • Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Education Development (GED) certificate, or are an honorably discharged veteran of the U.S. armed forces or U.S. Coast Guard; and
  • Have not been convicted of a felony, significant misdemeanor or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

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This week the White House announced that President Obama’s executive action on immigration could stimulate California’s economy as much as $27.5 billion. According to White House advisor Cecilia Muñoz, the executive action could potentially increase wages and productivity in one of the country’s largest economies. The White House Council of Economic Advisors estimates the executive action could raise the country’s gross domestic product up to a figure of $90 billion over the next ten years.

This is not surprising given that Obama’s executive action will allow eligible applicant’s to receive employment authorization cards, thereby expanding the labor force and allowing immigrants the flexibility of seeking new jobs that were not previously available to them. A young, vibrant, employed immigrant population is sure to spark innovation and entrepreneurship at a rate that was not previously available with the restrictive DACA program. The order will allow some foreign workers who are occupying high-skilled fields the ability to benefit from employment portability while awaiting their permanent residency status. The acquisition of work permits will allow eligible immigrants to obtain better paying jobs. Higher incomes would result in greater expenditures and therefore a higher amount of taxes paid.

An analysis published by the President’s Council of Economic Advisers (CEA) revealed that the executive actions on immigration would boost economic output by an estimated figure of 0.4 to 0.9 percent over a period of time years, increasing the country’s GDP from $90 billion to $210 billion by 2024. By allowing foreign workers to come out of the shadows, the productivity of the American workforce as a whole will increase, since workers will find jobs that are best suited to their skills and potential. The White House contends that this labor shift will also allow native workers to specialize in jobs that are best suited to their skills and ability. Altogether, greater productivity and a larger workforce will result in: wage increases for all workers, increased tax revenues, and a reduction of the deficit. The analysis makes the claim that the executive actions would not adversely affect employment options for native workers. To read the complete publication please click here.

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By Marie Puertollano, Esq.

Our firm has started to work on H1B visa applications for our clients. We want to be sure none of our clients miss the April 1st deadline. April 1 is the date when H-1B can be filed at the earliest. Only 65,000 visas are available for applicants with a Bachelor’s Degree and 20,000 for applicants with a Master’s degree. Last year, USCIS had received too many applications by April 11. Since the economy is improving, we expect that the H-1B cap will be reached very fast.

Once you apply on April 1, if your case is approved, you can start working on H-1B status as of October 1, 2015.

If you think you qualify for H-1B, here are some steps to follow for a successful H-1B application:

  • First you must have a H-1B petitioner:

You cannot petition yourself for a H-1B, unless you own your own company. A company must petition you, which will include providing their EIN number, signing the different forms and issuing the checks made payable to the U.S Department of Homeland Security. Once the H-1B is approved, the petitioner must abide by the conditions described in the H-1B application and do the proper recordkeeping.

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What is President Obama’s Executive Action?

It is not a path to permanent residency. It is not a permanent solution. It is not an option for felons, undocumented individuals with criminal histories, inadmissibility issues, and recent border crossers. In fact, recent border crossers will be made a priority for deportation under the order. The order also makes border security a number one priority, increasing the chances of apprehension for recent border crossers. If you commit fraud by knowingly misrepresenting or failing to disclose the facts, you may be subject to prosecution or removal from the United States. Always be truthful and careful when presenting information and documentation to USCIS. Eligible immigrants must demonstrate that they have resided in the United States continuously for a period of at least five years. Only immigrants who have been living in the United States for at least five years are allowed to reap the benefits under the executive action. The order grants eligible individuals a temporary status allowing applicants to remain in the United States legally without fear of deportation.

Eligible individuals must be either:

  • A parent of a U.S. Citizen or lawful permanent resident as of the date of the President’s announcement of November 20, 2014, have been residing in the United States continuously for at least five years (beginning on January 01, 2010), must not be an enforcement priority, and not have inadmissibility issues

OR

  • Individuals who arrived in the United States before turning 16 years old and who can prove that they have continuously resided in the United States for at least five years (beginning on January 01, 2010) regardless of their age today. Applicants must not be an enforcement priority and not have inadmissibility issues.

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Capitol
Today, January 14, 2015 the Republican-led House of Representatives made their first step toward attempting to dismantle major provisions of Obama’s executive order, an order which will make millions of undocumented immigrant’s eligible for employment authorization and will prioritize deportations based on criminal history. For those who believe all Republicans will be supporting the vote, think again. Many republicans have voiced their concern in the House, fearing that the GOP will have to endure backlash from the immigrant and more liberal population for many years to come. Democrats have said that they will filibuster the bill, while some reluctant Republicans plan on joining the ranks of the opposition. It is very unlikely that there will be enough votes, for the bill to gain momentum, and of course Obama will not be giving his support by signing the bill. The existence of the bill indicates that there is a lack of consensus between Republicans and Democrats as to what comprehensive immigration reform will look like and how far each party is willing to push the envelope.

The majority of Republicans simply do not believe the order is within the purview of Obama’s executive powers and do not want the President overstepping his boundaries. The bill however is helpful in that it has stimulated much debate between the parties which is exactly what is needed to bring about bipartisan support for comprehensive immigration reform. The House will be discussing the budget it will appropriate to the Department of Homeland Security, which will run out of congressional funding at the end of February. Congress can use the power of the purse to their benefit and withhold financing, in opposition of Obama’s executive order.

All in all, 26 House Republicans voted in opposition to an amendment that would end Obama’s 2012 executive order which allowed undocumented immigrant children, known as Dreamers, to stay in the country legally. The amendment passed 218 to 209, all votes from Republicans. The funding bill for the Department of Homeland Security passed 236 to 191. Further amendments of the bill are expected. What is clear: Republicans are making their voice heard. We will keep you updated on the final outcome in the coming months.

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If you are a foreign national that will be a potential investor or will participate in commercial or professional business activities in the United States, you may qualify for a B-1 Temporary Business Visa by applying through the consulate nearest to you.

Business activities, according to USCIS, that are of a commercial or professional nature include, but are not limited to, the following:

  • Consulting with business associates
  • Traveling for a scientific, educational, professional or business convention, or a conference on specific dates
  • Settling an estate
  • Negotiating a contract
  • Participating in short-term training
  • Transiting through the United States: certain persons may transit the United States with a B-1 visa
  • Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa

There are several eligibility requirements that a B-1 Temporary Business Visa applicant MUST fulfill when they apply for their visa through consular processing. They are the following:

  1. The applicants must demonstrate that the purpose of the trip is to enter the United States for legitimate business reasons
  2. The applicants must demonstrate that they will remain in the United States for a specified temporary period of time to take care of the intended business activities
  3. The applicants must demonstrate that they have sufficient financial resources to sustain themselves and their expenses during their stay in the United States
  4. The applicants must also demonstrate that they have a permanent residence abroad that they do not intend to abandon, as well as provide other proof of ties with the home country
  5. If you have any inadmissibility issues, you must consult with an attorney

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imagePresident Obama closed off the year by announcing his highly anticipated executive action on November 20, 2014 which will go into effect early this year, but the executive action was only one of many important initiatives that occurred in 2014.

2014 was a big year for immigrants for several reasons:

  • AB 60 California Driver’s License Applicants: Beginning January 01, 2015 undocumented immigrants can start the process of obtaining their driver’s licenses under AB 60 at their local DMV field office
  • Executive Action: Beginning February 2015, eligible applicants can apply for the expanded DACA program which shields undocumented individuals from deportation who were brought to the United States illegally as children, our office will be providing you with further updates early this year
  • Beginning May 2015 eligible parents of U.S. Citizens and lawful permanent residents can apply for deferred action thereby protecting them for deportation and allowing millions of parents to be eligible for employment authorization

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