Visa Lawyer Blog

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Sergio Garcia’s long fought story may be coming to an end soon. The 35 year old earned his law degree three years ago and passed the bar exam on his first try. As great an accomplishment as this is, Garcia is still pursuing the right to a lawyer’s license because of his immigration status, in flux since 1994 when he returned from Mexico to rejoin his family and finish high school. Garcia has wanted to be a lawyer since he was 10 and never imagined that simple dream would be so complicated.

Thanks to the nation’s wrenching debate over illegal immigration, it has now engulfed Garcia’s path to success. He is at the center of an unprecedented California Supreme Court case that will determine whether the state bar can grant an undocumented immigrant a card to practice law in California.

“I hope the California Supreme Court will let me move on with my life,” Garcia told the Daily Democrat during a day of interviews around his hometown. With the Florida Supreme Court recently taking up a nearly identical case, the issue has inflamed both sides of the immigration conflict and may draw the Obama administration into the fray. Among other legal questions, the California Supreme Court has asked the U.S. Justice Department to address whether federal law precludes the state from granting a professional license to an illegal immigrant.

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USCIS has recently published Questions & Answers on EB-5 Economic Methodologies. This Q&A document prepared by two USCIS economists came after a 6/22/12 public engagement where stakeholders sought clarification on issues related to hotel/resort development & acquiring real estate related to EB-5 program.

Two of the primary questions raised at the public engagement that needed clarifications were in regards to EB-5 projects involving Hotel or Resort Development and acquiring Real Estate.

When EB-5 petition is filed through a Regional Center, employment requirement can be fulfilled by creation of indirect jobs. Thus, if funds are invested through a Regional Center, the EB-5 requirement of creation of at least 10 full-time jobs can be satisfied through showing that as a result of the EB-5 investment 10 indirect jobs were created. These 10 jobs do not have to be directly related to the EB-5 project and can, for example, include jobs created at other businesses as a result of the EB-5 project being developed.

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More changes coming. The U.S. Department of Labor (DOL) recently published a proposed revision of ETA Form 9035 and its instructions. Form 9035 is more commonly known as the Labor Condition Application (LCA), and is required for all H-1B, H-1B1, and E-3 visa petitions. The proposed revisions would, among other things, limit the maximum number of workers who could be covered on a single LCA to no more than 10, and require that the intended worker(s) be identified by name on the LCA form prior to filing.

These are significant changes. The current rules allow a single LCA to cover hundreds of workers, and there is no requirement that there be any worker-identifying information on the LCA. In addition to the proposed revisions to the ETA 9035, the DOL also released a proposed version of Form WH-4, which is used by the DOL’s Wage and Hour unit to collect complaints of possible violations of the H-1B, H-1B1 and E-3 visa programs.

The DOL indicates that the proposed changes in data collection are intended to improve enforcement and investigation of LCA violations. The DOL will accept comments on the proposed form and its changes until September 7, 2012. Expect even more delays in the preparation and filings of LCA, guess it will also affect the timing for getting H1B’s filed by the deadline. We will keep you posted.

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According to the Center for American Progress the Deferred Action Order will be good for the economy, here is Why?

The policy makes good economic sense in addition to the self-evident humanitarian reasons for letting undocumented youth remain in the country, work, and live with legal status. The following are the top five ways the president’s announcement will benefit our economy.

It will promote economic growth for all Americans

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I am currently in Israel enjoying a much needed vacation. The upcoming E2 visa for Israelis is a hot topic around here, and once people know what I do, the questions start coming.

During my stay here, I have communicated with the Israeli Embassy in Tel Aviv, in an effort to get some answers about the future filing process. I have to say that this Embassy is one of the most efficient to respond and communicate back, and I am sure it will be very useful in the future.

This is the response i received from this post:

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The Fourth of July is a truly special day and means a lot to most American citizens. bit for those that aspire to become American one day, this day means so much more. This is a great article posted on Huff Post today, read more.

When I was an illegal immigrant I celebrated Independence Day as if it were a spiritual holiday. In the charged rhetoric about Latino immigration our national conversation could benefit from re-imagining our unalienable rights. Our values and moral compass would be deepened by viewing the pursuit of life, liberty and justice through the lens of our mutual pursuit of inter-dependence.

The ideal and promise of equality is more than a holy grail. Our founding document galvanizes the aspirations and hopes of immigrants and new citizens. We believe in the promise. Like U.S. citizens, we do not wish for a promised land in some after-life. We expect to be full citizens, inter-dependent with Americans of every stripe in the present, rather than cheap shots for uncourageous hapless leaders.

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The share of U.S. small businesses owned by immigrants has expanded by 50 percent since 1990, with almost one-fifth of business owners born outside the country. The number of foreign-born business owners has increased in tandem with the immigrant workforce. Immigrants made up about 9 percent of workers in 1990 and 12 percent of business owners with fewer than 100 employees, according to the report, which analyzed U.S. Census data. In 2010, the foreign-born share of the workforce had grown to 16 percent, and immigrants made up 18 percent of small business owners.

According to the New York Times, Immigrant entrepreneurs are concentrated in professional and business services, retail, construction, educational and social services, and leisure and hospitality. They own restaurants, doctor’s offices, real-estate firms, groceries and truck-transportation services. More of them come from Mexico than any other country, followed by Indians, Koreans, Cubans, Chinese and Vietnamese. California has the highest percentage of immigrants among small-business owners at 33 percent, followed by New York (29 percent), New Jersey (28 percent), Florida (26 percent) and Hawaii (23 percent).

A new study from the Fiscal Policy Institut rousingly affirming the centrality of immigration in the American economy, the study exposes a fault line running through the Republican Party, which mythologizes small-business owners while treating immigrants with hostility bordering on fury. Something to think about.

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This issue of criminal offenses and who may be excluded because of this from the Deferred Action changes, is a subject of concern for many people. The American Immigration Council issued a Guide on the subject and you can see a discussion below on this subject.

Individuals are not eligible for deferred action if they have been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety. The FAQ issued by DHS provides important information regarding how these categories will be defined.

A “felony offense” includes any federal, state or local criminal offense punishable by imprisonment for more than one year. Thus, some state misdemeanor offenses may be characterized as felonies for purposes of the new memorandum.

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Recently we have seen many cases where Tourist Visa B2 extensions were denied by the Service. The rise in denials is concerning, but how can you increase your chances to get approved. Our very own Attorney Nadia Galash shares her experience in fighting B2 Tourist Visa denials.

Based on our experience working with responses to USCIS’s requests for additional evidence and motions to re-open/reconsider USCIS denials of requests for extensions on behalf of our clients, We can see that some factors are more important to prove to USCIS than others. Below is the overview of the requirements that any applicant should follow.

A B Visa visitor may apply for extensions of stay in six month increments. An extension of stay may not be approved if the extension was filed after the previously accorded status expired which may be excused at the discretion of USCIS. Extensions are not available to people who entered on visa waivers.

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Arguing against immigration policies that force foreign-born innovators to leave the United States, a new study to be released on Tuesday shows that immigrants played a role in more than three out of four patents at the nation’s top research universities.

Conducted by the Partnership for a New American Economy, a nonprofit group co-founded by Mayor Michael Bloomberg of New York, the study notes that nearly all the patents were in science, technology, engineering and math, the so-called STEM fields that are a crucial driver of job growth.

The report points out that while many of the world’s top foreign-born innovators are trained at United States universities, after graduation they face “daunting or insurmountable immigration hurdles that force them to leave and bring their talents elsewhere.”
The Partnership for a New American Economy released a paper in May saying that other nations were aggressively courting highly skilled citizens who had settled in the United States, urging them to return to their home countries. The partnership supports legislation that would make it easier for foreign-born STEM graduates and entrepreneurs to stay in the United States.

But some worry that the partnership’s ideas for immigration reform would undermine similarly skilled American workers while failing to address broader problems with immigration policy.

“No one is asking what is in their best interest, the American worker,” said Eric Ruark, director of research for the Federal for American Immigration Reform, an advocacy group that is pushing for reduced immigration. “It’s what is best for the employers. What is best for the foreign workers. It’s not as if the foreign workers aren’t skilled. What’s being ignored is we already have a domestic work force that has the same skills.”
The most recent study seeks to quantify the potential costs of immigration policies by reviewing 1,469 patents from the 10 universities and university systems that had obtained the most in 2011. The schools include the University of California system, Stanford and the Massachusetts Institute of Technology.

Patents, the study maintains, are a gauge for a nation’s level of innovation and an important way for the United States to maintain an edge in STEM fields.

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