Visa Lawyer Blog

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Senator Chuck Grassley (R-Iowa), the powerful ranking member on the Senate Judiciary Committee and a longstanding advocate of reform of the H-1B temporary visa and other aspects of U.S. high-skill immigration policy, has placed a hold on the “Fairness for High-Skilled Immigrants” bill.

H.R. 3012, the Fairness for High-Skilled Immigrants Act, introduced on September 22, 2011 by Rep. Chaffetz (R-UT), eliminates the employment-based per-country cap entirely by fiscal year 2015 and raises the family-sponsored per-country cap from 7% to 15%.

On 10/27/11, the House Judiciary Committee held a markup and H.R. 3012 was reported favorably out of committee by a voice vote. An amendment from Rep. Lofgren (D-CA) that would make adjustments to the three year phase-in period was accepted. H.R. 3012 must next be scheduled for House floor debate which may occur in the next few weeks. Fairness for High-Skilled Immigrants Act of 2011 House Report 112-292

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On November 9, 2011, USCIS posted for comment the Draft Memorandum on EB-5 Adjudications Policy. The Memo provides clarifications on the current law and policies concerning adjudication of EB-5 petitions. American Immigration Lawyers Association (AILA) provided its comments and suggestions for the Final Memo. AILA pointed out the major issues with the Draft Memo. Attorney Ekaterina Powell from our law office has prepared this summary to address the most important AILA’s comments that hopefully will be considered by USCIS.

New Commercial Enterprise

First of all, of major concern is the definition of a “new commercial enterprise.” The Draft memorandum does not provide clear analysis on what is considered a “new commercial enterprise.” Accordingly, the Memo should be supplemented with the explanation on what business will qualify under the regulations.

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U.S. citizens have been illegally detained throughout Los Angeles County as a result of the Secure Communities immigration enforcement program, a coalition of civil and immigrant rights groups said Wednesday.

The American Civil Liberties Union and others identified four U.S. citizens detained through the fingerprint-sharing program in the last few months, including three identified in November.

“Native-born American citizens are being illegally detained by the Secure Communities program right here in L.A. County,” Rep. Judy Chu (D-Monterey Park) said in a statement. “This is unacceptable.”

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The B1 visa is still a hot and controversial option for business visitors. At the AILA Rome District Chapter conference held in London, representatives of the DOS in London indicated that Consular Officers may no longer be printing endorsements on B-1 visas indicating the basis for issuance of the visa (e.g., B in lieu of H or BILOH endorsements). Instead, Consular Officers will enter information relating to the basis for issuance of the B-1 visa in an online database accessible to CBP officers at POEs (in order to defer such adjudications to CBP):

The following questions were discussed and we are sharing with our readers:

a) Has CBP in Dublin engaged in discussions with DOS relating to this change in DOS

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The Supreme Court on Monday agreed to decide whether Arizona may impose tough anti-immigration measures. Among them, in a law enacted last year, is a requirement that the police there question people they stop about their immigration status.

The Obama administration challenged parts of the law in court, saying that it could not be reconciled with federal immigration laws and policies under the Supremacy Clause. The United States Court of Appeals for the Ninth Circuit, in San Francisco, blocked enforcement of parts of the law in April.

The administration challenged four provisions. The most prominent was a requirement that state law enforcement officials determine the immigration status of anyone they stop or arrest if officials have reason to believe that the individual might be an illegal immigrant. The provision also requires that the immigration status of people who are arrested be determined before they are released.

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There are thousands of employment opportunities all over the United States. But the simple fact is that finding a good job with an employer willing to go through the visa petitioning process can be quite difficult, time-consuming and expensive. Most employers are simply not interested in sponsoring immigrants for visas.

One of the most frequent and difficult questions that international workers ask is “When and how should I tell a prospective employer that I am a foreign worker?” There is certainly no easy or correct answer to this question. Watch our video and hope that you can get some answers here!
https://www.youtube.com/watch?v=nw4CDlpmjpw

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Today, U.S. Citizenship and Immigration Services (USCIS) posted a job announcement and began accepting applications from business experts to serve on the USCIS Entrepreneurs in Residence tactical team. The purpose of the tactical team is to bring business experts in-house to work alongside USCIS staff to ensure that current immigration laws’ potential to attract foreign entrepreneurial talent is fully realized. The tactical team will help develop policy guidance and training tools that support their decision-makers. The Entrepreneurs in Residence initiative provides USCIS a unique opportunity to gain knowledge on how specific industries operate and to use that knowledge to inform USCIS’s policies and practices. Together this will ensure that immigration pathways for foreign entrepreneurs are clear, consistent, and better reflect today’s industry realities.

The Entrepreneurs in Residence initiative is the perfect complement to the changes made to the National Interest Waiver. The new regulations regarding the National Interest Waiver allows an entrepreneur to petition himself because the entrepreneurship is in the national interest and will have such an impact. With business experts working alongside USCIS to provide better guidance in the decision-making process, there is a better chance that a good National Interest Waiver for an entrepreneur will be approved. This is a step in the right direction for bringing more entrepreneurs and foreign investors to the U.S. who want to bring business here that will have a meaningful impact on the economy. Once the initiative commences, we will provide an update on how much it impacts entrepreneurs and their opportunities to bring business to the U.S.

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Now the J1 Visa is on the spot, and for a reason. Secretary of State Hillary Rodham Clinton has ordered an “extensive and thorough review” of a foreign exchange program that has been used by U.S. businesses as a source of cheap labor and exploited by criminals to import women to work in the sex industry.

The J1 Work & Travel Program offers overseas university exchange students a challenging opportunity to intimately experience life and culture in the U.S. during their summer holiday period.

Work & Travel J1 provides international university students the chance to work at entry-level, seasonal jobs in the United States for up to 4 months on a J-1 Visa. Participants are entitled to work, earn money and travel at the end of the work assignment.

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How much do you know about the 10 plus Million illegal immigrants currently living in the United States? How long have they lived among us, who are their parents and more? The Pew Hispanic Research Center released some interesting stats and we are sharing below.

Nearly two-thirds of the 10.2 million unauthorized adult immigrants in the United States have lived in this country for at least 10 years and nearly half are parents of minor children, according to new estimates by the Pew Hispanic Center, a project of the Pew Research Center.

The characteristics of this population have become a source of renewed interest in the wake of former House Speaker Newt Gingrich’s recent endorsement of a proposal to create a path for unauthorized immigrants to gain legal status if they have lived in the country for a long period of time, have children in the U.S., pay taxes and belong to a church. Several of Gingrich’s opponents for the Republican presidential nomination have criticized the proposal as a form of amnesty that would encourage more immigrants to come to the U.S. illegally.

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Today we bring an article posted on NPR from their series titled “In Limbo”. The series of articles focuses on those who are between being legal and being illegal. This article is about Dr. Alfredo Quiñones-Hinojosa. Dr. Quiñones-Hinojosagrew up in the small village of Palaco, Mexico. As a bright young man, he wanted to become a teacher. But he had to overcome many obstacles first, including hunger. “I am not talking about hungry for success; I was literally hungry for food. My stomach was empty,” he says.

Dr. Quiñones- Hinojosa was determined to put food on the table for his family, so he did the only thing he could possibly think of: he literally jumped over a fence between his native Mexico and the United States and became a farm worker in southern California. He started by picking tomatoes, corn and broccoli. Later, he operated dangerous machinery in the fields. But things changed for him after a conversation with his cousin. “The critical portion that got me out of the fields was my own cousin telling me that I was going to spend the rest of my life working as a migrant farm worker,” Dr. Quiñones- Hinojosa says.

He could not imagine that life. He left the fields and headed north. To pay for community college, he shoveled sulfur and scraped fish lard from tankers — an excruciating job that almost cost him his life. His journey then took him to University of California, Berkeley, and later Harvard Medical School. After 10 years, since first jumping over that fence into America, he became a U.S. citizen. Now, Dr. Alfredo Quiñones- Hinojosa is a respected brain surgeon who directs the Brain Tumor Program at Johns Hopkins Bayview Hospital. He says more needs to be done to help those who can follow in his footsteps. “Among people who come to the United States today — whether they come from privileged backgrounds or humble backgrounds — is our next Einstein, is our next Nobel laureate, but we just have failed to identify,” he says.

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