Visa Lawyer Blog

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This system started in late March. This is an initiative that allows individuals in the United States to check their employment eligibility information without charge.

The self check allows individuals to become aware of any inaccuracies in their records. The workers can address incorrect information and seek to resolve any mismatches or inconsistencies before applying for jobs. Most employers are not required to utilize the E-Verify system, however, participation by employers is becoming more common.

There are 4 steps in the system: entry of biographic information by the user; confirmation of identity; entry of work eligibility information such as Social Security number or Alien Registration number; and receipt of employment eligibility information based on the information found in the databases of the Social Security Administration (SSA) and the Department of Homeland Security (DHS).

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On August 18, 2010 we were the first to report the new trend coming from some local Immigration offices, mainly San Diego, regarding Visa Waiver overstay Issues. Click here to read the post as well as the Adjustment of Status denial we posted that same week.

We are happy to report that we were able to overturn the Appeal denial of that same case a few weeks ago, making this one of the only visa waivers approvals since this new policy started in July. While this is a small victory for us and our clients, the Visa Waiver overstay denial policy still continues in San Diego at this time.

Due to some of publicity efforts, National Public Radio and KPBS covered this story this morning, click here to listen online.

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We has learned that the USCIS hold on adjudication of cases involving same-sex partners has been lifted. An announcement by immigration officials in Washington on Monday that they were delaying decisions on some immigration cases involving gay couples led to a surge of expectations among gay advocates that the Obama administration had taken a small but significant step toward recognizing same-sex marriage.

But now, immigration officials moved swiftly to clarify their position and dampen those hopes, saying they have not made any policy changes that would provide an opening to gay couples. The episode added to the legal confusion that has followed the administration’s determination last month that the law that bars the federal government from recognizing gay marriages, the Defense of Marriage Act, is unconstitutional.

According to Immigration Equality Memo released today, until DOMA is repealed or until there is a final court decision, it is the obligation of the Executive branch to comply with and enforce the law.  Recent statements by DHS re‐iterate this enforcement message; therefore, if a USC or LPR files an I‐130 immigrant visa petition on behalf of his or her partner, it will be denied.   

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This just came in, Charlie Oppenheim, the Chief of the U.S. Department of State’s Immigrant Visa Control and Reporting Division, has confirmed a dramatic reduction in the use of EB-1 immigrant visa numbers and the resulting favorable effect on the EB-2 category for immigrant visas chargeable to India.

Due to a consistent reduction in demand since October 2010 for EB-1 immigrant visa numbers, the otherwise unused numbers will “drop down and be available for use in the EB-2 category.” According to Mr. Oppenheim’s comments, that could mean that a potential 12,000 additional numbers will be available to the EB-2 category. This situation will most likely result in an advance of the India EB-2 cut-off date for May’s Visa Bulletin. The reason for this effect on the EB-2 category is that “otherwise unused numbers are provided strictly in priority date order, and the India demand has the largest concentration of early dates.”
We will keep you posted.

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As the H1B filing deadline approaches, lawyers and employers are scrambling to get the cases ready for filing on April 1. Our office sure is in a state of war as stacks of H1B files are moving between the copy machines into organized FEDEX envelopes.

This is a last minute tip from the USCIS Vermont Service Center (VSC) that will be receiving cases along with the California Service Center.

Officials from VSC confirmed that the “in process” screen shot from the Department of Labor (DOL) website indicating that a PERM application remains pending still is the best evidence to document eligibility for H-1B extensions under AC21 §106(a). If an application is under appeal or reconsideration and the status has not been updated on the DOL website, VSC has and will continue to accept copies of e-mail correspondence or affidavits from counsel or the employer attesting that a request for review/reconsideration or appeal of a denied labor certification has been filed with DOL. For correspondence sent by courier, it also is helpful to include the tracking report evidencing delivery to DOL.

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Birth Tourism is a hot topic right now. How do I know? Reporters keep calling me asking about this topic with great interest.

The latest story was covered by the daily. The Daily is new type of media exclusively created for the ipad and provides cutting edge news with amazing content delivery. You have to try it to appreciate.

The latest story that I was part of is about Mothers coming to America to give birth. Millions of foreign tourists visit the United States every year, and a growing number return home with a brand new U.S. citizen in tow. Every year millions of foreign tourists visit the United States, and a growing number return home, after having given birth to a new baby.

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Great story, another example how the illegal immigration debate is now a big part of our culture.

In 1993, when I was 14, I became a regular on “Sesame Street.” The show usually liked to have a teenager on, so that was me. My character had my same name, Carlo, and eventually I got a job at Mr. Hooper’s store. I had to make a birdseed milkshake for Big Bird, that was my tryout. I ended up appearing on “Sesame Street” for five years. But the whole time, I had a secret: I was an undocumented immigrant. The papers I’d used to get hired were fake.

My family had come from Ecuador when I was seven and my older brother Angelo was nine. We came on a tourist visa, and the moment my parents had gotten it, we knew we were not coming back. They sold all our furniture before we left.

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Ninety-five-year-old Leeland Davidson discovered recently that he’s not considered a U.S. citizen, despite living nearly 100 years in the country and serving in the U.S. Navy during WWII.

A similar thing happened to one of our clients that tried to apply for work with the Federal government at the age of 25. He could not get verification for his Citizenship. Eventually his other confessed he was brought over as a 3 year old illegally. But the Vet’s story is even more interesting.

Davidson, from Centralia, Washington, told KOMO News that he discovered he wasn’t a U.S. citizen when he was turned down for an enhanced driver’s license he needed for a trip to Canada to visit relatives.

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A new bill — introduced by Senators John Kerry, a Massachusetts Democrat; Richard Lugar, an Indiana Republican; and Mark Udall, a Colorado Democrat — aims to give two-year visas to foreign entrepreneurs if they secure at least $100,000 in financing from qualified investors. After two years, the start-up must have at least five employees and $500,000.

The new legislation provides visas to the following groups under certain conditions:

1. Entrepreneurs living outside the U.S.—if a U.S. investor agrees to financially sponsor their entrepreneurial venture with a minimum investment of $100,000. Two years later, the startup must have created five new American jobs and either have raised over $500,000 in financing or be generating more than $500,000 in yearly revenue.

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This was expected and here is the latest update. The U.S. Department of Labor’s Employment and Training Administration and its Wage and Hour Division today announced the publication of a proposed rule that seeks to improve the H-2B temporary nonagricultural worker program. The proposed rule, to be published in the March 18 edition of the Federal Register, includes changes to several aspects of the program to ensure that U.S. workers receive the same level of protections and benefits as temporary foreign workers recruited under the H-2B program, and to provide better access for employers with legitimate labor needs.

The H-2B nonimmigrant visa program permits employers to hire foreign workers to come to the U.S. and perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent and there are no qualified and willing U.S. workers available for the job. Note that this visa is not available for “temporary” agencies or other work placement agencies.

There is a 66,000 per year limit on the number of foreign workers who may receive H-2B status during each USCIS fiscal year (October through September). The process for obtaining H-2B certification is similar to, but less extensive and time consuming, than permanent certification. You are eligible for the H-2B Visa provided that you have a valid job offer from a US employer to perform temporary or seasonal non-agricultural work and that you intend to return to your home country on expiration of the visa.

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