Visa Lawyer Blog

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In Texas proposed House Bill 2012 would create tough state punishments for those who “intentionally, knowingly, or recklessly” hire an unauthorized immigrant. Violators could face up to two years in jail and a fine of up to $10,000.

But unlike any other Bill before this one it has an interesting exception. Those who hire unauthorized immigrants would be in violation of the law — unless they are hiring a maid, a lawn caretaker or another houseworker.

The Texas legislature convenes only once every two years, so Texas has not passed tough anti-illegal immigration laws like some other states. The result has been that unauthorized immigrants in those states are relocating to Texas. Example of other proposed Bills in Texas, one bill would place an 8% surcharge on all money wired from Texas to Latin America. About $480 million could be collected from money sent to Mexico alone, the representative said. The proceeds would be earmarked for state hospitals.

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The Department of State, Office of Visa Services, advises the public of a notable increase in fraudulent emails and letters sent to Diversity Immigrant Visa (DV) program (Visa Lottery) applicants. The scammers behind these fraudulent emails and letters are posing as the U.S. government in an attempt to extract payment from DV applicants. While the DV lottery is a genuine U.S. government program, it is important to know enough about the DV lottery to protect oneself from fraud.

Please note: (1) the DOS does not charge any fees for participation in the lottery program and (2) they also do not advise “winners” (those selected to apply for legal permanent residence) by email. Notification is made by letter only. A genuine notification carries the personal data of the applicant. It does not include blanket requests for basic personal information. Fraudulent notifications sometimes ask for such information.

The DV lottery has an application procedure for participants. If one has not submitted this application through the DOS WebSite, within the established timeframes, one cannot be selected. The DOS does not select individuals at random for this benefit. Fraudulent winner notifications are sometimes received by individuals who have not even applied for the DV lottery.

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U nonimmigrant derivatives may apply to extend status with the VSC when the status was initially granted for less than the three years required for adjustment of status under INA §245(m).

Although the regulations at 8 CFR §214.14(g)(2) contemplate extensions of U derivative status in cases where the derivative is outside the United States and is unable to enter in a timely manner due to consular processing delays, the regulations are silent about extensions of status for U derivatives in other situations.

USCIS has clarified that extensions of status are also warranted where the derivative’s U nonimmigrant adjudication was delayed, resulting in an initial grant of status for less than three years. Because adjustment of status under INA §245(m) requires that the applicant have U status for at least three years, this resulted in some derivatives being ineligible to adjust. The policy memorandum clarifies that VSC can consider delays other than those related to consular processing as a basis for extending U derivative status.

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Something for the weekend.

Saks Fifth Avenue and Oscar de la Renta are among the fashion industry players who are joining Mayor Michael Bloomberg’s coalition for immigration reform and calling for an easier visa process for international workers.

Bloomberg made the announcement Friday, the day after the close of the fall previews at New York Fashion Week. Brooks Brothers, Perry Ellis, Diane von Furstenberg and Malia Mills are also joining the group, which already claims as members chief executives of major corporations including Hewlett-Packard, Disney and News Corp.

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This may not be a big issue but worth reporting. Some of our clients have received information from USCIS that interview appointments are scheduled at the National Benefits Center (NBC). If you receive an I-797 Interview Appointment Notice, e-mail, or update from Case Status Online indicating that an interview is at NBC, please contact the NCSC at 1-800-375-5283 , or contact your local office, to request the correct USCIS location of the interview.

NBC is located in Lee’s Summit, MO, and is not open to the general public. Interviews are not conducted at NBC. An interview will be held at the local office that has jurisdiction over the case.

In Marriage-Based Green Card interviews, which are conducted in USCIS District and Field Offices only, Adjudications Officers set out to determine whether the applicant’s marriage to a U.S. Citizen is a legitimate one. A legitimate marriage is a marriage that was not entered into for the purpose of evading immigration law. USCIS is required to focus on whether, at the time the marriage was entered into, the bride and groom intended to establish a life together.

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As of February 20, 2011, the U.S. Citizenship and Immigration Services (USCIS) will require that all employers filing Form I-129 petitions seeking employment of H-1B, H-1B1, L-1 and O-1A workers certify that they have reviewed Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) to ascertain whether or not an export control license is required for the employment. The certification is contained in a revised Form I-129.

More specifically, employers must certify that they have:

(1) reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), and

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A few days ago we received a Request for Evidence (RFE) for one of our H1B transfer cases as well for a new H3 visa Petition. The Request was stating that the employer can not be verified in the Validation Instrument for Business Enterprises (VIBE) Program, and the employer must submit more documents in order to be verified. Suggested documents are federal Tax returns, IRS registration documents, and more. So what is happening here?

The U.S. Citizenship and Immigration Services (USCIS) is beta-testing the use of a commercial business information service to independently verify petitioner information. The Validation Instrument for Business Enterprises (VIBE) Program will be used by USCIS Officers to access electronic records on entities filing Forms I-129, I-140 and I-360, nonimmigrant and immigrant petitions for foreign workers.

The electronic records review may include the petitioner’s business activities, North American Industry Classification System (NAICS) code, income and credit rating, ownership, affiliated entities, locations, number of employees, etc. If electronic information negatively affects eligibility or is inconsistent with what has been submitted by the petitioner, a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) may be issued.

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I was interviewed yesterday by Ruxandra Guidi from KBPS Public Radio about the topic Selective Service Encourages Undocumented Men to Sign Up. This is an interesting topic that we will hear more about in the next few months.

Here is a link to the story from the Radio Site

According to U.S. law, a man must register with the Selective Service within 30 days of his 18th birthday. Yet only about 25 percent of American citizens are signed up, and no one knows how many undocumented people have done so.

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Here is an interesting update for our marriage cases readers. U.S. Citizenship and Immigration Services (USCIS) announced the creation of a new employment authorization document (EAD) which also serves as an advance parole (AP) travel permit.

The new card will be available for persons who concurrently file an I-765 application for an EAD and an I-131 application for an AP with their I-485 adjustment of status application in the final stage of the permanent residence process.

The card will be valid for either one or two years, depending on whether the applicant’s immigrant visa preference category is retrogressed. The card will look identical to the current EAD but will have an annotation that states “Serves as I-512 Advance Parole.” Notably, if an applicant only applies for an EAD or an AP, USCIS will issue the legacy version of the EAD or AP. The new card will continue to be a valid List A document for I-9 purposes.

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We all know by now about the Pleasanton university that catered to mostly online students is being called a sham by federal prosecutors who say the university was a front to illegally provide immigration status to foreign nationals.

The complaint, filed by the U.S. District Attorney’s Office, claims Ms. Su the founder, was part of an elaborate scheme to defraud, using false statements and misrepresentations to the Department of Homeland Security.

According to the complaint, Su and Tri-Valley University have made millions of dollars in tuition fees for issuing the visa-related documents, enabling foreign nationals to obtain illegal student immigration status.

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