Visa Lawyer Blog

by

Employers will see higher charges for most employment-based immigration petitions and applications and for premium processing services when a new U.S. Citizenship and Immigration Services fee schedule takes effect on November 23, 2010.

U.S. Citizenship and Immigration Services (USCIS) will increase the fees for many immigration filings, including premium processing cases, and will introduce new fees for applications and services that were previously processed without charge, according to a final regulation that is set to be published in Friday’s Federal Register. The new fee schedule will take effect 60 days after publication, on November 23, 2010. Petitions and applications postmarked on or after November 23 must include the new fees.

According to USCIS, the agency is altering its fee schedule to reflect the full cost of processing applications and petitions. New Fees for Employment-Based Filings:

Continue reading

by

Many attorneys and clients who filed H1B cases in April 2010 are still waiting for decisions on their cases. This process has become very frustrating for employers waiting for employees to start working, as well other related issues. Why is this happening? We have no clear answer. But the American Immigration Lawyers Association was able to get some clarifications today.

USCIS has advised AILA that the Vermont Service Center and the California Service Center will begin prioritizing the adjudication of pending cap-subject H-1B petitions in an attempt to bring their processing times within 60 days as soon as possible. Cases will continue to be adjudicated in the order received.

USCIS has informally advised AILA that it will prioritize the adjudication of H-1B change of status cases for F-1 cap-gap students who are otherwise prohibited from continuing employment after September 30. AILA Liaison has been coordinating with USCIS to help achieve this outcome. While AILA has been collecting lists of these cases, AILA have been advised that USCIS has the means to independently verify them.

by

On September 24, 2010 the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law held a hearing titled “Protecting America’s Harvest” at 9:30 a.m. in room 2141 of the Rayburn House Office Building.

Here is what Arturo S. Rodriguez President, United Farm Workers of America had to say:

Our society places all the risks and costs associated with a seasonal industry–featuring millions of short-term jobs–on the backs of the workers. For example, if there is a freeze, as occurred last year in Florida and thousands of workers are left without work, there is no unemployment assistance even though emergency aid is promptly extended to agricultural employers.

Continue reading

by

This is an important update from AILA for our readers.The following is guidance regarding I-9 and immigration-related discrimination issues in response to the invalidation of pre-July 1, 2010 Puerto Rico birth certificates.

Q: Why is there a new law on Puerto Rico birth certificates?

A: The U.S. Department of State’s Bureau of Diplomatic Security, which investigates U.S. passport fraud, has long had concerns about the prevalence of fraud in passports based on Puerto Rico birth certificates. The State Department reports that about 40% of all passport fraud investigations involve Puerto Rico birth records. In part, the problem was a result of the prevalent use of birth certificates in Puerto Rico for all sorts of unofficial and official transactions and the retention of original true copy birth records by diverse organizations across all sectors of society, including schools, churches, sports teams, and government voter and driver registration offices. Often these birth certificates were not stored in secure environments and, as a result, many were stolen and sold.

Continue reading

by

Paris Hilton is not big in Japan. The socialite and entrepreneur was denied entry into the country by immigration officials because of her very fresh conviction for cocaine possession, and flew home to the United States yesterday, the Associated Press reports. She also canceled her appearances in Malaysia and Indonesia, but told reporters she hoped to return soon.

Hilton, who was detained and grilled by immigration officials for hours Tuesday, pleaded guilty to misdemeanor cocaine possession and obstructing a police officer after she and her boyfriend were busted in Las Vegas by a motorcycle.

What is she was a foreign national trying to enter the US?

Continue reading

by

Bad news for Dream Act supporters, On 9/21/10, the Senate failed to reach the 60 votes needed to pass a motion to proceed to consideration of the fiscal 2011 defense authorization bill (S. 3454). Senator Majority Leader Harry Reid (D-NV) had previously announced his intention to offer the DREAM Act as an amendment to the bill. After it was evident that the votes needed to proceed would fall short, Senator Reid switched his vote to “no” in order to preserve his right to bring the bill up again which would mostly likely be during the lame duck session of the 111th Congress.

Senate Republicans were joined by Arkansas Democrats Blanche Lincoln and Mark Pryor in voting down the measure by a vote of 56-43.

Here is what the President of the American Immigration Lawyers Association had to say:

Continue reading

by

The UAE’s Ministry of Labor announced plans to use online filing system to speed up the application process for work permits across the country.

In the existing system, a representative from the company must go to the ministry’s physical location to apply for a work permit, a process that unnecessarily consumes time. The new system, on the other hand, will enable applicants to submit all documents electronically. Moreover, companies will be able to process the work permits through a software that they can buy, or use at selected service centers.

Humaid bin Deemas, the executive director for Labour Affairs at the ministry, said we want to make sure that procedures will not form obstacles for any future changes in the criteria for the work permit and this move will work towards that end. It will also enable the ministry to concentrate more on formulating policies rather than spending time on mere procedures.

Continue reading

by

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. To recap a recent internal Memo from San Diego stated the following:

” To all Adjudicators effective immediately, any immigrants that have entered to the US under the Visa Waiver program and failed to file for adjustment of Status before the expiration of the 90 days authorized stay, MUST BE denied at the time of the interview.” The email was not very long but that was the general idea.

I could never imagine that they will follow through with denials of Visa Waiver overstay cases, but our first denial came in on Friday. See below the complete decision. The decision is written poorly, stating a partially true legal fact. The fact that when one overstays the Visa Waivers they can not adjust or seek hearing before a judge, UNLESS they are a beneficiary of an immediate relative petition. The USCIS failed to mention this exception in the denial as you can see below. So what will be the future of Visa Waiver adjustments, that still remains to be seen. We are in the process of filing a motion to re open and will keep our readers posted.

Continue reading