Visa Lawyer Blog

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The Immigration Act 2009 comes into effect from 29 November 2010. Until then the Immigration Act 1987 applies. The key changes factsheet is a good place to start. It gives an overview of what’s happening, and gives an introduction to the other factsheets, which include:

* New terminology and concepts – outlines, for example, how we will no longer use the word ‘permit’ and instead use the word ‘visa’, and that the terms ‘residence permits’, ‘residence visas’ and ‘returning resident’s visas will be replaced by ‘resident visas’ and ‘permanent resident visas’ – but there is no change to existing categories for people wishing to settle in New Zealand.

* Residence – explains how people granted residence in New Zealand will be granted ‘resident visas’ with ‘travel conditions’, or ‘permanent resident visas’, and what these things mean.

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Many readers of the Blog and our clients often want to know how can they qualify for the H1B visa even without a degree. Attorney Kate Powell from our office prepared an excellent article on the topic and it is featured below.

H-1B is a nonimmigrant work visa category, which applies to people who wish to come to the U.S. to perform services in a specialty occupation. Some think that they are not qualified for this visa category merely because they do not hold a baccalaureate level of education. In actuality, there are ways to overcome the Bachelor’s degree requirement if you have enough qualifying work experience. Below is the summary of the current regulations and guidelines that can help you determine whether you can qualify for H-1B.

Pursuant to Title 8, Code of Federal Regulations (8 C.F.R.), part 214.2 (h) (4) (iii) (C), you can qualify for a specialty occupation based on education, specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and you have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

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Congressmen Chris Lee and Brian Higgins plan to announce plans for a grand opening of a new State Department passport office on Genesee Street in downtown Buffalo.

The full-service passport issuance agency in Western New York provides greater convenience and service for communities, and it will be able to issue required travel documents within hours in the case of emergencies.

The closest passport agency right now is located in downtown Manhattan. The official announcement of the new passport center will be made next week.

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We are informed by AILA and the American Civil Liberties Union that there has been a relatively large-scale ICE enforcement operation conducted in the past 24 hours in relations to a bakery in Otay Mesa.

There have been multiple search warrants executed and many arrests–with some entire families having been taken into custody. Preliminary word is that several managers of the bakery may be prosecuted criminally on immigration-related charges, and many workers (perhaps dozens) will face removal proceedings and/or attempts by ICE to have them accept voluntary removals. We will keep our readers posted as new developments come up.

Last year, a sweep targeting illegal immigrants led to the arrest of more than 300 people – including at least 125 with criminal histories – in San Diego and Imperial counties. The arrests were part of a statewide operation that netted more than 1,000 arrests.

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The U.S. Department of Labor Employment and Training Administration Office of Foreign Labor Certification, issued a Frequently Asked Questions on Permanent Labor Certifications, titled Round 12.

In that update they answer the employer point of contact questions that is often asked by employers. The answer is that the employer must designate as its point of contact an employee of the employer who is authorized to act on its behalf in labor certification matters pertaining to the specific job opportunity for which certification is sought.

The designated employee may not be the sponsored foreign worker. The employer point of contact will be contacted by the National Processing Center to verify whether the employer is authorizing the filing of the application and sponsoring the foreign worker named therein.

Therefore, an authorized employee’s name and contact information must be listed in Section D of the employer’s submitted ETA Form 9089. It is not acceptable, for example, to reenter the employer’s name listed in Section C of the ETA Form 9089 or provide a generic title such as “HR Manager.”
Moreover, as indicated on the ETA Form 9089 and accompanying instructions, such a person’s name and/or contact information, e.g., the phone number and email address, must be different from the attorney or agent name and/or contact information listed in Section E of the ETA Form 9089, unless the attorney or agent is an employee of the employer. This has been a subject of a few audits in recent years.

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Singaporeans who are successful in their application for a passport will have the option of collecting their passports from selected Singapore Post Limited (SingPost) outlets from October 15, 2010 onwards. Eligible passport applicants will be informed through the passport collection notification card or by email if they apply for a passport through APPLES, the online passport application system. Those who wish to enjoy the service offered by SingPost can select the preferred venue for collection via the Immigration and Checkpoints Authority’s (ICA) e-Appointment system which is available through the ICA website at www.ica.gov.sg.

The ICA has collaborated with SingPost to bring greater convenience to Singaporeans without compromising on security. In addition to the option of applying for passports at SingPost since 2008, Singaporeans may now also collect passports from selected SingPost outlets. SingPost was chosen to offer this service to Singaporeans after a rigorous tender process. ICA is also satisfied SingPost has put together a robust and stringent process to ensure the secure delivery, custody and collection of the Singapore passport at its outlets.

Singaporeans who are eligible for this service will be able to enjoy the convenience of collecting their passports from SingPost’s wide network of outlets strategically located across the island. There will be a service fee payable to SingPost for the successful collection of each ICA document at designated SingPost outlets. There are 20 designated SingPost outlets selected to offer this service to ICA customers. As an added advantage, some SingPost outlets have extended operating hours up till 8pm and are open on weekends and public holidays.

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The government has been ramping up enforcement of employment immigration laws, with a particular focus on insuring that companies are staying in compliance. The number of enforcement activities has increased dramatically in the past year. Now, more than ever, it’s important to insure that your company is ready in case of a government I-9 audit. And for the first time, it’s not enough to be in compliance. Each company must prove compliance, and if using an electronic system, use one that works in accordance with immigration laws.

The San Diego Union Tribune reports, enforcement in San Diego County mirrors a national trend toward more scrutiny of employers’ I-9 forms, the universal tool for verifying permission to work in the United States.

Immigration and Customs Enforcement, or ICE, initiated 66 audits with local employers in the fiscal year ending Sept. 30, reviewing 5,588 individual I-9s in the process. That was up from 44 audits in fiscal 2009 and just one audit in 2008. A company can be fined up to $1,100 for each illegal employee, and knowingly violating verification laws can lead to criminal charges and forfeited assets.

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The USCIS recently launched a great resource for those preparing to take the Naturalization Test. The online resource has many interactive tools to get ready for the test and more.

Naturalization is the manner in which a person not born in the United States voluntarily becomes a U.S. citizen. Before you apply for naturalization, you must meet a few requirements. Depending on your situation, there are different requirements that may apply to you. General requirements for naturalization are below.

Eligibility Requirements

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This is another update on the H2B wage issue. On August 30, 2010, the U.S. District Court for the Eastern District of Pennsylvania in Comitè de Apoyo los Trabajadores Agricolas (CATA) v. Solis, et al., Civil No. 2:09-cv-240-LP, 2010 WL 3431761 (E.D. Pa.) invalidated the Department’s use of skill levels in establishing prevailing wages and the Department’s reliance upon Occupational Employment Statistics (OES) data in lieu of Davis Bacon Act and Service Contract Act rates. The court order requires the Department to complete a new rulemaking regarding the calculation of prevailing wage rates in the H-2B program within 120 days.

The Department has been issuing prevailing wage determinations with a validity period ending on June 30, 2011, since the OES data is updated annually each June. Given that the Department has been ordered to promulgate a new regulation in approximately 3 months, which may result in changes to the calculation of the prevailing wage rates, the Department, beginning on September 30, 2010, will issue H-2B prevailing wage determinations with validity periods of three months, in accordance with §655.10(d). This change does not affect the validity periods of existing prevailing wage determinations. It also does not affect any new requests for prevailing wage determinations that will be used in connection with PERM, H-1B, H-1B1 or E-3 applications. We will keep you posted as new information becomes available.

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In a recent article in the L.A. Times, the paper reported that the Obama administration deported a record number of illegal immigrants in the 2010 fiscal year, according to figures released Wednesday by U.S. Immigration and Customs Enforcement.

The report noted that, “of the 392,862 deportations from October 2009 through September of this year, about half were illegal immigrants with criminal records. The second straight year of record deportations from the U.S. reflects the approach of ICE under the Obama administration to focus its efforts on removing criminal illegal immigrants “who pose a national security or public safety threat,” Homeland Security Deputy Press Secretary Matt Chandler said in a statement.”

Despite this report, one must question how many of those with “criminal records” were really threats as criminals in the U.S. Although it says these illegal immigrants were ones with criminal records, there is no distinction in the news report between those whose acts were misdemeanor offenses or felony offenses. Under immigration law, some misdemeanor offenses can be waived and therefore allow an immigrant to stay in the U.S. Is immigration being unnecessarily hard on those whose offenses were misdemeanors or is ICE going after those who have committed serious felonies?

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