Visa Lawyer BlogThis past week we saw people from all walks of life debating about this unreasonable law. Even Arizona law enforcement personnel feel that this is going to create more harm than good. The shine of light to the Arizona law – if there is one – is that it has shaken our nation’s leaders into dealing with the need for immigration reform. In large numbers in Arizona and nationwide, people have turned out protesting the law. For more information about the new Arizona Law email me.
Arizona New Law – So what does it really say?
Arizona’s new immigration law is a bad idea whether you are an anti or a supporter of comprehensive immigration reform. The reasons are different for each but the idea of a state taking crazy measures points to the failure of congress and the administration to take meaningful action to correct what is becoming a system that is failing the immigrant community and our entire nation.
What does the Arizona law do?
Arizona’s law orders immigrants to carry their alien registration documents at all times and requires police to question people if there’s reason to suspect they’re in the United States illegally.
District Court Indicts San Diego Restaurant for Hiring and Employing Undocumented Immigrants
San Diego Restaurant, The French Gourmet Inc., indicted recently for knowingly making false attestations on I-9 Forms, hiring employees unauthorized to work in the U.S., and employing those aliens after learning of their ineligibility to work. U.S. v. The French Gourmet Inc. is the case, and you can read it here:
In May 2008, Immigration and Customs Enforcement agents executed a criminal search warrant at, The French Gourmet, and have taken workers suspected of being illegally in the country into custody. ICE has arrived at worksites with both criminal and civil warrants. It has searched businesses, frozen bank accounts, and arrested not only employees but also employers. This recent indicment sends a clear message to employers.
San Diego Citizenship Lawyer – American Expatriates Give Up Citizenship
With all the recent mess in this country the recent news about Americans giving up their Citizenship is interesting.
The Federal Register, the government publication that records such decisions, shows that 502 expatriates gave up their U.S. citizenship or permanent residency status in the last quarter of 2009. That is a tiny portion of the 5.2 million Americans estimated by the State Department to be living abroad.
Still, 502 was the largest quarterly figure in years, more than twice the total for all of 2008, and it looms larger, given how agonizing the decision can be. There were 235 renunciations in 2008 and 743 last year. Waiting periods to meet with consular officers to formalize renunciations have grown.
New Arizona Immigration Law – Will it hurt the economy and cause tourists, businesses to stay away?
I can’t remember so much controversy and anger over an immigration measure like the Arizona law passed in the past few days. The measure — set to take effect in late July or early August — would make it a crime under state law to be in the U.S. illegally. It directs state and local police to question people about their immigration status if there is reason to suspect they are illegal.
The anger over Arizona’s new law cracking down on illegal immigrants grew stronger today as opponents used refried beans to smear swastikas on the state Capitol, civil rights leaders demanded a boycott of the state, and the Obama administration weighed a possible legal challenge. Immigration lawyers in Arizona are also gearing up to defend clients and take on some new kind of cases.
Under the new Arizona law, immigrants unable to produce documents showing they are allowed to be in the U.S. could be arrested, jailed for up to six months and fined $2,500. That is a significant escalation of the typical federal punishment for being here illegally.
People arrested by Arizona police would be turned over to federal immigration officers. Opponents said the federal government could thwart the law by refusing to accept them.
Activists are planning a challenge of their own, hoping to block the law from taking effect by arguing that it encroaches on the federal government’s authority to regulate immigration and violates people’s constitutional rights by giving police too much power.
The White House would not rule out the possibility that the administration would take legal action against Arizona. President Barack Obama, who warned last week that the measure could lead to police abuses, asked the Justice Department to complete a review of the law’s implications before deciding how to proceed.
Mexican President Felipe Calderon said the law is discriminatory and warned that trade and political ties with Arizona will be seriously strained by the crackdown.
Yet Arizona Governor is living in her own bubble. Arizona Gov. Jan Brewer today deflected concerns that the state’s new immigration law will hurt economic development, saying many businesses have long wanted tougher action.
“I believe it’s not going to have the kind of economic impact that some people think that it might,” Brewer, a Republican, said.
Not all Arizona residents are siding with this. Mr. Gordon, Phoenix’s mayor and a Democrat, said his office hopes the City Council will authorize the city to file a lawsuit Tuesday. San Francisco City Attorney Dennis Herrera urged policymakers in the city to stop dealing with Arizona and Arizona businesses. Leaders in Mexico and California also demanded a boycott, as did civil rights leader Al Sharpton. More opposition is expected both from inside and outside Arizona.
H1B Cap Update April 25, 2010
As of April 15, 2010, approximately 13,600 H-1B cap-subject petitions had been filed. USCIS has approved 5,800 H-1B petitions for aliens with advanced degrees.
Many immigration lawyers are seeing a sharp decline in the interest in the H1B visa this year by potential employers and workers. Some are saying that the downturn in H1B applications this year could be as much as 60%. As a result of this decline, there are predictions that the quota will not be reached within the first few months of this year. Rather, many suspect that the bachelor’s quota won’t be reached until the middle of July, and that the master’s quota won’t be reached until later this June.
We shall see how the number will play out in the next few months.
How to record and report departure from the United States after the fact?
As many of our readers know, overstaying a visa can have a serious implications on ones ability to return to the US. The USCIS can record timely departure of a visitor by collecting the I-94 card upon exit.
An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.
But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:
H1B Visa Attorney – Petitioner List of 2009 H1B sponsors
We are posting the recent list of petitioners who received an approval in FY09 of Form I-129, requesting initial H-1B status for the beneficiary employee. Approximately 3,000 initial H-1B petitions are not accounted for on this list due to missing petitioner tax ID numbers.
While the full official final list of biggest H1B visa employers for FY2010 for the season has not been released, this preliminary list has been released for the Top employers this past US immigration year.
An H1B visa is a temporary working visa for professional positions, which allows foreign nationals to live and work in the U.S. for up to six years. This visa is an important tool for any employer to get the highly qualified technical expertise it needs to operate and grow its business.
Arizona passes Unconstitutional and Overly Punitive Anti-Immigrant Bill
The American Immigration Lawyers Association (AILA) strongly urges Arizona Governor Jan Brewer to veto a bill moving rapidly through the state legislature that would make it a crime to be an undocumented immigrant in the state.
In addition to the absurdity of aligning undocumented status with state trespassing, the law also validates racial profiling as a legitimate law enforcement tool which is precisely the reason why individuals and businesses around the country are beginning to seriously question whether Arizona is a safe place to visit, live, or do business.
The bill also creates a private right of action for any person to sue a city, town, or county for not enforcing immigration laws to the full extent of federal law and it establishes civil penalties for the city, town, or county. This subjects local governments to unreasonable and potentially frivolous litigation by private citizens with an anti-immigrant agenda. Even if a municipality is vindicated in court, it will still have to incur the costs of defense.
B2 Tourists and Visa Waiver – Options for Foreign Nationals Stranded due to the Icelandic Volcano Eruption
Some 63,000 flights had been canceled in Europe by the end of Sunday, in the four days since the air space of northern Europe was shut down by an enormous ash cloud from an erupting volcano beneath the Eyjafjallajokull glacier in Iceland.
Passengers are scrambling to find alternative travel routes. German tourists are being bussed home from Spain, while the Royal Navy is sending military ships to Spain to bring home stranded Brits. Thousand of Europeans are also stuck in the US with no option to leave at this time. Many visitors are worried about the implications of not being able to leave before their current status expires.
Foreign nationals stranded in the U.S. because of the airport closures in Europe due to the Icelandic volcano eruption and who are about to exceed their authorized stay in the U.S. have two avenues for relief. If at an airport and traveling under the Visa Waiver Program (VWP), they should contact the U.S. Customs and Border Protection office at the airport. They may also contact the local U.S. Citizenship and Immigration Services office. Both Department of Homeland Security agencies have provided their staff and offices with guidance on the applicable legal authorities under the VWP in circumstances such as this.