Visa Lawyer Blog

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What a great way to start the year. Today is an historic day in US Immigration law. The US has lifted a 22-year immigration ban which has stopped anyone with HIV/Aids from entering the country. President Obama said the ban was not compatible with US plans to be a leader in the fight against the disease.

The new rules come into force today and the US plans to host a bi-annual global HIV/Aids summit for the first time in 2012. The ban was imposed at the height of a global panic about the disease at the end of the 1980s. It put the US in a group of just 12 countries, also including Libya and Saudi Arabia, that excluded anyone suffering from HIV/Aids.

Rachel Tiven, head of the campaign group Immigration Equality, told the BBC that the step was long overdue.

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On December 25, 2009, an individual on board NW Airlines Flight 253 set off a device and was subdued by passengers and crew. As a result of this incident, TSA has worked with airline and law enforcement authorities, as well as federal, state, local, and international partners to put additional security measures in place to ensure aviation security.

Read more from the TSA…

The government must continually balance the need for security with the realization that the United States remains a favored destination for immigrants from around the world.

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Talk about the perfect student dream, getting a diploma – but never attending classes. And if you get a free visa with this, even better. A Southern California pastor has been accused by immigration authorities of helping foreigners fraudulently obtain student visas and handing out phony diplomas at a fake graduation ceremony on a campus where they never attended class.

Samuel Chai Cho Oh, 65, surrendered to authorities Tuesday and faces a charge of conspiracy to commit visa fraud for allegedly charging foreigners cash to help get them student visas on the premise they would attend the Christian university he owns in Fullerton.

But more than 100 students from countries including South Korea, Thailand and Japan never took classes at California Union University, which served as a shell for them to stay in the country legally, Immigration and Customs Enforcement officials said.

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We would like to wish all our readers and clients Happy Holidays, spend precious time with family and friends. It has been a great year for us and we thank all our readers for the support during this year.

May this New Year bring newly found prosperity, love, happiness and delight in your life.

This bright New Year is given to us to live each day with zest, to daily grow and try to be our highest and our best! May the dawning of this New Year, fill everyone’s heart with new hopes, open up new horizons and bring promises of brighter tomorrows. As the new year blossoms, may the journey of life be fragrant with new opportunities, days be bright with new hopes and heart be happy with love! Happy New Year! 2010!

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According to CNN, America could be facing a nursing shortage that will worsen exponentially as the population grows older. The problem: Baby boomers are getting older and will require more care than ever, taxing an already strained nursing system.

Barry Pactor, international director of global health care for consulting company HCL International, agrees that more nurses should be trained within the U.S. system. But as a short term solution for this “huge shortage,” he said the U.S. government should loosen immigration restrictions on foreign health care workers.

“I don’t see this as foreign nurses taking American jobs, because these are vacancies that already exist and cannot be [filled] by nurses currently in training,” he said. “We’d be filling in the gaps until the training can catch up with the demand.”

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As we predicted last night the Cap was met today. As of December 21, 2009, USCIS has received sufficient petitions to reach the statutory cap for FY2010. USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2010 that are received after December 21, 2009 USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on December 21, 2009.

Applicants will soon be getting ready for April 1, 2010 filings. Our advice is to start early, with DOL delays we have to start planning differently. More updates to come.

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So what do you think, will the cap be reached today, or maybe tomorrow, surely by Friday. With the snow storms hitting the east coast, delivery of H1B packages and processing at the Vermont service center have been delayed. As of December 15, 2009, approximately 64,200 H-1B cap-subject petitions had been filed. We are still waiting for the most current numbers, but it seems that the gate on new filings is soon to be shut. I will keep you posted as we earn of new info.

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Stories like this one explain the increase in Mexican nationals fleeing to the US. As drug gangs clashed across Tijuana this week, a San Diego mother of two lost her life in the crossfire. Yajaira Orozco was shot in the head when assailants sprayed gunfire inside a seafood restaurant where she was sharing a meal with her husband.

ajaira Orozco, also 23, was one of about 50 people who have died in the past week in Tijuana, many of them as a result of a brutal battle for control between two rival drug-trafficking groups.

But while Yajaira Orozco was a U.S. citizen, Raul Orozco, her spouse, was brought to the United States from Mexico at age 5 and was not a legal resident. In order to apply for legal residency, he first had to move back to Mexico. There are may families in similar situations. Where one of the family members entered the US illegally, and upon marriage to US Citizen are trying to fix their papers. Under current law, the illegal immigrant must leave the US in order to complete the legalization process. Read a client’s story here. While the drug war in Mexico continues, such families are risking their lives every day.

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DOS issued a list of questions and answers on the removal of HIV infection from the CDC list of communicable diseases of public health significance. Issues addressed include the background of the rule change, visa application process, HIV-positive applicants who have previously been refused a visa, and information dissemination about the rule.

One of the main questions for the public is, before the effective date of January 4, 2010, what changes will take place for non-U.S. itizens with HIV infection who wish to enter the United States?

Until the final rule goes into effect on January 4, 2010, non-U.S. citizens who have HIV cannot be admitted to the United States without waivers granted by the Department of Homeland Security (DHS). Certain nonimmigrants may qualify for issuance of visas from consular officers without first applying to DHS for waivers under a streamlined process established by DHS in its HIV Waiver Final Rule.

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We like to share that the H1B cap is extremely close to being reached. The count as of December 15, 2009 is 64,200. This is 1300 cases more than the count from December 11th. This count is very close to the total cap of 65,000 which is actually somewhat reduced by numbers allocated under trade agreements. We continue to watch this very closely, and will provide updates until the FY 2010 cap is reached.

We suggest to act quickly to avoid last minute embarrassment as H-1B Cap may soon be cease to exist.