Visa Lawyer Blog

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Four hundred twenty-three criminal aliens from 36 different countries were removed last month by deportation officers from the U.S. Immigration and Customs Enforcement (ICE) Miami Field Office of Detention and Removal. The Miami Field Office oversees operations in Florida, Puerto Rico and the U.S. Virgin Islands. The individuals who were removed had a variety of criminal convictions including assault, burglary, drugs, fraudulent activities, larceny, robbery, sexual assault and weapons offenses.

Michael Rozos, field office director for the Miami Field Office of Detention and Removal said “These recent removals are an example of ICE’s commitment to remove those who pose a public safety threat and that these removals will continue taking place as we enforce our nation’s immigration laws.”
ICE’s Office of Detention and Removal (DRO) promotes public safety and national security by ensuring that all removable aliens are removed from the United States as expeditiously as possible. As an integral component of the ICE DRO aviation strategy, ICE employs special air charters when removing aliens to countries outside the western hemisphere. Staffed by ICE officers, these air charters repatriate large groups of removable aliens in an expeditious, safe and humane manner, thus reducing detention periods.

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The owner of a southwest Missouri roofing company pleaded guilty in federal court Monday to hiring illegal aliens as a result of a worksite enforcement investigation conducted by U.S. Immigration and Customs Enforcement (ICE). Assistant U.S. Attorney Robyn L. McKee, Western District of Missouri, is prosecuting this case.

Russell D. Taylor, 31 of Bolivar, MO admitted that from August 2006 through April 2008, he hired, contracted and sub-contracted for hire to obtain illegal aliens to work for him. By pleading guilty, Taylor also agreed to forfeit to the government $185,363, which represents the amount of proceeds obtained as a result of the offense. Under the terms of the plea agreement, the government and Taylor agreed that a fine of $36,000 is appropriate, representing a $3,000 fine for each of the 12 illegal aliens who worked under the supervision of Juan Pacheco-Herrera. Pacheco-Herrera pleaded guilty in a separate but related case to harboring illegal aliens.

Taylor has waived his right to a grand jury and was pleaded guilty on Sept. 14 before U.S. Magistrate Judge James C. England, Western District of Missouri. The government and the defendant also agreed that five years of probation is a reasonable and just sentence in this case. As a condition of his probation, Taylor must implement an employment-compliance plan and pay the $185,363 money judgment in monthly installments during the first 30 months of probation.

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On September 22nd a redesigned USCIS.gov web site will be launched. In response to customer feedback, from March to June 2009, USCIS conducted focus group discussions, usability tests, and surveys regarding general functionality of the website with a broad cross-section of users.

Based on the findings, a design has been approved and is currently in development. The improved design of USCIS.gov follows four core principles:

* A customer-centric homepage that provides applicants with a “one-stop shop” of immigration services information.

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I recently came across a posting by fellow lawyer Chris Musillo, he wrote about an interesting point that is often asked by our clients, the Health Care recruiters and Healthcare providers. The question is do H1B workers that are not yet licensed, need to be paid. Here is Chris’ opinion, and I agree:

First a little background. The National Physical Therapy Exam (NPTE) is not offered overseas. Accordingly, all PTs must enter the US in order to sit for the licensing exam. The USCIS often approves unlicensed PTs for H-1B visa status, and there is ample Guidance to support these decisions.

My client’s approved PTs must then come into the US, sit for the NPTE, and then obtain their state license. Once they obtain the state license, they can begin their PT work.

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Breaking news from the State Department. The online entry registration period for DV-2011 will be October 2 until November 30, 2009. Please, check back later for updates and instructions regarding online entry for DV-2011.

Form DS-5501 Electronic Diversity Visa (e-DV) Application for online Diversity Visa Lottery entry, is not available now. This official form is available only on the Department State, Diversity Visa online entry website at http://www.dvlottery.state.gov/ during the online entry registration period.

The congressionally mandated Diversity Immigrant Visa Program is administered on an annual basis by the Department of State and conducted under the terms of Section 203(c) of the Immigration and Nationality Act (INA). Section 131 of the Immigration Act of 1990 (Pub. L. 101-649) amended INA 203 to provide for a new class of immigrants known as “diversity immigrants” (DV immigrants). Alien petitioners for the Diversity Visa Program will no longer be permitted to submit a petition by mail. Instead, the Department will require that all petitions be submitted to it in an electronic format, using an Internet website dedicated specifically to the submission and receipt of Diversity Visa.

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The State Department released the October Bulletin last week, the news are not so good overall.

The EB3 category is now available, but many priority dates go back to 2001 and 2002, still long waiting period for many applicants.

EB2 China advanced 2.5 months, while India priority dates move by 14 days only. EB4 category is still unavailable.

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We now know that Immigration, especially illegal immigration is a big part of the American Health care debate. President Obama’s prime-time address to Congress and the nation on health care prompted a Republican congressman to shout “you lie!” when the president covered Health coverage for illegal Immigrants.

The President said that his proposal would not cover illegal immigrants, a remark that prompted Republican Rep. Joe Wilson of South Carolina to shout “You lie!”

The president is correct: The House bill contains a section (Sec. 246) titled “NO FEDERAL PAYMENT FOR UNDOCUMENTED ALIENS,” which states: “Nothing in this subtitle shall allow Federal payments for affordability credits on behalf of individuals who are not lawfully present in the United States.”

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Department of Homeland Security (DHS) Secretary Janet Napolitano announced on August 27, 2009, new directives to enhance and clarify oversight for searches of computers and other electronic media at U.S. ports of entry—a critical step designed to bolster the Department’s efforts to combat transnational crime and terrorism while protecting privacy and civil liberties.

“Keeping Americans safe in an increasingly digital world depends on our ability to lawfully screen materials entering the United States,” said Secretary Napolitano. “The new directives announced today strike the balance between respecting the civil liberties and privacy of all travelers while ensuring DHS can take the lawful actions necessary to secure our borders.”

The new directives address the circumstances under which U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) can conduct border searches of electronic media—consistent with the Department’s Constitutional authority to search other sensitive non-electronic materials, such as briefcases, backpacks and notebooks, at U.S. borders.

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United States Citizenship and Immigration Services (USCIS) released an updated H-1B cap count of 45,100 as of August 28, 2009. This reflects an increase of 100 cases from the prior count, provided on August 14, 2009. The advanced-degree cap remains at 20,000. The USCIS continues to accept FY2010 H1B cases under the advanced-degree and regular caps.

We suggest to US employers to file H-1B Petitions only if they can able to provide the Client details like Letter from the end-client, Work-orders confirming the placement. If you are having an in-house requirement, provide USCIS with ample proof of your in-house requirements. Considering the flood of H-1B RFEs, we have to be bit cautious in filing works. The standard approach prevailing until last year needs a re-look. Be assured, if you are right on papers and abide the Immigration requirement, you will for sure come with flying colors. We will be happy to help and support you in H-1B and other filings. It is widely believed that the H-1B Cap will be available even after Sept. 30, 2009.

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The Council of Graduate Schools (CGS) issued an August 20, 2009 press release, reporting a decline in offers of admission from U.S. graduate schools to prospective foreign students. This is the first decline in the rate of offers to foreign students since 2004.

While these significant reductions affected the overall decline in foreign student enrollment, the number of offers of admission to students from the People’s Republic of China grew at a rate of 13 percent. The CGS press release indicates that this was the fourth year in a row of double-digit growth in the number of students from China offered admission to U.S. graduate schools.

With the up coming biggest education Expo in China (http://www.phdchina.org/english/index.shtml), the US is the country of Honour at this show. This is a clear sign that Chinese students are looking at the US as the main destination for studies and future opportunities.

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