Visa Lawyer Blog

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The following new regulations may be affecting some of the richest immigrants among us. Private Jet owners. Private jet owners have an average annual income of $9.2 mln and a net worth of $89.3 mln. The average age is 57 years old. 70% of them are men. So far they enjoyed the good life, coming and going into the US as they please. No more.

U.S. Customs and Border Protection (CBP) published a final rule requiring that private jets to provide advance notice of their intended arrival or departure, and submit manifests of the persons on board. The new process is similar to the one currently in use by commercial aircraft and will standardize advance notice procedures for all CBP airports of entry.

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There is currently a shortage in the United States of nurses, physical therapists and other healthcare workers. This blog post answers questions about temporary and permanent immigration options for nurses and physical therapists.

Work Visas for Nurses

Some nurses could qualify for H-1B visa status if their positions required at least a bachelor’s degree. However, many nursing positions do not require a bachelor’s degree, making the H-1B visa category somewhat difficult to obtain.

Many prospective U.S. employers apply directly for a green card for foreign nurses because there is no requirement to first obtain a labor certification from the Department of Labor. The labor certification process, which requires a very extensive test of the U.S. labor market, has been waived for professional nurses. Thus, applying for a green card option for a foreign nurse may be the preferred option.

Work Visas for Physical Therapists

Physical therapists are generally eligible for an H-1B visa, since the bachelor’s degree is generally a standard requirement for that occupation in the United States. The H-1B visa is available when the occupation requires a bachelor’s degree. If you are a physical therapist in another country, you must first submit your educational credentials to a U.S. state therapy board for a temporary license or permit. (A list of state therapy boards is available on the Federal of State Boards of Physical Therapy website). Once you have a permit, you can apply for an H-1B visa to work in the United States. Once you enter the United States, you will have to take the state licensing exam, and then renew your H-1B visa.

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International Adoptions is an extremely complex area of law that changes rapidly. According to the AP the number of foreign children adopted by Americans fell 12 percent in the past year, reaching the lowest level since 1999 as some countries clamped down on the process and others battled with allegations of adoption fraud.

Figures for the 2008 fiscal year, released by the State Department on Monday, showed 17,438 adoptions from abroad, down from 19,613 in 2007. The all-time peak was 22,884 in 2004.

By far the biggest drop was for adoptions from China, which fell to 3,909 from 5,453 in 2007 and a peak of 7,906 in 2005. Among the factors: a rise in domestic adoptions as China prospers and tighter restrictions on foreign adoptions that exclude single people, older couples, the obese and those with financial or health problems.

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ILW.com recently published an interesting article by a former USCIS officer stationed at the London US Embassy, working on I-601 waivers. The question we all ask is whether officers exercise discretion when adjudicating 601 waivers, or are they following the law with respect to the extreme hardship standard.

Officer Heller explains: “When I was adjudicating I-601 waivers at the US Embassy in London my colleagues and I used to theorize on the element of discretion in waiver determinations. Some adhered to a strict constructionist view (discretion only comes into play once extreme hardship is established), others favored what I call a holistic approach (discretion, in a general sense, allows for a contextual assessment of hardship factors).”

He further stated: “In my experience, the holistic approach to 601 waiver adjudication was, in effect, a means of ratcheting the extreme hardship standard one way or another. As such, an individual deemed inadmissible on account of an overstay of one year and two months might enjoy a more relaxed standard than someone who overstayed five years. Similarly, an applicant who worked as a nurse might have an easier time of establishing extreme hardship than, say, a web designer (n.b. I said “applicant” and not “qualifying family member”). Considerations such as those suggested above are not really related to extreme hardship, but they are clearly relevant for assessing discretion.”

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According to NPR, it’s not likely, and if nothing else that’s because of the economy. Labor economist Vernon Briggs of Cornell University says it’s harder to argue for legalizing millions of low-skilled immigrants when many more low-skilled Americans are likely to find themselves out of work.

“The unemployment rates for unskilled workers without high school diplomas, or only a high school diploma, are the highest in the United States,” says Briggs. “There’s no indication that our labor force is in desperate need of unskilled, poorly educated, non-English speaking workers.”

Supporters of legalization see it differently, arguing that the best way to make sure immigrants do not pose an unfair threat to American workers is to make the immigrants legal. But even ardent immigrant advocates admit the economic collapse does change something else.

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It may become even harder to travel to the US if you are from a visa waiver country. The U.S. Department of Homeland Security announced that beginning Jan. 12, 2009, eligible citizens or nationals from all Visa Waiver Program (VWP) countries must obtain approval through the Electronic System for Travel Authorization (ESTA) prior to traveling to the United States under the VWP. DHS formally announced the addition of seven allies to the list of countries authorized to participate in the VWP. The seven countries are the Czech Republic, Estonia, Hungary, the Republic of Korea, Latvia, Lithuania, and Slovakia.

DHS state that required authorization through ESTA will substantially strengthen the security of the VWP by providing the department with the capability to conduct advance screening of VWP travelers. I feel that this will cause substantial delays and complications for travelers from such countries.

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The San Diego Union Tribune reports that San Diego County is set to participate in a new federal initiative that gives local law enforcement the ability to use fingerprints to check the immigration history and status of people who land in county jails. This is clearly a shift in the understanding that police officer are not immigration agents. But this will may well start to change.

The federally funded U.S. Immigration and Customs Enforcement program was announced this week by agency officials during the International Association of Chiefs of Police conference at the San Diego Convention Center.

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Today is Veterans day, and I wanted to send warm wards of support to our Veterans and the active duty men and women fighting for our country day and night.

As it relates to immigration, On July 3, 2002, President George W. Bush signed an Executive Order allowing certain noncitizens to become Naturalized citizens of the United States if they served an in an active-duty status during the war on terrorism. (See Expedited Naturalization of Aliens & Noncitizen Nationals Serving in an Active-Duty Status During the War on Terrorism, 67 Fed. Reg. 45287 (7/8/02), Executive Order (President). Download file

Additionally,as a Gulf War veteran, one may be eligible for expedited Naturalization under Immigration and Nationality Act section 329, Naturalization through Active-Duty Service in the Armed Forces during World War I, World War II, Korean Hostilities, Vietnam Hostilities, or in other Periods of Military Hostilities. For example, if one performed active duty military service during the Persian Gulf (August 2, 1990 – April 11, 1991) or on or after September 11, 2001, one may be eligible for expedited Naturalization.

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