Visa Lawyer Blog

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It is getting hot here in California this time of the year, and stories of abused immigrant workers are news once again. This recent story of the death of a pregnant teenager pruning grape vines in 100-degree heat has outraged the farmworking community and sparked calls for safety reforms as laborers prepare for the long summer harvest. We also need to consider immigration reform for the thousands of undocumented workers picking our vegetables, once they become legal such human rights abuses might decrease.

Read the AP story here

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DHS announced an interim final rule on the Electronic System for Travel Authorization (ESTA), a new online system for the Visa Waiver Program (VWP). Effective some time next year, all nationals of VWP countries who plan to travel to the U.S. under the VWP will need to receive an electronic travel authorization prior to departure.

Click here to read the FAQs on VWP Electronic System for Travel Authorization

Read the Factsheet here

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We are a small immigration law firm, but we often get contracted by clients of larger firms for second opinion, under a strict confidentiality relationship. In the past few months we have been getting calls from clients or larger firms for PERM, I-140, and other related Permanent Residency cases. Sometimes, we just re assure the client that all is well, in some cases we find serious errors by the larger firms lawyers. Therefore I wasn’t surprised to hear about the following decision by the DOL just this week.

The U.S. Department of Labor today announced that it has begun auditing all permanent

labor certification applications filed by attorneys at Fragomen, Del Rey, Bernsen & Loewy LLP. The department has information indicating that in at least some cases the firm improperly instructed clients who filed permanent labor certification applications to contact their attorney before hiring apparently qualified U.S. workers. The audits will determine which, if any, applications should be denied or placed into department-supervised recruitment because of improper attorney involvement in the consideration of U.S. worker applicants.

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According to the American Immigration Lawyers Association, it appears that sometime in early 2008, CBP received approximately one million I-94 Arrival-Departure cards that were misprinted such that they were missing a digit. An I-94 card should have eleven digits, comprised of nine digits, a space, and then two more digits. For example, an I-94 card might have the number 055167890 11 (eleven digits), but the misprinted cards had numbers such as 55157890 11 (with ten digits).

The misprint has resulted in problems such as the Social Security Administration refusing to issue, or delaying the issuance of, a Social Security number to a person otherwise eligible for enumeration who has an I-94 card with a number short by digit.

CBP reported that the defective I-94 cards have been recalled and replaced. It is unknown how many defective cards have been issued. Calgary Airport in Canada is one port known to have issued some of the defective cards, but there might be others.

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More bad news for H1B visa holders. DOJ’s Office of Legal Counsel released a memo on the payment of back wages to doctors hired on H-1B visas by the Department of Veterans Affairs (“VA”), stating “the statute authorizing the H-1B visa program does not waive the federal Government’s sovereign immunity. Therefore, an administrative award of back wages to alien physicians hired by the VA under the program is barred by sovereign immunity.” This is a February 11th, 2008, Memorandum Opinion for the General Counsel, VA and Solicitor, Department of Labor, Payment of Back Wages to Alien Physicians Hired Under H-1B Visa Program.

Read more below.

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Practicing Immigration Law in San Diego, just 20 minutes from the largest International crossing border in the world can be very exciting. The stories I hear from clients and our Government workers are amazing. Stories of government employees corruption are not new, and from time to time we hear of a big fish getting caught in the system. A recent New York Times article covers the San Diego and other cities immigration corruption situation.

If you can get a corrupt inspector, you have the keys to the kingdom,” said Andrew P. Black, an F.B.I. agent who supervises a multiagency task force focused on corruption on the San Diego border.

The smugglers use any ruse available to lure border workers but seem to favor deploying attractive women as bait. They flirt and charm and beg the officers, often middle-aged men, to “just this once” let an unauthorized relative or friend through. And then another and another.

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New York City Mayor Michael Bloomberg delivered the commencement address at UPenn, noting that accepting immigrants is one of our nation’s greatest historic strengths. Here is what he had to say at the Ceremony:

Let me ask everyone here who can trace their families back to the Mayflower to raise their hands. Congratulations, you are related to America’s first immigrants. And the rest of us are the descendants of immigrants, too.

“And the word I was thinking of, the key to innovation is immigration. Our nation’s greatest historic strength is that we’ve always welcomed the best and brightest from every corner of the globe. eBay, Google, Levi’s, Budweiser, they were all started by immigrants. It’s the story of New York, and it’s the story of Penn – which has the highest percentage of international students in the Ivy League.

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McCain is pressing the all the correct keys today in Silicon Valley. John McCain joined Gov. Arnold Schwarzenegger in pushing for comprehensive immigration reform, including guest worker permits to bring employees to California’s Silicon Valley and the state’s vast agricultural fields.

Asked by Silicon Valley panelists on what he would do to grant more visa for skilled technology workers, McCain broadly advocated the comprehensive immigration reform plan he had backed with Democratic Sen. Edward Kennedy in Congress.

Responding to a question about so-called H1-B visas for Silicon Valley workers, McCain said: “We have to attract the best and brightest minds. It isn’t just H1-B visas. In our agricultural sector, they can’t find workers as well. We need a temporary agriculture (worker) program.”

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Only a few days ago, I reported on the massive ICE raid on the local bakery, The French Gourmet, and they did it again. U.S. Immigration and Customs Enforcement agents entered UCSD student housing to search an apartment without first notifying the university. What a surprise!

This behavior underscores a trend in the accelerating number of U.S. Immigration and Customs Enforcement (ICE) raids on workplaces, homes and schools nationwide—unnecessarily rough treatment of detainees that makes not only the threat of deportation, but detention itself a source of fear and anxiety.

Last Thursday morning, ICE agents entered the off-campus graduate housing unit of student Jorge Narvaez, 21, a legal U.S. resident. Earlier that morning, agents had carried out a criminal search warrant at the French Gourmet, a Pacific Beach bakery and bistro, and were proceeding on to suspected illegal workers’ homes. “They asked me what’s my legal status,” he said. “I had nothing to hide, so I let them in my home. I went outside and they went through all my stuff.”

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ICE posted an interactive map and list of SEVIS approved schools to its website. The list of schools is organized by state.

If you are interested in studying in the US, changes are you will need an F-1 student visa. US immigration law allows for the admission as nonimmigrants those who are coming to the US to participate in a full time course of study. Most students enter in F-1 status, although the J-1 visa (for exchange visitors participating in a program approved by the State Department) and M-1 visa (for vocational students) are also sometimes available.

A prospective student must first identify a school that is qualified to sponsor a student for a visa. Here is the most recent list of SEVIS approved schools by State. Click here

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