Visa Lawyer Blog

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Immigration lawyers and impatient immigrants have been waiting too long for something to happen, and the new Bills introduced a few days ago may be a blessing. One Bil, H.R. 5882, to “recapture” employment-based (EB) green cards that Congress authorized in the past but that went unused before the end of past fiscal years due to government processing delays. Analysts estimate that approximately 200,000 unused EB green cards will be brought back into supply for all employment-based workers.

A new Bill to save he Nursing Shortage has been introduced as well. It is HR 5924, The key points of the legislation are:

1. Lifting of retrogression for Schedule A workers – Any immigrant visa quotas or caps are waived for all visa applications filed for Shortage Occupations (Schedule A occupations: Physical Therapists and Registered Nurses), provided that the I-140 is filed prior to September 30, 2011.

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We had a busy week at the firm. In addition to the regular case load, we prepared for two immigration presentations. Earlier this week I presented to the Women in Science Association in San Diego, an association of scientists and researchers. We discussed the different ways they can obtain permanent residency based on their unique skills and education. Clearly, if such immigrants would like to stay, the system is very welcoming.

Later this week, I have spoken to a very different group also very much eager to find ways to stay in the US. I have given a workshop to an Hispanic community base organization here in town, helping their members obtain information on becoming Citizens and in many cases becoming legal in the US. The group consisted of hard working undocumented workers and family members, as well as long term Permanent Residents seeking to become Citizens.

We discussed various legal options, but I heard a lot of complaints about the governments treatment of the illegal population. Systematic raids of residential places by ICE, inhuman treatment of detained illegal immigrants, discrimination at work and more.

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DHS issued an updated OPT filing guide for schools and students.In April, DHS published an Interim Final Rule (IFR) titled Extending Period of Optional Practical Training by 17 Months for F-1 Nonimmigrant Students With STEM Degrees and Expanding Cap-Gap Relief for All F-1 Students With Pending H-1B Petitions. The revised guide follows this rule.

Click here to download Download file

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In recent weeks I heard two horrible stories from European clients about their experience entering the US. One a fairly know author from France was kept in secondary inspection for 14 hours, before finally letting him enter the US. The officers never explained why he was detained and never offer an Apology.

Another person entering from Germany to join his co workers on a US vacation, was humiliated by port of entry officers, accused of being a potential unauthorized worker and was sent back home with shame. He is now angry and outraged at our government and immigration system.

Here is a funny YOU-TUBE video to reflect on the above…

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The H1B madness is almost behind us, yet potential workers and employers alike are still curious and interested in this visa. They often want to know when will they be able to apply again and what is this visa all about.

The H1B status is for foreign workers who will hold specialty occupations. A specialty occupation is one which “requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation AND which requires the attainment of a bachelor’s degree or higher in a specific specialty as a minimum for entry into the occupation in the United States.”
The employer must describe the elements of the case to the USCIS on a petition format letter. This first posting in the series about the H1B process contains a sample of such letter. Click below

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Some good news for Canadians and Mexican nationals seeking to live and work in the US. The Office of Management and Budget (OMB) has cleared a proposed DHS rule to allow TN visa holders to stay in the US for three (3)years instead of the current one (1) year limit.

Currently TN visa applicants must apply every year for renewals, either from inside the US or appear at the Border, for Canadian applicants. Mexican Nationals must still apply at the US Embassy in Mexico. We welcome the new proposed rule and hope that this will pass.

More on the proposed rule click here

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As many of our Marriage Visa clients know, the Medical Examination is an important part of the case required documents. Once an applicant goes through the exam the doctor must sign and complete Form I-696. In the coming weeks, applicants should remember that the I-693 medical exam form is being updated and doctors must complete the new form for examinations taking place after May 1st. If a doctor signs the old form before May 1st, applicants can submit the old version. Applicants must make sure the doctor is aware of the change as some of them may not know about the changes to the forms. Using the wrong form after May 1, 2008 may result in the case being returned and significant delays caused.

I suggest applicants take a blank I-693 form with them to the exam to make sure the Doctor has the new forms in hand. Click here to download the new forms

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According to today’s USCIS press release, it currently takes almost 9 months to process a naturalization case filed in San Diego County during Summer of 2007. Cases filed in Washington DC seem to have the most delays with close to 15 months.

Why the delay? Last July, USCIS received 460,000 applications for naturalization. That was three times the record for any previous month. For the year, USCIS received 1.4 million naturalization applications, almost double the normal annual volume.

USCIS is hiring and training hundreds of additional immigration officers to adjudicate these cases. The agency is also conducting naturalization interviews on weekends, after normal business hours and in additional locations.

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Recently the Immigration, Citizenship, Refugees, Border Security, and International Law Subcommittee of the House Judiciary Committee held an oversight hearing on the H-2B seasonal worker visa program.

As I have previously reported, the Save Our Small and Seasonal Businesses Act of 2005 (SOS Act) created a cap exemption for “returning workers,” defined as those workers who were counted against the 66,000 annual H-2B cap during any one of the three fiscal years preceding the fiscal year of the requested employment start date. The returning worker provisions of the SOS Act, which originally expired on September 30, 2006, were reauthorized by Congress for one additional year, through Fiscal Year (FY) 2007, which ended on September 30, 2007. This provision was never extended resulting is major hardship to employers in the Hospitality and Constructions industries as well as other employers.

We link to a testimony of R. D. Musser, III President of the famous Grand Hotel explaining the impact of the H2B crisis on his Hotel and the industry. He calls for immediate reform.

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