Visa Lawyer Blog

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According to the American Immigration Lawyers Association, DHS/USCIS announced on a conference call on 3/19/08 that it has transmitted to the Federal Register an interim final rule regarding H-1B filing that would:

Change from 2 days to 5 days the period of time during which cap-subject H-1Bs can be received to be included in any “lottery” that would occur if, as expected, the number of petitions exceeds the quota.

Prohibit multiple filings from the same employer for the same employee, even if the filings are for different jobs. The one exception would be that related employers could file separate petitions for the same employee.

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With only a few weeks left for filing H1B visas, we are so busy at the office with last minute filings. In the next few weeks, we will be finalizing all the cases currently open and will be accepting new cases that have a chance to be filed before the April 1 deadline. Our biggest problem is cases with foreign degrees, such degrees must be evaluated before filing, and the later we receive the degrees, the harder it will be for us to file.

Still the biggest question that clients are asking, will the Government increase visa numbers before April 1 or in the near future.

Major corporations praised a bill introduced in the U.S. Congress that would double the number of immigrant worker visas available each year under the H-1B program.

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If you hold a green card and know in advance that you must be outside the United States for more than one year, it’s worth applying to USCIS for a reentry permit. This lets you to stay away for up to two years. You should send in your application before leaving. Reentry permits cannot be renewed and can be applied for only inside the United States. If you want to stay away for more than two years, you must return briefly and apply for another reentry permit.

The USCIS has recently changed the system and procedure for processing reentry permits and refugee travel documents. These applications are made on Form I-131, Application for Travel Document. Under the new procedures, effective March 6, 2008, applicants for reentry permits and refugee travel documents must provide biometrics information before leaving the United States. This is done via an appointment at an Application Support Center, scheduled after the filing of Form I-131by USCIS. The new procedures do not pertain to the advance parole, as they only pertain to the reentry permit and refugee travel document.

The new procedures apply to individuals between the ages of 14 and 79 who are applying for reentry permits and refugee travel documents. They are advised to apply well in advance of their need to travel and, with limited exception, the fingerprinting and photographing must occur before departure. The USCIS indicates that the filing receipt and notice of appointment at the ASC are mailed to the applicant shortly after the I-131 is filed. There is an option for providing the USCIS with pre-paid express mailers, for transmitting the receipt and appointment notices as well as the reentry permit more quickly. However, this apparently requires a specific request for expedited processing and justification for that request. Such cases will be reviewed on a cases by cases basis.

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According to ICE and other government enforcement agencies, a recurrent issue encountered in worksite enforcement investigations today is the abuse of the Social Security card by individuals seeking to satisfy the work authorization requirements mandated by federal law. The Social Security card has long been a favorite of fraudulent document vendors.

The advisory issued by ICE is alerting employers to beware of a new trend in false documents presented by unauthorized foreign workers. ICE describes a commonly found ‘three pack’ that includes a false Social Security card, state driver’s license or identity card, and a work authorization document (or EAD card). Typically, an unauthorized worker also assumes the identity of a foreign national who is authorized to work, using that individual’s documents with a photograph fraudulently added.

Employers can no longer hide behind claims that they did not know of unauthorized workers, if it can be shown that the employer should have known about a violation. Employers should be aware of their responsibilities and rights under the law.

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Under the most recent decision from BIA, an alien child who was adopted under the age of 18, and whose natural sibling was subsequently adopted by the same adoptive parent or parents while under the age of 16, may qualify as a “child” under INA section 101(b)(1)(E), even if the child’s adoption preceded that of the younger sibling. Matter of Anifowoshe, 24 I&N Dec. 442 (BIA 2008).

The Court agreed with the petitioner’s argument on appeal that there is no statutory or regulatory provision requiring that the beneficiary be adopted at the same time or after a natural sibling.

Read the ruling here Download file

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How many times have I been getting complaints from clients about ICE (Immigration and Customs Enforcement) agents harassing and violating rights of clients. There was this one client “under investigation” by ICE agents pretending to be a couple looking for a lost dog, asking him questions, only later to use without context in denying his adjustment case. Or the 3AM visit to a clients home, breaking and destroying personal property.

The average person/immigrant is terrified dealing with these agents. But read about this incident, Immigration Attorney, had an encounter with ICE agents at his private home that has led to his filing a complaint with DHS. Fortunately, the lawyer knows his rights, of course he does. Read the link from the ImmigrationProf Blog Here

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Are you feeling the H1B rush already? Our offices is extending our working hours in order to make sure that all our H1 files will be submitted in a timely fashion. So as April 1, H-1b visa application deadline approaching, IT companies are urging the government to authorize an increased number of visas to meet demand.

In just a few short weeks, the U.S. government will begin to accept applications for H-1B visas for Fiscal Year 2009. As was the case last year, not only is the annual supply of H-1B visas virtually assured to be exhausted on the very first day applications are accepted, half of those applying will lose out in the visa lottery, denying U.S. employers access to tens of thousands of highly skilled and badly needed professionals who could contribute to economic growth and job creation in this country,” Robert Hoffman, chairman of Compete America

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The U.S. consulate in London has posted a new comprehensive set of procedures for applying for E-1 and E-2 visas on its web site.

The UK produced the largest number of E2 investors in the past several years and we can see the results with huge backlog at the Embassy in London. The US Embassy in London has seen a dramatic increase in the number of applications for E-2 visas in the last decade. One cause of this increase has been the strength of the pound against the dollar; another has been the growth in value of UK real estate. Combined, these factors have resulted in large number of British investors with substantial capital who seek to invest in the United States. The US government welcomes such investment. However, it is important for investors to understand the purpose of the E-1 and E-2 visas so that they do not risk losing time and money in a lengthy visa process which may not result in an approval.

The Treaty Trader and Treaty Investor visas were established to facilitate and enhance economic interaction between the United States and other countries. They were not intended to serve as a means for foreigners to retire or merely reside in the United States. U.S. law (see paragraph 101(a)(15)(E) of the Immigration and Nationality Act) explicitly states that E-1 visa holders must enter “solely to carry on substantial trade” and E-2 holders “solely to develop and direct the operations of an enterprise” in which he or she has invested. Moreover, these visas are non-immigrant visas and thus temporary. Treaty trader/investor visas can be renewed or extended only if the investment or trade continues to meet all applicable requirements of U.S. immigration laws and regulations.

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The American Immigration Lawyers Association has provided us with the following information about when family-based adjustment applications under INA sec. 245 get placed in the interview queue, in light of the Feb. 4, 2008 memo from the Immigration Service regarding Name Check Delays: Assuming that an application is otherwise ready to be placed into the interview queue, and the only item remaining is the name check, then the application will be placed in the queue in time for the application to be ready to be scheduled for interview as of the 180th day.

If the application is not ready to be placed into the interview queue (for example, if the biometrics have not been taken), then the application will not be placed into the queue, even if the name check has been completed. USCIS reminds the public that the Field Offices schedule cases when they have available interview slots. The automated system by which Field Offices schedule interviews automatically schedules applications on a first-in, first-out basis (based on the date the filing was received at USCIS, which usually would be when received at the Lockbox), once the NBC identifies a case as interview ready.

I hope the new policy will streamline the process and will speed up the adjustment of status interview scheduling and adjudications.