Visa Lawyer Blog

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Much has been said about the DV Green Card lottery program, some even said that the program will be terminated all together. But for now the DHS issued a revision of the photo specification rule.

This rule revises the photo requirement as part of the application process for a Diversity Immigrant Visa, to require that the photo be in color. Color photographs enhance facial recognition and reduce the opportunity for fraud.

In the past, photographs submitted at the time of electronically filing petitions for consideration under INA 203(c) for issuance of diversity immigrant visas could be in either color or black and white. As part of the general harmonization of photo requirements for all visa functions, this requirement is being amended to make color photos the only acceptable photographs for a petition for consideration for diversity visa issuance. Compared to black and white, color photographs enhance the facial recognition process and reduce the opportunity for fraud.

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Arizona Law Mandating E-Verify went into effect on January 1, 2008 and is the nation’s toughest workplace enforcement law. It is aimed at punishing employers who knowingly hire illegal immigrants. Many other states are watching Arizona’s example and considering similar legislation.

The AZ District Court Dismisses Challenge to Employment Verification Law by industry leaders and activist groups. This ruling is a negative sign as to what will happen in other States trying to enforce immigration law locally.

Read the Order here

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H1B season is coming up, I am already feeling the pressure. Clients, employers and employees are calling and are anxious to start the process. USCIS in anticipation of the filing madness issue some tips for you to follow:
U.S. Citizenship and Immigration Services (USCIS), anticipating that April 1, 2008 will see a repeat of the mass filings from last year, wishes to offer this list of measures the petitioner can take to ensure that their petition is correctly filed.

For Fiscal Year 2009, the first filing date is Tuesday, April 1, 2008. Cap subject petitions received before that date will be rejected. Petitions are filed at Vermont and California Service Centers, depending on jurisdiction. See filing instructions. Both the forms and the instructions can be downloaded from this website. Click on this page’s related link, “Download form I-129: Petition for a Nonimmigrant Worker” or visit the “Immigration Forms” section of our homepage.

Here are some general tips on what to do to make sure that your petition is completed and filed properly.

1. Clearly label all H-1B cap cases in red ink on top margin of Form I-129 petition. Use the following codes:
Reg. Cap (65,000 regular cap cases minus the C/S cap cases received)
C/S Cap (Chile/Singapore H-1B1s)
U.S. Masters (20,000 cap exemption for beneficiaries with U.S. Masters or higher degrees)
Exempt (for petitions filed by certain institutions of higher education; nonprofit organizations; and nonprofit research organizations or governmental research organizations, as defined in USCIS regulations)

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Finally some relief is coming to those pending FBI name check processing. This February 4, 2008, USCIS Michael Aytes memorandum modifies existing guidance regarding background and security checks on applicants, petitioners, and beneficiaries seeking certain immigration benefits.

As you may know, thousands of applicants are facing name checks delays by the FBI and other agencies. In many cases for no reason what so ever. Now USCIS is issuing this revised policy to align all agencies background checks with those of USCIS.

Under the new policy, applications that are otherwise approvable and the FBI name check has been pending for more than 180 days, the officer must approve the I-485, I-601, I-687 and proceed with Card issuance. So in other words, if the case is good and the FBI is the only reason for the delay after 6 months of delay, USCIS must issue the card. This doesn’t apply to pending Citizenship N400 cases at this time for some reason.

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I was featured on a special edition of the Rick Amato Show on Monday from 8pm-11pm immediately following the President’s State Of The Union speech. Scheduled guests included Congressman Bob Filner and Brian Bilbray. The president discussed the economy and Immigration in the speech. Listen to my commentary after the speech in the podcast below, (skip the first 15 minutes to listen to my discussion)
Click here to listen

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Here is a trivia for Monday morning for you. He is at the heart of a great culture war in Texas – and the nation, credited with bringing us prosperity and blamed for abusing our resources. How should we deal with this stranger among us? Read what the Dallas news has to say about the man of the year – The Illegal Immigrant.

Immigration legal and illegal is certainly going to be the biggest issue in 2008, you will see.

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The H1B season is certainly here, USCIS announced that effective January 30, 2008, certain cap exempt H-1B petitions should be filed with the California Service Center, where they will be processed by a dedicated unit. It seems that the government is getting ready for the massive filing attack due on April 1, 2008, so they are taking steps to ease the pressure.

What H1B cases are actually cap exempt?
H-1B “cap exempt” petitions, as referenced here, include petitions filed by:
• Institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
• Nonprofit organizations or entities related to or affiliated with institutions of higher education; and
• Nonprofit research organizations or governmental research organizations, as defined in 8 CFR 214.2(h)(19)(iii)(C). Such institutions and organizations can indicate that their H-1B filing is cap exempt by marking Form I-129 (Petition of Non-Immigrant Worker) with a “yes” answer to questions 1, 2, or 3 in Part C of the H-1B Data Collection and Filing Fee Exemption Supplement (page 10).

h1b-2008.jpg

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Immigration legal and illegal, provides one of the clearest contrasts between the parties. While both Democrats and Republicans advocate various enforcement measures, most of the Republican contenders refuse to accept legalizing an estimated 22 million undocumented immigrants now in the U.S.; all the Democratic contenders support it. GOP candidates have highlighted their hard line approach, while Democrats have generally avoided the topic unless asked.

Below is a CNN summary of the candidates’ take on immigration. Click here to read more

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I was invited to comment on the State of Union speech yesterday on the Rick Amato Show, it was obvious that the President was going to mention the Immigration issue, and he did. He briefly mentioned that Congress has a responsibility to fix our broken system.

I am very optimistic, McCain’s win in Florida today maybe an indication that we are getting ready for a possible change. The foreign Born community in thid country will support the Candidate that will take a chance on immigration reform. Ruben Navarrette Jr.writes today:

For the foreign-born, many of whom care deeply about the immigration issue, maybe the person who deserves their support in November isn’t the candidate who voted to build a wall along the U.S.-Mexican border (Barack Obama) or the one who equivocated on giving illegal immigrants driver’s licenses only to cave in and oppose it (Hillary Clinton). Maybe it’s the guy who stuck his neck out and co-sponsored with Ted Kennedy, no less, a comprehensive immigration reform bill that offered a path to legal status and made him a pariah in his own party.

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