Visa Lawyer Blog

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We process numerous EB1 cases at the firm, I consider theses case to be the most difficult and challenging to win. Take for example the recent AAO non precedent denial of an EB1 case. The AAO upholds the denial of an I-140 petition for classification as a research scientist of extraordinary ability, finding that the petitioner failed to establish sustained national or international acclaim. Evidence in many of the categories was rejected as not setting the individual apart from others in the field.

The EB-1 visa is an immigrant visa, which allows foreign nationals with ‘extraordinary ability’ in the sciences, arts, education, business, or athletics to obtain permanent residency in the U.S. The achievements must have been demonstrated by sustained national or international acclaim be recognized in the field through extensive documentation.

Read the court decision here Download file

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A few days ago, the government announced that Assistant Secretary Myers signed a memorandum of agreement with the Deputy Foreign Minister for Vietnam regarding the repatriation of Vietnamese nationals who have been ordered removed. The agreement will enter into force in 60 days.

The repatriation agreement is the culmination of almost a decade of negotiations between the United States Department of State and the government of Vietnam. Under this agreement, Vietnamese nationals who arrived in the United States on or after July 12, 1995 are subject to return to Vietnam. To date, this will affect approximately 1,500 Vietnamese nationals currently living in the U.S.

Read the press release Download file

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It is amazing to see the reaction from the public across the globe to Heath Ledger’s death. Maybe it is because he is so different from the regular hollywood crowd, maybe because in this day and age he was really a nice guy.

I didn’t know him in person but, I was assisting a client working in the movie “Dark Knight” to obtain a work visa. The movie was filmed in Chicago this past summer. My client often told me about the work process and among other things working with the star Heath Ledger. He was such a kind talented star, everybody just liked him.

I send my deepest sympathy to his family and say to them that they are not mourning alone. The US also lost a great immigrant actor.

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Many of us living in border cities like San Diego are used to crossing the border to Mexico as a matter of routine. Upon entry all we had to do is state US Citizen, to the USCIS officer and he would let you in. This is all changing as of January 31, 2008. On January 31, DHS is ending this practice such that oral declarations alone to prove identity and citizenship will no longer be sufficient. Visitors will be asked to present certain documentation from a specified list when entering the United States at land or sea ports of entry.

Expect longer lines at the Ports of Entry.

Read the DHS press release here

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I read an interesting article on Informationweek.com regarding the Tech Skill shortage in the US. The fact is that we do have a shortage of qualified skilled tech workers whether you like it or not. How do I know that for a fact? Well maybe due to the fact that more than 300,000 skilled workers filed for H1B visas last year, competing for a mere 65,000 slots. Or maybe the numerous calls that we and thousands of other Immigration lawyers across the country get from worried employers concerned about what is going to happen this year.

Well last year the H1B quota was filled in the first day applications were received. In fact, so oversubscribed was it that the USCIS had a lottery to decide which of the almost 300,000 applicants will be fortunate enough to receive a Visa.

The unsuccessful applicants got their applications returned, together with their filing fees. We all expected that the visa numbers will be increased, but this never happened. Several large companies such as Microsoft, Apple and Dell have been lobbying hard for such an increase, but that has not produced any results so far.

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I just got the recent report from the American Immigration Lawyers Association regarding receipting processing schedule. This is the most current receipting times at CSC, NSC, TSC, VSC as of 1/4/08, and at the Chicago and Los Angeles lockboxes as of 1/14/08.

Click here to get the full report Download file

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On January 8, 2008, I appeared on the Rick Amato Show on radio station KCBQ 1170AM. Based in San Diego, California, The Rick Amato Show broadcasts from The Edge of America™. The Show exposes issues, raises awareness and often makes a difference in the lives of people during times of injustice. I will be the regular legal analyst on immigration issues on this show and will appear on a monthly basis or as issues arise. I am excited to be part of this great Talk Show.

Rick Amato and I spent the first hour of the show (almost, you can skip the first 5 minutes) talking about immigration law, the H2B visas crisis and the New Hampshire primary. I discussed the impact of Immigration on the elections and how the different candidates view the immigration issues. Listen to the podcast from the link Below.

Click Here to listen

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Thousands of Immigrants are facing sever processing delays due to Name Check and other security background checks delays. In some cases the delays is so severe, causing the applicants extreme hardship in every day life. I can say that every day we get calls from clients seeking assistance with the name check delays. In most cases I suggest to approach the issue on a case by case basis.

Here are a few suggestions on how to approach this problem:

Whether you have an attorney or you are following the case yourself, you must make consistent inquiries on the case with the USCIS. Inquiries can be done via email, in writing, or in person via infopass. No matter how you do it, keep a consistent log of all inquires on the case.

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The U.S. Department of Homeland Security (DHS) announced a few days ago a final rule establishing minimum security standards for state-issued drivers’ licenses and identification cards.

Homeland Security Secretary said the following:

“The American public’s desire for greater identity protection is undeniable,” said Homeland Security Secretary Michael Chertoff. “Americans understand today that the 9/11 hijackers obtained 30 drivers licenses and ID’s,and used 364 aliases. For an extra $8 per license, REAL ID will give law enforcement and security officials a powerful advantage against falsified documents, and it will bring some peace of mind to citizens wanting toprotect their identity from theft by a criminal or illegal alien.”

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As you may know starting January 31, 2008 all US Citizens who enter the US by land and sea ports-of-entry when arriving from Canada, Mexico, the Caribbean and Bermuda will need to present a valid passport. In addition to the regular passport, a Passport card will be available.

U.S. citizens may begin applying in advance for the new U.S. Passport Card beginning February 1, 2008, in anticipation of land border travel document requirements. Cards will be available and mailed to applicants in spring 2008.

The passport card may not be used to travel by air. It will otherwise carry the rights and privileges of the U.S. passport book and will be adjudicated to the exact same standards. The Department of State is issuing this passport card in response to the needs of border resident communities for a less expensive and more portable alternative to the traditional passport book. The card will have the same validity period as a passport book: 10 years for an adult, five for children 15 and younger.

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