Visa Lawyer Blog

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The February Visa Bulletin was just released, and it is getting worse every month. Now The EB2 category for advance degree professionals will be unavailable for a while. This is how we reward the Indian engineers and high skilled professionals that come to our country and help us move forward.

It is unclear for how long the EB2 category will be unavailable for Indian nationals, but this is certainly a sad situation for thousands of applicants waiting for visa numbers to become current. So what is next? Our prediction is that it will get more difficult to immigrate, perhaps China is on the line for the March Bulletin. We will keep you posted if anything changes in this respect.

We link to the February Visa Bulletin here

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As we approach the New Hampshire 2008 presidential primary, the immigration issue should remain a key factor to be addressed by all candidates.

The importance of a reformed immigration policy in a broader homeland security strategy has made it a major subject of debate in the 2008 presidential election already. This debate escalated recently surrounding the controversial immigration reform legislation proposed in 2007, that would have granted temporary guest status to millions of illegal immigrants.

For the Candidates take on immigration click here…

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The January 14th issue of Businessweek, features an important article about the future of business under an enforcement only immigration policy.

For years there has been an implicit understanding among businesses that need workers, illegal immigrants willing to do those jobs, communities that benefit from such commerce, and a government that rarely intervened. Now that understanding has been torn apart. Of 1,500 people surveyed in June by the Pew Research Center, 55% said the most effective way to reduce illegal immigration from Mexico is to increase penalties on employers. In a Democratic Presidential debate in November, Barack Obama said: “An employer has more of a chance of getting hit by lightning than being prosecuted for hiring an undocumented worker. That has to change.” All of the candidates, with varying degrees of vigor, have expressed the same sentiment.

Read the entire article here

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We just received breaking news from USCIS that the H2B CAP for the second half of 2008 has been reached. USCIS is hereby notifying the public that January 2, 2008 is the “final receipt date” for new H-2B worker petitions requesting employment start dates prior to October 1, 2008.

The news hit us all hard, both lawyers and employers will need to struggle to keep workers on the job and the business going. I urge employers to write to their elected officials to take action and save our economy before it is too late.

Read the press release here Download file

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As we about to welcome 2008 and wish for the best for us and our families, millions of illegal aliens, will join the celebrations with us. Over the years this, second class America has become part of our life, just like we became part of theirs.

Ellis Cose of newsweek reports:” The percentage of immigrants (including those unlawfully present) in the United States has been creeping upward for years. At 12.6 percent, it is now higher than at any point since the mid-1920s. The number (an estimated 37.9 million) is bigger than at any previous time in history. ”

As arguments about immigration heat up the campaign trail, we also ought to ask some broader questions about assimilation, about how to ensure that people, once outsiders, don’t forever remain marginalized within these shores.

Continue reading

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It will be a sad end of the year for many pro immigration activists and immigrants (legal and illegal) in the State of Arizona. The new Employer sanctions legislation is the talk of the state for many months now. The state’s new employer-sanctions law, which takes effect January 1, will cause some serious trouble to employers and immigrants. The voter-approved legislation is an attempt to lessen the economic incentive for illegal immigrants in Arizona, and to spread fear among employers thinking of hiring illegal workers.

It will be interesting to see how this law will affect the State of Arizona, as I am sure many other state will learn and implement similar legislation in the next few years. My only hope is that the conclusion will be that a comprehensive immigration reform is needed, rather than an enforcement law, this will benefit employers and the workers trying to get jobs.

Read more here… and Merry Christmas!!

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When applicants apply for visas abroad they need to pay a fee for the visa and sometimes additional fees for reciprocity. Well, the cost of such fees will increase next year so it seems.

DOS published an Interim Final Rule raising the fee charged for processing of immigrant and nonimmigrant visa applications, as well as Border Crossing Cards at consulates. The rule is effective January 1, 2008 and comments are due February 29, 2008. All applications before that date are subject to the old fee.

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Last month ICE issued a new directive relating to detained arriving aliens who are found to have a credible fear by an Immigration Judge or USCIS officer.

The new policy can be found on AILA’s website: AILA Doc. No. 07111264 (Nov. 12, 2007).

The new policy implements a two-part analysis for making parole determination as they relate to detained arriving aliens who are found to have a credible fear of persecution or torture by an Immigration Judge or USCIS officer only. Step one of the analysis includes establishing identity, flight risk and danger to the community. The directive indicates which documents will be acceptable including a valid government issued document and affidavits from third parties. Step two is an “assessment of whether the alien has established that he or she falls within one or more of the five categories” in 8 CFR section 212.5(b).

Continue reading

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I guess the USCIS have some bad apples as well. The former assistant chief in the U.S. Citizenship and Immigration Services was convicted yesterday by a federal jury in Alexandria on two felony counts of harboring an illegal alien and encouraging and inducing an illegal to reside in the United States.

Read the full story here..