Visa Lawyer Blog

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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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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.

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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.