Immigration Visa Attorney Blog

Mark Warner, a member of the United States Senate from Virginia, says he will look into concerns regarding recent H-1B denials to applicants from India.

Warner is the co-chair of the Senate India Caucus. This month he spent a week in the country as part of a Congressional delegation. During the trip Warner was informed that some Indian companies believe the percentage of H-1B visas denials in their country has been higher than other parts of the world.

Warner said that in response to the concerns he has recently introduced legislation which would examine the U.S. visa issue and take a look at providing green cards to foreign nationals who graduate from American universities and wish to work in the country.

Warner has said he's in favor of removing the caps on H-1B visas and introducing "additional opportunities for Indian H-1Bs."

Continue reading "US Senator To Look at Indian H-1B Denials" »

Earlier this month the Obama administration announced it was going to try and tweak the process surrounding federal immigration law in the hopes of positively impacting thousands of American families. It is a story our readers in Troy, Michigan and Columbus, Ohio should follow closely.

As announced by U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas, the change involves how undocumented immigrants with American family members will be able to apply for a green card. Undocumented immigrants would be able to remain in the U.S. while waiting for the visa application process to be completed.

Under current law U.S. citizens can submit green card applications for spouses and children, whether or not those family members entered the country legally.

However, as it currently stands, in most cases those family members have to return to their home country to receive their visas. But leaving the country triggers an automatic policy where they cannot return to the U.S. for upwards of a decade, even if they are eligible to become legal resident.

The new proposal provides that undocumented immigrants receive a waiver before leaving the country to get their visa. The idea is that this will cut down on delays for their return.

Continue reading "A more sensible path to green card?" »

No doubt in recent days some of our readers here in Columbus have been watching South Carolina as it hosted an important primary as part of the 2012 presidential election process. The state is also the site of one of the more important debates with regard to immigration.

Last month Federal District Court judge Richard M. Gergel decided to block some of the most debated portions of South Carolina's controversial immigration law. The pieces of the law Gergel chose to strike down require the state's law enforcement to check immigration status of any person about which they have "reasonable suspicion" could be in the country illegally.

South Carolina's law, modeled after similar legislation in Arizona, took effect earlier this month. South Carolina's law had been challenged by the A.C.L.U. and Southern Poverty Law Center.

Gergel decided to uphold several other contentious portions of the bill, including one that requires immigrants to always keep their citizenship documentation on their person and another dealing with transporting or harboring undocumented immigrants.

Continue reading "On the South Carolina immigration debate" »

A recent CBS report focuses on the small Alabama town of Thomasville. Thomasville could lose out on a multi-million dollar foreign plant and the corresponding jobs it would create because of the state's new immigration law.

A representative of the Chinese company told Thomasville's mayor he thinks Alabama "shot itself in the foot" in terms of foreign investment:

In a down economy with higher unemployment, it is easy for programs like H-1B to be cast as standing in the way of Americans finding new and higher paying jobs. Our readers here in Columbus, Ohio have heard us challenge that narrative on a number of occasions.

And that is why a recently released study by the American Enterprise Institute for Public Policy Research has the potential to be of significant benefit in terms of public opinion on the issue.

AEI's study contains a number of eye-opening findings, foremost among them that an average of 262 new jobs for Americans can be linked to every 100 foreign-born workers graduating from U.S. universities with advanced degrees in science, technology, engineering and mathematics (STEM). The study looked at the eight-year period between 2000 and 2007.

"Immigrants with advanced degrees boost employment for US natives," the report says in its executive summary.

Continue reading "Columbus, OH Attorney: Study Details Benefit of Skilled Immigrants to Job Creation" »

A somewhat unusual idea for sidestepping U.S. visa practice has been making headlines the past few weeks. Regardless of whether it ends up becoming a reality, the existence of the plan does an excellent job of framing the modern immigration debate.

The program in question is called Blueseed. The brainchild of CEO Max Marty and President Dario Mutabdzija, the idea is a living and office space located in a large boat or barge approximately ten miles off the coast of Northern California.

It would house individuals or corporations of all nationalities and provide the ability to take day trips to California using temporary visas. "Existing visa policies were designed for a different era," Marty told the New York Times.

Continue reading "Columbus, OH Attorney on the floating, "technology incubator" " »

Readers of the blog know that reform with respect to the EB-5 Immigrant Investor and H-1B visa programs are topics we touch on rather frequently. (Entries can be found HERE and HERE.)

Which is why we find a recent speech by Michigan governor Rick Snyder incredibly positive in terms of bringing attention to what those at the state level are seeing. His remarks are especially relevant to our friends in Troy, Michigan, given the importance of job creation in the state.

In an address last week at Delta College, Snyder said he would petition Homeland Security to make permanent the EB-5 program, which is set to expire in September of 2012. "The EB-5 foreign investor program provides international investors the chance to live here by investing in Michigan's economy and creating job," he said.

EB-5 grants permanent U.S. residence to foreign nationals investing at least $1 million into a business that creates or maintains ten jobs. Other components of the program include a $500,000 category for investment in designated areas with high unemployment.

Continue reading "Michigan governor to push for EB-5, H-1B reform" »

A recent report on the United States Citizenship and Immigration Services (USCIS) paints a disturbing picture of the how the organization charged with overseeing lawful immigration in this country operates. We feel it provides some useful insight for our readers and clients in Columbus, Ohio and Troy, Michigan.

In a report dated November 22, auditors from the Government Accountability Office (GAO) said that a $1.7 billion project to modernize operations at USCIS has been plagued by unreliability related to cost and planning.

In late 2008 USCIS awarded a technology and services project to IBM that was supposed to "move the agency to a new centralized and consolidated electronic environment that will enable faster, more efficient and accurate immigration benefits determination and processing." The contract was initially given $491.1 million in options for five years.

Continue reading "Columbus, OH attorney on report of USCIS mismanagement" »

We just wanted to wish everybody a safe and pleasant holiday.

Wednesday the United States Citizenship and Immigration Services announced that the H-1B visa cap number for FY 2012 has been reached.

The final receipt date for cap-subject H-1B petitions was Nov. 22, meaning new applications will not be considered. The USCIS said only petitions physically received by that date will be evaluated; postmark dates do not impact the process.

H-1B's regular cap number of 65,000 was the number reached Tuesday. The 20,000 cap master's exemption was attained in October.

The Nov. 22 date represents an almost two-month difference from FY2011. The regular cap for the previous fiscal year was reached on Jan. 26.

The USCIS' release stated that the following non-cap petitions are still being accepted:

-to extend the amount of time a current H-1B worker may remain in the U.S.;
-to change the terms of employment for current H-1B workers;
-to allow current H-1B workers to change employers; and
-to allow current H-1B workers to work concurrently in a second H-1B position.

The Board of Alien Labor Certification Appeals (BALCA) recently ruled on a case related to the confirmation of an employer's sponsorship of a foreign worker. We think it is an interesting decision, one that our friends here in central Ohio should pay attention to as they work on these kinds of application.

Four years ago a company filed for Permanent Employment Certification (PERM) for a landscaping/grounds keeping-related position. The Certifying Officer (CO) in the case denied the application on the grounds that they could not verify the employer's sponsorship of the candidate.

When applying, the Employer included a signed "declaration under of penalty of perjury" from the company president attesting to the conditions of employment. In the denial, the CO stated it tried unsuccessfully to reach the president by phone on five separate occasions over a one-month period.

Continue reading "PERM Judge rules on telephone verification " »

An immigration case that has been featured prominently in the news over the past week highlights some of the issues currently plaguing our system. This should help illustrate for our readers here in Ohio just how damaged the investor visa program is at this point.

ABC World News last week reported on the story of 22-year old Israeli national Amit Aharoni. Aharoni, a graduate of Stanford Business School, was able to land more than $1.65 million in capital to launch an online company that helped customers book cruises

Aharoni's company, CruiseWise.com, already employed nine Americans and was mentioned by Business Insider as one of the country's hottest startups. Aharoni said his hope was that CruiseWise could create hundred of jobs in the San Francisco area.

Continue reading "Columbus, OH Attorney: A disturbing visa case gets national attention" »

We wanted to touch on a national initiative that the United States Citizenship and Immigration Services (USCIS) has undertaken to combat fraud related to immigration services provided by non-attorneys.

Malfeasance related to immigration services provided by those not licensed to practice law is a serious issue and it's important our readers are aware of what the government is doing to tackle the problem.

This year the USCIS has launched a program that aggressively targets scam agencies which prey on the immigrant community by promising unrealistic servicers. Unusually fast acquisition of green cards and work permits are offered using email and word mouth, among other means.

The initiative focuses on enforcement and education, along with collaboration with those in the community. USCIS is targeting unauthorized practice of immigration law and is setting up a database to better manage consumer complaints.

Assistant Attorney General for the Civil Division of the Department of Justice Tony West said: "This coordinated initiative targets those who prey on immigrant communities by making promises they do not keep and charging for services they are not qualified to provide."

Continue reading "Columbus, OH immigration attorney on the unauthorized practice of law" »

Earlier this month the "Council on Jobs and Competitiveness" - a group the president charged with looking at ways to stimulate the economy - officially released its suggestions. The council is comprised of a number of business experts, including GE head Jeffrey Immelt and high-ranking executives at Facebook and AOL.

The approximately 50-page report touches on a number of areas, one being the oft-debated and highly contentious issue of immigration reform.

The council suggests that the United States needs to do a better job keeping the world's most talented immigrant entrepreneurs within its borders so the next Google or Intel is not created elsewhere. The report asks the question: "Will the next generation of great companies be started in China and South Korea - or will existing barriers to entry be modified so foreign-born entrepreneurs can create those companies in California and South Carolina?"

Continue reading "Columbus, Ohio immigration attorney questions whether Obama's job council on the right track " »

In recent weeks our office has been getting a number of inquiries into the EB-5 program. We thought this would be a good opportunity to review some recent information related to the program.

As many of you are aware, EB-5 is an immigration investor visa program that was created as part of the Immigration Act of 1990. It grants lawful permanent residence to foreign nationals who invest $1 million into a U.S. business that either creates or preserves ten American jobs.

There are other components to EB-5, such as a $500,000 category for investment into so-called Regional Centers, Targeted Employment Area (TEA) areas where unemployment is at least 150 percent the national average, or in rural areas. In recent years much of the EB-5 visas have been centered around the real estate industry, but the visas impact other industries such as clean technology and finance.

Continue reading "EB-5: The Latest" »