Immigration Visa Attorney Blog

Last month a Congressional bill that would have allotted 55,000 permanent resident visas for foreign graduates with STEM degrees was defeated in the House of Representatives. The fate of the bill is particularly interesting because of the window it provides into the current state of immigration legislation in the United States.

Representative Lamar Smith, a Republican from Texas, sponsored the bill, entitled the STEM Jobs Act. The bill provides thousands of green cards for immigrants who receive degrees in science, technology, engineering and mathematics. On that point many in Congress were supportive.

But the fast-tracked measure failed in its vote, 257-158 coming up short of the two-thirds majority needed. The bill received the vote of the entire Republican caucus, along with that of several dozen Democrats.

Continue reading "Green Card Bill for STEM Graduates Fails" »

Deferred Action for Childhood Arrivals program is the government's way of providing a two-year respite from deportation for so-called DREAM Act youths. And while not a permanent solution to the country's many immigration issues, Deferred Action does seems to be a positive step towards addressing an immigrant group with unique characteristics.

As with virtually any program of this nature, there will always be complications arising from its parameters. Deferred Action is no exception, and in recent weeks we've been seeing some of those make their way to into the public eye.

To meet the criteria for Deferred Action, one must "have continuously resided in the country between June 15, 2007 to the present." Which means immigrants who otherwise would have qualified for Deferred Action but chose to leave the U.S. temporarily in order to apply for citizenship are stuck in a type of limbo.

Continue reading "More on Deferred Action" »

In recent weeks we've done some blogging about Deferred Action for Childhood Arrivals, the program similar in many ways to the DREAM Act most people are familiar with. (If you're not up to date on Deferred Action for Childhood Arrivals, please check out THIS POST.)

An interesting component of the Deferred Action for Childhood Arrivals which will begin to play itself out over the upcoming months deals with how qualified candidates will be made aware of the program. Some estimates say more than 1 million immigrants are eligible for Deferred Action. According to United States Citizenship and Immigration Services, less than 85,000 have signed up.

That disparity means there are quite a number of immigrants who are unaware they qualify for the two-year deferment. That is literally hundreds of thousands of children, teenagers and younger adults who don't have access to information that could impact their lives significantly.

Continue reading "Getting Creative to Reach DREAM Act Candidates" »

This will be the third blog in our series on Consideration of Deferred Action for Childhood Arrivals. After an examination of the program as a whole (LINK) and some of the program's specific guidelines (LINK), we will now take a look at the documentation needed to demonstrate for the United States Citizenship and Immigration Services (USCIS) that guidelines have been met.

For proof of identity, an applicant must be able to submit one of the following: A passport/national identity document from the country of origin; a birth certificate with photo ID; a school or military ID; or a U.S. government immigration document containing both name and photo. For proof of immigration status the USCIS will accept a Form I-94/I-95/I-94W with authorized stay expiration date; final order of exclusion or deportation as of June 15, 2012; or a charging document which places the applicant into proceedings for removal.

Records from U.S. schools attended, travels records, Form I-94/I-95/I-94W, immigration documents from the DHS or INS stating date or entry or hospital records can be used to prove an applicant came to the U.S. prior to the age of 16.

Continue reading "Consideration of Deferred Action for Childhood Arrivals - Part III" »

In our last blog, we provided an overview of the process of Consideration of Deferred Action for Childhood Arrivals (LINK). As mentioned, the two-year deferment is available to those who came to the United States as children, have not committed serious criminal offenses and who meet certain guidelines. In this blog we will look at those guidelines.

For starters, there are several important dates to keep in mind. As of June 5, 2012, perspective deferment applicants must have been under the age of 31. They must also have come to the U.S. before their 16th birthday and must have resided in the country, continuously, from June 15, 2007, to the present time. To be considered, applicants must have entered without inspection prior to June 15, 2012 or have had their lawful status expire as of the same date.

There is also an educational component to the deferment process. In order to be considered, an applicant must be: currently enrolled in school; have completed their GED; or be an honorably discharged veteran of the U.S. Armed Forces or Coast Guard.

Continue reading "Consideration of Deferred Action for Childhood Arrivals - Part II" »

The Department of Homeland Security (DHS) continues to focus its immigration enforcement efforts on the removal of two types of individuals: 1. Those who pose a threat to national security, and 2. Those who are a risk to public safety, such as violent criminals, felons, and repeat offenders. DHS does not want to expend resources on low priority cases, such as individuals who came to the United States as children, have not committed serious crimes, and who meet certain guidelines. This is where the process of Consideration of Deferred Action for Childhood Arrivals comes in.

While this deferral does not confer lawful status upon an individual, nor excuse an individual from previous or subsequent periods of unlawful presence in the United States, the Deferred Action for Childhood Arrivals gives an undocumented individual some allowances. That is, under existing regulations an individual who has obtained this deferral, which lasts for two years, is eligible to receive employment authorization for the period of deferred action, provided the person in question can demonstrate "an economic necessity for employment." Additionally, it also allows the individual to attend school.

Continue reading "Consideration of Deferred Action for Childhood Arrivals - Part I" »

A poll conducted earlier this month seems to indicate the Obama Administration's decision to stop deporting certain undocumented immigrants brought to the United States as children may not have helped boost his reputation on the issue among voters.

The Washington Post and ABC News conducted a poll asking whether or not voters approve of Obama's handling of the immigration issue. His rating was essentially identical to what it was at this point in 2010 and he received virtually the same favorable numbers as opponent Mitt Romney.

Less than 40 percent of adults polled said they approved of the job Obama was doing on issues related to immigration, while approximately half said they disapproved of his performance. Approximately 45 percent said they trusted Obama on the issue.

Voters in the eight swing states believed to be critical to the 2012 election (Nevada, Colorado, Iowa, Wisconsin, Ohio, Virginia, Vermont and Florida) polled at virtually identical numbers, thought the swing states had a slightly higher disapproval and trust percentages than the rest of the country.

Continue reading "President's new immigration policy not paying dividends with voters" »

We wanted to make sure you were aware of an interesting piece of legislation that was recently introduced by two members of the U.S. Senate.

In May, Senators Lamar Alexander, a Republican from Tennessee and Chris Coons, a Democrat from Delaware, introduced Senate Bill 3192, which carries the title: "Sustaining our Most Advanced Researchers and Technology (SMART) Jobs Act of 2012.

According to the authors, SB 3192 is designed to create a path for non-citizens who earn a masters or doctoral degree in a STEM field from an American university to remain in the country for up to a year while they search for employment related to their field of expertise. Once they have received employment, they would be eligible for a green card. Additionally, these STEM-specific green cards would not count towards any caps or limits already in place.

Continue reading "Senate Bill 3192" »

A recent case brought before the Sixth Circuit Court of Appeals highlights the issue of immigrants facing removal based on the Immigration and Nationality Act's (INA) policy dealing with so-called crimes involving moral turpitude (CIMT).

INA code refers to elements of CIMT as most commonly involving fraud, larceny and "intent to harm persons or things." Along with giving or being aware of false testimony, there is a long list of crimes the government believes contain "an inherently evil act." Everything from arson, to bribing a public official, to assault and murder is included.

In the case before the Sixth Circuit, the judge was asked to rule on whether the crime of felony-flight is one that involves moral turpitude. Mexican native Armando Ruiz-Lopez entered the country in 1991 and had been living in the U.S. for six years when he was pulled over for speeding less than a mile from his home. He continued driving and pulled into his driveway where he was arrested. As a first-time offender Ruiz-Lopez received a 40-day prison sentence and two years of community supervision for felony flight.

Continue reading "Crime Involving Moral Turpitude" »

This week the United States Citizenship and Immigration Services (USCIS) announced that it had reached the cap for H-1B petitions in FY 2013. Any petitions received by USCIS on or after June 12 will be rejected.

"June 11, 2012, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2013," the USCIS said in a release.

With the cap season opening on April 2, that means the 85,000 (65,000 regular, 20,000 advanced degree) cap number was reached in approximately ten weeks. This is a significant change from FY 2012, which the cap wasn't filled until late November.

A number of factors explain the increase in H-1B interest this fiscal, first and foremost being a slight improvement in the U.S. economy and the resulting boost in hiring. As we've mentioned before in this space, as the country emerges from its slow-down, companies have been deciding to invest in infrastructure and are making H-1B-heavy areas like information technology a priority.

Continue reading "H-1B Cap Reached" »

Speaking last week at the tenth installment of the Wall Street Journal's "All Things Digital Conference" (ATD10), LinkedIn CEO Jeff Weiner told the audience he thinks H-1B visas need to be relieved of their cap restrictions.

With more than 160 million users worldwide, LinkedIn is the world's largest professional network. More than two million companies have pages on the site. The company has offices around the world and boasts approximately 2,500 full-time employees.

Weiner spoke on the first day of ATD10 alongside LinkedIn co-founder Reid Hoffman. One of the topics addressed was the issue of H-1B visas and his desire that U.S. companies be allowed to bring in more employees from overseas.

Continue reading "Leading Tech CEO says: 'Free the H-1B'" »

As of the United States Citizenship and Immigration Services' (USCIS) May 18 report, there have been 42,000 regular (65,000) cap-eligible petitions received. Additionally the USCIS has received 16,000 petitions for the advanced degree, or 20,000, cap category.

In USCIS' previous May 11 report the cap numbers stood at 36,700 (regular) and 14,800 (advanced), respectively.

This May 18 report is the seventh of the fiscal year for USCIS. If the current rate of filing continues, the FY2013 seems likely to continue for approximately 4 or 5 more weeks.

Continue reading "H-1B FY2013 Update" »

The USCIS issued a revised "Q & A" regarding the establishment of employee-employer relationship with regards to H-1B. While the Q & A did not change any requirements for H-1B, it clarified that a "consulting company may be able to establish that a valid employer-employee relationship will exist."

This news appears to be in response to a January 2010 memo from Associate Director of Service Center Operations Donald Neufeld, which tackled the issue of H-1B and companies that handle consulting. The memo challenged whether or not a staffing firm could establish H-1B's required employer-employee relationship.

Under this new guideline, consulting firms can demonstrate employer-employee relationship by proving "the right to control the work of the beneficiary." This includes paying the beneficiary's salary, and if they "determine the beneficiary's location and relocations assignments and whether the petitioner will perform supervisory duties."

Continue reading "New H-1B Guidelines for consulting Firms" »

A report issued last month by the National Foundation for American Policy reveals startling numbers related to the rate at which Indian visas are being denied for the H-1B and L-1 categories. The study indicates it has become far more difficult for Indian-born workers to be approved for those visas by United States Citizenship and Immigration Services.

The raw numbers are alarming:

-H-1B denial rates for Indians rose from 2.8 percent in FY 2008 to 22.5 percent in FY 2009.

-The rate of "Requests for Evidence" (RFEs) rose from 4 percent in FY 2004 to 35 percent in FY 2008. In FY 2011 the percent of RFE was at 26 percent.

The NFAP points out in its conclusion that USCIS "adjudicators and/or others at the agency have made it far more difficult for skilled foreign nationals to work in America." The result, of course, is that "this is causing companies to consider moving more work out of the United States to ensure more predictability and avoid the difficulties of the U.S. immigration system."

Continue reading "Study Reveals Sad State of Indian H-1B Visa Approval" »

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" »