Immigration Visa Attorney Blog

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" »

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" »

One of the more interesting developments in U.S. immigration over the past few years is that Asians have overtaken Hispanics as the country's largest immigrant population.

Using percentage of foreign-born annual arrivals, the Pew Research Center reported that in the last three years Asia has became the top source of immigrants. 430,000 Asians came to the U.S. in 2010, a number that represents 36 percent of all new legal and illegal immigrants. In the same year there were 370,000 new Hispanics arrivals.

A recent article in Forbes detailed some of the reasons we have seen the shift. High growth rates in Asian countries, along with economic conditions in the U.S. and Mexico/Central America have combined to move the groups in opposite directions.

Continue reading "Asian immigration on the rise" »

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" »

In May the Obama administration decided to increase the parameters for Optional Practical Training (OPT) program, significantly increasing the number of fields involved. This is a somewhat significant development, potentially impacting thousands of students across the country.

For those unfamiliar with OPT, it is a temporary employment program connected with Science, Technology, Education and Mathematics (STEM) students in the United States on F-1 visas. OPT allows F-1 visa students to remain in the country and work for an additional 29 months before or after completion of their education.

In 2008 President George W. Bush added a 17-month extension to the program, increasing the maximum length of the visa from 12 months to its current parameters. To be eligible for the extension, the applicant must have received his or her STEM degree and have an employer enrolled in E-Verify.

The big change unveiled last month is that the administration is adding approximately 90 eligible fields to the total pool of OPT, with raises the number to 400. There will be no change to the 29-month limit.

Continue reading "OPT Visa Program Expanded" »

Some of you are no doubt aware the Obama administration made a major announcement last week regarding undocumented immigrants who would fall under the auspices of a program like the DREAM Act. That is, hundreds of thousands of immigrants in good legal standing who were brought to the U.S. as children will no longer be pursued for deportation by the Department of Homeland Security (DHS).

Effective June 15, DHS will not pursue these cases as part of a new Deferred Action Process (DAP).

"Our nation's immigration laws must be enforced in a sensible manner," said Secretary of Homeland Security Janet Napolitano. "But they are not designed to be blindly enforced without consideration given to the individual circumstances in each case. Discretion, which is used in so many other areas, is especially justified here."

First, the particulars. To qualify for the DAP you must:

1. Have come to the United States before the age of 16.
2. Currently live in the U.S. and have resided here for five continuous years preceding June 16.
3. Have graduated from high school or received a GED, be currently enrolled in school, or be an honorably discharged veteran of the Armed Forces or Coast Guard.
4. Have never been convicted of a felony, "significant misdemeanor" or multiple misdemeanors. You can also not pose a threat to national security or the public safety.
5. Be 30 years of age or younger.

If an immigrant is able to prove they meet these criteria through "verifiable documentation," they will be allowed to receive deferred action for two years and be able to apply for work authorization. This deferment will be subject to renewal after two years. At that point individuals who wish to renew their deferment will have to re-apply for an extension. If the extension is granted, they will need to re-apply for employment authorization.

Continue reading "Deferred Action Process" »

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'" »

Last week the Department of Homeland Security announced that it had designated the nation of Syria for Temporary Protected Status (TPS). This will be in effect for 18 months and will be reviewed again before the end of that period.

Additional details will be forthcoming from Homeland Security as to who qualifies and exactly how to work through the application process. In the meantime this would be an ideal time for Syrians in the Columbus, Ohio area to seek out assistance from an experienced immigration attorney.

Homeland Security uses the TPS designation in situations where conditions in a foreign country make it unsafe for a foreign national to return safely. Cases like civil war and environmental disaster are common reasons the designation is used by the U.S. government. If foreign nationals are found eligible for TPS they can obtain employment authorization (EAD), can be granted traveling privileges and are not removable from the U.S.

In the case of Syria, the concern is over a citizen uprising related to President Bashar al-Assad. According to the United Nations, more than 9,000 people have died since the so-called Arab Spring made its way to the country in 2011. Currently there are concerns about military snipers targeting unarmed civilians including small children.

Continue reading "Syria Granted Temporary Protected Status" »

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" »

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: