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" »

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" »

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" »

One possibility of becoming a legal citizen of the United States was introduced to Congress in 2007 as the DREAM act. An acronym for Development, Relief and Education for Alien Minors, the DREAM act has been reintroduced and redefined since its inception.

If passed, the DREAM act would enable people who were brought to the United States illegally as minors and have lived in the country for at least five years prior to the bill's enactment to obtain permanent residency. Other conditions apply to the law as well, such as graduating from a U.S. high school and showing good moral character.

The act would also offer a six-year period of temporary residency if those who qualified were to complete two years of service in the military or two years of education at an institution of higher learning. During that six-year period, they may achieve permanent status by acquiring a degree or serving another two years in the military.

Continue reading "A DREAM possibility" »

Here is an update for our readers on an immigration story we highlighted back in January. The case takes place in California but the issues related to student visas and the college system are worth examining here in a central Ohio community very strongly centered around higher education.

Last month Susan Xiao-Ping Su was arrested by federal prosecutors on charges including visa fraud, money laundering, wire fraud and alien harboring. Su, 41, was arrested in Pleasanton, California on May 2 after being indicted April 28 on 33 separate counts.

(You can find our detailed post on Tri-Valley HERE.)

Su's indictment says that over a two-year period she used the country's visa program to defraud the Department of Homeland Security out of millions of dollars. Su would submit fraudulent documents, the indictment says, for student visas in exchange for payment Tri-Valley referred to as "tuition and fees."

U.S. Attorney Melinda Haag said in a statement that Su's indictment alleges she "took advantage of others' eagerness to come to the United States."

Students were admitted to the unaccredited Tri-Valley so they could remain in the country on student visas without requiring them to attend class. In 2009 Tri-Valley had two international students enrolled on visas. In the fall of 2010 that number became more than 1,100.

95 percent of Tri-Valley's students were from India. The school was primarily an online university, with its students living throughout the country. Tri-Valley filed documents alleging more than half of the school's 1,500 international students were living in the same apartment. Prosecutors referred to the school as a "sham university" in a separate civil suit filed in January.

In the civil suit the university was said to be engaged in a pyramid scheme, whereby those already enrolled at the school could collect 20 percent of the tuition for new students they recommended.

Continue reading "Tri-Valley President Arrested on Fraud Charges" »

The saga of Tri Valley University and founder Susan Su is an eye-opener to one way the immigration and educational systems can be exploited and how students can be caught in the middle. We hope folks here in Columbus take a close look at the case.

In January the United States government seized property owned by Susan Su, director of Tri Valley University (TVU), due to allegations related to fraud and other illegal activity. In forfeiture proceedings where typically the properties are the named defendants, the U.S.government asserts that the properties were acquired with illegal funds. The government asked the court to turn over the property due to misuse of visas and permits, mail fraud, wire fraud and money laundering. Court documents outline the alleged offenses which occurred during an elaborate defrauding scheme between 2008 and 2010.

In April of 2008, Susan Su created TVU, an entity that supposedly offered online college classes. The government's complaint explains that while the private learning institution was seeking accreditation from the Department of Homeland Security (DHS), students were already being recruited and tuition was being paid. In reality the existence of the university was purely for fraudulent purposes.

The focus of TVU was to gain foreign immigrant students by securing F-1 visas. TVU was developed as an illegal institution that allowed foreign nationals to immigrate to the United States and be considered "students" as long as $2,700 "semester" fees were paid. DHS's explanation for not identifying the scheme is that the current immigration system is inadequate for tracking the educational status of foreign nationals. The reason DHS offers for not catching the scheme exonerates the students, who appear to be the true victims of DHS's failures and the school's alleged fraud.

The complaint asserts the first offense committed by TVU and Su was a willing misuse of the visa program. Throughout the accreditation process TVU completed federal documents using inaccurate information in order to circumvent Homeland Security. To receive accreditation by the DHS, TVU had to submit a Form I-17 petition. Su and her staff misled the government by claiming they were operating a legitimate school.

The second offense that occurred was mail fraud. In addition to filling out federal documents, TVU had to supply DHS with three articulation statements from major universities asserting credits earned at TVU would be transferable to larger learning institutions. Mail fraud occurred when TVU sent the fraudulent documents and statements to DHS through the U.S. Postal Service.

Continue reading "Immigration Attorney Examines Tri Valley University Case" »

In January the United States Citizenship and Immigration Services (USCIS) updated its "Handbook for Employers." The handbook is a how-to for completing Form I-9, which is the "Employment Eligibilty Verification From." Employers here in the Columbus area need to make sure they are aware of these changes.

A note from USCIS Alejandro Mayorkas detailed the updates added for the January 5 version. He says in the memo:

"(The handbook) has been revised and updated with new information about applicable regulations, including new regulations about electronic storage and retention of Forms I-9; it clarifies how to process an employee with a complicated immigration status; and, it addresses public comments and frequently asked questions."

Mayorkas highlighted the following new components of the Form I-9 process:

-New visual aids for completing the form.
-Examples of the USCIS' new documents.
-A more expansive section on guidance for lawful residents, refugees and asylees and exchange visitors and students.
-More guidance related to processing employees or "porting" them to H-1B and H-2B status.
-More guidance for extending the stay of an employee with temporary authorization.

The goal of the Immigration Reform and Control Act of 1986 was to limit illegal immigration by cutting down on job opportunities which might lure "unauthorized persons" to the United States. It is therefore illegal to hire or employ an alien not authorized to work in the U.S.

Continue reading "Form I-9: USCIS Updates Employer Handbook" »

On Wednesday federal agents from the United States department of Homeland
Security searched California's Tri-Valley University, as well as the home of the school's president, reportedly in connection with a criminal immigration investigation. The story is one that should be monitored by students in Ohio and Michigan that are involved, or are considering involvement, with student visa programs like the F-1.

Media outlets have reported agents from Immigration and Customs Enforcement were seen taking pictures and video at locations in the city of Pleasanton. The raid reportedly began early in the morning and included several properties linked to the school.

One of the targets appears to be Susan Su, Tri-Valley's president and founder. Agents were seen at a 6,400 square foot home on a nearby golf course which records show Su purchased in early December.

Agents told a local TV station the raids were part of an "ongoing criminal investigation into the school and its administration."

Continue reading ""Homeland Security Raids University"" »