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U.S. Citizenship and Immigration Services (USCIS) must be thinking positively that the economy will improve soon. It looks like some time next month, USCIS will publish a notice of proposed rule making for a new electronic registration system for H-1B petitions subject to the annual 65,000 cap. In "Registration Requirement for Petitioners Seeking to File H-1B Petitions on Behalf of Aliens Subject to Numerical Limitations", USCIS will propose a cheaper way for employers to register for … [Read more...]
Archives for December 2010
December 25, 2010 by ·
For 24 immigrants in New York, Santa could not have brought a better gift. Outgoing Governor David Paterson pardoned 24 individuals for crimes he felt had immigration consequences that were "excessively harsh and in need of modernization." Earlier this year, Governor Paterson set up an immigration pardon board after he learned that even the most minor of crimes can have devastating immigration consequences including deportation of the offender, permanent separation of families in mixed status … [Read more...]
December 24, 2010 by ·
The Senate's failure to enact the DREAM Act was a blow to the young people who would have qualified and to their many supporters. The DREAM Act would have put young people living in the U.S. without status who came to the U.S. at an early age with their parents on a long 13-year path to legal status and citizenship if they commit to going to college or join the military. Other DREAM Act supporters included their families, employers looking for more college graduates and leaders, the military … [Read more...]
December 22, 2010 by ·
Today, USCIS announced that employer/petitioners will not be required to complete Part 6 of newly revised Form I-129 until Feb. 20, 2011. Part 6 pertains to Controlled Technology and Technical Data questions. Due to the many inquiries USCIS received from stakeholders about how to answer the questions, USCIS has extended the time in which employers must be able to answer the question. As I mentioned in my earlier post, Employers Must Know Export Control Rules When Sponsoring Employees, USCIS … [Read more...]
December 22, 2010 by ·
In a December 3, 2010 letter to Senator Patrick Leahy, U.S. Citizenship and Immigration Services (USCIS) Director, Alejandro Mayorkas, stated that indirect jobs created by individual investors in an EB-5 regional center may in fact be created outside the geographical boundaries of the certified regional center. The letter sets out USCIS's interpretation from earlier case law that the job-creating businesses themselves must be located within the regional center's geographic limits, and that … [Read more...]
December 18, 2010 by ·
The Senate voted Saturday not to move on the DREAM Act, H.R. 5281 by 55-41, just five votes shy of what was needed to move the bill. Senator Reid from Nevada had previously filed a cloture motion. Since the Senate failed to achieve the 60 votes needed, the bill will not proceed further. The new Congress is likely to enact enforcement-only legislation, but immigration rights groups, educators, business and other groups, emboldened by new organizing efforts, and who support immigration reform … [Read more...]
December 16, 2010 by ·
Beginning December 23, 2010, the new I-129 form goes into effect. This form is used for H-1B, H-1B1, L-1 and O-1A visa petitions concerning professional/specialty occupation, intracompany transferee, and extraordinary ability employees. A new set of questions ask the employer to certify that the employer has reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), and has determined that either a license is not required or that if one is … [Read more...]
December 15, 2010 by ·
The U.S. State Department announced today that the family-based permanent legal immigration quota will retrogress in January. The State Department makes monthly estimates about visa use around the world through an extremely complex formula that hardly anyone understands. Although the State Department posts a brief explanation online, it does not adequately reflect the true complex nature of calculating when visas are available. Not only does the State Department have to monitor how many … [Read more...]
December 13, 2010 by ·
The anti-immigrant rhetoric about the DREAM Act lately is disingenuous, to say the least, and completely false in other cases. Unlike experienced immigration lawyers, most legislators just don't have the day-to-day experience of implementing or using the laws they create, so they may not fully appreciate the real impact the laws they enact have on real people, families, employers, and the community at large. I show below how some of the anti-DREAM Act arguments being made by certain … [Read more...]
December 9, 2010 by ·
On December 9, 2010, the Senate voted to withdraw its version of the DREAM Act, S. 3992, and to take up the House version, H.R. 6497, that was passed on December 8. The Senate still needs to plow through other tough legislation before it will vote on DREAM, but it is anticipated DREAM will be voted on next week. In the meantime, supporters should continue to fax or email the Senate in the next few days because at least 60 votes are needed to pass DREAM. The House version has the two … [Read more...]
