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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 22, 2010 by ·
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...]
December 9, 2010 by ·
Today the House of Representatives bravely passed the DREAM Act by 216 to 198. It has taken a decade to get to this point. The bill, known as Development, Relief, and Education for Alien Minors Act of 2010, was attached to H.R. 5281 and was originally filed as H.R. 6497. This bill differs from the Senate bill S. 3992, which will be voted upon tomorrow morning. The Senate needs 60 favorable votes to pass. Keep making those calls to the Senate: 1-866-966-5161 or email. Key differences in the two … [Read more...]
December 8, 2010 by ·
The House of Representatives is scheduled to vote on the DREAM Act later this morning. This is the first significant piece of legislation to actually help immigrants in over a decade. On Monday, over in the Senate, Senator Harry Reid (D-NV) filed a cloture motion to end debate to avoid a filibuster on S. 3992. Another attempt to get 60 votes is anticipated for this afternoon. Supporters should call or email Congress this morning: Representatives: 1-866-967-6018 Senators: 1-866-966-5161 Email … [Read more...]
December 7, 2010 by ·
The American Immigration Lawyers Association (AILA) has launched a new website, www.stopnotariofraud.org, to help consumers of immigration services avoid becoming victims of dishonest behavior by non-lawyers who hold themselves out as providing immigration services. The site also has state-by-state guides on how to verify information about lawyers, what kinds of questions to ask when entering into an agreement, and how to file complaints against notarios and unscrupulous lawyers. The site is in … [Read more...]
December 3, 2010 by ·
In my newer role on the Board of the International Section of the Washington State Bar Association (WSBA), I came to learn of an invaluable resource for foreign and American investors wanting to do business in Washington State. The WSBA just released the 5th edition of Doing Business in Washington State: A Guide for Foreign Business and Investment, edited by Randy J. Aliment, with articles written by lawyers in the fields of business, tax, real estate, intellectual property, antitrust, … [Read more...]
