English
Democrats in the House of Representatives are trying to force a vote on H.R. 15, a comprehensive immigration reform bill, introduced by House Democrats last year. H.R. 15 models S. 744 passed last June by the full Senate. In an unusual maneuver called a "discharge petition," the House would need 218 votes to force a vote on H.R. 15. Although the G.O.P. members introduced a set of immigration reform "principals," they have not voted on any immigration reform bills at all, whether comprehensive … [Read more...]
March 12, 2014 by ·
A March 2014 report by the National Foundation for American Policy shows that USCIS has issued more denials and Requests for Evidence (RFE) in recent years for L-1B multinational specialized knowledge employees. The statistics contradict the outreach efforts former Director Mayorkas made to the business and entrepreneur community through the Entrepreneurs in Residence program, and an entrepreneur-focused new web portal called Entrepreneur Pathways. Granted, it is up to the U.S. Congress to … [Read more...]
March 4, 2014 by ·
March 31, 2014 is the deadline to reopen I-130 visa petitions that were denied by USCIS prior to the US Supreme Court's ruling in the United States v. Windsor case in June 2013. Specifically, the petition must have been denied based on Section 3 of the Defense of Marriage Act (DOMA) that the US Supreme Court held to be unconstitutional. Many of these cases were reopened by USCIS on its own. But, if you haven't heard directly from them already, it is important to make contact with the agency … [Read more...]
March 1, 2014 by ·
USCIS has released some preliminary guidance about the first batch of DACA recipients approaching the end of their first two years who received DACA from ICE (Immigration Customs and Enforcement) between June 15, 2012 and August 15, 2012 because they had cases in removal proceedings or were detained initially. These individuals must file for an initial DACA application within 120 days of their status expiring. They must apply as if for the first time, providing proof that they meet all of the … [Read more...]
February 28, 2014 by ·
I had the privilege of seeing the Seattle Opera perform "The Consul." This Gian Carlo Menotti opera, which runs through March 7, 2014, deals with the frustration and torment of freedom and opportunity seekers everywhere trying to apply for visas and the bureaucracy they face. Althoughneither the location nor the government involved is mentioned in this opera, it is set in the 1940s or 1950s. Menotti's idea for the opera was inspired by a New York Times article about a woman from Poland who … [Read more...]
February 22, 2014 by ·
I had the pleasure and honor to speak on a panel about EB-1 and EB-2 permanent residence categories at the annual Northwest American Immigration Lawyers Association Conference held in Portland on February 20-21, 2014. My co-panelist, Matthew McClellan from Oregon, covered the three main subcategories in the employment based First Preference (EB-1): "extraordinary ability" foreign nationals, outstanding researchers and professors, and multinational managers and executives. I covered EB-2 … [Read more...]
February 12, 2014 by ·
USCIS has released some new instructional videos to help employers and their employees properly complete Form I-9s at time of hire. Since the passage of the Immigration Reform and Control Act of 1986 (IRCA), it has been the law every employer must document on Form I-9 the work permission status of employees hired since November 6, 1986. The law applies to the hiring of US citizens as well. Employers are subject to audit (Notices of Intent to Inspect) that can result in fines for failure to … [Read more...]
February 6, 2014 by ·
On February 6, 2014, USCIS posted it's latest statistics about the Deferred Action for Childhood Arrivals (or DACA) program. This program was created by President Obama in his administrative discretion not to deport certain young people who came to the US before they were 16. DACA applicants for the most part would have benefited from the DREAM Act if Congress had ever enacted it into law, which it never did. As of December 31, 2013, USCIS has received 611,000 applications since DACA started … [Read more...]
February 5, 2014 by ·
It's that time of year again when human resources professionals should be finalizing offers for "specialty occupation" positions they plan (or hope) to fill with foreign nationals who need H-1B visas. The filing season for fiscal year 2015 will open up again on April 1, 2014 for jobs that can begin starting October 1, 2014, the start of the government's next fiscal year. Applications for H-1B workers who are subject to the annual cap will not be accepted before April 1; therefore, they need to … [Read more...]
January 15, 2014 by ·
On January 14, 2014, the US State Department (DOS) announced a new policy change (that will also be followed by the US Department of Homeland Security (DHS)) regarding immigration status of children born abroad through Assisted Reproductive Technology (ART). This is an important change for family immigration benefits that reflects the government's acknowledgment - finally - that families are created in more high-tech and socially different ways in the 21st century. In addition, ART affects … [Read more...]
