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Today's Seattle Times has an article, Gay-Rights Movement's New Focus: Immigrants, discussing how gay rights groups and local immigrant rights groups are working together to fight for immigration reform. Gay rights' groups have advocated for a solution to the problem facing undocumented people in the US, many of whom are LGBT members. At the same time, many immigrant rights groups support reform of the immigration laws to allow US citizens and green card holders to sponsor their gay spouses. … [Read more...]
Immigration and Firm News
March 3, 2013 by ·
The provisional waiver procedure starts this week on March 4, 2013. Note the word "procedure." It is not a new law, a new requirement, nor amnesty. It is a change in the location of where to file for a specific type of waiver and when it will be decided. A new form I-601A has been developed for this limited waiver procedure. New Waiver Procedure Just for Unlawful Presence Bar The new provisional or family unity waiver process will allow applicants for immigrant visas abroad to apply for … [Read more...]
February 20, 2013 by ·
It's been 27 years since Congress passed the 1986 Immigration Reform and Control Act (IRCA) requiring employers to document the work permission status of ALL new hires, including US citizens, on Form I-9. After all those years, employers still contact our office wanting to hire, or continue employing undocumented workers, or they simply want to "help" an employee who they don't realize lacks permission to work. Many employers sound clueless about IRCA requirements, even when there is so much … [Read more...]
January 25, 2013 by ·
It's that time of year again when human resources professionals should be thinking about what positions they plan (or I should say, hope) to fill with foreign national workers in specialty occupations requiring H-1B visas. Now is the time to be extending those offers and preparing applications for filing. In the private sector, which is largely subject to the annual 65,000 visa cap on H-1B visas, the filing season will open up again on April 1, 2013 for jobs that can begin on or after October 1, … [Read more...]
January 19, 2013 by ·
On January 18, 2013, USCIS updated its FAQs on the Deferred Action for Childhood Arrivals (DACA) program. USCIS also released updated data on receipts, rejections, approvals and more. To date, it has received 407,899 applications, accepting 394,533 of those and rejecting about 13,000 applications (i.e., not properly filed). It has approved 154,000 and has 371,000 under review. USCIS has not reported on denials. … [Read more...]
January 15, 2013 by ·
USCIS released a new Q&A brochure for families of immediate relatives about the new provisional stateside I-601A waiver that will go into effect on March 4, 2013. The requirements are also mentioned in a prior blog post, Provisional Unlawful Presence Waiver to Begin March 4, 2013. Keep in mind that I130/I360 visa petitions must be approved first and that these waivers only apply to immediate relatives (parents, spouses, unmarried minor children under 21 years old of US citizens). This … [Read more...]
January 11, 2013 by ·
One of the most frustrating aspects for immigrants and their families is figuring out the status of their cases pending before USCIS, the courts or the State Department that runs the National Visa Center and US Consulates abroad where visas are issued. The USCIS 1800# customer service number has been a quagmire for years, as any immigration practitioner or applicant can tell you. Run by a third party contractor, the phone tree alone can lead a caller to neverland. Then, if you are lucky to get … [Read more...]
January 3, 2013 by ·
On January 2, 2013, USCIS announced its long awaited final regulation governing new "provisional" waiver processing for immigrant visa applicants. Beginning March 4, USCIS will begin accepting provisional waiver applications in the US from applicants subject to the unlawful presence ground of admissibility (INA section 212(a)(9)(B); 8 U.S.C. 1182(a)(9)(B)) that subjects them to a three or ten-year bar to admissibility. This ground of inadmissibility is triggered when applicants for immigrant … [Read more...]
December 27, 2012 by ·
USCIS recently issued a new final regulation that goes into effect on February 1, 2013 specifying that Immigrant Visa recipients must pay a new and additional "Immigrant Fee" of $165.00. Applicants who receive Immigrant Visas at US consulates and embassies abroad will be required to pay the new fee online before they travel to the US. See www.pay.gov. The $165.00 fee covers the cost of green card production and other visa related services by USCIS associated with State Department visa … [Read more...]
December 14, 2012 by ·
In November 2012, USCIS created a new Entrepreneur Pathways portal purportedly to make it easier for foreign national entrepreneurs to navigate the immigration system. Previously in 2011, USCIS Director Alejandro Mayorkas announced a new Entrepreneurs in Residence (EIR) initiative to promote better adjudications for entrepreneurs. EIR would also include training adjudicators about real world business scenarios including start up ventures, financing, hiring methods, and other features of the … [Read more...]
