H.R. 3012: "Fairness for High-Skilled Immigrants Act": Bill passes House by a 20 to 1 margin; moves on to Senate

Update: There is no news on H.R. 3012, the High Skilled Immigrants Act, which was put on hold by Senator Charles Grassley (R-IA).  But even without H.R. 3012, the January 2012 Visa Bulletin showed the China and India EB-2 category (for aliens with advanced degrees or equivalent, or in the national interest (NIW) advancing more than 9 months from 3/15/08 to 1/1/2009.  This rapid advancement demonstrates that demand for green cards amongst advanced degree professionals from countries other than India and China is decreasing, so unused green cards are being granted to those seeking immigration from China/India. 

More on H.R. 3012.  On 12/15/11, in order to release his hold, Senator Grassley offered an amendment that would make dramatic changes to the bill including elimination of family per country limit increase and reducing the employment based per country limit to 15%.  The amendment would also eliminate the diversity visa program and add provisions that would increase enforcement and U.S. worker protections to the H-1B and L-1 visa programs.

Senator Grassley's amendment was objected to, therefore THE HOLD ON THE BILL REMAINS.

As reported in the New York Times yesterday the House of Representatives voted to pass H.R. 3012, which stands to reallocate available visas, and speed up the green card process for professional Indian and Chinese foreign nationals. 

THIS BILL IS NOT YET A LAW.  See an old School House Rock video to learn more about how a Bill Becomes a Law.  Further, some colleagues I have spoken with feel the chances of a law which gives more green cards to Indian and Chinese nationals, while at the same time, decreasing the amount given to foreign nationals from, ahem, some of the “whiter” countries, and especially in light continued unemployment issues here in America - are slim.

It is worth noting that H.R. 3012 would not increase the number of available employment based green cards. It would eliminate the per country limit, which should provide historically backlogged countries, such as India and China, with a window of opportunity to apply for or secure their green cards, while  creating backlogs for foreign nationals from other countries, where historically, no backlogs existed.  

From AILA:

H.R. 3012, the Fairness for High-Skilled Immigrants Act was introduced on September 22, 2011 by Rep. Chaffetz (R-UT). The proposed legislation eliminates the employment-based per-country cap entirely by fiscal year 2015 and raises the family-sponsored per-country cap from 7% to 15%.

On October 27, 2011, the House Judiciary Committee held a markup and H.R. 3012 was reported favorably out of committee by a voice vote. An amendment from Rep. Lofgren (D-CA) that would make adjustments to the three year phase-in period was accepted. H.R. 3012 must next be scheduled for House floor debate which may occur in the next few weeks.

On November 29, 2011, the House passed H.R. 3012, the Fairness for High-Skilled Immigrants Act by a vote of 389-15 with no additional amendments. The measure now moves on to the Senate for consideration.

How This Affects You

It is important to plan I-140 and I-485 Adjustment of Status timing and processing for those who may suddenly be impacted by a backlog, or finally allowed to file a green card applications, after years of waiting.  If you have questions about your specific case, you should contact your company’s immigration counsel, or the attorneys at Ryvin Wallace Group.

Comparative analysis of H-1B visa usage from 2007 to 2011: U.S. employers hiring more!

Back on April 27, 2011, shortly after the FY 2012 H-1B Cap opened, I posted that H-1B visa usage statistics going back to 2007 demonstrated that U.S. employers were not hiring as much as some reports would like us to believe.

Looking at the numbers going back to 2007, it was clear that H-1B usage was WAY down, and we estimated - based on usage for the first two weeks - H visas would be available until March 2012. 
 

Well, things picked up quite a bit!  The FY 2012 H-1B Cap was reached on November 22, 2011, approximately seven months after it opened. 

While this year’s demand was nowhere near the level in 2007 or 2008 - when the demand for H-1Bs was more than twice the supply and getting an H-1B meant that had win a lottery - this year we ran out of H-1Bs three months earlier than last year.

In my world, increased H-1B visa usage is the best indicator of an economy moving in the right direction.

After the break, please find a comparative analysis of H-1B visa usage from FY2008 to FY2011.

Three year H-1B visa approved for sole employee-entrepreneur; USCIS makes good on promise to encourage entrepreneurship

In August 2011, we posted a link and some background related to the current administration’s efforts to attract and retain high-skill entrepreneurs.  Specifically, a USCIS press release dated 8/2/2011 confirmed an intention to use current immigration law [including H-1B visas and National Interest Waivers] to fuel the nation’s economy and stimulate investment, by attracting foreign entrepreneurial talent who can create jobs, form start-up companies, and invest in areas of high unemployment. Here is the link to that post:

http://ryvinimmigrationblog.blogspot.com/2011/08/uscis-director-alejandro-mayorkas-blog.html

Today, I am happy to confirm that USCIS approved an H-1B petition for a sole employee-entrepreneur, seeking entry work in the capacity of President for a newly formed company, poised to re-vitalize an economically depressed area.

We made clear that despite his ownership interest, the Beneficiary would be an “employee” of the U.S. company and that he was exactly the type of individual targeted by USCIS in their recent announcement.   

We wish our clients the best of luck and thank USCIS for a job well done! We are currently working on a number of exciting “start-up” cases, where we intend to rely on USCIS’ recent guidance, including H-1Bs and EB-2 I-140 National Interest Waivers (green card) petitions, and hope today’s approval is a sign that USCIS will continue to help stimulate our economy through existing visa categories.

How to Prepare for an Immigration Consultation

Christy Wallace
11/21/11
 
Try to get a referral. Do you have friends or professional colleagues who have had immigration issues?? Chances are they used a lawyer and have an opinion on the quality of their work. 

If you can’t get a referral from reliable person, go a different direction. We suggest using an AILA member ONLY.  AILA stands for American Immigration Lawyers Association, and it’s the world’s largest association of attorneys and law professors who practice and teach in the area of US immigration law.

After you have schedule a consultation, you have to come to the table prepared with facts and information that the lawyer needs, to get the most for your money.

We need five types of information in a consultation:

(1)  Where you are and where you want to go, ie, where are you physically residing in the world? Where do you want to go (to the US)?

What employer do you have, if any? Which one do you want to join and at which location?

(2)  When you want to arrive to the destination – Ideally (fastest) and realistically (slowest, ie when it’s a game-changer). Notably, we normally provide the fast/slow during the consultation if you don’t know.

(3)  Age of the person who wants to relocate.

(4)  Current visa status under the rules of the destination country, if any.

(5)  Dates and outcomes of any official paperwork ever given to the person by the destination country – ie approval notices, receipt notices, visa stamps, refusals.

 
In our office, a consultation with an attorney helps even if you never hire us, because we spend several (free) minutes and usually 20-60 (paid) on the phone asking questions and giving answers - so that you can start shaping an immigration strategy to help you achieve your goals.  If we’re not the ones for the job, we end a call with some advice and send you to a reputable “AILA” firm which matches your needs.
 
If you have a complex case, getting a second opinion is advisable. Take a look at my blog post titled, “Choosing Immigration Counsel” to help you know what to look for when shopping around: http://ryvinimmigrationblog.blogspot.com/2010/09/how-do-i-choose-best-corporate.html.

IMPORTANT TIP: If I were looking for a work-based visa (temp visas like: H-1B, E-1/2/3, TN, L-1, O-1; immigrant visas in most popular employment based [EB] preference categories [EB-1, EB-2, EB-3, EB-5]  - I would start with a consultation process with at least 2 business immigration lawyers recommended (for good work) who have background in small- to mid-sized business immigration, with 8+ years experience to be able to develop a complex strategy covering multiple options, as needed.

 
Ask each lawyer which visa they recommend off the facts discussed in the 30-45 minute session, including possible back-up plans, and ask each for some examples of their recent similar cases (they should provide a 2-minute fact scenario).
 
IMPORTANT TIP: If the lawyer stalls during the conversation because their sub-focus is really in large/easy corporate immigration work (where complex issues are the exception rather than the rule), deportation or another immigration area. Hopefully they will hint at this potential weakness and then you simply ask them to recommend another business immigration lawyer they know and trust.
 
Lots of luck with your ongoing venture!

Q & A: Need to file GC under EB2 - Company norms forcing me to file EB3

Question: I have 4 Yr Bach Deg in Comp Sci Engg and close to 10 yrs Exp in the same company out of which 4.3 Yrs was in India. I was transferred to the US (now on L-1 'A' visa) in Aug '06 to the US through the same Employer and have been here since then. My company is skeptical to file my GC in EB2 stating that 5 yrs experience has to be gained before I was transferred to the US (which is considered my petitioning employer branch).

I want to understand how I can file under EB2? Should I wait until 10 yrs exp since I see this as one of the clauses?? OR
Should I file now and PORT into EB2 after 10 yrs Exp in the same company (counting India + US exp in the company) OR
USE any of MY Client accolades or awards since I manage a very CRITICAL portfolio)

Answer:  
 
Why are you not looking at the EB-1 Multinational Manager or Executive category? The requirements largely mirror those for the L-1A intra-company transfer.

With respect to EB-2, I may be able to clarify your company’s concerns. Notably, your EB-2 case is based on a prospective offer of employment, and experience gained in the job offered may NOT be used to qualify for the job. 

For example, let’s say you were transferred to the US in the position of Engineering Manager in 06, and have held this position since.  Now the company wishes to help you with your green card, and the prospective permanent job offer which is to serve as the basis of your green card case, is the position you have been occupying for the last five years or so, Engineering Manager.   You may NOT use your experience with the company in the job offered, ie, since your transfer to the US. 

This is prohibited, as the purpose of the labor certification process is to protect the American worker.  And so, if the law were set up to allow you to use experience in the job offered, it would give you an unfair advantage over the American worker. 

Now it may be possible to use your experience gained in India, but you have less than 5 years, which means you cannot qualify for a position with minimum requirements of a bachelor’s degree plus five years. 

Your options are to explore the EB-1 (best option, since there are no back logs!); or move into a different EB-2 position, that is substantially (at least 50%) different from the position you have been occupying since your transfer.  Under this second scenario, you could use the experience gained in the US!    

I can help you review your eligibility under the EB-1 category, if you can provide me with a copy of your last L-1A filing.  Please let me know if I may be of further assistance, and good luck! 

Best regards,

Michael Ryvin, Partner
Ryvin Wallace Group
1-415-765-0679
michael@ryvinlaw.com

EFFECTIVE 11/18/2011: U.S. Department of State halts issuance of ALL F, M, J visas at U.S. Embassies and Consulates.

UPDATE:  F, M, J Visa Issuance Has Resumed!

"Effective immediately, in order to ensure maximum data integrity and consistency, DoS has temporarily halted the issuance of ALL F, M and J visas at all U.S. Embassies and Consulates."

"SEVP plans to circulate additional broadcast messages upon receipt of any updates or changes regarding this issue."

Read entire Broadcast Message here [pdf].

This message impacts anyone seeking an F-1 (academic student); M-1 (vocational student); or J-1 (exchange visitor) temporary visa from a U.S. Consulate or Embassy located outside of the United States.

If you are currently an international student, intern or trainee, in the United States, or wish to become one of these; AND you need an F, M, or J U.S. visa stamp in your passport, this message also means - you will not be getting one of these visas from any U.S. Consulate/Embassy around the world, until DOS is ready to start issuing them again.

After the jump please find summary descriptions of the F, M and J visas.

DHS Issues Awaited Guidance on Prioritizing Deportations, Law Enforcement Letter Praises Approach

Via American Immigration Council

November 17, 2011

Washington D.C. - Today, Immigration and Customs Enforcement’s (ICE) Principal Legal Advisor directed all ICE attorneys to begin a systematic review of immigration cases to determine whether pursuing deportation in each case is consistent with the Administration’s enforcement priorities. This directive follows last summer’s announcement that the Department of Homeland Security (DHS) plans to review 300,000 immigration cases to assess whether they fall within the enforcement priorities and suspend those cases which do not.  ICE also provided more detailed guidance to ICE attorneys regarding criteria for determining when it is appropriate to exercise prosecutorial discretion to close or dismiss a case.

These directives are important steps toward reforming the culture of immigration enforcement within the agency and aligning its resources with its enforcement priorities. They empower ICE attorneys to take into account the individual circumstances of each case when deciding whether it is appropriate to pursue removal.  Although DHS needs to refine its overly-broad definitions of criminality, this new guidance, if fully implemented, should mean that the government can focus its resources on deportations of those who pose a real threat to public safety. It should result in fewer deportations of low priority immigrants, such as DREAM Act students or individuals with strong family and community ties and more.  Importantly, prosecutorial discretion does not mean that a person is granted legal status in the United States; rather, a person whose case is dismissed or closed will remain in the status they were in prior to the initiation of deportation proceedings.

The new ICE guidance also brings DHS more in line with traditional law enforcement practices, which emphasize the important role of discretion in carrying out any law enforcement officer’s duties. In fact, members of a DHS Task Force sent a letter today to Congress highlighting the importance of prosecutorial discretion as an immigration enforcement tool. They write:

“there is nothing unusual in our recommendation or in DHS’s current efforts to improve its use of prosecutorial discretion. Such discretion is a normal and essential part of the everyday activities of law enforcement agencies and prosecutors’ offices at the local, state, and federal levels across the nation. Exercising prosecutorial discretion, case by case, in a systematic and professional way, does not amount to administrative amnesty. Instead it helps to make sure that resources are focused in ways that best promote the overall enforcement mission.”

To view the memo and guidance see:

• DHS Guidance to ICE Attorneys (11/17/2011)
• DHS PD Case Review Memo (11/17/2011)

To view the DHS Task Force Letter to Congress see:

·    DHS Task Force Letter to Congress (11/17/2011)

Preparing for the Marriage-Based Green Card Interview

Congratulations! You have received a notice from the USCIS (former INS) instructing you to appear at a local US immigration office for a green card interview!   Amidst the excitement of getting your green card, you might be worried about appearing in front of immigration authorities to answer questions about your relationship.  What if you or your spouse stumble? What if one of you doesn't recall what face cream the other one likes!?!  

Beyond what you say or don't say, know that government officials will look at the unspoken and largely be able to tell if the relationship is real, and whether you are happy or unhappy with each other that day.

 

When you receive the interview notice, put the time and date on the calendar for yourself AND your USC spouse, because your spouse will be required to attend the interview, too.  Review all the questions and answers to the application forms I-130, I-485, G-325 and I-864 that you filed.

In preparation for the interview, be sure to gather the following materials and documents:

1. The Interview Appointment Notice. Take the original and a copy with you.
2. Valid photographic identification such as your driver’s license and your social security card.
3. Your Birth Certificate and Passport.
4. Your spouse’s Birth Certificate or US Passport.
5. Marriage Certificate.
6. Copy of your I-130/I-485 petition.
7. Two months most recent paystubs for your spouse to show his/her ability to support you financially.
8. Documents proving the bona-fide nature of your marriage such as:

a.    Insurance Policies (car, life, health)

b.    Joint Property Documents (car, apartment of house lease or deed)

c.     Bank and Credit Statements

d.    Non-Joint Bills (one for each party, showing both of you at the same address)

e.    Wedding Photos and Photos of you and friends/family together (bring any marriage-album and any other picture album)

f.     Any Other Evidence or Marriage like cards or emails to each other.

Before you are seated you and your spouse will be sworn to tell the truth. The first set of questions may be basic, biographical questions about each other such as:

House Hearing on Foreign STEM Graduates

On October 5, 2011, the House Committee on the Judiciary, Subcommittee on Immigration Policy and Enforcement held a hearing  to discuss whether the U.S. should reform its immigration policies to retain more foreign graduates of American universities’ advanced degree programs in the “STEM” fields of science, technology, engineering and math.    

Inside Higher Ed’s article, “Reverse Brain Drain,” provides coverage of the hearing:  

...foreign students are dramatically outpacing their American counterparts in the STEM fields.  In 2009, half to two-thirds of all Ph.D.s in related fields and almost half of all engineering and computer science master’s degrees awarded by American colleges were earned by foreign students...

Because only 140,000 total employment-based immigrant visas are available each year, with only 7% of that number available to each country, the United States is not absorbing these foreign graduates into its workforce.  Backlogs have grown to the point that some green card seekers could spend a lifetime waiting for permanent residency.  According to the article:

...a skilled Indian immigrant seeking a green card in the United States could wait up to 70 years to actually receive one.  Indian and Chinese immigrants are far likelier than are their peers from other countries to earn advanced degrees in STEM fields in the United States.  This disparity makes it incredibly difficult for students from those countries to stay in the United States to live and work.  Instead, Lofgren said, they are forced back to their home countries where they end up competing with American companies.

At the hearing, B. Lindsay Lowell, B. Lindsay Lowell, Director of Policy Studies at the Institute for the Study of International Migration, drew several conclusions from the data on foreign graduates in STEM fields.  Below is an excerpt from his testimony:

H.R. 3012: "Fairness for High-Skilled Immigrants Act"

Reforming the per-country limits on employment and family-based visas are both up for consideration this week in the House. The purpose of "HR 3012" is to amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants, to increase the per-country numerical limitation for family-sponsored immigrants, and for other purposes.

Please find the actual bill here and note the following update from AILA's Director of Advocacy, Greg Chen:

On Thursday and Friday this week, the House Judiciary committee is scheduled to markup a series of bills including H.R. 3012, the "Fairness for High-Skilled Immigrants Act". Congressman Jason Chaffetz (R-UT) along with Chairman Lamar Smith (R-TX) are the sponsors of H.R. 3012, a measure that would eliminate the current per country cap limits of 7% on all employment-based (EB) green card categories over a three year transitional (phase-in) period leading to a strictly "first in, first out" (based on priority dates) system within the existing employment-based green card system. The measure would immediately increase the family-based per country cap from 7% to 15%. Also, the offset created by the Chinese Student Protection Act of 1992 is eliminated under the bill.

During the three year phase-in of the "first in, first out" employment based system- no group of applicants from a single country may receive more than 70% of employment based visas. In FY 2012, "first in, first out" applies to 85% of available EB visas; for FY 2013, "first in, first out" applies to 90% of available EB visas and for FY 2014, "first in, first out" applies to 90% of available EB visas for those visas not subject to "first in, first out". In other words, in FY 2012, 15% would be set-aside and 10% for the next two fiscal years. No group of applicants may receive more than 25% of the total set-aside during the 3 year phase-in period.

H.R. 3012 is the last measure on the list of bill scheduled to be addressed so there is a chance the committee will not get to it this week. In any case, we will provide additional updates as they occur.

H-1B Cap Update (as of 10/7/2011): 24,000 regular Hs left; 900 advanced degree Hs left

H-1B Cap Update: As of 10/7/11, USCIS received approx 41,000 cap subject H-1B cases and another 19,100 towards the advanced degree cap.

Link.

Q & A: EAD/AP Combo Card

Question:  I have an I-485 (adjustment of status) application pending, based on a labor certification filed 6 years ago.  I am waiting for my priority date to become current.  I work in H-1B status, have an H-1B visa AND a valid EAD (employment authorization document) and AP (advance parole/travel document). My EAD and AP will expire soon. Now that USCIS is issuing a convenient “combo card” combining the EAD and AP into one card, will I get a combo card when I apply to renew my EAD and AP?

Answer:   You are only eligible for an EAD/AP combo card if both applications (I-765 and I-131) are filed simultaneously, and both the EAD and AP documents are within 120 days of expiry.  Below please find a link to the USCIS Policy Memorandum, on the subject of issuance of the combo card.
http://www.docstoc.com/docs/98938707/AP-EAD-Final-Memo_12-2010

Suzette Blackwell

Associate Counsel

Ryvin Wallace Group

1-703-531-0790

suzette@ryvinlaw.com

USCIS Announces "Entrepreneurs in Residence" Initiative

Agency focuses on fully realizing the job-creating potential of current immigration law

Released October 11, 2011

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas joined the President’s Council on Jobs and Competitiveness in Pittsburgh to announce “Entrepreneurs in Residence.” This new innovative initiative will utilize industry expertise to strengthen USCIS policies and practices surrounding immigrant investors, entrepreneurs and workers with specialized skills, knowledge, or abilities. Mayorkas announced the initiative at the Jobs Council’s High Growth Entrepreneurship Listening and Action Session at AlphaLab in Pittsburgh before the Council’s quarterly meeting with President Obama.

“This initiative creates additional opportunities for USCIS to gain insights in areas critical to economic growth,” said Director Mayorkas. “The introduction of expert views from the private and public sector will help us to ensure that our policies and processes fully realize the immigration law’s potential to create and protect American jobs.”

USCIS will launch the “Entrepreneurs in Residence” initiative with a series of informational summits with industry leaders to gather high-level strategic input. Informed by the summits, the agency will stand up a tactical team comprised of entrepreneurs and experts, working with USCIS personnel, to design and implement effective solutions. This initiative will strengthen USCIS’s collaboration with industries, at the policy, training, and officer level, while complying with all current Federal statutes and regulations.

The initiative builds upon USCIS’s August announcement of efforts to promote startup enterprises and spur job creation, including enhancements to the EB-5 immigrant investor visa program. Since August, USCIS is:

• Conducting a review of the EB-5 process
• Working with business analysts to enhance the EB-5 adjudication process
• Implementing direct access for EB-5 Regional Center applicants to reach adjudicators quickly; and
• Launching new specialized training modules for USCIS officers on the EB-2 visa classification and L-1B nonimmigrant intra-company transferees.

For more information on USCIS and its programs, please visit www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.

Link to USCIS Press Release.

I-9 Compliance Resource Center

RWG’s I-9 Compliance Services and SSNs
With our I-9 Compliance services, we help US and international companies on US soil with their Workforce compliance systems. Our job is to interpret the I-9 Work Authorization laws, anticipate fines and discrimination pitfalls, teach methods for compliance, prepare for government audits and partner in visa matters during the hire of non-US workers. Clients request our legal services at several junctures:

• Organizing I-9s in-house
• Learning how to complete an I-9
• Determining if E-Verify is for a company, with consideration for FAR (federal acquisition contract clause)
• Dealing with SSA No-Match letters
• Getting a Notice of Inspection (NOI) from the government for an “I-9 Audit”
• Doing an Internal I-9 Self-Audit to assess potential fines in system as is, clean up I-9 files

About I-9s
US immigration laws require every employer on US soil who hires or currently employs a US or foreign worker to complete and maintain a Form called an I-9 for Employment Eligibility Verification. Every person working as an employee in the US must complete one for their employer if they were hired for wages or other compensation, on or after November 6, 1986. To comply with the law, an employer must verify the identity of each person. The employer must also verify the employment eligibility of each person. The employer does this by completing the Form I-9 and reviewing particular documents of their employees. Then the employer must retain the Form I-9 for each employee for specified periods of time. And not least of all, the employer must refrain from purposely or accidentally discriminating against employees protected under various national origin and citizenship laws, by following particular verification methods. Employers may be audited and fined for knowingly hiring illegals, or for making substantive or technical errors on the Form I-9, and for discriminatory verification practices.

 

About E-Verify
E-Verify is the government’s web-based system that allows businesses to determine the eligibility of their employees to work in the United States. While it claims to be free and easy to use to help employers ensure a legal workforce, it provides no guarantee that an employer will be immune from action by the government. Its major pitfall is that it does not verify actual US workers who are mistakenly omitted or mismatched in the system which (a) can cause problems of credibility for the worker vis-à-vis his/her employer, (b) allows illegal workers using other US workers documents to be verified, (c) provides minimal protection for the company against government audits, and (d) in keeping historical records, can hurt an employer’s defense in an action by the government.

Required usage of E-Verify is limited to federal contractors and subcontractors who fall under the Federal Acquisition Regulation (FAR) clause. With a FAR clause in a contract, some or many of your employees may have to be registered under E-Verify.

The Dec 2010 GAO Report on E-Verify cites improvements in the reduction of mismatch rates, ensuring employer compliance, and establishing better safeguards for employees’ personal information. Immigration lawyers are skeptical.

HELPFUL LINKS:

At US CIS ( US Citizenship & Immigration Services under US Department of Homeland Security)
    CIS: I-9 Form & Instructions
    CIS: http://www.uscis.gov/files/form/m-274.pdf
    CIS: How Do I Complete Form I-9, Employment Eligibility Verification?
    CIS: Information about E-Verify
    CIS: How Do I Use E-Verify?
    CIS: E-Verify for Federal Contractors
    CIS: E-Verify User Manual for Fed Contractors (Sept 2010)
    CIS: E-Verify Supplement for Fed Contractors (Sept 2010) 
 
At US ICE (US Customs and Immigration Enforcement under US Department of Homeland Security)
    ICE: Worksite Enforcement
    ICE: I-9 Inspection Overview
    ICE: I-9 Inspection Overview Flowchart 12/1/09
    ICE: Subpoena to Produce Documents, see p.2
    ICE: Factsheet – Statistics about raids, arrests, government successes
    ICE: Worksite Enforcement Cases

At SSA (US Social Security Administration)
    SSA: What Employee should do when Employer gets No-Match letter
    SSA: Instructions to Verify Social Security Numbers Online
    SSA: Restrictions on Using SSNVS
    SSA: SSN Verification Handbook Online
    SSA: What to do if an SSN Fails to Verify Online

At AILA (American Immigration Lawyers Association)
    AILA: ICE Workplace Enforcement

 

Please contact the attorneys at Ryvin Wallace Group to answer your questions by calling 1-703-531-0790 or 1-415-765-0679end_of_the_skype_highlightig . You will be offered a free 15 minute consultation where we obtain key facts and move you in the right direction.  

2013 Green Card (Diversity Visa) Lottery Information and Link to Entry Form

The U.S. Department of State has published instructions relating to its upcoming Diversity Visa (Green Card) Lottery for the 2013 fiscal year.  For DV-2013, natives of the following countries are not eligible to apply because the countries sent a total of more than 50,000 immigrants to the United States in the previous five years:

Bangladesh, Brazil, Canada, China (mainland-born), Columbia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haita, India, Jamaica, Mexico, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. 

Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible. For DV-2013, natives of South Sudan and Poland are now eligible for selection, while Bangladesh natives are now ineligible.

Paper entries will not be accepted. Entries for the DV-2013 DV program must be submitted electronically between noon, Eastern Daylight Time (EDT) (GMT-4), Tuesday, October 4, 2011, and noon, Eastern Daylight Time (EDT) (GMT-4), Saturday, November 5, 2011.

Applicants may access the electronic DV Entry Form (E-DV) at www.dvlottery.state.gov during the registration period. No entries will be accepted after noon, EDT, on November 5, 2011.

Preparing for the Naturalization Test: USCIS Citizenship Resource Center

Link to USCIS Citizenship Resource Center via the The Beacon [The Official Blog of the USCIS]

PBS News Hour: Alabama's Immigration Law: Radical or Within Reason?

nextgov.com: Say Goodbye to Traditional Immigration Processing Forms

By Aliya Sternstein
8/29/2011

In preparation for a long-delayed transition to online processing of immigration applications, the Homeland Security Department has released new rules for describing forms and filing procedures in official policies.

The 43-page federal notice published Monday instructs the U.S. Citizenship and Immigration Services, a unit of DHS, to stop typing on documents the traditional numbers and titles for various benefit claims, such as "Application for Naturalization, form N-400." Instead, to accommodate the new computerized Transformation system, USCIS policies and rules will carry more generic phrases, such as "the form designated by USCIS."

The linguistic changes will be necessary once Transformation becomes functional. The program currently is about a decade behind schedule. The new rules take effect shortly after Thanksgiving, on Nov. 28. Agency officials have said the first digitized form, one for visitors requesting extensions to stay in the country, should be ready by the end of the year.

Under Monday's rules, the term "Service," which had been synonymous with USCIS, will now refer, more generally, to DHS immigration services at various agencies, including USCIS, Customs and Border Protection, and Immigration and Customs Enforcement. The definition of 'Service in forthcoming rules "is amended to provide flexibility," the guidelines state.

Going forward, rules will not specify requirements, locations or procedures for processing, but instead convey handling instructions in more ambiguous ways because such provisions are subject to change during Transformation, officials added.

Link to article via nextgov.com

San Francisco Immigration Lawyer Q & A: Working for Multiple Employers in H-1B status Simultaneously

Question: I am a salaried employee working for Employer A on an H-1B. I currently have offers from 2 different Clients and I wanted to ask if it's legally allowed for me to work for both of these Clients being on H-1B? My employer is fine with it; however he wants me to send him an email stating that I'd like to work for the second Client to gain better experience and better salary compensation. Before I send them an email I wanted to make sure that by doing this, I'm not by any means jeopardizing my status. I'd appreciate if you can answer my above question. Thanks!

Answer: Yes, an H-1B can work (part-time or full-time) for more than one employer, but each must file a petition. See Letter, Bednarz, Chief, NIV Adjudications, CO 214h-C (June 29, 1994), reprinted in 71 No. 27 Interpreter Releases 936, 952 (July 18, 1994); Letter, Gorsky, Acting Chief Advisory Opinions Division, DOS (Apr. 13, 1998), reprinted in 75 No. 17 Interpreter Releases 631, 648 (May 4, 1998).

Further, when H-1B switches to a second company for several months and returns to initial company, the second company needs to file an H-1B but the first company need not file a petition upon the H-1B’s return as the first petition remains valid. See Letter, LaFleur, Chief, Business and Trade Branch, Benefits Division, INS, HQ 70/6.2.8 (Apr. 29, 1996), reprinted in 73 No. 22 Interpreter Releases 764, 774–75 (June 3, 1996); Letter, Hernandez, Director, Business and Trade Services, INS (Apr. 24, 2002), published on AILA InfoNet at Doc. No. 02051432.

Also note there is no set number of hours that beneficiary must work for each employer. Letter, Brown, Acting Chief, Business and Trade Services, Benefits Division, INS, HQ 70/ 6.2.8 (July 18, 1997), reprinted in 74 No. 30 Interpreter Releases 1219, 1232–33 (Aug. 11, 1997).

Please let me know if I may be of further assistance and Good Luck!

Michael Ryvin, Partner
Ryvin Wallace Group
1-415-765-0679
michael@ryvinlaw.com

San Francisco Immigration Lawyer Q & A: Traveling with Company A visa stamp and Company B approval notice

Question: I have been working with Company B since June 2009. Current I-797 for Company B expires in June 2012. Current H-1B visa stamp in passport is for Company A, and expires on September 7, 2011. I wish to take a quick trip to India this Friday and return on September 5, 2011. I do not have time to renew the H-1B visa stamp during this trip. If I arrive as per schedule, is there still risk that the immigration officer might not let me enter the US or only stamp my I-94 with validity till Sep 7th 2011? Also, current I-94 is valid till Dec 18th 2011. It was not stamped with I-797's expiry date of June 2012 because my passport was expiring on Dec 18th 2011; however, my renewed passport is now valid for another 10 years.

Answer: The Officer should grant you entry in H-1B status valid to the expiry date noted on your Company B I-94, June 2012. The expiry date on the visa stamp [9/7/2011] refers to the last day you may use that visa stamp to enter the US. However, it’s not uncommon for CBP to issue an I-94 valid only to the visa validity date, so don’t walk away from the counter until you have inspected your I-94 to make sure that a mistake was not made. I would also bring evidence of your current employment with B, including paystubs and/or an employment verification letter.

Please let me know if I may be of further assistance.

Michael Ryvin, Partner
Ryvin Wallace Group
1-415-765-0679
michael@ryvinlaw.com

San Francisco Immigration Lawyer Q & A: Leaving the US while Advance Parole Application [I-131] is Pending

Question: I was granted asylum status 3 years ago. Based on that, I filed I-485 [application for adjustment of status] with an I-131 form for advance parole. On 08/23/11 my current Advance Parole will expire. I already filed for a new Advance Parole and did the biometrics [fingerprints] two month ago – but my new AP is still pending. I am supposed to leave the country in a week.

Is it possible for my husband to mail the AP letter after he receives it? Or do I have to pick it up in person? Is it going to affect our I-485 applications if I leave before getting the AP letter? Please, help!

Answer: I would wait for the AP. The general rule is if you travel before the advance parole document is issued, the I-485 application will be deemed abandoned. See Form I-131 Instructions, Page 4, Section 3 [Advance Parole Document], Part E, which states: If you travel before the advance parole document is issued, your application will be considered abandoned, if: (1) you depart the United States; or (2) the person. Seeking advance parole attempts to enter the United States before a decision is made on the application.

See link: http://www.uscis.gov/files/form/i-131instr.pdf

There are some exceptions for certain individuals in H, L, K or V status AND restrictions for asylees [I believe focused on traveling to the country of claimed persecution].

Please let me know if I may be of further assistance.

Best regards,

Michael Ryvin, Partner
Ryvin Wallace Group
1-415-765-0679
michael@ryvinlaw.com

San Francisco Immigration Lawyer Q & A: Meeting the Physical Presence requirements for Naturalization while Traveling Overseas

Question: My green card (Employment based) was approved in September 2010, and since then I have not travelled outside US. But after 4 months from now, I have a need to be in India for 8-10 months to oversee medical treatment of my aged parents. I am planning to apply for re-entry permit and once my permit comes through, I will travel to India. Now my questions are:

1) If I return to US after 10 months of departure with a valid re-entry permit, will the counter for 5 years towards naturalization be re-set? Means, will I lose 1.5 years of stay in US and my 5 years will count from the day I return to US after 10 months?

2) If I don’t lose this 1.5 years, will that be an issue at the time of citizenship?

3) What documents are required at the time of interview for citizenship?

Answer: No, you will not have to start counting the five years from zero after you return. You just won’t be able to count that time towards the physical presence requirement (2.5 out of 5 years).

Also, there is the N-470, Application to Preserve Residence for Naturalization Purposes. Notably, the purpose of your trip may disqualify from eligibility; and if you do not have any other extended trips planned, it might not be relevant - in other words, despite your proposed trip, your eligibility for Naturalization will not be delayed. Still, it is still worth reviewing the requirements in my opinion.

Information about N-470 requirements with links to form and instructions here

Your eight-ten month trip should not be a problem. The issues are (1) avoiding abandonment of your green card; and filing a re-entry permit is generally viewed as strong evidence that you do NOT intend to abandon your permanent residence; and (2) meeting the physical presence requirement for naturalization [2.5 out of 5 years in the US].

Information about Natz can be found here

Here is a link to a USCIS checklist/eligibility worksheet:

http://www.uscis.gov/files/article/attachments.pdf

Please let me know if I may be of further assistance.

Best regards,
Michael Ryvin, Partner
Ryvin Wallace Group
1-415-765-0679
michael@ryvinlaw.com

AILA Warning re: Obama Administration's Recent Announcement: NOT an Amnesty Program

AILA Warning re Obama Recent Immigration Announcement

San Francisco Immigration Lawyer Q & A: F-1 Student Visa Denials and Subsequent B-1/2 Visa Applications

Question: I came to the US in August 2007 and completed my Masters in Electrical Engineering in December 2009. Then I got enrolled in an MBA program in January 2010. In the meantime my F-1 visa got expired and I went to India to get a new F-1 visa. I was not eligible for re-stamping because my visa had already expired more than 1 year ago. New Delhi US embassy rejected it twice, saying that I could be a potential immigrant. Now I want to go for third attempt. My question is if my visa is denied this time, can I apply for a B-1/2 visitor visa immediately? In case I don't get an F-1 visa, I want to come back to US to take care of my belongings.

Answer: Nothing stopping you from applying for a visitor visa after the 3rd denial, but you should be aware of two things: First, I think the Consulate would require you to schedule another appointment for a later date, and fill out a new DS-160 visa application. Second, I am afraid the issue of intent will follow you. In other words, a visitor visa also requires temporary intent, and the perception of you being a potential immigrant could also serve as grounds for a denial of your B-1/2 visa application.

Probably your best chance at the B-1/2 is to be very specific about your itinerary and exactly what you intend to do, to "take care of your belongings", with supporting evidence, where applicable. Honestly, after 3 prior refusals, including at least one on the grounds of intent, I would think the chances of your being issued the B are slim.

Going forward, looks like you will have options available to you for temporary work status and beyond, so don't hesitate to contact me if wish to strategize.

Michael Ryvin, Partner
Ryvin Wallace Group
1-415-765-0679
michael@ryvinlaw.com