Immigration Blog

Immigration Reform Update: Employment-Based Visas

By |April 16, 2013|

After months of congressional and industry negotiations behind closed doors, details regarding the proposed immigration reform bill are finally being revealed.  Of course, nothing is set in stone and the terms of immigration reform could change significantly by the time a bill is passed and signed (if that even occurs).  With that in mind, below are significant changes that will affect our clients and foreign national employees.

Positive developments

H-1B visas:

  • Raise the base cap of 65,000 to 110,000 new visas available per year. (The cap can be raised to as much as 180,000 based on demand in prior years.)
  • Raise the advanced degree exemption from 20,000 to 25,000 for graduates of programs in science, technology, engineering, and mathematics from US schools.
  • Spouses of H-1B employees (H-4 visa holders) can seek work authorization if the sending country of the worker provides reciprocal treatment to spouses of U.S. workers.
  • Establish a 60-day transition period for H-1B workers to change jobs.  There is currently no transition period and H-1B employees who lose their jobs should leave the US within 10-15 days.
  • Provide dual intent visas for all students who come here on bachelor’s degree programs or above.

Green card allocation:

The bill exempts the following categories from the annual numerical limits on employment-based immigrants:

  • derivative beneficiaries of employment-based immigrants;
  • aliens of extraordinary ability in the sciences, arts, education, business or athletics;
  • outstanding professors and researchers; multinational executives and managers;
  • doctoral degree holders in any field; and
  • certain physicians.

Merit-based immigrant visas:

  • The merit based visa, created in the fifth year after enactment, awards points to individuals based on their education, employment, length of residence in the US and other considerations. Those individuals with the most points earn the visas. Those who access the merit based pathway to earn their visa are expected to be talented individuals, individuals in our worker programs and individuals with family here. 120,000 visas will be available per year based on merit.
  • allocate merit-based immigrant visas beginning on October 1, 2014 for employment-based visas that have been pending for three years

Entrepreneur visa:

  • The bill creates a startup visa for foreign entrepreneurs who seek to immigrate to the United States to start their own companies.

Creation of W visas for lower-skilled workers:

  • Starting with 20,000 available visas per year, and up to 75,000 by the fourth year.
  • Many more details to come.

Neutral Developments

Mandatory E-Verify:

All employers will be required to use the E-Verify system over a 5-year phase-in period, as follows.

  • Employers with more than 5,000 employees will be phased in within 2 years.
  • Employers with more than 500 employees will be phased in within 3 years.
  • All other employers, including agricultural employers, will be phased in within 4 years.

As part of the E-Verify system, every non-citizen will be required to show their “biometric work authorization card” or their “biometric green card.

For more information on enrolling in E-verify now, please follow up with us.

Negative Developments

H-1B visas:

The proposed plan will likely raise wage requirements for H-1B workers. It is unknown at this time what exactly this means.

Changes for H-1B dependent employers:

  • Higher fees for employers with more than 50 employees
    • With 30-49% of employees in H-1B or L-1 status (and without green card petitions pending), a $5,000 fee will need to be paid per additional worker in H or L status.
    • With 50% or more of employees in H-1B or L-1 status (who do not have green card petitions pending), a $10,000 fee will need to be paid per additional worker in H or L status.
  • Bans on additional H and L employment, companies will be banned from bringing in any additional workers in H or L status if:
    • In Fiscal Year 2014 more than 75% of their workers are H-1B or L-1 employee
    • In Fiscal Year 2015 more than 65% of their workforce are H-1B and L-1 workers.
    • In Fiscal Year 2016, more than 50% of their workforce are H-1B and L-1 workers.

H-1B recruitment requirement:

  • Employers will be required  to post a detailed job opening on the Department of Labor’s website for at least 30 calendar days before hiring an H-1B applicant to fill that position
    • It is not clear at this time how this would be designed or implemented.  We will be following this very closely.

We will continue to track these developments keep our clients informed about how these changes will affect their hiring practices and the foreign nationals currently employed.

CBP Rolling Out Paperless Form I-94s

By |April 15, 2013|

by Caroline Tang, VISANOW’s Senior Manager of Legal Services

The U.S. Customs and Border Protection (“CBP) has announced that it will begin electronically automating arrival/departure information for foreign nationals beginning April 30, 2013.

CBP will no longer require non-immigrant visitors (including, but not limited to, H-1B, H-4, L-1, L-2, F-1, B-1, B-2, and J-1) to fill out a paper Form I-94 Arrival/Departure Record upon arrival into the U.S. by air or sea, as they will gather arrival and departure information from the travelers’ electronic travel records prior to the dates of travel. (Due to limitations in obtaining advance travel information for land travelers, CBP will continue to issue a paper I-94 to travelers crossing at land ports of entry.)

CBP has provided a transition schedule for paperless Form I-94 automation at various air and sea ports through May 2013. Foreign nationals will continue to receive a paper Form I-94 until automation reaches their port of entry. Automated I-94 records will be available at www.cbp.gov/I94 (CBP notes that this website will not be live until the end of April 2013).

After automation is implemented, foreign national travelers should retain their travel documents after entering the U.S., as CBP officers will stamp travel documents of each nonimmigrant visitor. This admission stamp will show the date of admission, nonimmigrant class of admission (e.g., H-1B, L-1, F-1, B-2, etc.), and the expiration date of the status.

CBP has provided a Form I-94 automation fact sheet, as well as a summary of I-94 automation and the automation rollout schedule, available on their website.

If you have any questions, don’t hesitate to contact the VISANOW team, or connect with us on Facebook and Twitter.

Mark Zuckerberg: Immigrants Should Be Part of Our Future

By |April 11, 2013|

Sure, the tech industry has a vested interest in immigration reform due to the amount of high-skilled STEM workers that its fast-paced industry needs. But in a lightning-fast and electronic industry, Mark Zuckerberg has succeeded in reminding us how personal the immigration issue really is.

With this morning’s launch of his new political action group, FWD.us, Mr. Zuckerberg voiced his support for comprehensive immigration reform – on a personal level. His op-ed announcement of FWD.us recalls his experiences with the plight of young undocumented DREAMers, who he asserts “should be part of our future” as a nation.

The human element of immigration reform is not lost among the great technological minds of the 21st century. Mark Zuckerberg, perhaps the most prominent founder of this group, is not alone in his stance: other supporters for comprehensive immigration reform via FWD.us include investors and VIPs of such companies as Dropbox, LinkedIn, Netflix, and Yelp, among others – some of whom are immigrants themselves.

This is a group of minds who understand the need for immigration reform. Mr. Zuckerberg states that the much-needed changes that CIR will address “won’t happen on their own.” He echoes the foundational advances that our current system needs to make, including:

  • A path to citizenship for the undocumented population in the U.S,
  • Effective border security measures, and
  • An immigration system that attracts talented, hardworking people to the U.S.

Unlike other reform advocates, however, Mr. Zuckerberg takes it a step further, calling also for “higher standards and accountability” in our nation’s schools, and a more progressive educational structure for STEM fields.

Knowledge, says Mr. Zuckerberg, is the new foundation of the U.S. economy. Unlike in the industrial age, we are now in a time where thoughts and ideas make the greatest impact on society; “in fact,” he goes on to say, “the more people who know something, the better educated and trained we all are, the more productive we become, and the better off everyone in our nation can be.”

We couldn’t agree more.

For more information about FWD.us, or to get involved in the immigration reform movement, check out their website or get connected on Facebook.

Update: Immigration Reform Progress

By |April 10, 2013|

On June 15, 2012 Secretary of Homeland Security, Janet Napolitano announced that undocumented individuals who arrived in the U.S. prior to their 16th birthday may apply for deferred action as long as all requirements are met. For a list of requirements, please refer to our previous blog post written by Jennifer Zimberg, esq. Deferred action essentially acts as a “get out of jail free card for a two-year period, providing relief from removal from the country or from entering into removal proceedings for undocumented individuals who qualify. It also provides work authorization. The question is, what happens after these two years pass?

Comprehensive Immigration Reform

On March 13, 2013, I addressed proposals made through Comprehensive Immigration Reform to create a long-term solution for the same individuals. At the time, a working draft of the 2013 proposal conveyed the possibility of granting a Lawful Prospective Immigrant status to undocumented immigrants, which would create a path to citizenship for many undocumented individuals coupled with work authorization and travel authorization. The proposal suggested a 13 year long path to citizenship. On Thursday, April 11, 2013 the bipartisan group of Senators often referred to as the “Gang of Eight hope to unveil an immigration reform bill. Although the aspects of the proposal touch on all realms of immigration law (including business immigration, travel visas, education for foreign national in the US, and attainment of green cards), a path to citizenship for the approximately 11 million undocumented immigrants in the United States receives the undivided attention as we await the disclosure of this potential legislation. The long wait for the proposal to surface is likely associated with the bipartisan nature of the bill. American history demonstrates that Republicans and Democrats do not always agree, and a major obstacle likely faced by the Gang of Eight was to reach agreements on what the immigration reform proposals should include. The Gang of Eight includes: Sen. Marco Rubio, R-Fla.; Sen. John McCain, R-Ariz.; Sen. Lindsey Graham, R-S.C.; Sen. Jeff Flake, R-Ariz.; Sen. Chuck Schumer, D-NY; Sen. Robert Menendez, D-NJ; Sen. Michael Bennet, D-Colo.; and Sen. Richard Durbin, D-Ill. Although the concrete proposal itself is not available yet, the Senators are said to have taken a modern approach to our immigration system and hope to increase opportunity for undocumented immigrants to seek permanent residency in the future.

Issues to address with immigration reform

The Gang of Eight hoped to address the following issues with their comprehensive immigration reform proposal:

  • Create a path to citizenship for unauthorized immigrants.
  • Increase border security.
  • Strengthen prohibitions against racial profiling and inappropriate use of force.
  • Create a tracking system to decrease visa overstays.
  • Create a commission along the border to regulate border security measures.
  • Improve the legal immigration system with an easier path to citizenship that will attract well-educated and bright individuals to the U.S.
  • Create a stronger system for employment verification.
  • Admit new workers into the U.S. while ensuring the protection of their rights.

Comprehensive Immigration Reform is in the works since 2005. The Gang of Eight has set out to complete a much needed change in our immigration system with the above stated issues. We hope to see this much needed change in our system soon and await the release of the final proposal on April 11, 2013. Do you have questions about your immigration status? Contact our immigration specialists or connect with us on Facebook and Twitter.

Common Misconceptions of Immigration Reform

By |April 8, 2013|

As in many highly-charged debates, we’ve heard some extreme views both for and against immigration reform. And, like other political and social movements in U.S. history, there is truth to both sides of the issue.

Immigrants who are here illegally are probably running from the law or are engaged in illegal activity here in the U.S.

While some undocumented immigrants are, in fact, criminals, this is not the norm. Many undocumented immigrants contribute positively to society and have a clean background aside from their lack of legal status in the U.S. Unfortunately, it is easy to lump people into either one category or the other; immigration reform advocates will contend that most immigrants are ideal, highly-educated members of society, while opponents often think that most immigrants are criminals who just want to cheat the system. Realistically, the undocumented population contains both types of immigrants, and other types in between.

Providing legal status to undocumented immigrants is exactly what the U.S. economy needs.

There are two sides to every story, and the impact of immigration on the U.S. economy is no exception. Opponents of immigration reform are concerned with the cost of immigration reform, and we can’t argue that reform is free. The cost of processing applications, as well as the cost of civil and state benefits, will come at a cost to the U.S.

But immigration reform advocates offer the other side of the coin: immigrants, not current taxpayers, will have to pay for their own applications, as well as catch up on back taxes owed to the government. Advocates also point out that with the ability to work legally, these immigrants will be able to apply legally for jobs and earn an income, thereby paying taxes like other Americans. Increased income may also encourage families to spend more on commercial goods and better housing, which may help economic momentum.

Undocumented immigrants will take jobs away from U.S. citizens if we legalize them.

This is true for some job categories, but not for others. Demand for agricultural workers increases depending on the season, and there may not be Americans available or willing to perform such work.

Also, with many highly-educated Americans reaching retirement age, there is an increasing need for high-skill workers, especially in growing STEM (science, technology, engineering, and mathematics) fields. While it may be ideal to allow Americans to fill these jobs, the truth is that we don’t always have enough STEM-educated workers with the training necessary to fill these roles; but immigrants might, and this represents a “net positive for our country” (according to Sen. Marco Rubio).

Immigration reform is just amnesty.

Although many people refer to comprehensive immigration reform as amnesty, they are not interchangeable. Amnesty, or a mass pardon of prior offenses, insinuates a “forgive-and-forget” mentality whereby immigrants would be off the hook for all immigration-related offenses. Many people object to immigration reform for this reason, contending that immigrants should not be allowed all the benefits of American citizenship when they came to the U.S. illegally.

Comprehensive immigration reform, on the other hand, is expected to require that immigrants earn their legal status by repaying back taxes, paying a fine, waiting in line for their status, and having a clean criminal history. Being currently undocumented will not be the only qualification to benefit from reform; immigrants must also meet certain requirements, and those who don’t will likely face deportation.

If we legalize all the undocumented immigrants, more illegal immigration will occur and we will have the same problem in a few years.

Legalizing the current immigrants is one thing, but won’t this encourage more illegal immigration? This is a valid concern, and one that many reformers seek to address by improving border security and finding safer, more effective methods of legal entry. “Sneaking” across Canadian and Mexican borders has actually decreased in the last several years, which is a result of both better border security and the state of the economy.

But not everyone who is in the U.S. without status is guilty of illegal entry; many people entered the U.S. on a valid visa, but never left. Immigration reform is also proposing better processes for monitoring those on temporary visas, and for tracking those who overstay them.

Immigration reform is just about illegal immigration.

The undocumented population is a big issue within immigration reform, but not the only issue. There are also shortcomings of employment- and family-based visas as well; the immigration system in the U.S. has not been comprehensively reevaluated for years, and the old methods have not increased with the demand of other visa types. Immigration reform proposals have also addressed investment visas as well as issues with the H-1B cap, family unity, and LGBT issues.

If you have questions about your immigration status, or about the impact of comprehensive immigration reform, you can contact an immigration specialist or connect with us on Facebook and Twitter.

DACA Applicants Get Creative: Demonstrating Continuous Physical Presence in the U.S.

By |April 5, 2013|

To prepare a successful Deferred Action for Childhood Arrivals (DACA) application, applicants must demonstrate continuous physical presence in the US from June 15, 2007 to the present day. However, because many applicants have kept a low profile, obtaining this documentation can seem like a daunting challenge.

You or a family member/friend should not be discouraged from applying for deferred action because you are nervous about obtaining enough documents to demonstrate your continuous physical presence. Through creativity and consultation, VISANOW has worked with many customers who started with minimal documents and a lot of frustration, and ended with strong evidence of their continuous physical presence and approved DACA applications.

Examples of documents that can demonstrate your continuous physical presence include:

  • School records (attendance, registration, report cards, diplomas, certificates, awards, test results).
  • Employment records (paystubs, employment letter, employment contract, Form W-2 Wage and Tax Statement).
  • Medical records (insurance, vaccinations, visits, dental/orthodontia, pre-natal care).
  • Marriage certificate, divorce certificate, children’s birth certificates (regarding children: emergency contact information, children’s day care receipts).
  • Bills: credit card statements; car payments/maintenance/insurance; utility: water, gas, electric; rent; Direct TV/DISH Network; cell phone.
  • Bank statements.
  • Lease.
  • Receipts: purchases (amazon.com purchasing history); wire transfers.
  • Community records (sports, volunteer work, church records).
  • Flight itineraries/tickets.
  • Identity documents issued in US (school ID, gym ID, passport, Consular ID).
  • Memberships: gym, video rental, Sam’s Club, library.
  • Dated photographs.
  • Facebook posts, where applicants have “checked in at a location.

To read about other interesting documents that DACA applicants have used, check out this article from ABC News.

In March, USCIS received the lowest number of DACA applications since the program began in August. Having prepared many DACA applications for persons ranging in age who have each had his/her own unique life experiences, we understand that collecting documentation of continuous physical presence can seem like a challenge.

We encourage you to speak to a VISANOW representative about any hesitations you or a family member/friend may have regarding DACA. You or a family member/friend could be just a few months from receiving Deferred Action, a work permit, and a valid social security number!

Take a very important step toward achieving your dreams in the US and contact VISANOW for your free DACA case assessment!

Questions? Comments? Connect with us on Facebook and Twitter.



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What do marriage equality and immigration have in common?

By |April 2, 2013|

Civil- and social-rights movements have catalyzed many of the most important and most historic changes in the United States. As a diverse nation, we have a colorful – and painful – history of social reformation over the years.

For members and supporters of the LGBT community, the battle has been a long and painful struggle for marriage equality and legal rights for same-sex couples. The Defense of Marriage Act (DOMA) is at the front of the news right now as many movements and people groups attempt to reverse its anti-equality effects.

Public activism for marriage equality began as early as 1972, according to a marriage equality timeline from freedomtomarry.org. Since then, many LGBT individuals have come out to declare their sexual identity, even in a time when it was not the norm.

The boldness of these members of society is a large part of how the marriage equality cause has come as far as it has: awareness is often the first step for social change, and the more people remain in the shadows, the less chance they have of gathering support.

The same holds true for the undocumented population in the U.S. today.

The marriage equality issue and the immigration issue are very different (although there is some overlap in the area of LGBT immigration equality), but they do have some key points in common.

For undocumented individuals, including DREAMers, there is often a coming-out-of-the-shadows process. Many DREAMers who disclose their undocumented status fear rejection by their peers, deportation by the U.S. government, and negative consequences from their employers or educators. Overcoming this fear has been a painful, but necessary, step for many undocumented immigrants.

Many success stories have arisen from DREAMers and other undocumented individuals who are willing to come forward as “undocumented and unafraid” (a mantra for some DREAMers; check out the ABC article here). This willingness has resulted in increased awareness of undocumented immigrants, a more accurate picture of who the DREAMers are, and a better public understanding of the need for immigration reform.

The work is certainly far from over, and there are many stories left to be told. To hear more about DREAMers’ stories, check out The Dream Is Now, a documentary about undocumented immigrants in the U.S.

Do you have questions about your immigration status? You can contact us online or connect with us on Facebook and Twitter.

The Fate of Special Immigrant Visas

By |April 1, 2013|

The month of March represented the 10-year anniversary of the Iraq war. The war was declared over in late 2011, but its effects will linger for quite some time.

One advocacy group, The List Project, says it this way: “Although the war is officially over for the American public, Iraqis who formerly assisted our troops, diplomats, and aid workers are still in grave danger. Our mission continues to help as many possible.”

In 2008, the National Defense Authorization Act for Fiscal Year 2008 authorized the Special Immigrant Visa program. This allowed certain Iraq (and then in a separate act, Afghanistan) nationals who provided “faithful and valuable service” to the U.S. government to obtain a visa in order to escape the “ongoing serious threat” of remaining in their homeland.

The 5-year program is over as of FY2013, although less than a quarter of the originally-allotted 25,000 visas have been accounted for. Some visas still remain in backlog, yet to be processed and approved.

Although the Special Immigrant Visa program is not often addressed during talks of comprehensive immigration reform, special interest groups are still advocating for it.

In fact, 19 members of the U.S. House of Representatives (several of whom are veterans of the Iraq and Afghanistan wars) recently submitted a letter to President Obama, asking for an extension of the program.

Supporters of the Special Immigrant Visa program have a few main concerns:

  • The program is ending, but there may be many more Iraq and Afghanistan nationals who are in danger because of their service to the U.S.
  • The backlog of applications means that applicants are waiting even longer in areas of potential danger to themselves and their families.
  • For the Afghan Special Immigrant Visa program, there are no provisions for children over 21 or other family members who might face danger because of the applicant’s service.

You can read the letter in its entirety here.

Of the 19 signatories of the letter to President Obama, 2 were from Illinois. One of those, Adam Kinzinger (R), agrees: “The Iraq and Afghan Special Immigration Visa (SIV) programs are an important way to express our appreciation to those willing to risk their lives in defense of our country. We must uphold the commitment made by the U.S. to the Iraqi and Afghan men and women who served and protected our nation.

To voice your support or concern about the Special Immigrant Visa program, you can contact your local Representatives.

If you have questions about your immigration status, contact us or connect with us on Facebook and Twitter.

The Impact of Same-Sex Marriage on U.S. Immigration

By |March 28, 2013|

There has been a buzz across the U.S. these last few days on the issue of same-sex marriage. If you’re on Facebook, you’ve seen the marriage equality symbol on users’ timelines and in their profile pictures. If you follow the news, you’ve seen marches and protests. And, you probably know someone whose life is personally affected by the current state of marriage laws in the United States.

Many foreign nationals and immigrants are in same-sex relationships, and because same-sex marriage is not yet legal on a national basis, these foreign nationals are not allowed to apply for certain immigration benefits. The Defense of Marriage Act (“DOMA) currently defines marriage as between one man and one woman, denying federal benefits, including immigration benefits, to same-sex couples.

This means that, currently, even if you are legally married (in your same-sex marriage-recognizing state, such as Iowa, or in a non-U.S. jurisdiction, such as Canada) to your same-sex partner, you still don’t have access to the U.S. immigration benefits that a legally-married heterosexual couple has. Your U.S. citizen spouse cannot sponsor you for a green card. You can’t apply for a fiance visa if you are engaged to a U.S. citizen. And you can’t apply for a dependent visa (like an H-4) based on your spouse’s employment-based visa (like an H-1B).

The way the law stands today, if you are in a same-sex marriage, you have no hope of becoming a lawful permanent resident or a U.S. citizen through marriage-based sponsorship.

There are, of course, other factors surrounding marriage equality. Immigration is not the only benefit that same-sex couples are denied, but it is an important one. For mixed-citizenship couples who want to live their lives together, moving to a country that recognizes same-sex marriages for immigration purposes (like Canada) sometimes becomes the best option.

The U.S. is on its way to reforming our immigration system, and we are hopeful that other civil rights reformation will be close behind in order to provide the same core benefits to all immigrants and their loved ones.

If you have questions about your immigration status, or are trying to bring a loved one to the United States, contact us or connect with us on Facebook or Twitter.

The Do’s and Don’ts of Hiring an Attorney

By |March 26, 2013|

You may have seen the New York Times article yesterday about lawyers who overbill their clients. We saw it, too, and it raises some great questions about hiring and working with attorneys of all kinds.

We believe in improving the legal services experience, no matter what kind of legal services you are looking for. That’s why we compiled this list of “do’s and don’ts” for hiring an attorney.

  • Do your research ahead of time. In the internet age, there is plenty of information available online about most businesses; take a few minutes to Google the attorney you’re interested in working with. Ask for referrals or testimonials. A good attorney doesn’t have anything to hide from you.
  • Don’t forget to get a written agreement about the nature and terms of the attorney’s work. Some dishonest attorneys will not disclose to you exactly what they will be working on with your case; this allows them to spend time on unnecessary projects, and bill you for it.
  • Do ask for an estimate of the fees you will owe. An attorney who specializes in the area of law you are looking for will probably have a grasp of what you will be paying; but keep in mind that sometimes unexpected issues come up in the legal environment. Your attorney isn’t able to predict what these things might be, but they will need to bill you for their time. Since we at VISANOW have a transparent online platform, our clients pay a flat rate for most case types; this eliminates the need for extra charges, regardless of how complex the case gets.
  • Don’t be afraid to review your monthly bills or invoices. If your attorney is billing you for something you don’t understand, ask for clarification. An honest attorney won’t mind explaining the items on your bill, or correcting a mistake that they overlooked.
  • Do take the initiative to look for a new attorney if necessary. If you aren’t happy with your law firm or continue to have unresolved billing issues, it may be time to move on and find an attorney who is easier for you to work with.
  • Don’t believe the lowest bidder. We’ve all heard the adage, “you get what you pay for” – and the same is true with legal services. If an attorney gives you a cost estimate that seems far too low, ask yourself a few questions: is this a reputable firm, or a novice attorney taking any work they can get? Does this estimate include everything that my case will require, or will I get hit with add-on fees and extra billable hours?
  • Do tell others about your experience with your attorney. If you had a great experience, post about it on an online review site, or tell your friends and family. If you had a negative experience, take a few minutes to let others know what the red flags are. Most legal  professionals appreciate the opportunity to improve their services, so be sure to let them know what your experience was like.

Do you have any other do’s and don’ts to add to the list? Let us know in the comments, or connect with us on Facebook or Twitter.

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