Immigration Blog

The H-1B Cap for 2013

By |March 21, 2013|

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

The USCIS will begin accepting new H-1B petitions to be counted against the annual H-1B quota (or “H-1B cap) for Fiscal Year 2014 on Monday, April 1, 2013, for employment with a start date of October 1, 2013, or later.

Employers who are hiring foreign national employees who have not previously held H-1B status should be prepared to send out these H-1B petitions on Friday, March 29, 2013, so that USCIS receives these petitions on April 1.

For employers

Right now, employers should be identifying current and future employees who will need H-1B status to be legally employed. Typically, these individuals include employees currently working as F-1 students (with post-completion Optional Practical Training work authorization, or OPT), J-1 trainees, individuals seeking to change from another work authorized status (such as L-1, TN, or E-3), and individuals outside of the United States seeking to enter the country in October or later.

Each fiscal year, the USCIS makes a total of 85,000 new H-1Bs available “ 20,000 reserved specifically for individuals with Master’s or higher degrees from U.S. universities, and 65,000 under the “regular cap available to individuals with Bachelor’s or higher degrees.

Reaching the H-1B cap

Over the last three years, the cap has been reached on progressively earlier dates: January 27, 2011 (for FY 2011), November 23, 2011 (for FY 2012), and June 11, 2012 (for FY 2013). While we cannot predict exact demand for H-1Bs for FY 2014, we anticipate that this year’s cap may fill up immediately in April 2013. We strongly urge employers to open H-1B cases as soon as possible to allow sufficient time for case preparation, including the time required to file and receive Department of Labor certification for the Labor Condition Application (LCA) prior to submitting the entire H-1B petition to the USCIS.

If you have questions about filing your H-1B cases, contact us or connect with us on Facebook and Twitter.

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DACA: Continuous Residency

By |March 20, 2013|

Deferred action for childhood arrivals (“DACA) offers a wonderful benefit to individuals who entered the United States without inspection or whose lawful status expired prior to June 15, 2012. If approved, DACA defers removal proceedings for two years and allows the individual to remain in the United States without accruing unlawful presence.

In order to be eligible for a grant of deferred action, the applicant must:

  • Be younger than 31 as of June 15, 2012;
  • Have come to the United States before reaching their 16th birthday;
  • Have continuously resided in the United States since June 15, 2007, up to the present time;
  • Have been physically present in the United States on June 15, 2012, and at the time of making their request for consideration of deferred action with USCIS;
  • Have entered without inspection before June 15, 2012, or have had their lawful immigration status expire prior to June 15, 2012;
  • Be currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  • Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Many applicants ask what it means to continuously reside in the United States and wonder if they will be disqualified simply because they left the U.S. for a period of time. According to USCIS, it depends on your absence from the U.S.

If the departure is considered “brief, casual, and innocent you will still qualify for a grant of Deferred Action. To meet this standard, the departure must have been:

  1. “short and reasonably calculated for the purpose of the travel,
  2. not the result of a removal order or order of voluntary departure, and
  3. not made for unlawful purposes.

However, this standard only applies to foreign travel completed before August 15, 2012. Any departure from the United States after August 15, 2012, will break the continuous residence requirement and result in the denial of a pending or subsequent application for Deferred Action, unless the individual has applied for and received a special travel document called Advanced Parole (Form I-131, Application for Travel Document).

It is important to note that Advanced Parole can only be applied for after your DACA application has been approved.  Once Advanced Parole is issued, you can freely travel to and from the United States.

Overall, DACA offers an exciting opportunity to those who qualify, but each applicant needs to be reviewed on a case-by-case basis. We recommend working with an experienced immigration attorney who can help you apply for deferred action. If you have any questions, please contact us for your free case assessment, or connect with us on Facebook and Twitter.

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Innovators in Immigration Reform

By |March 19, 2013|

Innovators in Immigration
Across the United States, millions of people have deeply-seated reasons why immigration reform is a priority. For many (and most), the reason is family. For others, it is an issue of opportunity. It’s no secret that the possibilities for financial and personal success in the US are greater than in most other countries around the world today.

Just ask the members and executives of TechNet, a political network of CEOs and businessmen in the technology industry who have united for comprehensive immigration reform.

TechNet: innovators for immigration reform

Last week, members and representatives of TechNet met with President Obama to discuss the shortcomings and possibilities of immigration reform in the context of the tech sector: an industry with a unique and compelling interest in immigration reform.

An excerpt of their letter of intent reads as follows:

“The United States has a long history of welcoming talented, hard-working people to our shores. Immigrant entrepreneurs have gone on to found thousands of companies with household names like eBay, Google, PayPal and Yahoo! to name just a few. These companies provide jobs, drive economic growth and generate tax revenue at all levels of government.

“Yet because our current immigration system is outdated and inefficient, many high- skilled immigrants who want to stay in America are forced to leave because they are unable to obtain permanent visas.”

Since the momentum of the US appears to be picking up speed in the direction of technology, the demand for people to work in tech jobs is rapidly on the rise, while simultaneously the number of qualified US citizens to fill these jobs is declining. Tech companies have historically had a knack for hiring highly-skilled foreign nationals to fill the void of technology jobs, but the amount of allowable immigrant visas has not risen with the demand.

This may be the land of opportunity, but for some tech companies, this represents an opportunity lost.

iMarch: the March for Innovation

Another sub-sector of tech companies in the US has begun to organize a virtual march on Washington – a demonstration which fits its industry. Marchers plan to utilize email, Facebook, Twitter, and other web-based media to rally support for and draw attention to immigration reform.

The iMarch, supported by representatives of such industry leaders as AOL, Gilt, Tumblr, Bit.ly, DropBox, and many more, is projected to debut late this spring. For more information or to join the march, visit the iMarch’s website or follow the hashtag #iMarch on Twitter.

More information on high-skilled immigration reform

For more information on high-skilled immigrant visas, and to find out if you qualify for one, feel free to contact our immigration team or connect with us on Facebook and Twitter.

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Canadian Immigration: New Rules for the CIC

By |March 14, 2013|

by Marina Falkina, VISANOW Canadian Immigration Specialist

Since April 2012, some important changes have been made with respect to who can conduct business with Citizenship and Immigration Canada (CIC) on Canadian immigration matters.

An Act to Amend the Immigration and Refugee Protection Act

With the introduction of Bill C-35 in June 2011, An Act to Amend the Immigration and Refugee Protection Act, the Parliament of Canada made it an offense for anyone other than an Authorized Representative to offer immigration services for a fee or other consideration, at any stage of an application or proceeding. Authorized Representatives include: members in good standing of ICCRC (known as Regulated Canadian Immigration Consultants “ RCICs), lawyers in good standing with a provincial or territorial law society, and notaries who are members in good standing of the Chambre des notaires du Quebec.

For complete details about Bill C-35, please visit CIC’s website.

Identifying the HR professional’s role

It is important to understand what, in accordance with Bill C-35, HR professionals may and may not do when it comes to Canadian immigration and visa applications.

HR professionals and their staff may:

  • Conduct job interviews;
  • Make offers of employment;
  • Review job applications;
  • Provide translation services;
  • Provide courier services;
  • Provide information on medical services;
  • Make travel arrangements.

HR professionals and their staff may not:

  • Explain or provide immigration advice;
  • Complete immigration forms on their client’s behalf;
  • Communicate with CIC/Canada Border Services Agency for a client;
  • Represent clients in an immigration application or proceeding.

NOTE: HR professionals may still complete Labor Market Opinion (LMO) applications with Human Resources and Skills Development Canada.

For more information regarding travel to Canada, obtaining the Labor Market Opinion (LMO) on behalf of a Canadian (or foreign) company, or employing the services of foreign workers, please contact us or check out our Canadian immigration page.

Does your company employ Canadian nationals or visa applicants? Like us on Facebook or follow us on Twitter to stay up-to-date with current Canadian immigration policy.

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Deferred Action and the Path to Citizenship

By |March 13, 2013|

The grant of deferred action prevents certain undocumented individuals from removal from the United States, provided that they meet a specific set of criteria. Deferred action also grants work authorization for a period of two years.

One must be under the age of 31 to be granted deferred action. The premise of deferred action embraces the fact that undocumented individuals who came to the US at such a young age likely had no control over their migration to the US. As a result, the Department of Homeland Security has decided that if these individuals do not pose a threat to national security, then they are not a priority for deportation. In some states, this policy led to the creation of sister policies such as access to driver’s licenses for undocumented individuals and allowing them to obtain certain grants or loans for their education.

In this way, deferred action acts as a catalyst to a more long-term approach to the legalization of undocumented youth in America.

Next steps: Comprehensive Immigration Reform

The next step is to create a long-term solution for these individuals through Comprehensive Immigration Reform.

Comprehensive Immigration Reform is a series of proposals meant to change our current immigration policy. Since 1990, the US government has recognized the importance of family unity in our immigration policy, which is a concept that continues to arise in the current discussions of Comprehensive Immigration Reform.

A working draft of the 2013 proposal conveys the possibility of granting a Lawful Prospective Immigrant status to undocumented immigrants. The requirements for LPI status sound similar to deferred action, but in addition it would create a path for citizenship for many undocumented individuals, as well as provide work authorization along with travel authorization (which deferred action does not grant).

Legal Prospective Immigrant status

Although there is a going to be a wait on LPI status for these undocumented individuals, the path to citizenship was never an easy or short path to begin with. Some legal immigrants wait over 20 years to obtain their green cards prior to applying for citizenship.

LPI status would have a wait time of 13 years, and would allow LPIs to petition for their spouse and children outside the US. Additionally, this status would:

  • authorize employment,
  • allow travel and reentry,
  • protect from detention or removal,
  • consider the LPI as lawfully admitted into the US, and
  • designate the LPI as lawfully present in the US.

After the grant of LPI status, the Department of Homeland Security will have the authority to adjust the status of an LPI to a Legal Permanent Resident. After five years of LPR status, one could apply for citizenship.

Although there may be more ideal solutions to legalize the undocumented population, LPI status would be a potential fix for the 11 million undocumented individuals in the US, and is a step in the right direction towards the reformation of our immigration policies and laws.

Do you like the idea of offering LPI status to undocumented individuals? Let us know on Facebook and Twitter.

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What comes after DACA approval?

By |March 6, 2013|

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

The U.S. Citizenship and Immigration Services recently released statistics indicating that approximately 200,000 applications under President Obama’s Deferred Action for Childhood Arrivals (DACA) program have been approved since August 2012. As more and more young people in the United States apply for deferred action, it becomes even more important to outline the steps that these young “dreamers face after DACA approval.

Applying for a Social Security Number

After a deferred action recipient receives an employment authorization document (EAD card or Form I-766), he or she can go to her nearest Social Security Administration office and apply for a social security number. The EAD card will prove both the individual’s identity and ability to work in the U.S., but the SSA also requires him or her to provide a second document proving her age and identity, such as a passport, school identification card, or birth certificate. Any documents submitted by the DACA recipient must be either the original document or a certified copy.

Applying for a Driver’s License

Increasingly, states are allowing DACA recipients to apply for driver’s licenses. Officials in at least 37 states (Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, Washington, and Wisconsin) have confirmed that DACA recipients are eligible for driver’s licenses in their states.

Some states have not indicated whether they will specifically allow DACA recipients to obtain driver’s licenses, but their general DMV policies allow foreign nationals holding EAD cards or I-797 approval notices (both of which are given to DACA recipients) to obtain driver’s licenses.

So far, only two states “ Arizona and Nebraska “ have indicated their specific intent to prohibit DACA recipients from obtaining driver’s licenses.

DACA recipients can consult their state DMVs to determine what documentation they need to present to obtain driver’s licenses. VISANOW can help DACA recipients who need assistance in applying for driver’s licenses through their DMVs.

Updating Your Address with the USCIS

DACA applicants and recipients, like all other foreign nationals living in the U.S., are required to update their residence/address information with the USCIS within 10 days of moving. This can be done by filing Form AR-11 with the USCIS. VISANOW can also help DACA recipients who need assistance in filing their AR-11 change of address forms with the USCIS.

Do you have questions about what happens after your DACA approval? Let us know on Facebook and Twitter.

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DREAMers: Is Your Lack of Education Holding You Back?

By |March 4, 2013|

As most DREAMers know, the requirements for Deferred Action for Childhood Arrivals (DACA) emphasize education as an integral part of the approval process. Applicants must:

  • be currently in school,
  • have graduated from high school,
  • have obtained a certificate of completion from high school, or
  • have completed their General Education Development (GED) certificate.

For the first 400,000 applicants, the education requirements do not appear to be a problem; of these, 47% individuals have already been approved, and the rest are pending biometrics appointments. Since the USCIS is very clear about the educational expectations, relatively few applications have been rejected due to these requirements not being met.

Most of us have heard that upwards of 1.8 million people are potentially eligible for deferred action. Although this is largely true, this number also lumps in the people who are not immediately eligible to apply, but who will be in the future – and this group makes up about 50% of the 1.8 million (according to the Immigration Policy Center).

This category includes:

  1. those who are not yet old enough to apply, and
  2. those who are old enough, but have not yet met the educational requirements.

Since a GED certificate is the only other option for those who were unable to complete high school, it can be a very important step in the deferred action process. However, in 2014, the rules about the GED test are changing – and this may not be in the favor of some DREAMers.

Starting in January 2014, the test (which in some states has not been comprehensively redesigned since 2002) will take a new angle to determine college- and career-readiness. This is mostly good news, since more precise and detailed testing means more highly-skilled and educated people in the workforce.

But DREAMers, as well as others who are looking to complete their GED certificate in the near future, have a few things to be aware of.

  1. The new GED test will be taken on a computer, rather than on paper. For many people, this may not be a source of concern (and in some cases, it may actually be easier). But for others who are not tech-savvy, or who don’t have basic computer and typing skills, this is another skill set they will have to manage in order to receive their GED certificate.
  2. The cost of the GED test is expected to increase as well. While many programs to prepare for the GED can be taken for a reasonable fee (and sometimes even for free), the test itself has a cost associated with it – and this cost is expected to rise as the technological requirements for the test increase.
  3. Some people are also anticipating that the new test will be harder than the old one. Developers are expected to increase the scope of the test to cover more material, as well as increase the emphasis on math skills. This may mean more or different studying techniques for those preparing for the GED test.
  4. Those already in the GED process must complete the testing by 2014, or have to start over. If you have already begun the test-taking process, it’s a good idea to finish up before the new year; otherwise, you will get stuck having to start from scratch. Since most people have already invested significant time and expense in the GED process, having to re-do everything is a very daunting task.

Since getting your GED certificate can, in some cases, be the only thing holding you back from applying for deferred action, now is the time to make your educational dreams a reality.

In a previous blog post, we discussed the multiple factors holding people back from their DACA applications; obtaining your GED may or may not be a difficult process, but we can promise you that it’s worth it. Not only is it a prerequisite for your deferred action application, but it will most likely be a requirement when comprehensive immigration reform passes, as well.

What questions do you have about your GED? We are here to help you make sure that you are making the best decision for your future and your status in the US. Let us know on Facebook or Twitter.

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Infographic: Business & Labor Agree to Principles on Immigration

By |March 1, 2013|

Just last week the nation’s business and labor leaders came to an agreement that could help manage the future influx of immigrant workers. Keep in mind that this was one of the most contentious topics when immigration reform was debated back in 2007.

Labor and business organizations have often been on opposite sides of the immigration debate. This agreement, however, provides a platform that both groups can agree on, especially as it relates to work visas.  Ana Avendaño from the AFL-CIO said it best, claiming that the agreement, “Respects workers’ rights and meets the needs of business.”

Perhaps the most interesting aspect of this agreement deals with the subject of temporary workers. The new work visa proposal is different from our current temporary work-related programs. The quantity of new visas issued would be moderated based on the ebbs and flows of the economy and would potentially offer permanent residency, which would allow workers flexibility to switch jobs. Meanwhile, the interests of U.S. workers would remain a priority“they would have precedence for available jobs.

This milestone is worth noting. As the nation continues to grapple with gridlock on our debt, gun control and climate change, immigration reform has served as a unifying policy. For now it is too soon to tell, but we do see a glimmer of hope as this subject makes its way through our Congress.

 

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No Deadline to Apply for Deferred Action and Work Permit

By |February 27, 2013|

Recently, DREAMers have been asking the VISANOW team if there is a deadline to apply for Deferred Action and a work permit, and we have good news: there is no deadline! 

Under President Obama, the Department of Homeland Security implemented the Deferred Action for Childhood Arrivals program. With President Obama’s re-election, the program will remain, unless it is replaced by a better program through Congress and Comprehensive Immigration Reform.

Unfortunately, “notarios (non-lawyers who claim to offer legal services) are providing false information of an application deadline in order to rush DREAMers into making an uniformed decision and paying for their services. Do not trust someone who tells you that there is an impending deadline to apply for Deferred Action.

Applying for Deferred Action and a work permit should be an exciting and positive experience for DREAMers. For DREAMers, a grant of Deferred Action and the issuance of a work permit leads to stability, a sense of well-being, and great opportunity. With Deferred Action, DREAMers receive confirmation that they will not be deported, as well as the opportunity to apply for a work permit, valid social security number, and (depending on their state of residence) a driver’s license and/or state ID card.

However, if a DREAMer relies on insufficient case evaluation and incorrect advice in applying for Deferred Action, he or she may be negatively affected. First, it will take longer for US Citizenship and Immigration Services to process a poorly prepared Deferred Action application, which may end up being denied, thereby wasting the DREAMer’s money and time. Second, if a DREAMer’s case is insufficiently evaluated, it’s possible that information may be presented to the US government that can cause negative consequences for the applicant; at the most extreme, this could result in referral to Immigrations and Customs Enforcement.

Therefore, in making the decision to apply for Deferred Action, we encourage DREAMers to consult an experienced and trusted VISANOW-affiliated attorney who will fully evaluate all aspects of your case, including your manner of entry and any criminal history, and will file the application only if doing so is the best immigration option for you and is in your best interest.

VISANOW has filed many Deferred Action and work permit applications with a 100% approval rating. You 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 case assessment!

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Beyond Statistics: The Emotional Impact of Deferred Action

By |February 25, 2013|

 

Deferred Action for Childhood Arrivals

Image courtesy of The Associated Press

Last week the U.S. Citizenship and Immigration Services (USCIS) released their bi-monthly report on the status of Deferred Action applicants through mid-February 2013. According to the report, there has been some progress improving the backlog of Deferred Action cases noted earlier in the year.

However, what continues to intrigue many has been the continued decline in applications since our elections this past November. From mid-August through November of 2012 there was an average of 85,855 total applicants received per month. That number has since then decreased to 31,651 applications per month from December through mid-February of 2013.

There are a variety of reasons explaining the decline in Deferred Action applications. Some include the actual price (which has ranged from $1,000 to upwards of $5,000 when you factor in government processing fees), to the hardships of obtaining documentation (GEDs, places of residency, etc.), and finally for some it has been overcoming the overall fear of deportation for themselves and their loved ones.

The reality is that the slowdown could be attributable to all of these factors. These statistics do help in providing an objective understanding of Deferred Action.

However, the real impact of Deferred Action is best portrayed through the perspective of those actually applying. Their stories are of hope, fear and determination. Here is one such story¦

Graciella is a high school junior who fled to the United States from Mexico at the age of three with her mother and siblings. She vividly remembers the trek from her hometown in Aguascalientes, Mexico to the U.S. border. She describes in detail the hardships her mother overcame leading up to, during, and after their successful entry into U.S. territory. The lack of basic provisions such as water, food, and clothing were secondary compared to the fear of getting caught and sent back home or taken advantage of by smugglers.

Once Graciella and her family finally settled into Chicago’s South Side neighborhood, her struggles continued as her mother worked two jobs to feed her family. Over time her mother found a niche cleaning homes and on occasion Graciella would come along to provide a helping hand

Graciella excelled as a student, earning top marks beginning in grade school, and continuing in junior high and now high school. Prior to Deferred Action, Graciella’s only ambitions were to graduate high school (she will be the first in her family to do so) and to then help her mother clean homes six days a week. She longed to attend college and make a better life for herself and family; but without identification she knew she would have little to no chance.

When Deferred Action was announced, Graciella was both optimistic and hesitant. She was hopeful that she may finally have a chance to come out of the shadows and be like any normal young girl, yet at the same time she was also fearful that if anything went wrong she and her family would be deported back to Mexico.

Graciella was an outlier. She took it upon herself to apply to DACA on her own. Upon completing her research online she decided she had enough information to apply. After a month and a half of collecting all of her paperwork and doubling her workload helping her mom, she was finally able to apply and pay the fee all on her own.

In January she received word that her application had been approved.

Today, Graciella cannot wait to see the look on her mother’s face when she finally graduates high school. The process of applying and getting approved for Deferred Action inspired her and proved that she can do anything she puts her heart and mind to. She envisions herself becoming an entrepreneur, like her mother, but with bigger ambitions like operating her own consulting firm. She has also become a vocal leader at school. She now leads a group of students who provide information about Deferred Action to other potential applicants. This fall she even plans on driving down to Springfield, Illinois to lobby and voice her opinion by asking her elected officials to take further action for others who hope to follow in her footsteps.

Graciella is living her American dream…

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VISANOW is now Envoy.

As part of our mission to create opportunities for organizations and global talent, we’ve updated our brand and how we communicate our message. In a time when thinking globally is how organizations grow and progress, we help businesses build world-ready workforces.

Envoy’s workforce management platform features premiere tools for navigating the immigration process for all your sponsored employees; knowledgeable Envoy-affiliated attorney and customer support; and resources to help you learn how to become an expert in the global immigration process.

You will be redirected shortly. Go to EnvoyGlobal.com to see the new changes.