Immigration Blog

Startup Act 3.0

By |February 14, 2013|

President Obama's State of the Union Address

President Obama calls for comprehensive immigration reform in Tuesday’s State of the Union Address (courtesy of Breitbart)

In Tuesday’s State of the Union address, President Obama called on Congress to complete an immigration reform bill.  His charge was, “Now let’s get this done. Send me a comprehensive immigration reform bill in the next few months, and I will sign it right away.”

Meanwhile, a group of bipartisan senators have proposed the Startup Act 3.0, which would provide visas to immigrant entrepreneurs and foreign students with Master’s degrees and Ph.D’s from US universities in STEM disciplines (science, technology, engineering, and mathematics). These are intelligent reforms to keep talented and educated workers in the US, as well as to attract the best and brightest from around the world to experiment and develop new products and ideas here.

The proposed Startup Act 3.0 would grant up to 75,000 new entrepreneur visas to business founders who raise $100,000 for new ventures, and who hire at least two employees within one year and at least five employees within the following three years.  This development would dramatically change how students and foreign nationals go about creating new businesses in the United States.

This proposal is incredibly important and should be part of a comprehensive immigration reform package. The options for today’s foreign entrepreneurs are limited and daunting. If an entrepreneur wants to come to the US to pursue a new business, the current options include:

  • Pursing an EB-5 green card, which requires an investment of $1,000,000 in personal money. Therefore, this excludes most young entrepreneurs, or even older entrepreneurs who would seek outside funding.
  • Pitching a business idea to an existing company and getting a visa through that company to work on the project.
  • Attempting to build a company while pursuing full-time employment with another employer.
  • Starting a company abroad, and then launching a new US office.

The Startup Act 3.0 would present the opportunity for enterprising foreign nationals to build companies in the US without the above hassles. Now, when a student or business person has a brilliant idea, if they can get the funding, they can start a business here in the US.

However, that $100,000 funding requirement is still daunting and unnecessary. Many of today’s great business ideas do not require a lot of funding to try. The next Facebook, Instagram, or Groupon might be able to be started for much, much less. Moreover, there are many great ideas out there that will not be able to attract funding. This funding requirement will reward those who are well-connected to capital sources, but will greatly discourage those who merely work hard and have a great business idea. After all, we should not discourage the foreign national who has an idea for a great local business, which will employ 10 people and not more. Conversely, we should not only reward the high-risk tech businesses that may initially employ hundreds, but may in the end dissolve and employ zero employees.

The second part of the Startup Act 3.0’s proposal is to grant up to 50,000 visas for foreign students who graduate with advanced US degrees in STEM fields, and who spend at least five years pursuing careers in those fields.  This is a great idea, as we currently lose many of America’s best-educated employees by either making it difficult to get a job due to the H-1B cap, or difficult to keep a job due to the demanding and obtuse PERM green card process. By ensuring visas for those who work in their trained fields, we will have a better workforce, with more of the employees making true innovations in today’s economy.

Here at VISANOW, we see great American companies paying high wages to talented employees trained at American universities. However, we also see many potential employees lost due to the challenges of retaining those students through our current immigration system.  This program would be a boon to US business, US universities, and the American economy.

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Undocumented Immigrants Among Special Guests at the State of the Union Address Tonight

By |February 12, 2013|

 

Alan Aleman, special guest at President Obama's State of the Union Address Ambar Pinto, special guest at President Obama's State of the Union Address Julieta Garibay, special guest at President Obama's State of the Union Address
Tonight President Obama will give the first State of the Union address since he was inaugurated into his second term. In tonight’s speech, President Obama will highlight the accomplishments of his administration over the past year, as well as setting an agenda for this coming year. We are expecting a few current political hot topics to appear on the agenda, including gun control and comprehensive immigration reform.

We are also expecting to see a few special guests in attendance this year.

The tradition of inviting special guests to the State of the Union address started in 1982, when President Reagan invited Lenny Skutnik to attend as a tribute to his heroism during the crash of Air Florida Flight 90. The list of invited special guests this year is quite lengthy. Among such guests as Tim Cook, the CEO of Apple, are some individuals who feel strongly about comprehensive immigration reform. These individuals include immigration activists, DACA approvals, and undocumented immigrants.

You’ll recognize Alan Aleman from President Obama’s speech in Las Vegas last month. Alan was born in Mexico City, Mexico and his parent brought him to the U.S. when he was eleven years old. He was one of the first residents of Nevada to receive a work permit under Deferred Action for Childhood Arrivals.

Senator Mark R. Warner (D “ Virginia) has invited Ambar Pinto, a 19-year-old student from Fairfax County, Virginia. Like Alan, Ambar’s parents brought her to the U.S. when she was young “ just twelve years old. Ambar attends Northern Virginia Community College and pays three times more than her documented classmates. Ambar serves on the board of directors at Edu-Futuro, a nonprofit organization that provides education and leadership development to Latino children, youth, and families.

Julieta Garibay will also be attending the State of the Union address as a special guest of Representative Marc Veasey (D “ Texas). Julieta is 32 years old, just one year outside of being eligible for DACA. Her parents brought her to the U.S. when she was twelve years old. Julieta has her master’s degree in nursing, but cannot find work because of her status. If she looks familiar to you, that’s because she’s a founding board member of the United We DREAM Network.

Alan, Ambar, and Julieta are all fighting for one thing “ a concrete plan for Comprehensive Immigration Reform that keeps families together.

President Obama’s State of the Union address will begin at 9:00 p.m. Eastern Time tonight. Will you be watching with us?

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Immigration Statistics from the Pew Hispanic Center

By |February 1, 2013|

This past week, the Pew Hispanic Center published interesting data regarding the 40 million immigrants currently in the U.S. Of those 40 million, 11 million are undocumented.

After listening to President Obama’s speech on Tuesday about comprehensive immigration reform, I was reminded that my grandparents were immigrants. If my family had waited a few decades to immigrate, I could be among the 1.7 million eligible to apply for Deferred Action. And the President could not have said it more simply: “we forget that.

The press release published on January 29th highlights unauthorized immigrants. In 2007, the number of unauthorized immigrants peaked at 12 million. This decrease in unauthorized immigrants can be attributed to less immigration from Mexico.

The Pew Hispanic Center’s report shows that 58% of unauthorized immigrants are from Mexico, which completely aligns with the recent Deferred Action (DACA) application statistics published on January 17, 2013. Since August, of the 407,899 DACA applications that have been accepted, 71% of applicants originated from Mexico.

As politicians continue their discussions regarding Comprehensive Immigration Reform, they must remember their parents, grandparents, and great-grandparents who came to America in hope of a better life.

If you would like assistance with filing your DACA application, feel free to call VISANOW for a free case assessment at 1-855-60-DREAM to speak with an expert.

To read the full press release from the Pew Hispanic Center, please click here.

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The I-Squared Act of 2013

By |January 31, 2013|

The proposed I-Squared legislation (Immigration Innovation Act of 2013) makes substantial and necessary changes to our H-1B cap system.

Currently, the U.S. government allows for a limited number of workers to be sponsored for H-1B employment every year. H-1B visas are available for individuals with Bachelor’s degrees performing work in positions that require at least a Bachelor’s degree for employment. The U.S. government currently limits the number of new H-1B visas to 65,000, with an additional 20,000 available for individuals who graduated with a Master’s degree from a U.S. college or university.

I-Squared would raise the cap to 115,000 “ and potentially up to 300,000 based on additional clauses “ new H-1B cap spaces available every year. In addition, I-Squared would uncap the advanced degree exemption for employees with an advanced degree from a U.S. college or university.

These changes will make business and employment decisions substantially easier for U.S. employers and will allow more talented foreign workers to enter the U.S. U.S. employers have filled all 85,000 H-1B cap positions over the past several years. In fact, the H-1B quota was filled in approximately two months in 2012. By allocating more H-1B numbers, U.S. employers would benefit in the following ways:

  • Greater ease in hiring necessary workers at all times of year, rather than only at certain government-designated calendric periods.
  • Diminishes the need to plan for hiring for certain high-skill positions as much as a year in advance.
  • Allows U.S. employers to employ more high-skilled employees in the U.S. rather than abroad.
  • Retains more high-skill workers, especially American-educated workers, in the United States, rather than suffering “brain drain by losing these workers to foreign employers and subsequently competing against American companies.

The proposed I-Squared legislation also makes substantive changes to the employment-based green card process. The most important proposal is to eliminate annual per-country limits for employment based visa petitioners. Currently, no more than 7% of green cards are allocated to natives of any particular country, regardless of the foreign country’s population. Therefore, in theory Liechtenstein and India are allocated the same number of green cards per year. The proposed change will radically impact the lives of individuals from the countries that currently exceed this 7% threshold: India, Mexico, Philippines, and China. Currently, certain workers from India must wait over a decade to get their green cards. This change will also make the U.S. a more attractive place to work, as talented employees know they will be able to settle their families here with greater ease.

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Comprehensive Immigration Reform Resurges into the Limelight with Bipartisan Support

By |January 28, 2013|

After many years of being stalemated, the issue of Comprehensive Immigration Reform (CIR) is finally starting to show signs of having solid bipartisan support in Congress. Members of both the Democrat and Republican parties have come together to create a bill that combines the Republican party’s wishes for stronger enforcement laws and the Democratic party’s wish to consider eventual citizenship for currently undocumented immigrants.

The news comes in the wake of the recent November U.S. presidential election, in which the Republican party faced heavy criticism regarding the alienation of minority voters, including Latino voters, who voted 70% in favor of President Obama. It is refreshing to see that in the interest of moving their party forward, Republicans have now come together with Democrats to embrace the idea of immigration reform. This is a drastic change of tone by the Republican party compared to two years ago, when they criticized President Obama’s intention to move forward with creating a comprehensive immigration overhaul.

Some main parts of the proposed bill include the following:

  • Strengthened border patrol security with new technology, such as aerial drones.
  • A requirement for undocumented immigrants to register with the government, thereafter obtaining a probationary legal status that would allow them to live and work legally in the United States.
  • A requirement that undocumented immigrants “go to the back of the line when seeking green cards and citizenship.
  • A separate and faster path to citizenship for immigrant farm workers.

Since immigration reform fever has hit Congress, we also hope to see changes with regard to laws for non-immigrant visas as well. For example, Senator Marco Rubio of Florida (R) is working with Democratic senators to introduce a bill that would allow increase the yearly H-1B numerical quota, which is currently set at a level that many agree is far too low, given the U.S.’s desperate need for science and technology professionals.

The past few years have been difficult for CIR supporters and immigrants residing in the U.S., not only with Congress putting CIR on the back burner, but also because of elected officials passing anti-immigration acts, such as Arizona State Bill 1070.

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Undocumented immigrants to receive Illinois driver’s licenses in November at the earliest

By |January 28, 2013|

Undocumented driver's license bill in Illinois.
The bill allowing undocumented immigrants in Illinois was signed on Sunday at the Instituto del Progreso Latino
It’s official “ undocumented immigrants living in Illinois will be able to legally drive a car. This is a huge milestone for undocumented immigrants and a pathway towards comprehensive immigration reform. However, the Illinois Secretary of State’s office estimates that it will take at least ten months for these temporary visitor driver’s licenses to be available.

The icy weather on Sunday didn’t stop hundreds of supporters in witnessing the signing of the new bill by Governor Pat Quinn. Supporters, dignitaries and a mariachi band were all in attendance at the Instituto del Progreso Latino.

In the next ten months, the Illinois Secretary of State will need to finalize the rules, put a process in place, and then train all employees. The process and license will be a little different than the current process for U.S. citizens and documented immigrants.

First, the license will vary visually. It’s rumored that instead of a red background, it may be blue. The cards will also be marked as “not valid for identification. As the license will not be valid for identification purposes, it cannot be used to board a plane, to vote, etc.

Second, the licenses will not be issued at the time of appointment. All applications will need to run through a database for face recognition. It’s uncertain how long it may take for individuals to physically receive their driver’s licenses.

Lastly, the licenses will be valid for three years, compared to four years. When the license has expired, the individual will have to reapply.

For an individual to qualify for the driver’s license, they must prove that they’ve lived in Illinois for at least a year and are ineligible for a Social Security card. The applicant must also pay the $30 fee and pass the traditional vision, written, and road test.

One of the most important aspects of this new bill is that all drivers must have insurance. This is going to make Illinois roads safer. Drivers that are pulled over and who do not have insurance will receive two tickets “ one for driving without insurance and one for driving without a license.

From here, supporters will next take on comprehensive immigration reform. It’s expected that the Senate and President Obama will be making announcements later today and tomorrow regarding the framework.

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A new way to keep families together during the visa application process

By |January 24, 2013|

Submitting a visa application can certainly be stressful, especially for those who aren’t able to remain with their families during the process. Previously, many applicants with immigration violations had to exit the U.S. in order to complete the application process.  These applicants were forced to leave their families, uncertain whether they would be permitted to re-enter the U.S.

However, the process is substantially improving for some immigrant visa applicants!

Effective March 2013, there is an exciting waiver option that may be available to you: the Provisional Waiver of Inadmissibility.  Eligible applicants can file the Provisional Waiver of Inadmissibility in the U.S. and receive their permanent residence without needing to leave their loved ones and without worrying about whether they will be permitted to re-enter the U.S.

What is a Provisional Waiver of Inadmissibility?

This particular process waives the problem of being inadmissible to the US for your immigrant visa because you entered with U.S. without inspection. For those who entered without inspection, the Provisional Waiver of Inadmissibility may be an option for you.

How do I get a Provisional Waiver of Inadmissibility?

To be eligible for this waiver, a U.S. citizen parent or U.S. citizen spouse must sponsor you for a visa.  You and your immigration attorney must work together to show that your U.S. citizen parent or U.S. citizen spouse will experience “extreme hardship if you are not permitted to live in the US. There is no definition of “extreme hardship.  In the “extreme hardship evaluation, the officer who reviews your case will assess many aspects of your sponsor’s situation to make this determination, including your sponsor’s physical/emotional state and conditions, financial situation, ties to the community, and the conditions in your country of origin.

How do I know if I qualify for the Provisional Waiver of Inadmissibility?

The rules for this particular waiver are more specific than the non-provisional waiver, which is still available if you do not qualify for the Provisional Waiver. As stated above, the relative who sponsors you must be a U.S. citizen spouse or U.S. citizen parent. Additionally, any other basis for inadmissibility (such as a criminal background or previous deportations) may disqualify you from receiving this waiver. Your attorney will be able to help you determine whether the Provisional Waiver is the right option for you, based on your specific case.

Since this waiver is so case-specific, it’s important to work with an immigration attorney that you trust who can help present all aspects of your situation for the reviewing officials. If you still have questions, or want to talk with a specialist about whether the Provisional Waiver of Inadmissibility is the right option for you, contact us today.

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Choosing an Attorney – Questions to Ask When

By |January 7, 2013|

There is no better time than now to apply for Deferred Action for Childhood Arrivals (DACA). President Obama just won, and no matter what anyone says, it will probably be a while until comprehensive immigration reform is passed “ if only because drafting that kind of legislation tends to take a while. Here are just a few questions to ask when choosing an attorney to help you with your DACA case.

Ask about fees and costs.

The DACA application fee is $465, but an attorney will most likely charge legal fees on top of this application fee. When you are choosing an attorney, you should ask for a price quote. Be sure to ask whether the price is the consultation cost, hourly cost, flat rate, and if it includes the application cost. If it is an hourly rate, be sure to ask for a quote on how many hours it will take to get a better idea of the total cost. For instance, if you call VISANOW, we would tell you that we have a flat rate system that does not include the application fee. Using VISANOW would mean that you would acquire absolutely NO extra or hidden costs.

Ask about case history.

When applying for DACA, be sure that you are choosing an attorney that has a long, strong history with immigration law. There is no appeal process if an application is rejected, so it is very important that your case is as strong and thorough as possible. VISANOW has 14 years of experience in immigration services and an approval rating of 95%*, for example. These stats are good to know when trying to decide which attorney to use.

*Approval is not guaranteed in any given case; approval depends on the specific facts and legal circumstances of each case. This excludes B-2 visas.

And don’t forget “ ask about accessibility and availability.

Attorneys are pretty busy and it is good to know how available they are for you. Make sure to ask how long it will take to get back to you about your questions, if you have to schedule appointments with them to talk, and to ask whether they will charge you each time you communicate. What are their hours? How do they recommend you get ahold of them? These questions are important so that the lines of communication stay open. Average VISANOW-affiliated attorney response time is approximately one hour during business hours. We also give you a personalized customer support team to help you with your questions.

Want to ask a VISANOW-affiliated attorney some questions? Looking to get your case started? Give our DACA experts a call at 855-603-7326 for your free case consultation. You can also ask us questions on Facebook and Twitter.

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DACA Application Fears

By |October 24, 2012|

With the November election just two weeks away, we wanted to address some DACA application fears. One of those main fears is simply applying, as many qualified applicants are waiting to know the outcome of the election before deciding to apply or not. We understand the personal turmoil that applicants feel when making the difficult decision whether or not to apply for this life-changing opportunity. We have developed this thorough process into what we call the Fear of Application Cycle.
DACA Application Fears

Exposing undocumented family members

This has been a concern since the policy was announced on June 15. The forms require your current address and proof that you have been living in the country continuously for at least five years. Consequently, most qualified applicants believe that providing this information could easily put their families at risk. However, the Obama Administration has done its best to assure qualified applicants that the information would not be used to deport their undocumented family members. It has been the Administration’s stance since the beginning. President Obama has shifted Immigration and Custom Enforcement’s focus onto undocumented immigrants that post a threat to our country and away from productive members of society.

Mistrust of attorneys

There is a stigma surrounding attorneys that is hard to break, no matter how many statistics you list or how many articles are presented that prove that the stereotypes are false. In some cases, an unscrupulous attorney may not be an attorney at all. The person may be a notario, or a person who is not licensed to help you with legal matters. We do recommend, however, that if you have any sort of a criminal history, that you use an attorney for your DACA application. Just make sure that the attorney has a long, positive record with immigration law. VISANOW, for example, has been working with immigration law for over 14 years, and the VISANOW-affiliated attorneys have a 95%+ case approval rate*. Unlike many attorneys, VISANOW charges a flat rate. These are all questions that you should ask when looking for a trustworthy and qualified attorney to help you prepare your DACA case.

High cost of application

This is possibly the most understood of all of the fears and hesitations surrounding applying for DACA. The application itself costs $465, which can be hard to save up if you can’t get a job that pays well due to your undocumented status, or if the money that you are making is going to help your family. If you decide to use an attorney, this cost will only go up. Most attorneys charge by the hour rates, and will charge you every time that you want to meet with them. But, VISANOW customers have an option to use a payment plan. This helps you pay at a rate that is easier for you, and keep your DACA case moving.

Uncertainty of the program’s future

With the election just 2 weeks away, this is probably the most pressing issue right now. First, it’s important to know what was recently said by both campaigns in regards to the future of the program. Then, it’s important to learn what your options are in regards to what happens if the program is cancelled after the election. For now, it cannot hurt you to begin the application process so that if the program is continued, you have a jump start.

All of these fears are valid and real, which is why we encourage you ask our VISANOW DACA experts as many questions as necessary for you to feel comfortable with your decision. Post questions about applying for DACA on our Facebook and Twitter, or contact a VISANOW DACA expert directly by calling 855-603-7326.

*Approval is not guaranteed in any given case; approval depends on the specific facts and legal circumstances of each case. This excludes B-2 visas.

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VISANOW Offers Relief to Help American DREAMers

By |August 28, 2012|

Leading Immigration Firm Helps Chicago’s Young Adults Stay in U.S.

CHICAGO, August 28, 2012 In response to President Obama’s Executive Order allowing certain young people to remain in the country without fear of deportation, Chicago-based VISANOW (1-855-60-DREAM) has established the first and only online application backed by a team of VISANOW-affiliated attorneys and a dedicated customer support team for the two-year waiver, also known as DACA (Deferred Action for Childhood Arrivals).

On August 15, 2012, when the U.S. Citizenship and Immigration Services (USCIS), began accepting requests for deportation waivers, thousands of undocumented immigrants across the country flooded their local advocacy offices seeking help and guidance, with more than 14,000 people lining up and around Chicago’s Navy Pier, many of whom did not receive the help they sought. Not surprisingly, for many young, undocumented immigrants seeking deferred status the process for obtaining the reprieve is rife with confusion and one that, if not properly filed, could lead to deportation proceedings. It is estimated that nearly 1.7 million young people are eligible for relief.

“The benefits of deferred action are what young, immigrant youth and their families have been hoping for. However, we must help to protect them from notarios and unscrupulous, inexperienced and costly lawyers who may seek to take advantage of the community. VISANOW provides experienced, trusted, successful and affordable assistance to our immigrant youth and families” said Marty Castro, VISANOW spokesperson, a long-time local and national community leader, immigrant advocate and attorney.

At VISANOW, applicants are guided through a comprehensive process that helps them determine first and foremost whether they are eligible for deferred action. Further, they learn about specific eligibility requirements and how each must be fulfilled. Plus, their team of attorneys maintain close communication with the individual throughout the application process. Applicants also receive unrivaled attorney response time, 24-hour access to information worldwide, faster form completion and submittal times, low, fixed costs, and dedicated customer support. In addition, VISANOW boasts a steady 99 percent approval rate. “Following the Navy Pier event VISANOW fielded over 1,000 calls regarding deferred action” said Castro, “and no one had to wait in a long line, since the complete process occurs online.

In addition, given the complexity of immigration law and the unprecedented number of applications, forms are likely to be closely scrutinized by USCIS, which underscores the importance of working with people who are familiar with what, for many, is a very complicated six-page form. “It is crucial for DACA applicants to complete the paperwork with the utmost care and attention” said Robert C. Meltzer, Chief Executive Officer of VISANOW. “Any errors, including insufficient data, on the applications could lengthen one’s waiting time. Plus, if an applicant cannot adequately respond to a USCIS request for more information, he or she could be denied the waiver.

VISANOW strongly recommends that people with criminal records have their offenses thoroughly reviewed by an experienced immigration attorney before applying for DACA, since USCIS will be sharing information obtained through the application with the Immigration and Customs Enforcement (ICE) and Customs and Border Patrol in order to identify or prevent fraudulent claims, raise national security concerns, or investigate or prosecute a qualifying criminal offense. “A person could, in effect, place himself or herself into removal proceedings by applying for DACA” said Castro.

Moreover, USCIS officers reviewing the applications will receive minimal supervision, another reason why each case must be prepared clearly and meticulously. Once a DACA application is denied it cannot be appealed.

About VISANOW
Since 1998, VISANOW-affiliated attorneys have provided tens of thousands of visas to visit, work, or join family members. We specialize in placing foreign nationals in U.S. companies and assisting placement of U.S. employees in foreign locations. We provide comprehensive legal expertise, unparalleled customer service, and patented online technology, to make this process as efficient as possible. According to analyst research, as much as 97% of the immigration process is administrative. Using our patented online process, we have automated the non-legal aspects of this document-intensive process, allowing attorneys to spend more time focusing on important legal issues. Clients experience reduced time commitments and costs, increased responsiveness, and improved access to information. Join us on https://twitter.com/VISANOW and https://www.facebook.com/Visanow.Global.Immigration.

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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.

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