immigration law | SEONewsWire.net

U.S. Customs and Border Protection to Issue Waivers to Qualifying Nonimmigrants for 5 Years

admin — Wed, 21 Sep 2016 17:08:13 +0000

The Admissibility Review Office (ARO) of U.S. Customs and Border Protection (CBP) announced that it will begin approving nonimmigrant waivers for a five year period, rather than the previous one or two year period.

As background, all non-citizens seeking to be admitted to the United States must be admissible – that is, not have engaged in certain conduct which would prevent their admission to the United States, such as criminal conduct, or unlawful presence, and if a foreign national did engage in prohibited conduct, that person may still become admissible if he or she obtains a waiver of the ground or grounds of inadmissibility. A section of federal immigration law contains a broad waiver provision that allows nonimmigrants such as tourists, students and foreign workers to qualify if the ARO approves their waiver application. The grant of a waiver is a discretionary decision.

Current processing times for nonimmigrant waivers averages four to six months, but in some cases can take much longer. Waivers have typically been issued with an initial renewal period of one or two years, and with a five-year renewal issued thereafter.

The combination of a long processing time and short waiver period led some applicants to file a new application immediately upon receiving approval of the initial application. To improve efficiency and reduce backlogs, the ARO announced that beginning in or around January 2017, both initial and renewal waiver applications would be approved for five year periods.

The post U.S. Customs and Border Protection to Issue Waivers to Qualifying Nonimmigrants for 5 Years first appeared on SEONewsWire.net.

USCIS Received an Unprecedented Number of H-1B Petitions for FY 2016

admin — Tue, 14 Apr 2015 17:55:23 +0000

On April 13, 2015, USCIS announced that it had received 233,000 H-1B petitions for Fiscal Year 2016 – the largest ever received in advance of a fiscal year – which reached the statutory cap for both the 65,000 H-1B visa numbers in the general-cap category, and the advanced degree exemption of 20,000 H-1B visa numbers. It received a total of 124,000 H-1B petitions in advance of FY 2015.

USCIS conducted a computer-generated random process to select the 65,000 general cap petitions and the 20,000 advanced degree exemption, and on April 13, 2015, selected all petitions for each group. The agency will return to petitioning employers those petitions not selected. USCIS has since announced that the it will begin premium processing the selected H-1B cases who have selected that service on April 27, 2015. It will continue to accept and process H-1B petitions for H-1B workers who have previously been counted against the H-1B cap.

Rabinowitz & Rabinowitz, PC. is an immigration law firm representing businesses and foreign nationals in employment-based visa cases. To learn more or to contact a Dallas immigration lawyer, visit http://www.rabinowitzrabinowitz.com.

The post USCIS Received an Unprecedented Number of H-1B Petitions for FY 2016 first appeared on SEONewsWire.net.

USCIS Reaches H-1B Cap on April 7, 2015 for FY2016: Delivery Glitches Frustrate Many Employers

admin — Tue, 07 Apr 2015 21:31:51 +0000

In bad news for U.S. employers seeking needed, high skilled foreign talent, USCIS announced on April 7, 2015 that it had enough H-1B petitions on hand to reach the annual advanced degree cap of 20,000 H-1B visa numbers, and the annual general cap of 65,000 H-1B visa numbers for the fiscal year beginning October 1. It will shortly conduct a random selection of those petitions on hand to determine which cases will be chosen for an October 1 start date. Making matters worse, delivery services mishandled numerous H-1B petition filings resulting in delayed delivery or damaged delivery of H-1B petition filings. USCIS issued guidance to affected employers on how to proceed only the day before, April 6, 2015, leaving little time for affected employers to act.

USCIS will use a lottery to decide which cases it will select. It will reject and later return all cases not chosen, including filing fees. USCIS has not announced when it will conduct the “H-1B lottery” nor the total number of petitions it has received since it began accepting H-1B filings on April 1 for the fiscal year beginning on October 1. During the last fiscal year, USCIS received more than 124,000 H-1B petitions.

U.S. employers were further frustrated this year by news that trusted delivery services either delayed or damaged numerous H-1B filings. Many employers learned too late of the delivery fiasco and USCIS provided instructions on how to withdraw the first and re-submit another H-1B petition the day before the cap was reached, which was too late for many employers whose cases arrived late or damaged to timely withdraw and re-file.

The post USCIS Reaches H-1B Cap on April 7, 2015 for FY2016: Delivery Glitches Frustrate Many Employers first appeared on SEONewsWire.net.

President Takes Executive Action on Immigration

admin — Sun, 23 Nov 2014 16:53:01 +0000

On November 20, 2014 President Obama announced multiple administrative changes to the way in which his Administration will implement current U.S. immigration laws. These far reaching changes provide Deferred Action for parents of U.S. citizens and permanent residents for a 3 year period, expand eligibility for Deferred Action for Childhood Arrivals, expand enforcement coordination at the southern border, expand provisional waiver coverage, promote citizenship, and tweak various immigrant and nonimmigrant programs. We will address each of the administrative changes in upcoming, separate posts. Stay tuned.

Rabinowitz & Rabinowitz, PC. is an immigration law firm in Dallas Texas representing individuals and family members in lawful permanent resident and U.S. Citizenship cases. To learn more visit http://www.rabinowitzrabinowitz.com.

The post President Takes Executive Action on Immigration first appeared on SEONewsWire.net.

National Visa Center Changes Document Collection Policy

admin — Sat, 15 Nov 2014 16:08:53 +0000

In a move to reduce applicant wait times, the National Visa Center will no longer require original documents to be submitted as part of the U.S. immigration process. Instead, starting November 12, 2014 immigrant visa applicants need only submit copies of supporting documents to the NVC. The immigrant visa applicant will bring the original documents to the interview at a U.S. consular post abroad for evaluation and final case processing. The NVC will still require an original signed Affidavit of Support be sent to it.

The post National Visa Center Changes Document Collection Policy first appeared on SEONewsWire.net.

Children’s Immigration Crisis Continues

admin — Tue, 30 Sep 2014 11:15:28 +0000

Although numbers eased somewhat in July and August, the children’s immigration crisis remains the most pressing immigration issue of the day.

Since October 2013, more than 52,000 children have been taken into custody. Most are from Central America, and a large proportion are not accompanied by parents or guardians. Their numbers represents a ten-fold increase from 2009. Twice as many unaccompanied children arrived this year than did in the last.

In large part, the current crisis is fueled by violence in Central America. El Salvador, Honduras and Guatemala are all facing high levels of gang violence, which is closely related to the illegal drug trade. According to the U.N. High Commissioner for Refugees, 58 percent of the unaccompanied immigrant children are migrating for safety reasons.

This fact has led many organizations and officials, including the U.N. High Commissioner for Refugees, to urge that the children be treated as refugees, even as immigration reform opponents blame the crisis on lax immigration policy and enforcement.

Other factors are also in play. For children from poor, rural parts of Guatemala and El Salvador, economic strain can provide the motivation to migrate. For those who already have family members in the United States, the desire to reunite with family may be central — especially because in Central America, the idea that children can easily reunite with U.S. relatives is prevalent.

The situation is complicated by the fact that the U.S. government cannot return migrant children from Central America to their home countries as easily and quickly as they can those from Mexico. This is a result of the Trafficking Victims Protection Reauthorization Act, a law designed to curb child trafficking. The law requires that children from Central America receive a court hearing before deportation.

Due to the influx of unaccompanied child immigrants, a years-long backlog has accumulated. Most children stay with U.S. relatives while they wait; the rest enter the foster care system.

Congressional sluggishness adds another layer of difficulty. This year, Congress has failed to pass anticipated immigration reform. In response, President Obama is expected to release an executive order which will address the child immigration crisis, as well as other aspects of immigration law.

A. Banerjee is a Houston immigration attorney in Texas. Before selecting an lawyer, contact the Law Offices of Annie Banerjee by visiting their website at http://www.visatous.com.

Author : Buffer, Inc
Website : http://bufferapp.com/diggdigg –>

The post Children’s Immigration Crisis Continues first appeared on SEONewsWire.net.

India EB-2 Visa Numbers Expected to Retrogress

admin — Fri, 12 Sep 2014 23:48:59 +0000

The October, 2014 Visa Bulletin advises that the current high level of EB-2 demand from India could push back Indian EB-2 priority dates from its current May 1, 2009, to early 2005. In fact, this retrogression could occur as early as November, 2014, reflecting the large number of filings in behalf of Indian EB-3s who sought a re-filling as an EB-2 to shorten the wait for visa availability. Eligible Indian EB-2s are urged to file for adjustment of status before the end of October, 2014 while visa numbers remain available.

The post India EB-2 Visa Numbers Expected to Retrogress first appeared on SEONewsWire.net.

U.S. Consular Posts in Canada Limit Visa Applications from Non-Canadians

admin — Thu, 05 Jun 2014 13:51:01 +0000

On June 3, 2014. the Department of State has advised that it will severely limit the number of visa applications from non-Canadians, referred to as Third Country Nationals or TCNs, who may want to apply for nonimmigrant visas at any U.S. consular post in Canada. The Department cited heavy case load during the peak demand months of June, July, and August as its reason for the restriction, and encourages TCNs who may otherwise wish to apply for a visa in Canada, to apply in their home country. Emergency TCN cases may still request to be scheduled, at each post’s discretion. Non-peak processing may resume in October and November.

The post U.S. Consular Posts in Canada Limit Visa Applications from Non-Canadians first appeared on SEONewsWire.net.

USCIS H-1B Premium Processing to Begin April 28, 2014

admin — Mon, 21 Apr 2014 23:05:47 +0000

On April 28, 2014, U.S. Citizenship and Immigration Services (USCIS) will begin premium processing for H-1B petitions subject to the fiscal year 2015 cap, including H-1B petitions seeking an exemption from the fiscal year cap for individuals who have earned a U.S. master’s degree or higher. USCIS provides premium processing service for certain employment-based petitions and guarantees a 15-calendar-day processing time.

The post USCIS H-1B Premium Processing to Begin April 28, 2014 first appeared on SEONewsWire.net.

White House Announces Employment Authorization Forthcoming for H-4 Spouses

admin — Wed, 09 Apr 2014 19:45:42 +0000

White House Announces Employment Authorization to be Available for H-4 Spouses

In a press release issued by the White House, the Department of Homeland Security will soon issued regulations permitting employment authorization for H-4 spouses. This is welcome news for many high skilled workers in the U.S. We shall report on the details once the regulations are promulgated.

The post White House Announces Employment Authorization Forthcoming for H-4 Spouses first appeared on SEONewsWire.net.

H-1B Cap Reached on April 7, 2014 for FY 2015

admin — Mon, 07 Apr 2014 20:13:23 +0000

On April 7, 2014, USCIS announced the receipt of more than the statutory cap of 20,000 advanced degree exemption H-1B petitions and of the 65,000 H-1B petitions. It will perform a random selection process to determine which cases are accepted for the coming fiscal year. All cap subject H-1B petitions received after April 7, 2014 will be rejected.

USCIS will conduct its random selection of the advanced degree exemption H-1B petitions first and those not selected will be added to the pool of petitions to be considered for the 65,000 H-1B petition limit. Because of the volume of received H-1B petitions, USCIS has not announced when it will conduct the selection process.

The post H-1B Cap Reached on April 7, 2014 for FY 2015 first appeared on SEONewsWire.net.

Supreme Court Bans 3 Municipal Ordinances Aimed at Controlling Illegal Immigration

admin — Tue, 04 Mar 2014 13:20:31 +0000

On March 3, 2014, the U.S. Supreme Court denied writs of certiorari in two (2) municipal ordinance cases designed to limit the presence of persons in their city without legal status in the United States. In the first case, the City of Farmers Branch, Texas sought to implement an ordinance requiring a city license of anyone seeking to rent an apartment. The high court let stand a Fifth Circuit decision which found that the Farmers Branch ordinance was in conflict with federal immigration law. The Court’s decision brings to a close a 7 year effort by Farmers Branch to curb illegal immigration.

In the second case, the City of Hazelton, Pennsylvania passed employment and housing ordinances in 2006 aimed at controlling illegal immigration by limiting those who could work and live in that city only to persons who could prove legal status in the United States. The high court let stand a Third Circuit decision finding that the local ordinance was preempted by federal immigration law. Both actions were championed by Kansas Secretary of State Kris Korbach.

The post Supreme Court Bans 3 Municipal Ordinances Aimed at Controlling Illegal Immigration first appeared on SEONewsWire.net.

Supreme Court Overturns 3 Municipal Ordinances Aimed at Controlling Illegal Immigration

admin — Tue, 04 Mar 2014 13:20:31 +0000

The post Supreme Court Overturns 3 Municipal Ordinances Aimed at Controlling Illegal Immigration first appeared on SEONewsWire.net.

HHS Issues 2014 Poverty Guidelines

admin — Tue, 18 Feb 2014 01:31:37 +0000

The Department of Health and Human Services has released the Poverty Guidelines for 2014. This annual update reflects changes in the preceding year’s Consumer Price Index. Annual Poverty Guidelines are part of the calculation used in preparing an Affidavit of Support for family based and certain employment based adjust of status case and immigrant visa cases.

The following chart reflects location, family size, and annual income:

2014 POVERTY GUIDELINES FOR THE
48 CONTIGUOUS STATES AND THE
DISTRICT OF COLUMBIA

Persons in family/household Poverty
guideline

1 …………………………………….. $11,670
2 …………………………………….. 15,730
3 …………………………………….. 19,790
4 …………………………………….. 23,850
5 …………………………………….. 27,910
6 …………………………………….. 31,970
7 …………………………………….. 36,030
8 …………………………………….. 40,090

For families/households with more
than 8 persons, add $4,060 for each
additional person.

2014 POVERTY GUIDELINES FOR
ALASKA

Persons in family/household Poverty
guideline

1 …………………………………….. $14,580
2 …………………………………….. 19,660
3 …………………………………….. 24,740
4 …………………………………….. 29,820
5 …………………………………….. 34,900
6 …………………………………….. 39,980
7 …………………………………….. 45,060
8 …………………………………….. 50,140

For families/households with more
than 8 persons, add $5,080 for each
additional person.

2014 POVERTY GUIDELINES FOR
HAWAII

Persons in family/household Poverty
guideline

1 …………………………………….. $13,420
2 …………………………………….. 18,090
3 …………………………………….. 22,760
4 …………………………………….. 27,430
5 …………………………………….. 32,100
6 …………………………………….. 36,770
7 …………………………………….. 41,440
8 …………………………………….. 46,110

For families/households with more
than 8 persons, add $4,670 for each
additional person.

The post HHS Issues 2014 Poverty Guidelines first appeared on SEONewsWire.net.

Paperless I-94 Processing: Some Bumps Along the Road

admin — Mon, 12 Aug 2013 21:32:29 +0000

Since U.S. Customs and Border Protection (“CBP”) began its paperless I-94 processing for air and sea travelers several months ago, foreign nationals have reported some problems with the new system. Because it is a major change with many other federal and state agencies used to seeing a paper I-94 for their own purposes, it is advisable for foreign nationals to examine and print out a copy of their electronic I-94 upon admission. It is available at the CBP website. A number of foreign nationals’ have reported being unable to locate their electronic I-94, which alone is discomforting. Other foreign nationals have found that their name has been misspelled, or the incorrect class of admission or length of admission have been recorded, issues which would otherwise go undetected but for a direct examination of their electronic I-94 record. Printing out a copy is beneficial even if everything is correct for one’s own records.

Should there be an issue requiring correction, a foreign national can take the I-94 printout and other documentation to the nearest CBP Deferred Inspection office for resolution. Finally, despite CBP’s efforts to advise all state departments of motor vehicles of the paperless I-94 process, some offices still expect to see an I-94 as part of issuance of a state drivers license to a foreign national traveler.

The post Paperless I-94 Processing: Some Bumps Along the Road first appeared on SEONewsWire.net.

Immigration Reform Not Likely To Pass This Year

admin — Mon, 12 Aug 2013 05:01:03 +0000

A recent Quinnipiac University poll found that 54 percent of voters polled stated they favored the eventual citizenship for undocumented immigrants. Eighteen percent of those polled stated that they would allow those who are undocumented to stay in the U.S. without allowing them citizenship, while the remaining 28 percent polled stated that they should be deported.

Though immigration has long been a hot-button issue, it seems the U.S. House has decided to delay further examination of several immigration bills while still grappling with how to approach a mostly Republican-backed desire for greater border security. It is expected that most revisions to immigration law which will affect individuals already residing in the country will not be determined until next year.

The House is now beginning to put a strategy into place for the rewrite that is needed of immigration laws, more than six months after the Senate-began its negotiations and weeks after the broad plan was passed.

Senate bill S. 744 proposes a path to citizenship for the more than11 undocumented immigrants who are residing in the United States and undocumented, along with a plan for border security which would cost $46 billion. Though most Senate Democrats and 14 Republicans passed the bill, a large number of House Republicans have stated that they are opposing the current citizenship path proposal. House Speaker John Boehner has repeatedly stated that the Senate bill would not be addressed any time soon, while Louisiana Representative John Fleming stated that any action this July on the bill was “100 percent unlikely.”

House Republicans met for a members-only meeting in July during which they reaffirmed that they would approach the immigration legislation decisions via individual bills. They plan to vote on how to strengthen U.S. border security before they move to other immigration reform issues. Boarder security and the enforcement of current immigration laws were the top priority, Boehner said. He did not comment on whether or not he thought the legislation which included the much-touted citizenship path plan would be passed, a plan which includes a provision not unlike President Obama’s DREAM Act. The DREAM Act is structured to fast-track the undocumented immigrants in the U.S. who came to the country as children and who have gone on to serve in the military or attend college.

President Obama has stated that he hoped to sign comprehensive immigration legislation by the end of 2012. Agreeing on citizenship pathways and border security continue to be a major hurdle for both the House and Senate. Grassroots supporters from business communities, from faith groups and social action communities have been lobbying for the Senate to move forward quickly, to little effect.

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an attorney, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.

Author : Buffer, Inc
Website : http://bufferapp.com/diggdigg –>

The post Immigration Reform Not Likely To Pass This Year first appeared on SEONewsWire.net.

BIA Holds Same Sex Marriage Valid for Immigration Purposes if Valid Under State Law

admin — Thu, 18 Jul 2013 17:37:12 +0000

In its decision dated July 17, 2013 in Matter of Zeleniak, the Board of Immigration Appeals, the appellate body reviewing USCIS decision on immigrant visa petitions, held that the Defensive of Marriage Act (” DOMA”) is no longer an impediment to approving a same sex marriage immigrant visa petition, provided the marriage is valid in the state where the marriage took place. In Zeleniak, the same sex marriage was celebrated in Vermont which recognizes same sex marriage. While Zeleniak was pending, the U.S. Supreme Court held Section 3 of DOMA unconstitutional. That section had defined marriage for federal purposes as a legal union only between a man and a woman. The BIA remanded Zeleniak for a determination regarding the bona fides of the marriage, the last inquiry prior to petition approval.

The post BIA Holds Same Sex Marriage Valid for Immigration Purposes if Valid Under State Law first appeared on SEONewsWire.net.

Senate Judiciary Chairman Leahy Supports Gay Immigrant Rights

admin — Thu, 27 Jun 2013 05:32:13 +0000

Senate Judiciary Chairman Patrick Leahy has pushed an amendment to grant full immigrations rights to LGTB couples.

Leahy told the news site, Politico, in a recent interview that at least one dozen U.S. states now legally recognize same-sax marriage. It does not make sense, Leahy said, for the federal government to help one married couple with immigration issues, but not another, simply based on their same-gender marriage.

One of the amendments backed by Leahy includes green cards for a foreign-born partner of a gay or lesbian U.S. citizen. Another amendment would give green cards only to a foreign-born partner if the couple is married.

Leahy stated that his goal is a fair and transparent process when it comes to the changes to immigration law, and for all people for whom it is important to get their say about those changes. In addition to the LGTB amendments, Leahy stated that the “trigger” issues are a number of border security benchmarks which must be agreed upon prior to allowing the more than 11 million undocumented immigrants apply for legal status. But critics are concerned that the compromise crafted by the Gang of Eight does not adequately address real border security issues and have countered with much tougher amendments.

The trigger encompasses extensive, new border fences; an agreed-upon, operational border security plan; the E-Verify system which would allow employers to check on the citizenship status of existing and potential employees; and a tracking system for both entry and exits at seaports and airports. Leahy said that he hopes any controversy is not enough to derail the important bill. Though the issues are serious, he said, they really should not be bones of contention. If the Senate truly wants an immigration bill, they will agree upon amendments to improve it and vote on them. Only people who really do not want a workable immigration bill, he said, will raise amendments with the intention of stalling it.

Currently, for married heterosexual couples, the spouse of a U.S. citizen can get immigration benefits, but the noncitizen of a same-sex couple cannot get the same benefit. This is due to DOMA, the Defense Of Marriage Act, a federal law which defines legal marriages as between one man and one woman. DOMA is currently under review in front of the Supreme Court. Will the majority of Justices strike down DOMA or will LGTB equality come into the country through the federal “side door” – immigration rights for same sex couples? We will know soon enough.

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an attorney, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.

Author : Buffer, Inc
Website : http://bufferapp.com/diggdigg –>

The post Senate Judiciary Chairman Leahy Supports Gay Immigrant Rights first appeared on SEONewsWire.net.

DHS Continues Employment Authorization for Certain Syrian F-1 Students to 2015

admin — Tue, 25 Jun 2013 01:42:34 +0000

On June 17, 2013, the Department of Homeland Security published notice that it has extended employment authorization for Syrian academic students currently in the U.S. who face severe economic need arising out of the civil unrest in Syria. The notice is effective from June 17, 2013 through March 31, 2015. The original notice granting Syrian students this benefit was effective from April 3, 2012 through October 31, 2013.

As background, DHS can authorize employment authorization while school is in session to students from countries DHS deems to be experiencing civil unrest. The authorization once approved for each student, means that an F-1 student whose country of citizenship is Syria and who faces severe economic need is deemed to be engaged in a full course of study while being able to work increased hours and maintain a reduced course load.

The measure will assist Syrian students who rely mainly on funds from Syria to continue their students and support themselves when funds from Syria may no longer be available to them.

The post DHS Continues Employment Authorization for Certain Syrian F-1 Students to 2015 first appeared on SEONewsWire.net.

CBO Estimates $175 Billion Savings if Senate Bill Enacted

admin — Wed, 19 Jun 2013 02:09:09 +0000

On June 18, 2013, the Congressional Budget Office issued a Cost Estimate regarding the budgetary effects of Senate bill S. 744 Border Security, Economic Opportunity and Immigration Modernization Act. The CBO estimated that implementing the Senate bill as written would increase federal direct spending to $262 billion mostly for increases in refundable tax credits arising out of a larger US population under the bill. Simultaneously, the report estimated an increase in federal revenues collection of $459 billion over the same period arising out of additional income and payroll taxes from an increased US workforce and a change of legal status of some current workers. The result would be a net savings of $175 billion over the 2014-2023 period.

The CBO stated that while the effects of immigration policies on the federal budget are uncertain and complicated especially when extended well into the future, the estimates make assumptions regarding the legislation’s stated increases in nonimmigrant and immigrant categories, together with projections on the number of persons who may obtain legalized status under the bill’s proposed provisions.

The post CBO Estimates $175 Billion Savings if Senate Bill Enacted first appeared on SEONewsWire.net.

US Electronic Immigration System Expands to Cover Immigrant Fee

admin — Mon, 20 May 2013 22:09:27 +0000

Starting May 19, 2013, immigrants abroad who have received their immigrant visas can pay the USCIS Immigrant Fee of $165.00US online through USCIS ELIS, the USCIS Electronic Immigration System. USCIS ELIS is the much touted “transformation” of paper-bound immigration processing to electronic on-line processing which USCIS has promised will modernize its immigration processing.

The ELIS system permits an applicants to make a payment, file an application, and submit electronically scanned evidence directly to USCIS. It also permits an applicant to gain real-time information about his or her case and receive USCIS notices electronically. Despite substantial investment by USCIS in ELIS, it covers only a single form: An application used by certain foreign nationals who seek to change or extend their visitor, or student stay. Now ELIS is also to be used by immigrants abroad to pay a Immigrant Fee to USCIS before departing for the U.S. instead of making payment on pay.gov. Starting February 1, 2013, USCIS began collecting a $165.00US fee for each immigrant who receives an immigrant visa package from a U.S. consulate or embassy abroad to receive a green card in the U.S. The fee reimburses USCIS for the cost of immigration processing after an immigrant surrenders his or her visa package to USCIS.

USCIS has not stated when ELIS will be expanded to process any of the other dozens of paper forms which USCIS requires of immigrants and non-immigrants alike.

Rabinowitz & Rabinowitz, PC. is an immigration law firm representing businesses, families, and individuals. To learn more or to contact an attorney, click here to visit http://www.rabinowitzrabinowitz.com.

The post US Electronic Immigration System Expands to Cover Immigrant Fee first appeared on SEONewsWire.net.

F-1 to H-1B Lottery Winners: Travel Before October 1 is Risky

admin — Mon, 20 May 2013 00:30:02 +0000

For many F-1 academic students who have graduated, received post completion Optional Practical Training (“OPT”), had an H-1B petition filed in their behalf with a start date of October 1, and “won” the H-1B lottery, such persons are entitled to continued, authorized F-1 stay and continued employment authorization up until September 30 of the year. This is known as a “cap gap” benefit. The question arises whether a cap gap H-1B beneficiary can travel outside the U.S. without adverse impact if the H-1B petition is pending or already approved.

While there is no guidance directly on point, in a policy Memorandum issued on April, 2010, Immigration and Customs Enforcement (“ICE”) advises against travel for an F-1 student whose H-1B change of status petition has not yet been decided. It bases its reasoning on USCIS policy that considers the change of status portion of an H-1B petition as abandoned if the H-1B beneficiary departs the U.S. before USCIS decides the case. The Memorandum is silent regarding cap-gap travel if the H-1B petition is already approved. To be safe, H-1B cap gap beneficiaries should remain in the U.S. during the cap-gap interval and those considering travel abroad should consider making an H-1B visa application in September. H-1B visa status holders can enter 10 days in advance of their start date but can only begin work on October 1.

The post F-1 to H-1B Lottery Winners: Travel Before October 1 is Risky first appeared on SEONewsWire.net.

International Travelers Injected $14.4 Billion Into the U.S. Economy in March, 2013

admin — Sat, 18 May 2013 16:31:07 +0000

The U.S. Department of Commerce has reported that international travelers spent more than $14.4 billion on travel and tourism in the U.S. in just one month, March, 2013, which the Department reports is an increase of 3% over the prior year, and is part of the $43 billion spent during the first quarter of 2013. According to Department officials, international travel and tourism represents is the U.S.’s largest service export.

Travel and tourism supports almost 8 million U.S. jobs and recent increases in tourism account for strong job growth in the leisure and hospitality sector. The Administration has a strategy in place to increase travel and tourism to attract more than 100 million international tourists who may spent up to $250 billion per year and expand economic growth throughout the country. The Administration’s goal is to maintain and improve national security through better law enforcement cooperation in the Visa Waiver program, together with enhancements to visa and visitor processing, and processing at U.S. ports of entry while making the U.S. a destination of choice worldwide. The sheer size and significance of the travel and tourism sector of the U.S. economy and long term U.S. concerns regarding terrorism and national security underscore the difficulty in balancing these interests. But balancing them is what the Administration must do.

The post International Travelers Injected $14.4 Billion Into the U.S. Economy in March, 2013 first appeared on SEONewsWire.net.

The LGBT Amendment

admin — Thu, 09 May 2013 21:43:00 +0000

Sen Patrick Leahy has introduced an amendment on the Senate immigration bill introduced by the gang of 8, to allow LGBT couples in long term relationships to get immigration benefits. And even though I am a liberal, and whole heatedly support gay rights, I think this amendment should be considered if and only if the Supreme Court leaves DOMA intact.

Gay couples are allowed to marry in many states. However, unlike heterosexual couples, who can get immigration benefits if their spouse is a Citizen of United States, gay couple cannot get the same benefit. And that is because DOMA, a federal law defines marriage as an union between a man and a woman. This law is up in front of the Supreme Court, has no support of the Obama administration or the majority of American people, and is a discriminatory law with no purpose. If the Supreme Court does not strike down DOMA, then the Roberts Court will go down in history as a bigoted court, out of touch with the reality of the times.

Being an optimist, I would like to think that the majority of Justices will at least think of their legacy and strike down DOMA. If that happens, gays can already marry in 11 states. Under full faith and credit, other states have to recognize and give Immigration benefits to same sex married couples.

The amendment says benefits to couples “in long term relationships.” Why would same sex couples have to prove “long term” when hetero couples dont? Why should the law recognize a Kardashian type Vegas marriage and not a similar same sex marriage?

Being LGBT is an immutable characteristic, same as skin color, or hetero orientation. So why should the law create a special class for LGBT people? We need EQUALITY, not special protection. Hetero and same sex couples should be looked upon as same, couples who will build their lives together. And because this is a subjective standard, and the CIS officers will look at this with their own biases, the law should create standards for determining whether the relationship is real or not. The same standard for EVERYONE, regardless of their sexual orientation.

No other area of law is rife with discriminatory history as Immigration Law. Lets end this, end country quotas, end special protections for some.

Contact Houston Immigration Lawyer , or Houston Immigration Attorney Annie Banerjee, for more information

Author : Buffer, Inc
Website : http://bufferapp.com/diggdigg –>

The post The LGBT Amendment first appeared on SEONewsWire.net.

Is soup-to-nuts immigration reform a possibility?

admin — Wed, 13 Mar 2013 23:44:12 +0000

Let the bells ring out; Obama says the time for immigration reform is “now.” Well?

It’s no secret that 2012 was a really busy year for all things political. Busy and actually accomplishing something however, are two different things. As we all know, or are likely aware, not much was done with immigration reform, other than the deferred action legislation; a boon for Obama’s electoral results. So what is next? There are millions waiting on the other shoe to drop, to see if the White House takes action, instead of making promises they don’t keep.

This slight tone of skepticism is not to avoid applauding what did get done in 2012 as far as immigration reform. The government did so some stuff, but by and large, it was like trying to put together an enormous puzzle, only to find out pieces were missing.

What was done? Temporary protected status was extended to Haitians, young illegal immigrants got a temporary reprieve and the hot button 287(g) immigration enforcement policy was scaled down. A good start, but it only whetted the appetites of those wanting more, demanding more and deserving more. And not to put too fine a point on it, the little that was done did, in light of how the election turned out, act as a swift kick in the derriere for all political parties. They finally got the message from the electorate that either they all pull together as a team to deal with immigration reform, or they could kiss their party status and support goodbye.

When the election results had a chance to filter through the evident shock of the losing party’s rank and file and top executives, there were rumblings about needing soup to nuts immigration reform, with the emphasis on solving the whole issue in its entirety. While that might be a pipe dream, it does indicate the politicians are “getting it.” The thing is, immigration reform is not just about those who want into the U.S. It is also about those who already live here and want to become legal.

To this point, the government had patched up a few holes here and there, and like trying to plug a leaking dam, when one hole is patched, another rips open. It’s either fix the whole thing or keep trying to float the leaky dinghy. The good news is that there are finally some signs of intelligence in dealing with deportations. In December, ICE revamped their guidelines to only arrest high-priority illegals, individuals with a serious criminal record and repeat rabbits across the border. In fact, ICE has to fill out another new form that spells out why an arrest does meet those rules.

Other patches to the system happened over the year, but still, there was no sign of a complete reform package, as promised. And now? Now, Obama says it is time. Well then, when, what and how? Let’s wait and see what happens next.

Sally Odell – Rifkin & Fox-Isicoff, PA is an immigration lawyer in Miami with immigration law offices in Orlando and Miami Florida. To learn more, visit http://www.rifkinandfoxisicoff.com.

The post Is soup-to-nuts immigration reform a possibility? first appeared on SEONewsWire.net.