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PIERCE'S IMMIGRATION LAW E-NEWSLETTER
“Informative * Innovative * Interesting”

WWW.CPVISA.COM

APRIL 2008, Vol. XV. 

 

PIERCE'S IMMIGRATION LAW E-NEWSLETTER is free.  It is published by the Law Offices of Curtis Pierce, Certified Specialist, Immigration & Nationality law, The State Bar of California Board of Legal Specialization.  523 West Sixth St., Suite 348, Los Angeles, CA 90014.  (213) 327-0044.

The Law Offices of Curtis Pierce abhor spam and applaud the efforts of organizations that seek its elimination. This newsletter is in strict compliance with the federal CAN-SPAM Act regarding unsolicited emails.    If you do not wish to continue receiving this monthly e-newsletter on immigration law, please click "Leave mailing list" on the bottom of this page and you will be IMMEDIATELY removed from this mailing list.

CURTIS PIERCE NAMED CALIFORNIA SUPER LAWYER
FOR THIRD CONSECUTIVE YEAR.  

Curtis Pierce was honored by Super Lawyers Magazine as one of the top 5% of attorneys in California.  Super Lawyers are chosen by their peers and through independent research.  Mr. Pierce has been chosen for the years 2008, 2007, and 2006.

IMMIGRATION ITEMS OF INTEREST    

IMMIGRATION NEWS & INFORMATION

PROCESSING TIMES & CASE STATUS  

 

IMMIGRATION ITEMS OF INTEREST

EB-5 INVESTOR VISAS:  IMMIGRATION THROUGH INVESTMENT

PART I

The following is part I of a series on EB-5 Investor Visas.  The EB-5 offers important flexibility for alien investors with $1,000,000 or, in some cases, $500,000 to invest in a new business in the U.S. 

Congress enacted the EB-5 immigrant visa category for alien investors seeking to enter the U.S. to engage in an active commercial enterprise that will benefit the U.S. economy and create at least 10 full-time jobs.  The investment must be in an active business; it may not be a passive investment such as the stock market.  Further, this new business must employ at least ten people per investor. As a general rule, the immigrant must invest at least $1,000,000, although the amount may be $500,000 if the investment is made in an approved “targeted employment area.”  Both of these options will be discussed in detail in this series. Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.  Of the 10,000 investor visas (i.e., EB-5 visas) available annually, 5,000 are set aside for those who apply under a pilot program involving a United States Citizen and Immigration Service (USCIS) designated “Regional Center”.   


Benefits of an EB-5

If you are an active investor in a U.S. enterprise in which you are investing at least $1 million, or $500,000 in certain targeted areas, and the enterprise creates at least 10 full-time jobs, then you may be able to obtain U.S. Permanent Residency under the EB-5 category.  If an EB-5 application is approved, the alien becomes a conditional permanent resident for 2 years.  In effect, through his investment, the alien and his family can secure a temporary green card.  After 2 years, the person and his family file to remove the condition.  If he has satisfied the conditions, then he and his family will receive a permanent Green Card.


Regional Center Program and Its Benefits:  A Quicker Path to a Green Card

The EB-5 category is an important option for foreign investors to consider because of the unique advantages it affords.  These include the flexibility to live anywhere in the U.S., not just in the geographic area of the investment and the option to be a limited partner not required to be involved in the daily management of the new commercial enterprise.  The required investment is $500,000 or more in USCIS designated Regional Centers.  Further, the EB-5 category provides a quicker path to obtaining a green card.   

This is an option for foreign investors who are looking for an investment that does not require the daily responsibilities of running a company.  

What is a regional center and what makes the Regional Center Program unique?
  1. A regional center is an entity, organization or agency that has been approved as such by the USCIS;
  2. Focuses on a specific geographic area within the United States; and,
  3. Seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.
The designated regional center is located in an area with high unemployment and is one that the USCIS has determined would benefit by indirect employment provided by the investor’s project. 

Foreign investors in a designated regional center must do the following:
  1. Demonstrate that a "qualified investment" is being made in a new commercial enterprise located within an approved Regional Center; and,
  2. Show that 10 or more jobs are actually created either directly or indirectly by the new commercial enterprise through revenues generated from increased exports, improved regional productivity, job creation, or increased domestic capital investment resulting from the pilot program.
What Does It Mean to Indirectly Create New Jobs? 

If you invest in an USCIS approved regional center, you do not need to directly create 10 full-time jobs.  The requirement of creating at least 10 new jobs is met by a showing that as a result of the new enterprise, such jobs will be created directly or indirectly through revenues generated from job creation.  If effect, if you invest in a USCIS approved regional center, only a creation of a few jobs may meet the 10 job requirement because an increase in a few jobs also leads to indirect job gains, the sum of which equals at least 10.

How many USCIS approved regional centers are there in the U.S.?

Currently, there are more than 20 USCIS approved regional centers in the U.S.  If the regional center is also in “targeted employment area” then the investment may be only $500,000. “Targeted employment area” is defined as a rural area or an area that has an unemployment rate at least 150% of the national average. Each state notifies the USCIS which areas constitute targeted employment areas for that state. However, you may also submit your own evidence that the area in which you will invest is a targeted employment area, even if the state has not so designated it.

Summary
If you qualify for EB-5 status, it can be an advantageous category for obtaining U.S. Permanent Residency because you can self-petition, the priority date is usually current, and you can obtain Conditional Resident status upon filing the EB-5 petition and making the initial showing, thereby often avoiding the necessity of obtaining some type of temporary status while waiting for the Permanent Residency Status.

The major disadvantages include the amount of money which must be put at risk, and the number of jobs which must be created.  It is important to note that, as with any investment, the amount the alien invests, can be lost.  Also, the new business venture must create 10 jobs.  If the business fails to accomplish that, Permanent Residency Status will not be granted.

Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible foreign nationals are those who have invested -- or are actively in the process of investing -- the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States. 

Upon filing EB-5 and making the initial showing, the foreign national first obtains Conditional Resident status, and the only at the end of the process does the foreign national obtain Permanent Resident status, if the petition is successful.

Follow our series on the EB-5 Investor Program next month in Pierce's Immigration Law E-Newsletter for more information on this important opportunity for alien investors.

  

 AN AMERICAN IMMIGRATION LAWYER IN PARIS

On May 27, 2008, Immigration Attorney Curtis Pierce is scheduled to present a seminar at the American Business School Paris on investor visas (E-2, EB-5) as well as visas for intracompany transferees (L-1). ABS Paris is located at  12, rue Alexandre Parodi 75010 PARIS.  The seminar will be conducted in French and begin at 7:00 P.M. All those wishing to attend are requested to RSVP by emailing Mr. Pierce at curtis.pierce@cpvisa.com.  

IMMIGRATION NEWS & INFORMATION  

SUPPLEMENTAL PROPOSED RULEMAKING FOR THE NO-MATCH RULE.

Of great concern to employers is the U.S. Department of Homeland Security's (DHS) No-Match Rule.  The purpose of the No-Match Rule is to ensure that employers are not employing unauthorized workers.  The original No-Match Rule was issued by the DHS on June 14, 2006 and the final rule was issued on August 15, 2007.  The Supplemental Proposed Rulemaking was released on March 21, 2008.  DHS is requesting public comment on the Supplemental Proposed Rulemaking for 30 days after its publication in the Federal Register.

Enforcement is the obvious concern of the No-Match Rule.  According to DHS's March 21, 2008 released statement by Homeland Security Secretary Michael Chertoff, "We are serious about immigration enforcement. The No-Match Rule is an important tool for cracking down on illegal hiring practices while providing honest employers with the guidance they need." 

DHS maintains that the No-Match Rule clarifies the obligations and provides more guidelines for employers to avoid hiring unauthorized workers.  According to the DHS's release, the rule does not create new legal obligations for businesses. It simply outlines clear steps an employer may take in response to receiving a letter from the Social Security Administration indicating that an employee’s name does not match the social security number on file. If the business follows the guidance in the No-Match Rule, comprising various actions to rectify the no-match within 90 days of receiving the letter, it will have a safe harbor from the no-match letter being used against them in an enforcement action.

Opponents of the No-Match Rule point out that the rule is misleading because employers may believe that they have no choice but to fire employees who are unable to resolve a records discrepancy within 90 days.  President of the American Immigration Lawyers Association, Kathleen Campbell Walker criticized the No-Match Rule, "The Social Security Administration is charged with administering social security benefits, and is not structured or oriented to be an immigration enforcement tool. This misguided attempt to fit the square peg of immigration enforcement into the round hole of social security benefits is a guarantee of increased discrimination and erroneous terminations".  AILA Info Net Doc No. 08032140. 

In essence, the Supplemental Proposed Rulemaking for the No-Match Rule was for the purpose of clarification.  No substantial changes are contained in it.  To read the entire text of the Supplemental Proposed Rulemaking for the No-Match Rule go to:  http://www.dhs.gov/xlibrary/assets/press_nomatch-snprm.pdf

CHANGES TO FY2009 H-1B PROGRAM:  INTERIM FINAL RULE PROHIBITS EMPLOYERS FROM FILING MORE THAN ONE H-1B PETITION IN A SINGLE YEAR.

The USCIS announced more limitations for employers seeking to employ engineers, architects, and high tech workers.  On March 19, 2008 the U.S. Citizenship and Immigration Services (USCIS) issued an interim final rule that prohibits employers from filing more than one petition for an H-1B visa for a single employee in a fiscal year.   This rule ensures that companies filing H-1B petitions that are subject to numerical limits will have an equal chance to receive consideration for an H-1B worker.  

The interim final rule will become effective upon publication in the Federal Register.

Background

U.S. businesses utilize the H-1B program to employ foreign workers in fields that require theoretical and practical expertise in specialized occupations requiring a bachelor’s degree or higher (or its equivalent), such as scientists, engineers, or computer programmers.  By law, USCIS cannot grant more than 65,000 new H-1B visas per fiscal year, subject to certain limited exceptions.  The first 20,000 H-1B petitions filed on behalf of aliens with U.S.-earned masters’ or higher degrees are exempt from the H-1B numerical limitation of 65,000.  USCIS administers a separate “20,000 cap” for such exempt petitions. 

USCIS will use a random selection process for all the master’s degree or higher cap-exempt cases received on the first five business days available for filing H-1B petitions for a given fiscal year, if necessary.   In the event that the U.S. master’s exemption limit is reached on the first five business days, USCIS will first conduct the random selection process for such petitions before it begins random selection for petitions to be counted toward the 65,000 cap.  Petitions eligible for the U.S. master’s degree or higher exemption that are not selected to receive an H-1B visa number from the 20,000 cap will be considered with the other H-1B petitions in the random selection for the 65,000 cap filed on the first five business days. 

Cap-Exempt Petition

USCIS also notes that petitions for new H-1B employment are exempt from the cap if the aliens will work at the defined institutions of higher education or a related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations. Thus, employers may continue to file petitions for these exempt H-1B categories regardless of H-1B visa number availability.

Cap Procedures

USCIS will use the following process for handling H-1B petitions subject to the FY 2009 cap:

  • April 1, 2008 is the first day petitions may be received for an October 1, 2008 start date.  When it is determined that the numerical limitations have been reached, USCIS employs a random selection process to choose among the petitions received on the “final receipt date.”  If the “final receipt date” falls within any one of the first five business days, the random selection will be run using all the cap-subject petitions received on those five days. 
  • USCIS will reject and return the filing fee(s) for all cap-subject H-1B petitions that are not selected in the process described above. The new rule clarifies that this provision only applies to petitions that indicate they are cap-subject.  If a petitioner claims to be exempt from the cap and is later found to be subject to the cap, USCIS will not refund or return fees and that petition will be denied if no cap numbers are available.
  • Petitions for the FY 2009 cap received before April 1, 2008 will be rejected.  A petition is considered received when USCIS takes possession of and stamps the petition as received, not by the date the petition is postmarked.  

In order to fully utilize its data entry and initial processing capacity, USCIS may choose to distribute filings received at one service center to other service centers for data entry.   In the event that USCIS exercises this option, petitioners may receive receipt notices or other correspondence from a service center other than the one to which their H-1B petition was mailed. 

Premium Processing

Cap-subject petitions requesting premium processing that are received on the “final receipt date,” or during the initial five business day period mentioned above, cannot be processed until after the random selection has been completed.  The premium processing 15-day adjudication period (processing deadline) will not begin until such time as USCIS has completed the random selection process.  

The number of master’s exemption cases received cannot be determined until all the petitions have been sorted and counted.  The same holds true for the master’s exemption premium processing cases.   In accordance with established guidelines, USCIS will refund premium processing fees for any filings for which it cannot meet processing deadlines.  Even if USCIS issues a refund of the premium processing fee, it will continue to provide premium processing for these filings until completion.

Current H-1B Workers

Petitions filed on behalf of current H-1B workers do not count towards the congressionally mandated H-1B cap.    Accordingly, this rule does not affect USCIS processing of petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States;
  • Change the terms of employment for current H-1B workers;
  • Allow current H-1B workers to change from one cap-subject position to a different cap-subject position with a different employer; or
  • Allow current H-1B workers to work concurrently in a second H-1B position.

Restricting the number of petitions an employer may file in a fiscal year to only one may be intended to promote fairness and equity in the H-1B program.  However, in reality, it imposes more limitations on employers struggling to meet the needs of the marketplace.  The cap of 65,000 H-1B visas is far too low.  It is expected that the cap will be reached within days of the receipt of petitions. 

The answer to the H-1B problem is not to limit employers to one petition per fiscal year.  It is for Congress to mandate H-1B visas per year. 

 

 

 Attorney General Michael B. Mukasey Announces
Higher Civil Fines Against Employers for Immigration Violations

Attorney General Michael B. Mukasey recently announced higher civil fines against employers who violate federal immigration laws. The announcement was made in a joint briefing with Secretary of Homeland Security Michael Chertoff about newly enacted border security reforms put in place by the Departments of Justice and Homeland Security. Under the new rule, which was approved by Attorney General Mukasey and Secretary Chertoff, civil fines will increase by as much as $5,000. The new rule will take effect on March 27, 2008.

Under the Immigration and Nationality Act, employers who violate employment eligibility requirements are subject to civil monetary penalties. Employers may be fined under the Act for knowingly employing unauthorized aliens or for other violations, including failure to comply with the requirements relating to employment eligibility verification forms, wrongful discrimination against job applicants or employees on the basis of nationality or citizenship, and immigration-related document fraud. For each of these violations, the employer has the right to a hearing before an administrative law judge in the Executive Office for Immigration Review.

Under the new rule and applicable law, civil penalties for violations of the Immigration and Nationality Act are adjusted for inflation. Because these penalties were last adjusted in 1999, the average adjustment is approximately 25 percent. Under the specific rounding mechanism of the law, the minimum penalty for knowing employment of an unauthorized alien increases by $100, from $275 to $375. Some of the higher civil penalties are increased by $1,000; for example, the maximum penalty for a first violation increases from $2,200 to $3,200. The biggest increase under the rounding mechanism raises the maximum civil penalty for multiple violations from the current $11,000 to $16,000. These penalties are assessed on a per-alien basis; thus, if an employer knowingly employed, or continued to employ, five unauthorized aliens, that could result in five fines.

The announcement follows a series of reforms, announced by the Administration in August 2007, to be made within the boundaries of existing law to secure our borders, improve interior and worksite enforcement, and improve the current immigration system. In addition to the higher civil penalties, measures announced and discussed at today’s briefing included expanded prosecutions and removals of criminal aliens, a streamlining of existing guest worker programs, and the Southwest Border Enforcement Initiative.

The Southwest Border Enforcement Initiative includes a $100 million request in new Justice Department funding for FY 2009 for new hiring and resources to better enable the United States to combat the flow of illegal immigration, drugs, and weapons across the Southwest Border, and to arrest, detain, prosecute, and incarcerate violent criminals, drug offenders, and immigration violators along the Southwest Border. More information on this funding request can be found at http://www.usdoj.gov/opa/pr/2008/January/08_opa_079.html and http://www.usdoj.gov/opa/pr/2008/January/08_opa_080.html.

###

08-134

PROCESSING TIMES & CASE STATUS 

 

Processing Times

 

·  To view processing times and your case status, click one of the links below to connect to the correct U.S. Citizenship and Immigration Services information page.

·  California Service Center ·  Nebraska Service Center ·  Texas Service Center ·  Vermont Service Center 

 


Case Status Service Online

If you have an application receipt number, you can use the Internet to check the status of your case with the USCIS.

https://egov.uscis.gov/cris/jsps/index.jsp

 


 

The IMMIGRATION LAW E-NEWSLETTER is free. 

It is published by the Law Offices of Curtis Pierce, 213-327-0044.

 

Disclaimer:  The information contained in this newsletter is analysis and commentary of a general nature.  Nothing in this newsletter applies to a specific case nor does it constitute legal advice. 

 

Schedule appointment:  For legal advice on your case, please schedule an appointment with Curtis Pierce, Certified Specialist, Immigration & Nationality Law, The State Bar of California Board of Legal Specialization.

 

“The only title in our democracy superior to that of President (is) the title of citizen”.

Former Supreme Court Justice Louis Brandeis.   (In the case Ng Fung Ho v. White, 259 U.S. 276, 284 (1922), Justice Brandeis wrote that deportation can deprive an individual of "life, or of all that makes life worth living.")


In the words of President John F. Kennedy, the United States is a "nation of immigrants." 

 

 

 

 

IMMIGRATION LAW E-NEWSLETTER

 

 

curtis f.pierce

Attorney At Law

certified specialist, immigration & nationality law

the state bar of california board of legal specialization

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PIERCE'S IMMIGRATION LAW E-NEWSLETTER
“Informative * Innovative * Interesting”

WWW.CPVISA.COM

MARCH 2008, Vol. XIV. 

 

PIERCE'S IMMIGRATION LAW E-NEWSLETTER is free.  It is published by the Law Offices of Curtis Pierce, Certified Specialist, Immigration & Nationality law, The State Bar of California Board of Legal Specialization.  523 West Sixth St., Suite 348, Los Angeles, CA 90014.  (213) 327-0044.

The Law Offices of Curtis Pierce abhor spam and applaud the efforts of organizations that seek its elimination. This newsletter is in strict compliance with the federal CAN-SPAM Act regarding unsolicited emails.    If you do not wish to continue receiving this monthly e-newsletter on immigration law, please click "Leave mailing list" on the bottom of this page and you will be IMMEDIATELY removed from this mailing list.

CURTIS PIERCE NAMED CALIFORNIA SUPER LAWYER
FOR THIRD CONSECUTIVE YEAR.  

Curtis Pierce was honored by Super Lawyers Magazine as one of the top 5% of attorneys in California.  Super Lawyers are chosen by their peers and through independent research.  Mr. Pierce has been chosen for the years 2008, 2007, and 2006.

IMMIGRATION ITEMS OF INTEREST    

IMMIGRATION NEWS & INFORMATION

PROCESSING TIMES & CASE STATUS

 

IMMIGRATION ITEMS OF INTEREST

 

H-2B CAP FOR SECOND HALF OF FISCAL YEAR 2008 HAS BEEN REACHED BY JANUARY 3, 2008:  DEJA VU ALL OVER AGAIN 

 

 

On January 3, 2008, the Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the second half of Fiscal Year 2008. 

 

What is the H-2B Visa? 

The H2-B visa is a nonimmigrant working visa which allows foreign nationals to enter the U.S. temporarily and engage in non-agricultural work.  A ski resort in Colorado or an amusement park in Florida exemplifies U.S. businesses that may need seasonal workers with H-2B visas.  The H-2B supplies temporary workers to meet recurring seasonal needs, intermittent needs,  peak-load needs, or a one time occurrence.  In addition to the hospitality industry, landscaping and construction are industries dependent on H-2B workers.

 

Disconnection Between Needs of the U.S. Labor Market and Availability of H Visas 

 

It seems a matter of course that the Congressional mandate for H visas falls very short of the needs of the U.S. economy.  Kathleen Campbell Walker, President of the American Immigration Lawyers Association (AILA), described the situation with strong language:  “This continuing failure to connect the dots between meeting valid labor needs and our immigration laws is inexcusable.  Placing America at a competitive disadvantage is unacceptable....Maxing out on a cap four months before the applicable period even begins shows how little relation there is between immigration policy and the needs of the economy.”  Walker added, “This issue of whether the government should allow more seasonal workers to be granted visas is a no brainer that should have been solved by now. An increase in this cap, tied to documented labor needs, would only serve to help make legality the norm and enable U.S. employers to hire needed workers. But Congress is unfortunately unable to muster the political gumption to proceed with even the most basic solutions. Just last month, Congress passed on a chance to add a one-year fix to the H-2B nonimmigrant visa program to the $517 billion omnibus spending bill that passed the House.”

 

Selection Process for Petitions
According to the USCIS statement, USCIS will reject petitions for new H-2B workers seeking employment start dates prior to October 1, 2008, that arrive after January 2, 2008. USCIS will apply a computer-generated random selection process to all petitions which are subject to the cap and were received on January 2, 2008.

 

 

 

 

IMMIGRATION NEWS & INFORMATION  

 

H-1Bs ARE SUBJECT TO CAP.  NOW IS THE TIME TO PREPARE TO APPLY FOR FISCAL YEAR 2009.

 

 

Last year, the quota for cap subject H-1Bs was reached on the first day of filing.   It is important to begin the application procedure in a timely manner for FY 2009.  Congress allocates the number of available H-1Bs.  Current laws limit the number to 65,000.

 

The H-1B is a non-immigrant visa that enables professionals in "specialty occupations", i.e., those that require a minimum of a baccalaureate, to work in the United States. A U.S. degree or acceptable foreign alternative is required.

 

In some cases, work experience and education may be combined to meet the requirements. Non-graduates may be employed on an H-1B visa where they can claim to be “graduate equivalent” with twelve or more years work experience in the occupation (three years of relevant work experience may substitute for one year of education).

 

We at the Law Offices of Curtis Pierce strongly urge employers who are seeking to employ a foreign national on an H-1B visa for fiscal year (FY) 2009 to begin preparation early so as to be able to file visa petitions with the U.S. Citizenship and Immigration Services (USCIS) on April 1, 2008.

The petitions are submitted by employers based on their need for non-U.S. resident employees in “specialty occupations”. The H-1B non-immigrant work visa may be issued to applicants seeking temporary work in a "specialty occupation" which requires the skills of a professional such as scientists, engineers, information technology or other computer professionals, engineers, financial analysts, management consultants, architects, system analysts, journalists, lawyers, market research analysts, teachers in elementary or secondary schools or colleges, accountants, nurses, physicians, surgeons, and dentists. This list is by no means exclusive.

 


 DHS PROPOSES CHANGES TO H-2A TEMPORARY AGRICULTURAL WORKERS PROGRAM. 

 

On February 8, 2008, U.S. Department of Homeland Security (DHS) announced a series of proposed rule modifications to provide employers with a streamlined hiring process for temporary and seasonal agricultural workers under the H-2A program. 

"These proposed changes are designed to provide an efficient and secure program for farmers to legally fulfill their need for agricultural workers within the law rather than outside the law,” said Homeland Security Secretary Michael Chertoff.  “This common-sense simplification of H-2A will provide farm employers with a more orderly and timely flow of legal workers, while continuing to protect the rights of laborers and promoting legal and secure methods for determining who is coming into the country.”

The proposed modifications to the rule reduce current limitations and certain delays faced by U.S. employers and relax the current limitations on their ability to petition for multiple, unnamed agricultural workers. It extends from 10 to 30 days the time a temporary agricultural worker may remain in the U.S. after the end of employment. The rule also reduces from six to three months the time a temporary agricultural worker must wait outside the U.S. before he or she is eligible reenter the country under H-2A status. Additionally, under the proposed rule H-2A workers who are changing from one H-2A employer to another may begin work with the new petitioning employer before the change is approved by USCIS, provided the new employer participates in USCIS’ E-Verify program. 

To better ensure the integrity of the H-2A program, and encourage the lawful employment of foreign temporary and seasonal agricultural workers, the proposed rule would:

  • Require an employer attestation regarding the scope of the H-2A employment and the use of recruiters to locate H-2A workers;
  • Crack down on employers and recruiters who impose fees on prospective H-2A workers;
  • Eliminate the ability of employers to file an H-2A petition without an approved temporary labor certification; and
  • Prohibit the approval of H-2A petitions for nationals of countries determined to be consistently refusing or unreasonably delaying repatriation of their nationals.

The rule also proposes the establishment of a land-border exit system pilot program. Under the program, H-2A visa holders admitted through a port of entry participating in the program would also depart through a port of entry participating in the program and present upon departure designated biographical information, possibly including biometric identifiers. 

 

 

E-VERIFY'S NEW PHOTO TOOL:  BIOMETRIC VERIFICATION HAS BEGUN.

 

E-Verify (formerly known as the Basic Pilot/Employment Eligibility Verification Program) is an Internet based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees.

E-Verify is free and voluntary and is the best means available for determining employment eligibility of new hires and the validity of their Social Security Numbers.

 

Biometric Verification Has Begun with the Advent of the Photo Tool

The future is now.  E-Verify's new Photo Screening Tool is the beginning of biometric verification within the E-Verify system. This additional feature will be the first step in giving employers the tools they need to detect identity theft in the employment eligibility process.   The Photo Screening Tool feature allows an employer to check the photo on his or her new hire's Employment Authorization Document (EAD) or Permanent Resident Card ("Green Card") against the 14.8 million images stored in DHS immigration databases.


 

Can E-Verify Determine the Immigration Status of an Employee?

No.  E-Verify is designed to verify the employment eligibility not the immigration status of an employee.

E-Verify is a means for employers to electronically verify the employment eligibility of their newly hired employees. The goal of E-Verify is to eliminate Social Security mismatch letters, improve the accuracy of wage and tax reporting, protect jobs for authorized U.S. workers, and help U.S. employers maintain a legal workforce.

You can register for E-Verify at https://www.vis-dhs.com/EmployerRegistration.

 

When Can An Employer Initiate a Search on E-Verify?

The earliest the employer may initiate a query is after an  individual accepts an offer of employment and after the employee and employer complete the Form I-9. The employer must initiate the query no later than the end of three business days after the new hire's actual start date.

 

An employer may initiate the query before a new hire's actual start date; however, it may not pre-screen applicants and may not delay training or an actual start date based upon a tentative non-confirmation or a delay in the receipt of a confirmation of employment authorization. An employee should not face any adverse employment consequences based upon an employer's use of E-Verify unless a query results in a final non-confirmation. In addition, an employer cannot use an employment authorization response to speed up an employee's start date. This would be unfair treatment to use E-Verify results to accelerate employment for this employee compared to another who may have received a tentative non-confirmation.

Employers must verify employees in a non-discriminatory manner and may not schedule the timing of queries based upon the new hire's national origin, citizenship status, race, or other characteristic that is prohibited by U.S. law.

How Does E-Verify Affect Me As An Employee?

Federal law requires that all employers verify the identity and employment eligibility of all new employees (including U.S. citizens) within three days of hire.

 

Employees are required to complete the Form I-9, and employees must provide employers with documentation establishing both identity and eligibility to work in the United States.

 

The Department of Homeland Security (DHS) and the Social Security Administration (SSA) have established an electronic system called E-Verify to assist employers further in verifying the employment eligibility of all newly-hired employees. In short, through E-Verify, employers send information about you from your Form I-9 to SSA and DHS to ensure that you are authorized to work in the United States and that your name, Social Security Number, date of birth, citizenship status, and any other non-citizen information you choose to provide your employer on the Form I-9 match government records. If your employer uses E-Verify, you as an employee have certain rights and responsibilities.

 

 

 

 

 

 

 

#08-134:02-22-08 Attorney General Michael B. Mukasey

 

FOR IMMEDIATE RELEASE
FRIDAY, FEBRUARY 22, 2008
http://www.usdoj.gov/
AG
(202) 514-2007
TDD (202) 514-1888

 

Attorney General Michael B. Mukasey Announces
Higher Civil Fines Against Employers for Immigration Violations

WASHINGTON—Attorney General Michael B. Mukasey today announced higher civil fines against employers who violate federal immigration laws. The announcement was made in a joint briefing today with Secretary of Homeland Security Michael Chertoff about newly enacted border security reforms put in place by the Departments of Justice and Homeland Security. Under the new rule, which was approved by Attorney General Mukasey and Secretary Chertoff, civil fines will increase by as much as $5,000. The new rule will take effect on March 27, 2008, and will be published in the Federal Register early next week.

Under the Immigration and Nationality Act, employers who violate employment eligibility requirements are subject to civil monetary penalties. Employers may be fined under the Act for knowingly employing unauthorized aliens or for other violations, including failure to comply with the requirements relating to employment eligibility verification forms, wrongful discrimination against job applicants or employees on the basis of nationality or citizenship, and immigration-related document fraud. For each of these violations, the employer has the right to a hearing before an administrative law judge in the Executive Office for Immigration Review.

Under the new rule and applicable law, civil penalties for violations of the Immigration and Nationality Act are adjusted for inflation. Because these penalties were last adjusted in 1999, the average adjustment is approximately 25 percent. Under the specific rounding mechanism of the law, the minimum penalty for knowing employment of an unauthorized alien increases by $100, from $275 to $375. Some of the higher civil penalties are increased by $1,000; for example, the maximum penalty for a first violation increases from $2,200 to $3,200. The biggest increase under the rounding mechanism raises the maximum civil penalty for multiple violations from the current $11,000 to $16,000. These penalties are assessed on a per-alien basis; thus, if an employer knowingly employed, or continued to employ, five unauthorized aliens, that could result in five fines.

Today’s announcement follows a series of reforms, announced by the Administration in August 2007, to be made within the boundaries of existing law to secure our borders, improve interior and worksite enforcement, and improve the current immigration system. In addition to the higher civil penalties, measures announced and discussed at today’s briefing included expanded prosecutions and removals of criminal aliens, a streamlining of existing guest worker programs, and the Southwest Border Enforcement Initiative.

The Southwest Border Enforcement Initiative includes a $100 million request in new Justice Department funding for FY 2009 for new hiring and resources to better enable the United States to combat the flow of illegal immigration, drugs, and weapons across the Southwest Border, and to arrest, detain, prosecute, and incarcerate violent criminals, drug offenders, and immigration violators along the Southwest Border. More information on this funding request can be found at http://www.usdoj.gov/opa/pr/2008/January/08_opa_079.html and http://www.usdoj.gov/opa/pr/2008/January/08_opa_080.html.

###

08-134

 

   

 

 

PROCESSING TIMES & CASE STATUS  

 

Processing Times

·  To view processing times and your case status, click one of the links below to connect to the correct U.S. Citizenship and Immigration Services information page.

·  California Service Center ·  Nebraska Service Center ·  Texas Service Center ·  Vermont Service Center 

 


Case Status Service Online

If you have an application receipt number, you can use the Internet to check the status of your case with the USCIS.

https://egov.uscis.gov/cris/jsps/index.jsp

 


 

The IMMIGRATION LAW E-NEWSLETTER is free. 

It is published by the Law Offices of Curtis Pierce, 213-327-0044.

 

Disclaimer:  The information contained in this newsletter is analysis and commentary of a general nature.  Nothing in this newsletter applies to a specific case nor does it constitute legal advice. 

 

Schedule appointment:  For legal advice on your case, please schedule an appointment with Curtis Pierce, Certified Specialist, Immigration & Nationality Law, The State Bar of California Board of Legal Specialization.

 

“The only title in our democracy superior to that of President (is) the title of citizen”.

Former Supreme Court Justice Louis Brandeis.   (In the case Ng Fung Ho v. White, 259 U.S. 276, 284 (1922), Justice Brandeis wrote that deportation can deprive an individual of "life, or of all that makes life worth living.")


In the words of President John F. Kennedy, the United States is a "nation of immigrants." 

 

 

 

 

IMMIGRATION LAW E-NEWSLETTER

 

 

curtis f.pierce

Attorney At Law

certified specialist, immigration & nationality law

the state bar of california board of legal specialization

THE PACIFIC CENTER

523 WEST SIXTH STREET, SUITE 348

LOS ANGELES, CALIFORNIA 90014

tel (213) 327-0044
FAX  (213) 327-0066

 

email: curtis.pierce@cpvisa.com
website:  http://www.cpvisa.com/

 

 

 

 

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PIERCE'S IMMIGRATION LAW E-NEWSLETTER
“Informative * Innovative * Interesting”
WWW.CPVISA.COM

FEBRUARY 2008, Vol. XIII. 

PIERCE'S IMMIGRATION LAW E-NEWSLETTER is free.  It is published by the Law Offices of Curtis Pierce, Certified Specialist, Immigration & Nationality law, The State Bar of California Board of Legal Specialization.  523 West Sixth St., Suite 348, Los Angeles, CA 90014.  (213) 327-0044.

CURTIS PIERCE NAMED CALIFORNIA SUPER LAWYER
FOR THIRD CONSECUTIVE YEAR.  

Curtis Pierce was honored by Super Lawyers Magazine as one of the top 5% of attorneys in California.  Super Lawyers are chosen by their peers and through independent research.  Mr. Pierce has been chosen for the years 2008, 2007, and 2006.

IMMIGRATION ITEMS OF INTEREST    

IMMIGRATION NEWS & INFORMATION

PROCESSING TIMES & CASE STATUS

 

IMMIGRATION ITEMS OF INTEREST

 

IMMIGRATION AND THE 2008 PRESIDENTIAL CAMPAIGN 

Immigration continues to be a hot topic in both the Republican and Democratic presidential primaries.  How well do you know the positions of the presidential candidates on immigration reform?  Which candidates support family reunification?  Which candidates supported the DREAM Act?  Has the spirit of California Proposition 187 been resurrected in the current campaign?  (California Proposition 187 was a 1994 ballot initiative designed to deny undocumented immigrants social services, health care, and public education.)  Chances are if you are reading Pierce's Immigration Law E-Newsletter, you have at least a passing interest in the issue of immigration reform.  Learn more about the positions of the remaining candidates.

 

Governor Mike Huckabee

Republican candidate Mike Huckabee confused the facts when he related illegal immigration to the assassination of former Pakistani Prime Minister Benazir Bhutto.  Former Arkansas Governor Huckabee mistakenly stated that Pakistani immigrants are the largest group of illegal immigrants in the U.S. after Mexicans.  On December 28, 2007, ABC News' Kevin Chupka reported, during a press conference Thursday night in West Des Moines, Iowa, Governor Huckabee suggested that after the assassination of former Pakistani Prime Minister Benazir Bhutto, the United States should, "have an immediate, very clear monitoring of our border, and particularly to make sure, if there's any unusual activity of Pakistanis coming into the country."

 

 

Huckabee's "The Secure America Plan"

Governor Mike Huckabee’s written position on immigration can be found on his website.  His focus is clearly on enforcement and border security detailed in his plan called “The Secure America Plan”.   The overview of Mike Huckabee’s nine point strategy for immigration enforcement and border security includes:

  1. Build the Fence
  2. Increase Border Patrol
  3. Prevent Amnesty
  4. Enforce the Law on Employers
  5. Establish an Economic Border
  6. Empower Local Authorities
  7. Ensure Document Security
  8. Discourage Dual Citizenship
  9. Modernize the Process the Legal Immigration

Opposition to Family Fourth Preference 

Modernizing the process of legal immigration for Mike Huckabee includes eliminating the admission category for adult brothers and sisters of U.S. citizens.  This means limiting family based immigration by cutting the category of family fourth preference.  For unskilled workers from certain countries, family based immigration may be the only way they have of obtaining legal status in the U.S. 

(See www.cpvisa.com and go to family based immigration for more information).

120 DAYS TO REGISTER BEFORE RETURNING TO HOME COUNTRIES

Governor Huckabee expects that the 12 million undocumented workers who are currently in the U.S. will leave the country voluntarily and return to their native countries.   He plans on providing illegal immigrants a 120-day window to register with the Bureau of Citizenship and Immigration Services before they leave the country.  Those who register and return to their home country will face no penalty if they later apply to immigrate. 

Governor Huckabee's Quotes From His Campaign Website:

I oppose and will never allow amnesty.  I passionately rejected the amnesty bill that President Bush and Senator McCain tried to ram through Congress this summer after secret meeting of an under the radar cabal of amnesty-loving senators. 

I opposed the misnamed DREAM Act, which was a nightmare because it would have put us on the slippery slope of amnesty for all.  Because once we open that door even a crack, we'll never get it closed again.

I oppose and will not tolerate sanctuaries for illegals.  The federal government must enforce our existing laws by cracking down on rogue cities and town that willfully undermine our economy and our homeland security by giving benefits and protection to illegals.  The consequences for illegal entry must be swift, certain, and uniform throughout our country.

I oppose giving driver's licenses to illegals, such as governor Spitzer tried to do in New York.  I support legislation that would prevent the states from granting this privilege to illegals.  In 2005, I signed legislation that prevents illegals in Arkansas from getting driver's licenses.

Points that benefit potential immigrants in Huckabee’s plan include increasing visas for highly skilled and highly educated applicants.  He plans on providing illegal immigrants a 120-day window to register with the Bureau of Citizenship and Immigration Services before they leave the country.  Those who register and return to their home country will face no penalty if they later apply to immigrate.   

 

In practice, Governor Huckabee has made sympathetic gestures toward illegal immigrants.  He has advocated prenatal care for pregnant immigrants and has proposed a scholarship program for illegal immigrants who graduate from Arkansas high schools (Arkansas News Bureau). 

Senator John McCain

Senator John McCain’s (R-AZ) support of a temporary worker program for the 12 million illegal immigrants in the U.S. angered many conservative voters and put at risk his bid for the Republican presidential nomination.   The guest worker program was one of the most controversial elements of the failed comprehensive immigration reform bill supported by President Bush and a bipartisan group of lawmakers in the House and Senate.

Comprehensive Immigration Reform

The Arizona Republican now says that, in the wake of last summer's defeat of comprehensive immigration reform, he has "gotten the message" that the border must be secured before the status of illegal aliens already in the United States can be dealt with. 

Border Security 

Border security is a major component of Senator McCain’s plan for solving U.S. immigration problems.  His official statement on the John McCain for President Website puts the responsibility on the federal government for failing to secure the border.  

Senator McCain was a cosponsor of S. 774, the Dream Act, providing in-state tuition for undocumented aliens. Remember, Governor Huckabee opposes the DREAM ACT.  In 2006, Senator McCain voted for an amendment to S. 2611 offered by Senator Arlen Specter to require consultation with the Mexican government concerning the construction of fencing along the U.S.-Mexican border.  Last year, Mr. McCain voted against an amendment (Senate Amendment 1184) introduced by Sen. John Cornyn, Texas Republican, that would have permanently barred gang members, terrorists, sex offenders, alien absconders, aliens convicted of domestic violence and aliens convicted of at least three DUIs from the United States. The Cornyn Amendment was rejected on a 51-46 vote.

Governor Mitt Romney

"We need to make America more attractive for legal immigrants -- for citizens -- and less attractive for illegal immigrants. I want to see more immigration in our country, but more legal immigration and less illegal immigration." - Governor Romney, AP, June 23, 2006

Further, Romney posted on his campaign website that immigration has been an important part of our nation's success. The current system, however, puts up a concrete wall to the best and brightest, yet those without skill or education are able to walk across the border. We must reform the current immigration laws so we can secure our borders, implement a mandatory biometrically enabled, tamper proof documentation and employment verification system, and increase legal immigration into America.

ENFORCEMENT:

In December 2006, Governor Romney Signed A Memorandum Of Agreement With The Federal Government To Allow State Troopers To Enforce Federal Immigration Laws. "Governor Mitt Romney and U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary Julie L. Myers today announced the signing of a Memorandum of Agreement (MOA) between the Commonwealth of Massachusetts and ICE, which will give specially trained Massachusetts State Troopers the authority to administer and enforce federal immigration laws in the Commonwealth. " (Office Of The Governor, "Governor Romney, ICE Sign Immigration Enforcement Pact," Press Release, 12/13/06)

IN-STATE TUITION:

Governor Romney Vetoed In-State Tuition For Illegal Immigrants.

"Romney also vetoed a number of outside sections of the budget, including:...A plan that would have permitted illegal aliens to pay the same in-state tuition rate at our public colleges and universities as Massachusetts citizens." (Office Of The Governor, "Romney Signs $22.402B Fiscal Year 2005 'No New Tax' Budget," Press Release, 6/25/04)

ENGLISH IMMERSION:

Governor Romney Fought Efforts To Weaken Massachusetts' English Immersion Law. "But yesterday, Romney press secretary Shawn Feddeman said the governor will fight all attempts to slow the implementation of English immersion, known on the ballot as Question 2. ... 'He will veto anything that weakens or delays English immersion,' Feddeman said." (Anand Vaishnav, "Romney Firm On English Timetable," The Boston Globe, 1/24/03)

- In June 2002, Mitt Romney Said "The Approach Of English Immersion Is One That I Support. ... I Would Make English Immersion The Educational Norm For All Non-Native English Speakers."

(John McElhenny, "Mitt Romney Endorses 'English Immersion' Education Plan," The Associated Press, 6/4/02)

DRIVER'S LICENSES:

Governor Romney Opposed Efforts To Give Driver's Licenses To Illegal Immigrants. "'Those who are here illegally should not receive tacit support from our government that gives an indication of legitimacy,' the governor said, echoing arguments that opponents have voiced in the Commonwealth and in other states considering similar license measures. 'If they are here illegally, they should not get driver's licenses,' he said." (Scott S. Greenberger, "Romney Stand Dims Chances Of License For Undocumented," The Boston Globe, 10/28/03)

Governor Romney Would Take Action To Secure The Borders Through Physical And Virtual Fences.

Governor Romney: "In my view, there are several principles that need to be part of our immigration plan. First, to secure the border..." (Governor Mitt Romney, Interview On The Northern Alliance Radio Network, 1/27/07)

Governor Romney: "You've got to have a wall or fence or electronic surveillance. You have got to make sure we secure our border, that's first." (Fox News' "The O'Reilly Factor," 9/19/06)

Governor Romney Opposes The McCain-Kennedy Bill And Any Form Of Amnesty For Illegal Immigrants.

Governor Romney: "McCain-Kennedy Isn't The Answer." "Another aspect of American sovereignty is the security of our borders. The current system is a virtual concrete wall against those who have skill and education, but it's a wide-open walk across the border for those that have neither. McCain-Kennedy isn't the answer. As governor, I took a very different approach. I authorized our state police to enforce federal immigration laws." (Governor Mitt Romney, Remarks At The Conservative Political Action Conference, Washington, D.C., 3/2/07)

Congressman Ron Paul 

Opposition to Automatic Citizenship by Birth for the Children of the Undocumented

Congressman Paul takes a notably tough position on children born to undocumented aliens.  He refers to them as "anchor babies" and opposes their automatic citizenship by birth in the U.S.  The following quotes are from his campaign website.  The anchor baby phenomenon has also been very problematic.  Simply being born on US soil to illegal immigrant parents should not trigger automatic citizenship.  This encourages many dangerous behaviors and there are many unintended consequences as a result of this blanket policy.  I am against amnesty and I have introduced an amendment to the Constitution (H.J. Res 46) which will end this form of amnesty.

Social and Financial Implements of Illegal Immigration 

Congressman Paul's comments on this subject are also quoted from his campaign website.  We have security issues at home and our resources are running thin.  Our education system is stretched, and immigration accounts for virtually all the national increase in public school enrollment in the last 2 decades.  There is a worker present in 78% of immigrant households using at least one major welfare program, according to the same study.  It’s no surprise then that often times these immigrants can afford to work for lower wages.  They are subsidized by our government to do so.

Right now we are subsidizing a lot of illegal immigration with our robust social programs and it is an outrage that instead of coming to the United States as a land of opportunity, many come for the security guaranteed by government forced transfer payments through our welfare system.  I have opposed giving federal assistance to illegal immigrants and have introduced legislation that ends this practice.  In the last major House-passed immigration bill I attempted to introduce an amendment that would make illegal immigrants ineligible for any federal assistance. Unfortunately, that amendment was ruled "not relevant" to immigration reform.  I believe it is very relevant to taxpayers, however, who are being taken advantage of through the welfare system.  Illegal immigrants should never be eligible for public schooling, social security checks, welfare checks, free healthcare, food stamps, or any other form government assistance.

Border Security 

I (Congressman Paul) have also supported the strengthening our border and increasing the number of border patrol agents. It is an outrage that our best trained border guards are sent to Iraq instead of guarding our borders.  For national security, we need to give more attention to our own border which is being illegally breached every day, and yet the government shirks one of its few constitutionally mandated duties, namely to defend this country.   Citizens lose twice with our current insecure border situation – we don’t have the protection we should have, and then taxpayers have to deal with the fallout in the form of overstretched public resources and loss of jobs.

The anger is understandable when it comes to illegal immigration and the problems with our borders.  I will continue to fight in Congress for more effective ways to address these issues in keeping with the Constitutional mandate to protect America .

Senator Hillary Clinton

 

"Our Immigration System in Crisis"

Senator Hillary Clinton’s (D-NY) website (www.hillaryclinton.com) introduces the immigration reform issue with the phrase, “Our immigration system is in crisis”.  Clinton stresses putting a premium on compassion, respect, and policies that help families.  Further, she makes the point that our current immigration laws don’t reflect that. 

Comprehensive Immigration Reform 

Within the framework of comprehensive immigration reform, Clinton stresses honoring the rule of law.  She believes comprehensive reform must include strengthening our borders, greater cross-cooperation with neighboring countries, strict but fair enforcement of our laws, federal assistance to our state and local governments, strict penalties for those who exploit undocumented workers, and a path to earned legal status for those who are here, working, and respect the law.

Legislation Supported by Clinton 

Senator Clinton led efforts for the Immigrant Children’s Health Improvement Act which would give states the option to provide federally funded Medicaid and SCHIP benefits to low-income legal immigrant children and pregnant women.  She wrote the Access to Employment and English Acquisition Act to meet the growing demand for English language courses and other job skills.  She co-sponsored the DREAM Act which provides a path to citizenship thorough military service or higher education for children who were brought to the U.S. by their parents.  (Governor Huckabee is a staunch opponent of the DREAM Act).  Further, Senator Clinton was a cosponsor for the Agricultural Job Opportunity Benefits and Security Act of 2003 and offered an amendment to make family reunification the gilding principle of our immigration system. 

Clinton's Voting Record 

Clinton’s record on immigration issues includes the following:  

Voted YES on comprehensive immigration reform. (Jun 2007)

Voted  NO on declaring English as the official language of the US government. (Jun 2007)

Voted YES on building a fence along the Mexican border. (Sep 2006)

Voted YES on establishing a Guest Worker program. (May 2006)

Voted YES on allowing undocumented workers to participate in Social Security. (May 2006)

Voted YES on giving Guest Workers a path to citizenship. (May 2006)

Senator Barack Obama

 

Obama's Voting Record

Barack Obama’s (D-IL) voting record on the issues is similar to Clinton’s.  Compare them on the issues. Senator Obama's votes are as follows: 

Voted YES on comprehensive immigration reform. (Jun 2007)

Voted NO on declaring English as the official language of the US government. (Jun 2007)

Voted YES on building a fence along the Mexican border. (Sep 2006)

Voted YES on establishing a Guest Worker program. (May 2006)

Voted YES on allowing undocumented workers to participate in Social Security. (May 2006)

Voted YES on giving Guest Workers a path to citizenship. (May 2006)  

"The time to fix our broken immigration system is now...We need stronger enforcement on the border and at the workplace... But for reform to work, we also must respond to what pulls people to America... Where we can reunite our families, we should.  Where we can bring in more foreign-born workers with the skills our economy needs, we should" - Barack Obama, Statement on U.S. Senate Floor, May 23, 2007

For more on Barack Obama's plan, see http://www.barackobama.com/issues/pdf/ImmigrationFactSheet.pdf  from http://www.barackobama.com. 

Comprehensive Immigration Reform

Like Clinton, Barack Obama supports comprehensive immigration reform.  Again, like Clinton, Obama uses the phrase "bringing people out of the shadows".  He supports a system that allows undocumented immigrants, who are in good standing to pay a fine, learn English, not violate the law, and go to the back of the line for the opportunity to become.  (Obama's campaign website)

Border Security 

Also, like other candidates, Senator Obama wants to preserve the integrity of our borders.  He supports additional personnel, infrastructure and technology on the border and at our ports of entry.  Obama believes we need additional Customs and Border Protection agents equipped with better technology and real-time intelligence. 

Employment Eligibility Verification System 

To remove incentives to enter the country illegally, Obama would crack down on employers that hire undocumented immigrants.  Barack Obama has supported a proposal with Senators Charles Grassley (R-IA), Ted Kennedy (D-MA) and Max Baucus (D-MT) to create a new employment eligibility verification system so employers can verify that their employees are legally eligible to work in the U.S.

Conclusion 

While several candidates have frequently stated that undocumented immigrants should "go to the back of the line", they do not explain that statement.  Some real logistical problems exist.  For example, what line are they talking about?  Where is the back?  What does one do if he is an unskilled immigrant from a country like Mexico?  Check the Visa Bulletin to find out what the current waiting period is.  What does one do if she is a skilled professional if the yearly quota of H-1B visas has been filled?  What does one do if he has no family members to file an immediate relative petition for him?  How long will the wait be then and where is the back of the line?

Solving the immigration problem involves far more than using catchy phrases or talking tough.  If you are fortunate enough to already be an American citizen, it is your responsibility to choose the candidate who can grasp the complexity of the issues and implement reform. 

We, at the Law Offices of Curtis Pierce, support the importance of increasing the number of visas for high tech workers in order to make our economy competitive in the global marketplace.  Further, we support family reunification, a defining value in the history of American immigration policy.   

 

 

 

IMMIGRATION NEWS & INFORMATION  

 

H-1Bs ARE SUBJECT TO CAP.  NOW IS THE TIME TO PREPARE TO APPLY FOR FISCAL YEAR 2009.

 

 

Last year, the quota for cap subject H-1Bs was reached on the first day of filing.   It is important to begin the application procedure in a timely manner for FY 2009.  Congress allocates the number of available H-1Bs.  Current laws limit the number to 65,000.

 

The H-1B is a non-immigrant visa that enables professionals in "specialty occupations", i.e., those that require a minimum of a baccalaureate, to work in the United States. A U.S. degree or acceptable foreign alternative is required.

 

In some cases, work experience and education may be combined to meet the requirements. Non-graduates may be employed on an H-1B visa where they can claim to be “graduate equivalent” with twelve or more years work experience in the occupation (three years of relevant work experience may substitute for one year of education).

 

We at the Law Offices of Curtis Pierce strongly urge employers who are seeking to employ a foreign national on an H-1B visa for fiscal year (FY) 2009 to begin preparation early so as to be able to file visa petitions with the U.S. Citizenship and Immigration Services (USCIS) on April 1, 2008.

The petitions are submitted by employers based on their need for non-U.S. resident employees in “specialty occupations”. The H-1B non-immigrant work visa may be issued to applicants seeking temporary work in a "specialty occupation" which requires the skills of a professional such as scientists, engineers, information technology or other computer professionals, engineers, financial analysts, management consultants, architects, system analysts, journalists, lawyers, market research analysts, teachers in elementary or secondary schools or colleges, accountants, nurses, physicians, surgeons, and dentists. This list is by no means exclusive.

 


 ATTENTION AMERICAN CITIZENS: NEW TRAVEL DOCUMENTS ARE REQUIRED FOR PORTS OF ENTRY EFFECTIVE JANUARY 31, 2008. 

The U.S. Department of Homeland Security (DHS) and the U.S. Department of State (DOS) remind the traveling public that as of Jan. 31, 2008, all adult travelers will be required to present proof of citizenship, such as a birth certificate, and proof of identity, such as a driver’s license, when entering the United States through land and sea ports of entry. DHS will be issuing a notice in the Federal Register formally announcing the change.

This change is a necessary step to prepare travelers and ease the transition to the future requirements of the Western Hemisphere Travel Initiative (WHTI). WHTI proposes to establish documentation requirements for travelers entering the United States who were previously exempt, including citizens of the U.S., Canada, and Bermuda. As recommended by the 9/11 Commission, Congress enacted WHTI in the Intelligence Reform and Terrorism Prevention Act of 2004. WHTI will result in both enhanced security and increased facilitation across the border once implemented. During this transition, DHS and the Department of State are working diligently to minimize the impact on legitimate trade and travel.

Currently, U.S. Customs and Border Protection (CBP) officers may accept oral declarations of citizenship from U.S. and Canadian citizens seeking entry into the United States through a land or sea border. However, as of January 31, 2008:

  • Oral declarations of citizenship alone will no longer be accepted
  • U.S. and Canadian citizens ages 19 and older will need to present a government-issued photo ID, such as a driver’s license, along with proof of citizenship, such as a birth certificate or naturalization certificate
  • Children ages 18 and under will only be required to present proof of citizenship, such as a birth certificate
  • Passports and trusted traveler program cards - NEXUS, SENTRI and FAST - will continue to be accepted for cross-border travel

All existing nonimmigrant visa and passport requirements will remain in effect and will not be altered by this change.

DOS reminds the public that the current turnaround time for a passport is four to six weeks, so Americans planning international travel may wish to apply now. For information on obtaining a U.S. Passport visit www.travel.state.gov or call 1-877-487-2778. Specific documentation requirements for land, sea and air travel may be found at www.cbp.gov/xp/cgov/travel/vacation/ready_set_go/. To learn more about NEXUS, SENTRI and FAST, visit www.cbp.gov/xp/cgov/travel/trusted_traveler/.

 

   

 

 

PROCESSING TIMES & CASE STATUS  

 

Processing Times

·  To view processing times and your case status, click one of the links below to connect to the correct U.S. Citizenship and Immigration Services information page.

·  California Service Center ·  Nebraska Service Center ·  Texas Service Center ·  Vermont Service Center 

 


Case Status Service Online

If you have an application receipt number, you can use the Internet to check the status of your case with the USCIS.

https://egov.uscis.gov/cris/jsps/index.jsp

 


 

The IMMIGRATION LAW E-NEWSLETTER is free. 

It is published by the Law Offices of Curtis Pierce, 213-327-0044.

 

Disclaimer:  The information contained in this newsletter is analysis and commentary of a general nature.  Nothing in this newsletter applies to a specific case nor does it constitute legal advice. 

 

Schedule appointment:  For legal advice on your case, please schedule an appointment with Curtis Pierce, Certified Specialist, Immigration & Nationality Law, The State Bar of California Board of Legal Specialization.

 

“The only title in our democracy superior to that of President (is) the title of citizen”.

Former Supreme Court Justice Louis Brandeis.   (In the case Ng Fung Ho v. White, 259 U.S. 276, 284 (1922), Justice Brandeis wrote that deportation can deprive an individual of "life, or of all that makes life worth living.")


In the words of President John F. Kennedy, the United States is a "nation of immigrants." 

 

 

 

 

 

 

 

 

 

IMMIGRATION ITEMS OF INTEREST    

IMMIGRATION NEWS & INFORMATION

PROCESSING TIMES & CASE STATUS

 

IMMIGRATION ITEMS OF INTEREST

 

E-3 Visa Category for Australians 

The E-3 visa is an important alternative to the H-1B for Australian nationals working in “specialty occupations” which merits further exploration.  This option is particularly relevant in light of the limited number of H-1B visas available and the expensive fees attached to them by recent legislation.    The E-3 category for visa issuance for Australians is a relatively new category of visas.  Section 501 of the REAL ID Act of May 2005 created the E-3, a nonimmigrant category available only to Australian citizens. 

It functions like the H-1B in that it allows temporarily work in specialty occupations in the United States.     Again, this visa is limited to Australian nationals.  It has many advantages over the other types of working visas, including the ability for spouses of E-3 recipients to apply for work authorization.  This is an advantage over the H-1B and even the TN visa issued to Canadian and Mexican citizens.   

Furthermore, H-1Bs are subject to an annual cap which is often reached in the first few days of availability.  The quota of E-3 visas is 10,500 annually for each fiscal year.  However, the demand for E-3s is much lower than that for H1Bs; consequently, there is much more availability of E-3s.

Who qualifies for the E-3 visa?
The E-3 visa classification currently applies to nationals of Australia as well as their spouses and children.  E-3 principal applicants must be going to the United States solely to work in a specialty occupation.

Can permanent residents of Australia apply for an E-3 visa?
No.  E-3 visas are available only for Australian nationals.  If you are a new Australian citizen or in the process of becoming one, you must possess an Australian passport by the time of your visa interview.  

Is the term “specialty occupation” the same term used in H-1B cases? 
Yes.  The term “specialty occupation” is the same term used in H-1B cases. Pursuant to section 214(i)(1) of the Immigration and Nationality Act (INA), specialty occupation means and occupation that requires a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation.  In order to be eligible for an E-3 classification, an alien must be able to show he or she will be employed in a specialty occupation in the U.S. and he or she possess the required U.S. bachelor’s or higher degree (or its equivalent) in the specific specialty to meet the minimum requirement for entry into the occupation.  

Are there differences between the E-3 and the H-1B?
Yes, there are differences between the E-3 and the H-1B. 

  1. The first concerns time limits.  The E-3 visa does not have a six-year time limit like the H-1B.  E-3 visas are valid for two years and are renewable indefinitely provided that the applicant can demonstrate that his or her stay in the U.S. is temporary. 
  2. The second difference concerns dual intent.  The E does not carry strict dual intent as does the H-1B.  The dual intent provision of the H-1B allows a person to obtain an H-1B even if she has expressed immigrant intent.  In fact, one can have a green card case in process.  
  3. Since the E-3 is a non-immigrant visa, the applicant must establish intent to return to Australia when his/her E-3 employment is finished.  Note the difference from the H-1B, also a non-immigrant visa, which carries dual intent.
  4. While there are quotas for both H-1Bs and E-3s, the annual quota for initial E-3 applications is 10,500 thus making these visas more available than the ever elusive H-1B. 
  5. A consular interview conducted outside of the United States is required for the E-3 visa.
Does the cap of E-3 applications apply to extensions of E-3s?

No.  The annual cap of 10,500 initial applications for each fiscal year applies to all initial E-3 application made abroad and to all change of status E-3 applications made through USCIS.  The cap does not apply to extensions of E-3 provided that the alien continues to be employed by the same employer.

 

Does the E-3 require that one have an unrelinquished domicile abroad? 

No.  The consular officer need only be satisfied that the individual has the intent to depart upon the termination of nonimmigrant status. 

What are the advantages of the E-3 visa? 
One notable advantage of the E-3 is the E-3 spouses will be able to seek employment since they can apply for the Employment Authorization Document, EAD.  The spouses of H-1Bs do not have this advantage.  Also, the E-3 visa is renewable for two year periods, indefinitely, provided the principal demonstrates that he/she does in intend to remain in the U.S. permanently.  Also, the fees are considerably lower than those for an H-1B.  

Fees
The considerably lower fees to the E-3 visa offer a significant advantage over the H-1B.  Because of recent Congressional action, the government filing fees for the H-1B are over $2,000.  If you choose premium processing, add approximately $1,000.  The E-3 is a great bargain because although it requires a Labor Condition Application, there is no fee.  U.S. consular fees apply for all non-immigrant visas.  The worldwide application fee for a U.S. nonimmigrant visa increased to $131 effective January 1, 2008. 

Do the spouse and children of the E-3 principal applicant have to be Australian citizens? 
No.  The spouse and children need not be Australian citizens.  It should be noted that the U.S. does not recognize De Facto relationships or same-sex Civil Partnerships for the purposes of immigration.  

Where does one apply for an E-3 visa? 
Initial application for a visa to enter may be made at a consular office overseas.  One can apply at any U.S. Embassy or Consulate which processes nonimmigrant petition based, visas, but it very important to note that one cannot apply for an E-3 visa from within the U.S.  In Australia, one may apply in Sydney, Melbourne, or Perth.  

Do I have to find a job in the U.S first before applying for an E-3 visa? 
Yes, you need to have a job offer from the U.S. before you can apply for the E-3 visa.  

Can I travel to the U.S. on the Visa Waiver Program to find a job or attend interviews and then apply for the E-3 visa once I have returned to Australia? 
Yes, you can travel on the Visa Waiver Program if you meet the requirements.  The Visa Waiver Program enables nonimmigrants from qualified countries to travel to the United States without a visa if they meet certain conditions.  To be admitted, they must be citizens of a Visa Waiver Program country, seek entry as a tourist or business traveler for a period of not more than 90 days, posses a valid, machine-readable e-passport with digitized photograph, have a round-trip ticked with a qualified carrier and meet other requirements.  Visa Waiver Program entrants are not permitted to extend their visits or change to another visa category.   If you do not meet the VWP requirements, you may be eligible to travel on the B-1/B-2 Combined Visa for Business or Pleasure.   You must leave the U.S. before applying for your E-3 visa

Is the sponsoring employer required to submit a petition to the Department of Homeland Security (DHS)? No, the United States based employer of an E-3 principal is not required to submit a petition to the Department of Homeland Security.  

What documents must the sponsoring employer submit?
Similar to an H-1B visa, the sponsoring employer must present a labor condition application (LCA) attesting to the wages and working conditions certified by the Department of Labor (Department or DOL) to the Department of State (DOS) Consular Officer at the time of visa application. Consider the advantages of the E-3 visa if you are an Australian professional seeking temporary employment in the U.S.  This may be the visa for you.  For questions, contact the Law Offices of Curtis Pierce at 213-327-0044.

IMMIGRATION NEWS & INFORMATION  

 

H-1Bs ARE SUBJECT TO CAP.  NOW IS THE TIME TO PREPARE TO APPLY FOR FISCAL YEAR 2009.

 

 

Last year, the quota for cap subject H-1Bs was reached on the first day of filing.   It is important to begin the application procedure in a timely manner for FY 2009.  Congress allocates the number of available H-1Bs.  Current laws limit the number to 65,000.

 

The H-1B is a non-immigrant visa that enables professionals in "specialty occupations", i.e., those that require a minimum of a baccalaureate, to work in the United States. A U.S. degree or acceptable foreign alternative is required.

 

In some cases, work experience and education may be combined to meet the requirements. Non-graduates may be employed on an H-1B visa where they can claim to be “graduate equivalent” with twelve or more years work experience in the occupation (three years of relevant work experience may substitute for one year of education).

 

We at the Law Offices of Curtis Pierce strongly urge employers who are seeking to employ a foreign national on an H-1B visa for fiscal year (FY) 2009 to begin preparation early so as to be able to file visa petitions with the U.S. Citizenship and Immigration Services (USCIS) on April 1, 2008.

The petitions are submitted by employers based on their need for non-U.S. resident employees in “specialty occupations”. The H-1B non-immigrant work visa may be issued to applicants seeking temporary work in a "specialty occupation" which requires the skills of a professional such as scientists, engineers, information technology or other computer professionals, engineers, financial analysts, management consultants, architects, system analysts, journalists, lawyers, market research analysts, teachers in elementary or secondary schools or colleges, accountants, nurses, physicians, surgeons, and dentists. This list is by no means exclusive.

 


 ATTENTION AMERICAN CITIZENS: NEW TRAVEL DOCUMENTS ARE REQUIRED FOR PORTS OF ENTRY EFFECTIVE JANUARY 31, 2008. 

The U.S. Department of Homeland Security (DHS) and the U.S. Department of State (DOS) remind the traveling public that as of Jan. 31, 2008, all adult travelers will be required to present proof of citizenship, such as a birth certificate, and proof of identity, such as a driver’s license, when entering the United States through land and sea ports of entry. DHS will be issuing a notice in the Federal Register formally announcing the change.

This change is a necessary step to prepare travelers and ease the transition to the future requirements of the Western Hemisphere Travel Initiative (WHTI). WHTI proposes to establish documentation requirements for travelers entering the United States who were previously exempt, including citizens of the U.S., Canada, and Bermuda. As recommended by the 9/11 Commission, Congress enacted WHTI in the Intelligence Reform and Terrorism Prevention Act of 2004. WHTI will result in both enhanced security and increased facilitation across the border once implemented. During this transition, DHS and the Department of State are working diligently to minimize the impact on legitimate trade and travel.

Currently, U.S. Customs and Border Protection (CBP) officers may accept oral declarations of citizenship from U.S. and Canadian citizens seeking entry into the United States through a land or sea border. However, as of January 31, 2008:

  • Oral declarations of citizenship alone will no longer be accepted
  • U.S. and Canadian citizens ages 19 and older will need to present a government-issued photo ID, such as a driver’s license, along with proof of citizenship, such as a birth certificate or naturalization certificate
  • Children ages 18 and under will only be required to present proof of citizenship, such as a birth certificate
  • Passports and trusted traveler program cards - NEXUS, SENTRI and FAST - will continue to be accepted for cross-border travel

All existing nonimmigrant visa and passport requirements will remain in effect and will not be altered by this change.

DOS reminds the public that the current turnaround time for a passport is four to six weeks, so Americans planning international travel may wish to apply now. For information on obtaining a U.S. Passport visit www.travel.state.gov or call 1-877-487-2778. Specific documentation requirements for land, sea and air travel may be found at www.cbp.gov/xp/cgov/travel/vacation/ready_set_go/. To learn more about NEXUS, SENTRI and FAST, visit www.cbp.gov/xp/cgov/travel/trusted_traveler/.

 

   

 

 

PROCESSING TIMES & CASE STATUS  

 

Processing Times

·  To view processing times and your case status, click one of the links below to connect to the correct U.S. Citizenship and Immigration Services information page.

·  California Service Center ·  Nebraska Service Center ·  Texas Service Center ·  Vermont Service Center 

 


Case Status Service Online

If you have an application receipt number, you can use the Internet to check the status of your case with the USCIS.

https://egov.uscis.gov/cris/jsps/index.jsp

 


 

The IMMIGRATION LAW E-NEWSLETTER is free. 

It is published by the Law Offices of Curtis Pierce, 213-327-0044.

 

Disclaimer:  The information contained in this newsletter is analysis and commentary of a general nature.  Nothing in this newsletter applies to a specific case nor does it constitute legal advice. 

 

Schedule appointment:  For legal advice on your case, please schedule an appointment with Curtis Pierce, Certified Specialist, Immigration & Nationality Law, The State Bar of California Board of Legal Specialization.

 

“The only title in our democracy superior to that of President (is) the title of citizen”.

Former Supreme Court Justice Louis Brandeis.   (In the case Ng Fung Ho v. White, 259 U.S. 276, 284 (1922), Justice Brandeis wrote that deportation can deprive an individual of "life, or of all that makes life worth living.")


In the words of President John F. Kennedy, the United States is a "nation of immigrants." 

 

 

 

 

PIERCE'S IMMIGRATION LAW E-NEWSLETTER
“Informative * Innovative * Interesting”
WWW.CPVISA.COM
 
  
December 2007, Vol. XI. 

PIERCE'S IMMIGRATION LAW E-NEWSLETTER is free.  It is published by the Law Offices of Curtis Pierce, Certified Specialist, Immigration & Nationality law, The State Bar of California Board of Legal Specialization.  If you do not wish to continue receiving this monthly e-newsletter on immigration law, please click "Leave mailing list" on the bottom of this page.  http://www.cpvisa.com/.  (213) 327-0044 

 

SPECIAL FEATURE:  CURTIS PIERCE'S ARTICLE "E-2 VISA PROCESSING AT THE AMERICAN EMBASSY IN PARIS:  UNCOVERING THE MYSTERY" PRESENTED IN ENGLISH AND IN FRENCH.  Le Processus du Visa E-2 à l'Ambassade Américaine de Paris: Le mystère dévoilé.    

Although this article deals with the American Embassy in Paris, it provides valuable insights into visa processing at many other United States Consulates and Embassies throughout the world. 

CURTIS PIERCE NAMED CALIFORNIA SUPER LAWYER FOR THE THIRD CONSECUTIVE YEAR.  

Curtis Pierce was honored by Super Lawyers Magazine as one of the top 5% of attorneys in California.  Super Lawyers are chosen by their peers and through independent research.  Mr. Pierce has been chosen for the years 2008, 2007, and 2006. 

 

 

IMMIGRATION NEWS & INFORMATION

IMMIGRATION EDUCATION    

IMMIGRATION NEWS & INFORMATION  

 

H-1Bs ARE SUBJECT TO CAP.  NOW IS THE TIME TO PREPARE TO APPLY FOR FISCAL YEAR 2009.

 

Last year, the quota for cap subject H-1Bs was reached on the first day of filing.   It is important to begin the application procedure in a timely manner for FY 2009.  Congress allocates the number of available H-1Bs.  Current laws limit the number to 65,000.

The H-1B is a non-immigrant visa that enables professionals in "specialty occupations", i.e., those that require a minimum of a baccalaureate, to work in the United States. A U.S. degree or acceptable foreign alternative is required.

In some cases, work experience and education may be combined to meet the requirements. Non-graduates may be employed on an H-1B VISA where they can claim to be “graduate equivalent” with twelve or more years work experience in the occupation (three years of relevant work experience may substitute for one year of education).

We at the Law Offices of Curtis Pierce strongly urge employers who are seeking to employ a foreign national on an H-1B visa for fiscal year (FY) 2009 to begin preparation early so as to be able to file visa petitions with the U.S. Citizenship and Immigration Services (USCIS) on April 1, 2008.

The petitions are submitted by employers based on their need for non-U.S. resident employees in “specialty occupations”. The H-1B non-immigrant work visa may be issued to applicants seeking temporary work in a "specialty occupation" which requires the skills of a professional such as scientists, engineers, information technology or other computer professionals, engineers, financial analysts, management consultants, architects, system analysts, journalists, lawyers, market research analysts, teachers in elementary or secondary schools or colleges, accountants, nurses, physicians, surgeons, and dentists. This list is by no means exclusive.

 

2009 DIVERSITY VISA LOTTERY:  APPLICATION PERIOD IS FROM OCTOBER 3, 2007 TO DECEMBER 2, 2007.

 

IMPORTANT NOTE FOR DV-2009:  ALL APPLICATIONS MUST BE ELECTRONICALLY SUBMITTED. NO PAPER ENTRIES WILL BE ACCEPTED.  

WHAT IS THE  DIVERSITY VISA LOTTERY? 
 
Each year, the Diversity Lottery (DV) Program makes 55,000 immigrant visas available through a lottery to people who come from countries with low rates of immigration to the United States. The State Department (DOS) holds the lottery every year, and randomly selects approximately 110,000 applicants from all qualified entries.  If you receive a visa through the Diversity Visa Lottery Program you will be authorized to live and work permanently in the United States. You will also be allowed to bring your spouse and any unmarried children under the age of 21 to the United States.

WHO MAY PARTICIPATE IN THE 2009 DIVERSITY VISA LOTTERY? 

1.  You or your spouse must be a native of a country that is eligible to participate in the Diversity Visa Lottery. You may also be eligible to apply if your parent was born in a country that is eligible to participate. The State Department has published a list of countries by region whose natives qualify.  See the following link:

http://travel.state.gov/pdf/2009DVInstructions.pdf

See Page 13 of document on website.

 

2. You must have a high school diploma or the equivalent, defined in the United States as successful completion of a 12-year course of elementary and secondary education; OR you must have two years of work experience within the last five years in an occupation that requires at least two years of training or experience to perform.  

ARE NATIVES OF ALL COUNTRIES ELIGIBLE TO APPLY FOR THE 2009 DIVERSITY  VISA LOTTERY?

No.  For DV-2009, natives of the following countries are not eligible to apply because they sent a total of more than 50,000 immigrants to the U.S. over the period of the previous five years: BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, ECUADOR, EL SALVADOR, GUATEMALA, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PHILIPPINES, PERU, POLAND, RUSSIA, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM. Persons born in Hong Kong SAR, Macau SAR and Taiwan are eligible.         

If you have any questions about eligibility, please contact the Law Offices of Curtis Pierce

WHEN CAN I ENTER THE DV-2009 LOTTERY? 

Entries for the DV-2009 Diversity Visa lottery must be submitted electronically between noon Eastern Daylight Time (EDT) (GMT-4), Wednesday, October 3, 2007 and noon Eastern Standard Time (EST) (GMT-5) Sunday, December 2, 2007.  Applicants may access the electronic Diversity Visa entry form at http://www.dvlottery.state.gov/ during the registration period.

Paper entries will not be accepted. Applicants are strongly encouraged not to wait until the last week of the registration period to enter. Heavy demand may result in website delays. No entries will be accepted after noon EST on December 2, 2007.

HOW DO I ENTER THE DV-2009 LOTTERY?

THERE IS ONLY ONE WAY TO ENTER THE DV-2009 LOTTERY. This is important to note.  You must submit an Electronic Diversity Visa Entry Form (E-DV Entry Form), which is accessible only at www.dvlottery.state.gov.   

 

Beware of anyone trying to sell you any paper application forms.  Paper forms are not accepted and all applications procedures must be submitted electronically. Failure to complete the form in its entirety will disqualify the entry.

 

CAN A HUSBAND AND WIFE EACH SUBMIT AN ENTRY?

 

Yes, a husband and a wife may each submit one entry if each meets the eligibility requirements.  If either were selected, the other would be entitled to derivative status.

 

WHAT FAMILY MEMBERS MUST I INCLUDE ON MY DIVERSITY VISA ENTRY?

On your entry you must list your spouse, that is husband or wife, and all unmarried children under 21 years of age, with the exception of children who are already U.S. citizens or Legal Permanent Residents. You must list your spouse even if you are currently separated from him/her, unless you are legally separated (i.e. there is a written agreement recognized by a court or a court order). If you are legally separated or divorced, you do not need to list your former spouse. You must list ALL your children who are unmarried and under 21 years of age, whether they are your biological children, your spouse’s children, or children you have formally adopted in accordance with the laws of your country, unless such child is already a U.S. citizen or Legal Permanent Resident. List all children under 21 years of age even if they no longer reside with you. 

ARE THERE ANY CHANGES OR NEW REQUIREMENTS IN THE APPLICATION PROCEDURES FOR THIS DIVERSITY VISA REGISTRATION?

Yes.  All DV-2009 lottery entries must be submitted electronically at www.dvlottery.state.gov during the registration period. No paper entries will be accepted. We have repeated this point several times in this article for emphasis.  All applications must be submitted electronically.

 

Several questions and options for answers have been added to DV-2009 to gather additional information.                       

 • Country where you live today?                        

 • What is the highest level of education you have achieved, as of today? You must choose one of the ten options indicating the highest level of education you have achieved: (1) Primary school only, (2) High school, no degree, (3) High school degree, (4) Vocational school, (5) Some university courses, (6) University degree, (7) Some graduate level courses, (8) Master degree, (9) Some doctorate level courses, and (10) Doctorate degree.                        

 • “Legally Separated” replaces the term “Separated” used in previous DV programs as an option under the question “What is your marital status?” Legal separation means that a court has formally declared that you and your spouse are legally separated. Legal separation means that your spouse would not be eligible to immigrate as your derivative.  

 

BE AWARE OF POSSIBLE FRAUD

In the age of computer technology, fraud abounds.  Be on the lookout.  Imposter or fraudulent websites may try to mislead customers and members of the public into thinking they are official websites. These websites may attempt to require you to pay for services such as forms and information about immigration procedures, which are otherwise free on the Department of State Visa Services Website, or overseas through the Embassy Consular Section Websites.

 

Additionally, these websites may require you to pay for services you will not receive. These websites may contact you by e-mail to lure you to their offer. Additionally, be wary of sending any personal information that might be used for identity fraud/theft to these websites.

 

There have been instances of fraudulent websites posing as official U.S. Government sites. Some companies posing as the U.S. Government have sought money in order to "complete" lottery entry forms.  Again, if you have any questions about which websites are legitimate, please contact the Law Offices of Curtis Pierce.

 

HOW WILL I BE NOTIFIED IF I AM SELECTED?

Applicants selected in the Diversity Visa random drawing are notified by the Department of State, Kentucky Consular Center, by letter, NOT by e-mail and are provided instructions on how to proceed to the next step in the process.  No other organization or company is authorized by the Department of State to notify Diversity Visa lottery applicants of their winning entry.


 

WILL I BE REQUIRED TO PAY FEES IF I WIN THE DIVERSITY VISA LOTTERY?

Remember, there is no fee for simply entering the Diversity Visa Lottery.   If you win, you must pay a fee for an immigrant visa and a separate visa lottery surcharge. 

 

Delete this section for December 2007 

 


 ATTENTION EMPLOYERS:  EMPLOYMENT VERIFICATION FORM I-9 HAS BEEN REVISED. 

 

USCIS (U.S. Citizenship and Immigration Services) issued a revised I-9 form on November 7, 2007.  Employers are required to complete a Form I-9 for all employees (unless exempt) hired in the United States.

 

It is the employer's responsibility to ensure completion of the entire Form I-9 no later than close of business on the employee's third day of employment.  The employer must review documentation presented by the employee and record document information on the form.  Proper documentation establishes both that the employee is authorized to work in the U.S. and the employee who presents the employment authorization document is the person to whom it was issued. 

 

The most significant change to the Form I-9 was a reduction in the number of documents that employees may present to establish their identity and work eligibility.  This is List of Acceptable Documents and is found on the back of the form and is labeled as "List A". 

 

The new acceptable List A documents are:

  • US passport (unexpired or expired)
  • Permanent Resident Card or Alien Registration Receipt Card (Form I-551)
  • Unexpired foreign passport with a temporary I-551 stamp
  • Unexpired Employment Authorization Document that contains a photograph (Forms I-766, I-688, I-688A or I-699B).  Form I-766 is a new addition to List A. 
  • Unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-04, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer.

   Employers may no longer accept the following five documents:

  • Certificate of U.S. Citizenship (Form N-560 or N-561)
  • Certificate of Naturalization (Form N-550 or N-570)
  • Alien Registration Receipt Card (I-151)
  • Unexpired Reentry Permit (Form I-327)
  • Unexpired Refugee Travel Document (Form I-571) 

The above forms were removed because they lack sufficient features to help deter counterfeiting, tampering, and fraud.

The employer may accept any List A document, establishing both identity and work eligibility, or combination of a List B document (establishing identity) and List C document (establishing work eligibility).  Employers, remember that your may only accept original documents, not photocopies, with the single exception of a certified photocopy of a birth certificate. 

Employers are required by law to keep on file a hard copy or electronic version of Form I-9 for three years after the employee's date of hire or for one year after the date of termination, whichever date is later.

For questions on signing and retaining Form I-9 electronically and/or training for E-Verify, contact the Law Office of Curtis Pierce.  E-Verify is an Internet-based system operated by DHS (Department of Homeland Security) in partnership with the SSA (Social Security Administration) that allows participating employers to electronically verify the employment of new hires.  E-Verify is free and voluntary.   

Both the revised Form I-9 and the "Handbook for Employers, Instructions for Completing the Form I-9" are available online at www.uscis.gov.

 

IMMIGRATION EDUCATION

 

E-2 Visa Processing At The American Embassy In Paris: Uncovering The Mystery
(This article was previously published in the September 2007 issue of the newsletter of the
French American Chamber of Commerce in Los Angeles) 

By Curtis Pierce

 

            In May of this year, I had the privilege of being invited by the American Business School Paris to present a seminar en français on US Immigration Law, specifically business immigration.  The event drew a large following of enthusiastic Parisians, students as well as professionals, all hungry for the American dream.    I discussed business visas such H-1Bs for professionals, L-1 for intracompany transferees, as well as many other commonly sought visas. 

 

            Although I had lived five years of my adult life in Paris,  I had not been back in France since 1995, when I was teaching anglais juridique at the University of Paris. When I left, Jacques Chirac had just been elected President.      

 

            To make good use of time, I requested a meeting at the American Embassy in Paris to resolve several questions that clients have regarding visa processing at the American Embassy.  In many ways, visa processing at the American Embassy in Paris has been something of a mystery to me.    I have over the years represented many clients who have gone to the Embassy for their visa appointments, but had never actually been there myself.  When asked what to expect,  I could not provide my clients with a definitive answer based on personal experience.    

 

            After several faxes and emails, my request for a meeting with high level officials at the Embassy was finally approved.  I decided to use the opportunity to ask questions pertaining to one of the most sought after nonimmigrant visas by French nationals, the E-2.   The E-2 visas is for “Treaty Investors.”   The applicant must demonstrate a “substantial investment” in a commercial enterprise.     It must be demonstrated that the applicant is trying to do more than simply earn a living.  The investor should be putting money at risk with the intention of making a serious profit.  

COMBIEN D’ARGENT FAUT-IL INVESTIR?     (How much money should one invest?)

            My clients often ask:  What is meant by substantial investment?  How much is enough?   How much do I need to invest in a company in order to have this E-2 visa? The regulations state that there must be a substantial investment and there are no clear guidelines.  What is “substantial” depends on the type of business involved.  In other words, a small French restaurant would require less of an investment than a petroleum company.    The officials corroborated this.    I did not get any indication of precise dollar amounts that would increase the chances of getting an E-2 visa approved. 

 

JE PEUX MONTRER BEACOUP D’ARGENT DANS MA COMPTE BANCAIRE.CA SUFFIT POUR LE VISA E-2?     (I can show a high balance of funds in my bank account.  Will this be enough to get the visa?) 
           For an E-2 visa application to be approved, the funds must be at risk, at risk of being lost. They must really be invested in a commercial enterprise.  Simply showing funds in a bank account will not be sufficient. 

 LES EMPLOYES, C’EST VRAIMENT NECESSAIRE?   (Are employees really necessary?)

            Some of my attorney colleagues believe that it is necessary to have employees in order to get an E-2 visa approved.   Therefore, I asked if this is true.  “Is it indeed necessary to have employees in order to get an E-2 approved?”   The answer was negative.    The officials indicated that theses cases, like other cases, are decided on an individual  case by case basis.   And it is not correct to assume that employees are necessary for approval of an E-2 visa. 

JE SUIS CONSULTANT, MOI.  C’EST BIEN, NON?  (No.)   (I'm a consultant.  That's good, right?  Wrong.)

            The officials indicated that they tend to look with disfavor on “consultant” type businesses.   Anyone can open an office and say they are a consultant.   Officials want to see a substantial investment in an ongoing commercial enterprise.   (To this end, commercial space, equipment, supplies, inventory, are all helpful.) 

QU’EST-CE QU’ILS CHERCHENT DONC?     (What are they looking for?)

            The officials strongly suggested that what they like to see is that the person applying for the visa really wants the business and believes the enterprise will be successful.  The applicant should not be creating a business or getting incorporated simply as a means of obtaining an E-2 visa.  If the consular officer feels that the company has been set up simply as a means of obtaining a visa, the visa will be denied. 

            This point seems self-evident.  Nevertheless, it is  a good point to keep in mind in determining whether or not someone should really pursue the E-2 visa as an option.

 

JE SUIS ENTRE AVEC LE VISA WAIVER ET JE SUIS RESTE PLUS DE 90 JOURS.   C’EST FOUTU, NON?    Not necessarily.    (I entered with the visa waiver and remained longer than 90 days.   I've got no chance, right?  Not necessarily.)

            I also brought up the issue of unlawful presence.  If a national from France enters the United States on a visa waiver, they are allowed 90 days to stay in the United States.  I often meet clients who have overstayed beyond this 90 day period. The law specifically states that if someone stays over 180 days in unlawful status and they depart from the United States, they are barred for three years from re-entering.   If someone has remained unlawfully for over one year, and departs from the United States, the rule is they cannot re-enter for 10 years.   (There are exceptions and waivers, but that is the subject of another article.) 

 

            I asked what the Embassy position is in regard to someone who has overstayed for less than 180 days.  What effect does this have on visa processing?  (This has been something I have been wondering for many years but this was the first time I actually had the opportunity to ask this question to the individuals responsible.) 

 

            Once again, the answer was not definitive.  Applications are decided on a case to case basis.   Therefore, a couple of weeks of unlawful presence in the US may not be fatal.  In my experience as an immigration attorney, I have often found that most cases in immigration law whether E-2 visa applications before a consular officer or asylum applications before an Immigration Judge are all decided on a case by case basis.   The system is such that the success of the case often depends on who the adjudicator is and many other factors other than case’s merits. A case denied by one officer could very well have been approved by another officer. 

 

            The most important thing to remember is if you are going to be submitting an application for an E-2 visa it should be properly prepared, well documented,  have a good business plan, and convince the consular officials that you really want the business and that your are not simply creating a corporation/business as a means of obtaining a visa.

 

Curtis Pierce, Esq. is a Certified Specialist in Immigration & Nationality Law by the State Bar of California Board of Legal Specialization. He has successfully argued several cases before the Ninth Circuit Court of Appeals including Lopez v. INS, 184 F. 3d 1097 (9th Cir. 1999), Cardenas v. INS, 294 F.3d 1062 (9th. Cir. 2002) and Hoxha v. Ashcroft, 319 F.3d 1179 (9th Cir. 2003). He is a graduate of Loyola Law School and completed his undergraduate studies at UCLA.  From 1992-1995, he taught Constitutional Law at the University of Paris-1.  His firm’s website may be found at www.cpvisa.com. 

Le processus du Visa E-2 à l'Ambassade Américaine de Paris: Le mystère dévoilé
(Cet article a été publié dans  le numéro de septembre 2007 du journal de la chambre franco-américaine de Los Angeles) 

Par Curtis Pierce

 

            En mai de cette année, j'ai eu l'honneur d'etre invité par l' American Business School of Paris pour présenter une conférence en français sur la loi d'immigration américaine, en particulier sur l'immigration par la voie des affaires. L'événement a attiré de nombreux Parisiens enthousiastes, étudiants aussi bien que professionnels, tous en quête du rêve americain. J'ai discuté des visas d'affaires tels que le H1B pour les professionnels, le L1 pour les employés transférés, ainsi que de nombreux autres visas couramment recherchés.

           

            Bien qu'ayant vécu cinq ans à Paris, je n'étais pas retourné en France depuis 1995, lorsque j'enseignais l'anglais juridique à l'université de Paris. Lorsque je suis parti, Jacques Chirac venait d'être élu président.

 

            Pour faire bon usage de mon temps, j'ai demandé une audience à l'ambassade américaine de Paris pour pouvoir résoudre plusieurs des questions de mes clients sur le processus des visas à l'ambassade américaine. En fait, sous de nombreux aspects, le processus d'obtention d'un visa à l'Ambassade américaine de Paris restait pour moi un mystère. J'ai au fil des années représenté de nombreux clients qui étaient allés à l'ambassade pour leur entretien, mais n'y étais jamais allé moi-même. Lorsqu'ils me demandaient ce à quoi s'attendre, je ne pouvais donner à mes clients de réponse définitive basée sur mon expérience personnelle.

 

            Au bout de plusieurs faxes et e-mails, ma demande d'audience avec des officiers de haut rang de l'Ambassade a enfin été approuvée. J'ai décidé de profiter de l'occasion pour poser des questions sur l'un des visas non-immigrants les plus recherchés, le E-2. Le visa E-2 est pour les "Investisseurs". Le demandeur de visa doit démontrer un "investissement considérable" dans une entreprise commericale. Le candidat doit démontrer qu'il essaie de faire plus que de simplement gagner sa vie. L'investisseur doit placer son argent en risque avec l'intention de faire un profit substantiel. 


COMBIEN D’ARGENT FAUT-IL INVESTIR?    

            Mes clients me demandent souvent : combien d'argent veulent-ils dire par investissement considérable? Quelle somme est suffisante? Combien dois-je investir dans une compagnie afin d'obtenir ce visa E-2? Les réglementations déclarent qu'il doit y avoir un investissement considérable et il n'y a pas de règles claires. Ce qui est "considérable" dépend du type de commerce. Autrement dit, un petit restaurant français aurait besoin de moins d'investissemsnt qu'une compagnie pétrolière. Les officiers de l’ambassade ont confirmé ceci. Je n’ai reçu aucune indication d'une somme précise qui augmenterait les chances de voir approuvée sa demande de visa E-2.

 

JE PEUX MONTRER BEAUCOUP D’ARGENT SUR MON COMPTE BANCAIRE.CA SUFFIT POUR LE VISA E-2?              

            Pour qu'une candidature au visa E-2 soit approuvée, les fonds doivent être en risque, en risque d'être perdus. Ils doivent véritablement être investis dans une entreprise commerciale. Il ne suffit pas de montrer des fonds sur un compte bancaire.


LES EMPLOYES,  C’EST VRAIMENT NECESSAIRE? 

            Certains de mes collègues avocats pensent qu'il est nécessaire d'avoir des employés pour pouvoir obtenir un visa E-2. Ainsi, j’ai demandé si tel était le cas. "Est-ce bien nécessaire d'avoir des employés pour obtenir un visa E-2?" La réponse a été négative. Les officiers m’ont signalé que l'on décide de ces dossiers, comme des autres, individuellement, au cas par cas.  Il est incorrect de présumer que les employés sont nécessaires à l'approbation d'un visa E-2.


JE SUIS CONSULTANT, MOI.  C’EST BIEN, NON?   

            Les fonctionnaires m’ont indiqué qu'ils ont tendance à ne pas favoriser les types de commerce de consultants. N'importe qui peut ouvrir un bureau et se déclarer consultant. Les officiers veulent voir un investissement considérable dans une entreprise commerciale continue. (A ces fins, un espace commerical, de l'équipement, un inventaire, tout cela aide)

 

 QU’EST-CE QU’ILS CHERCHENT DONC?    

            Les officiers ont fortement suggéré que ce qu'ils veulent voir, c'est que le candidat au visa veut vraiment son opération commerciale et croit au succès de son entreprise. Le candidat ne doit pas créer un commerce ou une corporation dans le seul but d'obtenir un visa E-2. Si l'officier consulaire estime que la compagnie a été montée dans le seul but d'obtenir un visa, le visa sera refusé.

            Cela tombe sous le sens. Néanmoins, il est important de s'en souvenir pour établir si oui ou non on doit vraiment poursuivre le visa E-2 comme une option viable.

JE SUIS ENTRE AVEC LE VISA WAIVER ET JE SUIS RESTE PLUS DE 90 JOURS.   C’EST FOUTU, NON?    (Pas forcément.)    
            J'ai aussi abordé la question de la présence illégale. Si un ressortissant français rentre sur le territoire américain avec une exemption de visa, il a droit à un séjour de 90 jours aux Etats-Unis. Je rencontre souvent des clients qui sont restés au-delà de cette période de 90 jours. La loi dit expressément que si quelqu'un passe plus de 180 jours en statut illégal et qu'il quitte les Etats-Unis, il lui sera interdit de retourner sur le sol américain pendant trois ans. Si quelqu'un a plus d'un an de présence illégale et part des Etats-Unis, il lui sera interdit de retourner sur le sol américian pendant 10ans. (Il existe des exceptions mais ce serait l'objet d'un autre article.)

 

            J'ai demandé quelle était la position de l'ambassade envers quelqu'un qui serait resté en présence illégale moins de 180 jours. Quel effet aurait-ce sur le processus du visa? (C'était une question que je me posais depuis de nombreuses années mais c'était la première fois que j'avais en fait l'occasion de poser la questions aux individus responsables.)

 

            Une fois de plus, la réponse n’a pas été définitive. Les demandes sont décidées au cas par cas. Ainsi, quelques semaines de présence illégale aux Etats-Unis ne seront pas forcément fatales. Selon mon expérience en tant qu'avocat d'immigration, j'ai souvent constaté que la plupart des cas d'immigration, que ce soit pour des demandes de E-2 devant un officier consulaire ou des demandes d'asile devant un juge d'immigration sont toutes décidées au cas par cas. Le système fait que le succès du cas dépend souvent de qui est le juge et de nombreux autres facteurs que les seuls mérites du cas. Un cas refusé par un officier pourrait très bien avoir été approuvé par un autre officier.

 

            Le plus important à retenir, c'est que si vous allez présenter une demande pour un visa E-2, elle devrait être préparée comme il faut, bien documentée, contenir un bon business plan, et convaincre les officiers consulaires que vous voulez vraiment le business et n'êtes pas simplement en train de créer une corporation ou une entreprise pour obtenir un visa. 
 

Curtis Pierce, Esq. est un Spécialiste Certifié en Immigration et Loi de la Nationalité par le State Bar of California Board of Legal Specialization. Il a défendu avec succès plusieurs cas devant la Ninth Circuit Court of Appeals, dont Lopez v. INS, 184 F. 3d 1097 (9th Cir. 1999), Cardenas v. INS, 294 F.3d 1062 (9th. Cir. 2002) and Hoxha v. Ashcroft, 319 F.3d 1179 (9th Cir. 2003).  Il est diplômé de Loyola Law School et a complété ses premières années d’étude à UCLA. De 1992 à 1995, il a enseigné le droit constitutionnel à l’Université de Paris-1. Le site de son cabinet peut être consulté sur  www.cpvisa.com.           

 

PROCESSING TIMES & CASE STATUS  

 

Processing Times

·  To view processing times and your case status, click one of the links below to connect to the correct U.S. Citizenship and Immigration Services information page.

·  California Service Center ·  Nebraska Service Center ·  Texas Service Center ·  Vermont Service Center 

 


Case Status Service Online

If you have an application receipt number, you can use the Internet to check the status of your case with the USCIS.

https://egov.uscis.gov/cris/jsps/index.jsp

 


 

The IMMIGRATION LAW E-NEWSLETTER is free. 

It is published by the Law Offices of Curtis Pierce, 213-327-0044, www.cpvisa.com.

 

Disclaimer:  The information contained in this newsletter is analysis and commentary of a general nature.  Nothing in this newsletter applies to a specific case nor does it constitute legal advice. 

 

Schedule appointment:  For legal advice on your case, please schedule an appointment with Curtis Pierce, Certified Specialist, Immigration & Nationality Law, The State Bar of California Board of Legal Specialization.

 

“The only title in our democracy superior to that of President (is) the title of citizen”.

Former Supreme Court Justice Louis Brandeis.   (In the case Ng Fung Ho v. White, 259 U.S. 276, 284 (1922), Justice Brandeis wrote that deportation can deprive an individual of "life, or of all that makes life worth living.")

 

 

IMMIGRATION LAW E-NEWSLETTER

 

 

curtis f.pierce

Attorney At Law

certified specialist, immigration & nationality law

the state bar of california board of legal specialization

THE PACIFIC CENTER

523 WEST SIXTH STREET, SUITE 348

LOS ANGELES, CALIFORNIA 90014

tel (213) 327-0044
FAX  (213) 327-0066

 

email: curtis.pierce@cpvisa.com
website:  http://www.cpvisa.com/

 

 

 

Curtis F. Pierce Attorney At Law Certified Specialist, Immigration & Nationality Law The State Bar of California Board of Legal Specialization 523 West Sixth Street, Suite 348 Los Angeles, CA 90014 Tel: 213 327 0044 Fax. 213 327 0066 www.cpvisa.com

 

PIERCE'S IMMIGRATION LAW E-NEWSLETTER is free.  It is published by the Law Offices of Curtis Pierce, Certified Specialist, Immigration & Nationality law, The State Bar of California Board of Legal Specialization.  If you do not wish to continue receiving this monthly e-newsletter on immigration law, please click "Leave mailing list" on the bottom of this page.  http://www.cpvisa.com/.  (213) 327-0044 

CURTIS PIERCE NAMED CALIFORNIA SUPER LAWYER FOR THE THIRD CONSECUTIVE YEAR.  

Curtis Pierce was honored by Super Lawyers Magazine as one of the top 5% of attorneys in California.  Super Lawyers are chosen by their peers and through independent research.  Mr. Pierce has been chosen for the years 2008, 2007, and 2006. 

 

 

IMMIGRATION NEWS & INFORMATION

IMMIGRATION EDUCATION    

PROCESSING TIMES & CASE STATUS

 

IMMIGRATION NEWS & INFORMATION  

 

FEDERAL JUDGE HALTS DHS REGULATION ON NO-MATCH LETTERS.  ADMINISTRATION'S LATEST ATTEMPT AT IMMIGRATION WORKSITE IS ON HOLD FOR NOW.

 

On Wednesday, October 10, 2007, U.S. District Judge Charles Breyer issued a preliminary injunction against the Department of Homeland Security's (DHS) No-Match regulation that would force companies to either resolve within 90 days discrepancies between a worker’s name and Social Security number or fire the employee.

The administration is attempting to step up worksite enforcement by cracking down on employers who knowingly hire undocumented workers using the "No Match" Rule.  In short, information on employee records must match records of the Social Security Administration (SSA) and the Department of Homeland Security.   Otherwise, the employer receives a "No Match Letter".  The employer has ninety-three days to re-verify the information, once notified.  If the employer is not able to do so, his recourse is to terminate employment or to continue employment and to risk civil and criminal sanctions from DHS.

 

Employers argue that legitimate clerical errors often occur.  For example, a middle name and surname can be inverted on the records submitted by the employer and can result in a "no match" with the Social Security Administration.  Good faith efforts to correct an error may take more than ninety-three days, in some instances.  Hence, the employer is left with a dilemma.  The employer risks a potential lawsuit from a terminated employee or legal action from the government if the employment is not terminated.

 

Judge Breyer’s ruling freezes a mailing of so-called “no-match” packets that were to be sent in September to 140,000 employers and would have affected 8 million employees.

In addition to the normal Social Security Administration's no-match letter, the mailing was to include guidance from DHS explaining that under the new regulation, a company’s failure to act on a no-match letter could be construed as a violation of immigration law.  If an employer follows the regulation's guidance in good faith, which entails various steps to rectify the no-match within 90 days of receiving the letter, U.S. Immigration and Customs Enforcement will not use the letter as evidence in an enforcement action against the employer.   However, if the company does nothing to resolve the problem it can be held liable for employing an unauthorized worker and could face stiff penalties or sanctions.

Companies currently aren’t compelled to clear up inconsistencies. Mismatches occur in about 4 percent of the 250 million earnings reports submitted annually to the Social Security Administration.

Business and labor groups filed a lawsuit against the DHS rule in late August, which led to a temporary restraining order in early September. The plaintiffs persuaded Judge Breyer, who serves on the federal district court for Northern California, that the DHS rule would cause significant harm to employers and workers.  They argued that DHS did not calculate the compliance costs that would be foisted on businesses. They also asserted that millions of mistakes in the Social Security database would create havoc in the labor market and lead to discrimination against immigrants—even legal ones.

“As demonstrated by the plaintiffs, the government’s proposal to disseminate no-match letters affecting more than eight million workers will, under the mandated time line, result in the termination of employment to lawfully employed workers,” Breyer wrote in his opinion.

DHS Secretary Michael Chertoff said that the government would consider appealing the decision and vowed to maintain work-site crackdowns.  “We will continue to aggressively enforce our immigration laws while reviewing all legal options available to us in response to this ruling,” Chertoff said in a statement.

The October 10, 2007 statement issued by Chertoff summarized the goal of the DHS's present course of action. 
"Ultimately, employer diligence will make it more difficult for illegal aliens to use a fraudulent social security number to get a job".

U.S. Immigration and Customs Enforcement (ICE) has expanded criminal investigations against employers who knowing hire undocumented workers.  Arrests of employers have increased from 24 in FY 1999 to 716 in 2006.  The numbers for the current year are more striking.  Arrests number 742 from the beginning of FY 2007 (through July 31).

 

Given stepped up enforcement procedures, what is an employer to do?  How can an employer reduce the number of mismatched social security numbers from applicants?  E-Verify, the Federal Electronic Employment Verification System is one option.  In fact, federal contractors and vendors are required to use E-Verify. 

E-Verify (formerly known as the Basic Pilot/Employment Eligibility Verification Program) is an Internet-based system operated by the Department of Homeland Security in partnership with the Social Security Administration that allows participating employers to electronically verify the employment eligibility of their newly hired employees.

E-Verify is free and voluntary and is the best means available for determining employment eligibility of new hires and the validity of their Social Security Numbers.  The E-Verify program will be launching new and exciting changes later next month, such as photo screening features and online resources for employees.

 

For more information on the Administration's initiative, see the August 10, 2007 White House Press Release:  Improving Border Security and Immigration Within Existing Law.

http://www.whitehouse.gov/news/releases/2007/08/20070810.html

 

For more information on E-Verify, the Interbased system operated by DHS, please see:

http://www.dhs.gov/ximgtn/programs/gc_1185222483635.shtm

 

The complaint that led to the injunction be found at: 
www.nilc.org/immsemplymnt/SSA_Related_Info/suit_complaint.pdf   

 

The order issued by Judge Chesney can be found at: 
www.nilc.org/immsemplymnt/SSA_Related_Info/Chesney_Order_TRO.pdf

 

 

2009 DIVERSITY VISA LOTTERY:  APPLICATION PERIOD IS FROM OCTOBER 3, 2007 TO DECEMBER 2, 2007.

 

IMPORTANT NOTE FOR DV-2009:  ALL APPLICATIONS MUST BE ELECTRONICALLY SUBMITTED. NO PAPER ENTRIES WILL BE ACCEPTED.  

WHAT IS THE  DIVERSITY VISA LOTTERY? 
 
Each year, the Diversity Lottery (DV) Program makes 55,000 immigrant visas available through a lottery to people who come from countries with low rates of immigration to the United States. The State Department (DOS) holds the lottery every year, and randomly selects approximately 110,000 applicants from all qualified entries.  If you receive a visa through the Diversity Visa Lottery Program you will be authorized to live and work permanently in the United States. You will also be allowed to bring your spouse and any unmarried children under the age of 21 to the United States.

WHO MAY PARTICIPATE IN THE 2009 DIVERSITY VISA LOTTERY? 

1.  You or your spouse must be a native of a country that is eligible to participate in the Diversity Visa Lottery. You may also be eligible to apply if your parent was born in a country that is eligible to participate. The State Department has published a list of countries by region whose natives qualify.  See the following link:

http://travel.state.gov/pdf/2009DVInstructions.pdf

See Page 13 of document on website.

 

2. You must have a high school diploma or the equivalent, defined in the United States as successful completion of a 12-year course of elementary and secondary education; OR you must have two years of work experience within the last five years in an occupation that requires at least two years of training or experience to perform.  

ARE NATIVES OF ALL COUNTRIES ELIGIBLE TO APPLY FOR THE 2009 DIVERSITY  VISA LOTTERY?

No.  For DV-2009, natives of the following countries are not eligible to apply because they sent a total of more than 50,000 immigrants to the U.S. over the period of the previous five years: BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, ECUADOR, EL SALVADOR, GUATEMALA, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PHILIPPINES, PERU, POLAND, RUSSIA, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM. Persons born in Hong Kong SAR, Macau SAR and Taiwan are eligible.         

If you have any questions about eligibility, please contact the Law Offices of Curtis Pierce

WHEN CAN I ENTER THE DV-2009 LOTTERY? 

Entries for the DV-2009 Diversity Visa lottery must be submitted electronically between noon Eastern Daylight Time (EDT) (GMT-4), Wednesday, October 3, 2007 and noon Eastern Standard Time (EST) (GMT-5) Sunday, December 2, 2007.  Applicants may access the electronic Diversity Visa entry form at http://www.dvlottery.state.gov/ during the registration period.

Paper entries will not be accepted. Applicants are strongly encouraged not to wait until the last week of the registration period to enter. Heavy demand may result in website delays. No entries will be accepted after noon EST on December 2, 2007.

HOW DO I ENTER THE DV-2009 LOTTERY?

THERE IS ONLY ONE WAY TO ENTER THE DV-2009 LOTTERY. This is important to note.  You must submit an Electronic Diversity Visa Entry Form (E-DV Entry Form), which is accessible only at www.dvlottery.state.gov.   

 

Beware of anyone trying to sell you any paper application forms.  Paper forms are not accepted and all applications procedures must be submitted electronically. Failure to complete the form in its entirety will disqualify the entry.

 

CAN A HUSBAND AND WIFE EACH SUBMIT AN ENTRY?

 

Yes, a husband and a wife may each submit one entry if each meets the eligibility requirements.  If either were selected, the other would be entitled to derivative status.

 

WHAT FAMILY MEMBERS MUST I INCLUDE ON MY DIVERSITY VISA ENTRY?

On your entry you must list your spouse, that is husband or wife, and all unmarried children under 21 years of age, with the exception of children who are already U.S. citizens or Legal Permanent Residents. You must list your spouse even if you are currently separated from him/her, unless you are legally separated (i.e. there is a written agreement recognized by a court or a court order). If you are legally separated or divorced, you do not need to list your former spouse. You must list ALL your children who are unmarried and under 21 years of age, whether they are your biological children, your spouse’s children, or children you have formally adopted in accordance with the laws of your country, unless such child is already a U.S. citizen or Legal Permanent Resident. List all children under 21 years of age even if they no longer reside with you. 

ARE THERE ANY CHANGES OR NEW REQUIREMENTS IN THE APPLICATION PROCEDURES FOR THIS DIVERSITY VISA REGISTRATION?

Yes.  All DV-2009 lottery entries must be submitted electronically at www.dvlottery.state.gov during the registration period. No paper entries will be accepted. We have repeated this point several times in this article for emphasis.  All applications must be submitted electronically.

 

Several questions and options for answers have been added to DV-2009 to gather additional information.                       

 • Country where you live today?                        

 • What is the highest level of education you have achieved, as of today? You must choose one of the ten options indicating the highest level of education you have achieved: (1) Primary school only, (2) High school, no degree, (3) High school degree, (4) Vocational school, (5) Some university courses, (6) University degree, (7) Some graduate level courses, (8) Master degree, (9) Some doctorate level courses, and (10) Doctorate degree.                        

 • “Legally Separated” replaces the term “Separated” used in previous DV programs as an option under the question “What is your marital status?” Legal separation means that a court has formally declared that you and your spouse are legally separated. Legal separation means that your spouse would not be eligible to immigrate as your derivative.  

 

BE AWARE OF POSSIBLE FRAUD

In the age of computer technology, fraud abounds.  Be on the lookout.  Imposter or fraudulent websites may try to mislead customers and members of the public into thinking they are official websites. These websites may attempt to require you to pay for services such as forms and information about immigration procedures, which are otherwise free on the Department of State Visa Services Website, or overseas through the Embassy Consular Section Websites.

 

Additionally, these websites may require you to pay for services you will not receive. These websites may contact you by e-mail to lure you to their offer. Additionally, be wary of sending any personal information that might be used for identity fraud/theft to these websites.

 

There have been instances of fraudulent websites posing as official U.S. Government sites. Some companies posing as the U.S. Government have sought money in order to "complete" lottery entry forms.  Again, if you have any questions about which websites are legitimate, please contact the Law Offices of Curtis Pierce.

 

HOW WILL I BE NOTIFIED IF I AM SELECTED?

Applicants selected in the Diversity Visa random drawing are notified by the Department of State, Kentucky Consular Center, by letter, NOT by e-mail and are provided instructions on how to proceed to the next step in the process.  No other organization or company is authorized by the Department of State to notify Diversity Visa lottery applicants of their winning entry.


 

WILL I BE REQUIRED TO PAY FEES IF I WIN THE DIVERSITY VISA LOTTERY?

Remember, there is no fee for simply entering the Diversity Visa Lottery.   If you win, you must pay a fee for an immigrant visa and a separate visa lottery surcharge. 

 

DREAM ACT WILL NOT BECOME A REALITY ANYTIME SOON:  CLOTURE VOTE IN SENATE FAILED ON 10/24/07 

 

A cloture vote on the DREAM Act (S. 2205) failed in the U.S. Senate on 10/24/07.  The Development, Relief and Education for Alien Minors (DREAM) Act addresses the plight of young people who grew up in the United States and have graduated from U.S. high schools but whose future is circumscribed by current immigration laws.  Under current law, these young people generally derive their immigration status solely from their parents, and when the parents are undocumented or have no immigration status, their children have no mechanism to obtain legal residency.   Under the proposal, men and women who fulfilled several conditions -- they had to be under 30, had to have been brought into the country illegally before they were 16, had to have been in the United States for at least five years and had to be graduates of U.S. high schools -- would have been given conditional legal status. If they went on to complete two years of college or two years of military service, they would have been eligible for permanent residency.

 

The American Immigration Lawyers Association had harsh words for the Senate in a statement released on October 24, 2007 calling the vote against cloture "heartlessness and gutlessness".

 

Further, the AILA statement asserted that ".....the Senate voted today to quash the dreams and aspirations of hundreds of thousands of American students.  The 52-44 vote in favor of proceeding to debate on the DREAM Act (S. 2205) fell eight votes short of the necessary 60 vote threshold. That eight-vote shortfall means a generation of American kids will remain stranded at the schoolhouse door. And while the vote is a nightmare for children, families, educators, and military recruiters throughout the country, it will also haunt the long-term political fortunes of those Senators standing on the wrong side of justice." (Source:  AILA Document # 07102470, http://www.aila.org/)

 

Cloture is the only procedure by which the Senate can vote to place a time limit on consideration of a bill, and therefore, overcome a filibuster.  Failure to reach cloture means that the bill will not move forward at the present time. 


 ATTENTION EMPLOYERS:  NEW I-9 FORM IS IMMINENT. 

 

A liaison for the American Immigration Lawyers Association (AILA) has learned that the Department of Homeland Security (DHS) has decided to move forward with a new I-9 form and employer handbook at this time, perhaps as early as the week of November 5.  Instead of publishing a new regulation now, which we understand had been the original plan, DHS will go forward now with an I-9 based on the 1997/98 regulations, and then will publish a new regulation, with a newer I-9 form, in 2008.  (Source:  AILA Info Net Document # 07103162, http://www.aila.org/) 

  

 

IMMIGRATION EDUCATION

 

 AN OPTION FOR NATURALIZATION THROUGH MILITARY SERVICE:  NEW FACT SHEET FROM THE USCIS

Even if the dreams of young people with no current immigration status cannot be achieved through the DREAM Act, naturalization through military service is another option.  Members and current veterans of the US armed forces are eligible to apply for US citizenship under provision of the Immigration and Nationality Act (INA).  The processed has been streamlined for active duty or recently discharged members of the military.  For details about qualification and application, see the following link for the new fact sheet from the United States Citizenship and Immigration Service (USCIS)  or contact the Law Offices of Curtis Pierce.

 http://www.uscis.gov/files/pressrelease/MilitaryNatz102407.pdf

PROCESSING TIMES & CASE STATUS  

 

Processing Times

·  To view processing times and your case status, click one of the links below to connect to the correct U.S. Citizenship and Immigration Services information page.

·  California Service Center ·  Nebraska Service Center ·  Texas Service Center ·  Vermont Service Center 

 


Case Status Service Online

If you have an application receipt number, you can use the Internet to check the status of your case with the USCIS.

https://egov.uscis.gov/cris/jsps/index.jsp

 


 

The IMMIGRATION LAW E-NEWSLETTER is free. 

It is published by the Law Offices of Curtis Pierce, 213-327-0044, www.cpvisa.com.

 

Disclaimer:  The information contained in this newsletter is analysis and commentary of a general nature.  Nothing in this newsletter applies to a specific case nor does it constitute legal advice. 

 

Schedule appointment:  For legal advice on your case, please schedule an appointment with Curtis Pierce, Certified Specialist, Immigration & Nationality Law, The State Bar of California Board of Legal Specialization.

 

“The only title in our democracy superior to that of President (is) the title of citizen”.

Former Supreme Court Justice Louis Brandeis.   (In the case Ng Fung Ho v. White, 259 U.S. 276, 284 (1922), Justice Brandeis wrote that deportation can deprive an individual of "life, or of all that makes life worth living.")

 

 

IMMIGRATION LAW E-NEWSLETTER

 

 

curtis f.pierce

Attorney At Law

certified specialist, immigration & nationality law

the state bar of california board of legal specialization

THE PACIFIC CENTER

523 WEST SIXTH STREET, SUITE 348

LOS ANGELES, CALIFORNIA 90014

tel (213) 327-0044
FAX  (213) 327-0066

 

email: curtis.pierce@cpvisa.com
website:  http://www.cpvisa.com/

 

 

 

Curtis F. Pierce Attorney At Law Certified Specialist, Immigration & Nationality Law The State Bar of California Board of Legal Specialization 523 West Sixth Street, Suite 348 Los Angeles, CA 90014 Tel: 213 327 0044 Fax. 213 327 0066 www.cpvisa.com

 

 

PIERCE'S IMMIGRATION LAW E-NEWSLETTER
“Informative * Innovative * Interesting”
WWW.CPVISA.COM
 
October 2007, Vol. IX. 

CURTIS PIERCE NAMED CALIFORNIA SUPER LAWYER FOR THE THIRD CONSECUTIVE YEAR.  

Curtis Pierce was honored by Super Lawyers Magazine as one of the top 5% of attorneys in California.  Super Lawyers are chosen by their peers and through independent research.  Mr. Pierce has been chosen for the years 2008, 2007, and 2006. 

IMMIGRATION NEWS & INFORMATION

IMMIGRATION ITEMS OF INTEREST   

IMMIGRATION EDUCATION    

PROCESSING TIMES & CASE STATUS

 

IMMIGRATION NEWS & INFORMATION  

 

ADMINISTRATION CRACKS DOWN ON EMPLOYERS WHO KNOWINGLY HIRE UNDOCUMENTED WORKERS USING "NO MATCH" RULE.  FEDERAL JUDGE EXTENDS TRO.

After a hearing on October 2, 2007, a federal judge extended for 10 days an order that temporarily stops the government from implementing a new Department of Homeland Security (DHS) rule. The judge's order also stops the Social Security Administration (SSA) from beginning to send notices to approximately 140,000 employers across the country notifying them of the new rule, which would impact approximately eight million workers.

 

"We are pleased that the judge saw the need to continue to block this rule that would lead to increased exploitation of workers," said John Sweeney, president of the AFL-CIO.  "More than 70 percent of SSA discrepancies refer to U.S. citizens, but the DHS regulation would encourage employers to fire any worker based on these erroneous discrepancies, especially if she has an accent or is perceived to be foreign born."

The background of the "No Match" rule is this.  The administration is stepping up worksite enforcement by cracking down on employers who knowingly hire undocumented workers using the "No Match" Rule.  In short, information on employee records must match records of the Social Security Administration (SSA) and the Department of Homeland Security (DHS).   Otherwise, the employer receives a "No Match Letter".  The employer has ninety-three days to re-verify the information, once notified.  If the employer is not able to do so, his recourse is to terminate employment or to continue employment and to risk civil and criminal sanctions from DHS.

 

On August 31st, a federal judge issued an order temporarily blocking the government from implementing this new  rule.  Judge Maxine Chesney's order also stopped the Social Security Administration (SSA) from beginning to send notices on Tuesday to approximately 140,000 employers across the country notifying them of the new rule, which would impact approximately eight million workers. 

 

The order came as a result of a lawsuit filed by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), the American Civil Liberties Union, the National Immigration Law Center (NILC), and the Central Labor Council of Alameda County, along with other local labor movements.  A hearing on the groups' request to permanently bar the implementation of the DHS rule is scheduled for October 1 before U.S. District Court Judge Charles Breyer.

 

Employers argue that legitimate clerical errors often occur.  For example, a middle name and surname can be inverted on the records submitted by the employer and can result in a "no match" with the Social Security Administration.  Good faith efforts to correct an error may take more than ninety-three days, in some instances.  Hence, the employer is left with a dilemma.  The employer risks a potential lawsuit from a terminated employee or legal action from the government if the employment is not terminated.

 

The President of the American Immigration Lawyers Association (AILA) is quoted saying that, "Stepping into the vacuum created by Congress' inability to enact workable comprehensive immigration reform, the Administration ramped up its enforcement arsenal today, leaving many employers between a rock and hard place...The real solution, recognized by the Administration, is comprehensive immigration reform."

 

U.S. Immigration and Customs Enforcement (ICE) has expanded criminal investigations against employers who knowing hire undocumented workers.  Arrests of employers have increased from 24 in FY 1999 to 716 in 2006.  The numbers for the current year are more striking.  Arrests number 742 from the beginning of FY 2007 (through July 31).

 

Given stepped up enforcement procedures, what is an employer to do?  How can an employer reduce the number of mismatched social security numbers from applicants?  E-Verify, the Federal Electronic Employment Verification System is one option.  In fact, federal contractors and vendors are required to use E-Verify. 

E-Verify (formerly known as the Basic Pilot/Employment Eligibility Verification Program) is an Internet-based system operated by the Department of Homeland Security in partnership with the Social Security Administration that allows participating employers to electronically verify the employment eligibility of their newly hired employees.

E-Verify is free and voluntary and is the best means available for determining employment eligibility of new hires and the validity of their Social Security Numbers.  The E-Verify program will be launching new and exciting changes later next month, such as photo screening features and online resources for employees.

For more information on the Administration's initiative, see the August 10, 2007 White House Press Release:  Improving Border Security and Immigration Within Existing Law.

http://www.whitehouse.gov/news/releases/2007/08/20070810.html

 

For more information on E-Verify, the Interbased system operated by DHS, please see:

http://www.dhs.gov/ximgtn/programs/gc_1185222483635.shtm

 

The complaint that led to the injunction be found at: 
www.nilc.org/immsemplymnt/SSA_Related_Info/suit_complaint.pdf   

 

The order issued by Judge Chesney can be found at: 
www.nilc.org/immsemplymnt/SSA_Related_Info/Chesney_Order_TRO.pdf

 

 

NEW LIFE FOR THE DREAM ACT?:  DREAM ACT INTRODUCED IN SEPTEMBER 2007 AS AMENDMENT TO H.R. 1585.  PODCAST ABOUT THE DREAM ACT AVAILABLE.

 

Senator Richard Durbin, D-Ill.  introduced the DREAM ACT (Development, Relief, Education of Alien Minors) as an amendment to a Defense Department authorization bill for fiscal year 2008.  The purpose of the DREAM ACT is to give young people who were illegally brought to the U.S. as minors a chance to become U.S. citizens. 

The DREAM Act would provide a path to legality for persons brought illegally to the United States by their parents or guardians as children, or whose parents attempted to immigrate legally but were then denied legality after several years in application, and whose children thus derived their legal status solely from their parents (the child also becoming illegal upon the parent's denial).

To qualify, the immigrant student would have to meet certain requirements such as:

  • Proof of having arrived in the United States at age 15 or younger;
  • Proof of residence in the United States for a least five (5) consecutive years since their date of arrival.
  • Having graduated from an American High School, or obtained a GED.
  • "Good moral character," essentially defined as the absence of a significant criminal record (or any drug charges whatsoever).

An estimated 65,000 immigrant students who meet these requirements graduate from high school each year.

Immigrants who meet the above requirements would be eligible to apply for a temporary six (6) year "conditional" residence permit which would allow them to live legally in the United States, obtain driver's licenses, attend college as in-state residents, work legally (including obtaining a social security number), and apply for special travel documents which would allow for travel outside of the country for limited amounts of time.   

POD CAST AVAILABLE:  Senator Dick Durbin discusses the DREAM ACT in a podcast.  To listen to that pod cast, click the link below.

http://durbin.senate.gov/watchClip.cfm?clipId=821a1416-0ef4-407c-9f96-0b2637ee5783

 

A version of the bill, though not yet called the "DREAM Act", was introduced during the 107th Congress in 2001 in the House and Senate.   The text of the bill has also been placed in various other immigration-related bills (none yet successful), including the Comprehensive Immigration Reform Act of 2006 (S. 2611) and the Comprehensive Immigration Reform Act of 2007 (S. 1348).

 

LETTER FROM 13 GOVERNORS SUPPORTS RAISING H-1B CAP. 

In spite of the failure of comprehensive immigration reform, certain issues remain alive, such as the need to increase the H1-B cap.  California's Arnold Schwarzenegger, Deval Patrick of Massachusetts, and New York's Eliot Spitzer, were among thirteen governors who signed a Sept. 11, 2007 letter to Senate Majority Leader Harry Reid, House Speaker Nancy Pelosi, Senate Minority Leader Mitch McConnell and House Minority Leader John Boehner urging them to raise the cap on the number of H1-B visas. 

The H-1B Visa is for foreign professionals with specialized knowledge such as scientists, hi-tech professionals, engineers, and management consultants.  The thirteen governors  wrote that the current base of 65,000 H-1Bs was arbitrarily set  in 1990 and does not meet the demands of today's economy for skilled professionals.

This is an issue of interest to employers, since the H1-B is employer specific.  The H-1B petition must be filed by the employer requesting permission for the alien professional to work temporarily in the United States.  The beneficiary employee may only work for the employer that was approved on the petition unless a transfer is arranged.

 For the entire text of the letter, see http://www.aila.org/Content/default.aspx?docid=23290

 

 


 LIBERIANS GRANTED DEFERRED ENFORCED DEPARTURE. 

 

On September 12, 2007,  President George W. Bush issued a Memorandum directing the Secretary of Homeland Security, Michael Chertoff, to defer the enforced departure for 18 months, until March 31, 2009, of any qualified Liberian national (or person without nationality who last habitually resided in Liberia) who is currently present in the United States and who is under a grant of Temporary Protected Status (TPS) as of September 30, 2007.  The President also directed that the Department of Homeland Security (DHS) take steps to implement continued employment authorization for these individuals during the 18-month DED period. U.S. Citizenship and Immigration Services (USCIS) will be issuing a Federal Register notice very soon that will provide details regarding the extension of employment authorization until March 31, 2009 for individuals who are eligible for Liberian DED, including further details regarding Employment Authorization Documents (EADs) and information for employers. The notice, as well as an updated Fact Sheet and updated Questions and Answers will also be available on the USCIS website at www.uscis.gov. 

Deferred Enforced Departure (DED)
The authority to allow for deferred enforced departure (DED) of a class of aliens derives from the President’s constitutional powers to conduct foreign relations.  It is an authority exercised previously by President George W. Bush and by Presidents William J. Clinton and George H. W. Bush.  Although DED is not a specific immigration status, individuals covered by DED are not subject to enforcement actions to remove them from the United States, usually for a specific period of time.  TPS for Liberia is scheduled to terminate at 12:01 a.m. on October 1, 2007.  (See 71 FR 55000 (Sept. 20, 2006)).  TPS was originally granted for Liberia due to armed conflict and widespread civil strife.  That conflict ended in 2003, and conditions have improved such that TPS is no longer factually warranted.  While acknowledging the progress in Liberia, the President cited political and economic conditions in the country that justify deferring the enforced departure for 18 months of those individuals who have expiring TPS status.

Who is Covered?
Liberian nationals (or persons without nationality who last resided in Liberia) who are present in the United States under a grant of Temporary Protected Status (TPS) as of September 30, 2007, and who have continuously resided in the U.S. since October 1, 2002.  Currently, there are approximately 3,500 Liberians in the U.S. under TPS designation.

Who is Not Covered?
The President’s directive specifically states the following persons are ineligible for Liberian DED coverage:

  • Those ineligible for TPS (includes persons whose TPS status has been withdrawn);
  • Those whose removal is determined to be in the best interest of the U.S.;
  • Those whose presence or activities in the U.S. would have potentially serious adverse foreign policy consequences for the U.S.;
  • Those who voluntarily returned to Liberia;
  • Those who were deported, excluded or removed prior to the President’s announcement; and
  • Those subject to extradition. 

No Application or Registration Necessary
DED is automatic for qualified Liberians and persons without nationality who last resided in Liberia, regardless of age. 

Length of Coverage
The President’s Deferred Enforced Departure directive will cover eligible Liberians for 18 months:  from Oct. 1, 2007, to March 31, 2009.

Extension of Employment Authorization
For details on the implementation of the automatic extension of employment authorization through March 31, 2009 for individuals who are eligible for DED, the extension of certain TPS-related EADs previously issued to such individuals, and related matters, please refer to the Federal Register notice that USCIS will be publishing in the very near future regarding these subjects.  That Federal Register notice, and related Questions and Answers, will be available at www.uscis.gov.  Employers and individuals under DED are also reminded that any legally acceptable document or combination of documents described on the Form I-9, Employment Verification Form, may be presented as evidence of employment authorization and identity.

IMMIGRATION ITEMS OF INTEREST

 

BASICS FOR EMPLOYERS HIRING WORKERS FOR PERMANENT POSITIONS  

Hiring foreign workers for employment in the U.S. normally requires approval from several government agencies. In most instances, employers first seek labor certification from the U.S. Department of Labor (DOL). Once the application is certified by DOL (approved), the employer must petition the U.S Citizenship and Immigration Services (USCIS) for a visa. Approval of labor certificate does not guarantee a visa issuance. The Department of State (DOS) will issue an immigrant visa number to the foreign worker for U.S. entry. Applicants must also establish that they are admissible to the U.S. under the provisions of the Immigration and Nationality Act (INA).

The foreign labor certification process is the responsibility of the employer, not the employee.  This is a common misunderstanding on the part of employers. 

PERM Qualifying Criteria:

  • Applications filed on or after March 28, 2005, must be filed using the new PERM process and adhere to the new PERM Regulations
  • The employer must hire the foreign worker as a full-time employee;
  • There must be a bona fide job opening available to U.S. workers;
  • Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the worker's qualifications. In addition, the employer shall document that the job opportunity has been and is being described without unduly restrictive job requirements, unless adequately documented as arising from business necessity.
  • The employer must pay at least the prevailing wage for the occupation in the area of intended employment.

For more information, see Curtis Pierce's article PERM and Labor Certification for Dummies.  This article can be found on our website, www.cpvisa.com.  See Immigration Law Simplified and drop down for PERM and Labor Certification for Dummies.

 

IMMIGRATION EDUCATION

 

PROPOSED IMMIGRATION LEGISLATION:  HOW A BILL BECOMES A LAW

While we have devoted space this past year to the failed comprehensive immigration reform legislation and to the DREAM ACT, some readers may be fuzzy on the process of how a bill becomes a law. 

Introduction of Legislation

House - Legislation is handed to the clerk of the House.

Senate - Members must gain recognition of the presiding officer to announce the introduction of a bill during the morning hour.  If any senator objects, the introduction of the bill is postponed until the next day.

  • The bill is assigned a number. (e.g. HR 1 or S 1)
  • The bill is labeled with the sponsor's name.
  • The bill is sent to the Government Printing Office (GPO) and copies are made.
  • Senate bills can be jointly sponsored.
  • Members can cosponsor the piece of Legislation.

B.

Committee Action - The bill is referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. Most often, the actual referral decision is made by the House or Senate parliamentarian. Bills may be referred to more than one committee and it may be split so that parts are sent to different committees. The Speaker of the House may set time limits on committees. Bills are placed on the calendar of the committee to which they have been assigned. Failure to act on a bill is equivalent to killing it. Bills in the House can only be released from committee without a proper committee vote by a discharge petition signed by a majority of the House membership (218 members).

Committee Steps:

  1. Comments about the bill's merit are requested by government agencies.
  2. Bill can be assigned to subcommittee by Chairman.
  3. Hearings may be held.
  4. Subcommittees report their findings to the full committee.
  5. Finally there is a vote by the full committee - the bill is "ordered to be reported."
  6. A committee will hold a "mark-up" session during which it will make revisions and additions. If substantial amendments are made, the committee can order the introduction of a "clean bill" which will include the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded. The chamber must approve, change or reject all committee amendments before conducting a final passage vote.
  7. After the bill is reported, the committee staff prepares a written report explaining why they favor the bill and why they wish to see their amendments, if any, adopted. Committee members who oppose a bill sometimes write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar.
  8. In the House, most bills go to the Rules committee before reaching the floor. The committee adopts rules that will govern the procedures under which the bill will be considered by the House. A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. These rules can have a major impact on whether the bill passes.

C.

Floor Action

  1. Legislation is placed on the Calendar

House: Bills are placed on one of four House Calendars.  They are usually placed on the calendars in the order of which they are reported yet they don't usually come to floor in this order - some bills never reach the floor at all. The Speaker of the House and the Majority Leader decide what will reach the floor and when. (Legislation can also be brought to the floor by a discharge petition.)

Senate: Legislation is placed on the Legislative Calendar. There is also an Executive calendar to deal with treaties and nominations. Scheduling of legislation is the job of the Majority Leader. Bills can be brought to the floor whenever a majority of the Senate chooses.

  1. Debate

House: Debate is limited by the rules formulated in the Rules Committee. The Committee of the Whole debates and amends the bill but cannot technically pass it. Debate is guided by the Sponsoring Committee and time is divided equally between proponents and opponents. The Committee decides how much time to allot to each person. Amendments must be germane to the subject of a bill - no riders are allowed. The bill is reported back to the House (to itself) and is voted on. A quorum call is a vote to make sure that there are enough members present (218) to have a final vote. If there is not a quorum, the House will adjourn or will send the Sergeant at Arms out to round up missing members.

Senate: debate is unlimited unless cloture is invoked. Members can speak as long as they want and amendments need not be germane - riders are often offered. Entire bills can therefore be offered as amendments to other bills. Unless cloture is invoked, Senators can use a filibuster to defeat a measure by "talking it to death."

  1. Vote - the bill is voted on. If passed, it is then sent to the other chamber unless that chamber already has a similar measure under consideration. If either chamber does not pass the bill then it dies. If the House and Senate pass the same bill then it is sent to the President. If the House and Senate pass different bills they are sent to Conference Committee. Most major legislation goes to a Conference Committee.

D.

Conference Committee

  1. Members from each house form a conference committee and meet to work out the differences. The committee is usually made up of senior members who are appointed by the presiding officers of the committee that originally dealt with the bill. The representatives from each house work to maintain their version of the bill.
  2. If the Conference Committee reaches a compromise, it prepares a written conference report, which is submitted to each chamber.
  3. The conference report must be approved by both the House and the Senate.

E.

The President - the bill is sent to the President for review.

  1. A bill becomes law if signed by the President or if not signed within 10 days and Congress is in session.
  2. If Congress adjourns before the 10 days and the President has not signed the bill then it does not become law ("Pocket Veto.")
  3. If the President vetoes the bill it is sent back to Congress with a note listing his/her reasons. The chamber that originated the legislation can attempt to override the veto by a vote of two-thirds of those present. If the veto of the bill is overridden in both chambers then it becomes law.

F.

The Bill Becomes A Law - once a bill is signed by the President or his veto is overridden by both houses it becomes a law and is assigned an official number.

         

 

PROCESSING TIMES & CASE STATUS  

 

Processing Times

·  To view processing times and your case status, click one of the links below to connect to the correct U.S. Citizenship and Immigration Services information page.

·  California Service Center ·  Nebraska Service Center ·  Texas Service Center ·  Vermont Service Center 

 


Case Status Service Online

If you have an application receipt number, you can use the Internet to check the status of your case with the USCIS.

https://egov.uscis.gov/cris/jsps/index.jsp

 


 

The IMMIGRATION LAW E-NEWSLETTER is free. 

It is published by the Law Offices of Curtis Pierce, 213-327-0044, www.cpvisa.com.

 

Disclaimer:  The information contained in this newsletter is analysis and commentary of a general nature.  Nothing in this newsletter applies to a specific case nor does it constitute legal advice. 

 

Schedule appointment:  For legal advice on your case, please schedule an appointment with Curtis Pierce, Certified Specialist, Immigration & Nationality Law, The State Bar of California Board of Legal Specialization.

 

“The only title in our democracy superior to that of President (is) the title of citizen”.

Former Supreme Court Justice Louis Brandeis.   (In the case Ng Fung Ho v. White, 259 U.S. 276, 284 (1922), Justice Brandeis wrote that deportation can deprive an individual of "life, or of all that makes life worth living.")

 

 

IMMIGRATION LAW E-NEWSLETTER

 

 

curtis f.pierce

Attorney At Law

certified specialist, immigration & nationality law

the state bar of california board of legal specialization

THE PACIFIC CENTER

523 WEST SIXTH STREET, SUITE 348

LOS ANGELES, CALIFORNIA 90014

tel (213) 327-0044
FAX  (213) 327-0066

 

email: curtis.pierce@cpvisa.com
website:  http://www.cpvisa.com/

 

 


 

 

CPVISA.COM NEWSLETTER
“Informative * Innovative * Interesting”
September 2007, Vol. VIII. 

The CPVISA.COM NEWSLETTER, published by the Law Offices of Curtis Pierce, is free.  If you would like receive this newsletter, please go to our home page and provide your email address and click "submit."

IMMIGRATION NEWS & INFORMATION

IMMIGRATION ITEMS OF INTEREST   

IMMIGRATION EDUCATION    

PROCESSING TIMES & CASE STATUS

IMMIGRATION NEWS & INFORMATION  

DRAMATIC REVERSAL BY USCIS: EMPLOYMENT BASED 1-485 FILING

GRANTED THROUGH AUGUST 17, 2007.

In a dramatic reversal of the July 2, 2007 Revised Visa Bulletin, the USCIS announced that it will accept EB (employment based) applications to adjust status for applicants whose priority dates are current under the original July Visa Bulletin (number 107).  USCIS will accept application filed by August 17, 2007. 

The U.S. Department of State (DOS) is withdrawing the infamous July 2, 2007 revised Visa Bulletin so that the original July Visa Bulletin (number 107) remains in effect.  This bulletin shows availability for EB applicants (except those in the "other workers category) to file I-485s in July.

The current fee schedule will apply to applications filed under the original July Visa Bulletin.  However, the new fee schedule becomes effective July 30, 2007 and will apply to all other applications filed on or after July 30, 2007. 

We at the Law Offices of Curtis Pierce applaud the work of the American Immigration Law Foundation (AILF) which was prepared to file a lawsuit against USCIS and DOS for the July 2, 2007 issuance of a revised DOS Visa Bulletin   This revised bulletin would have disallowed thousands of skilled workers with approved labor certifications to file for employment based green cards after their priority dates were made current in the original July Visa bulletin.

DREAM ACT IS BACK IN SPITE OF THE DEATH OF COMPREHENSIVE IMMIGRATION REFORM

The DREAM Act is back in spite of the death of comprehensive immigration reform.  It is not a stand alone bill; rather, it is attached to the Defense Authorization bill (H.R. 1585).  The DREAM (Development, Relief, and Education for Alien Minors) Act is designed to provide relief for students with no immigration status because their status is legally derived from their parents.  These young people have grown up in the U.S. and have graduated from U.S. high schools, but their futures are limited.   

Senators Richard Durbin (D-IL), Chuck Hagel (R-NE), and Richard Lugar (R-IN) have offered the provisions of the DREAM Act as an amendment (SA 2237) to the Defense Authorization legislation. Like the stand-alone DREAM Act, this amendment would provide a six-year path to permanent residence for undocumented students and restore the authority of state governments to determine residency criteria for in-state tuition.

Readers who wish to support the bill should contact their senators and urge them to vote "yes" on the Durbin-Hagel-Lugar DREAM Amendment (SA 2237) to the Defense Authorization legislation ((H.R. 1585). 

CITY OF HAZELTON ORDINANCES RULED UNCONSTITUTIONAL

In 2006, Hazleton’s City Council enacted ordinances fining landlords who rent to undocumented immigrants and  suspending the business licenses of the companies that hire such immigrants.  But Thursday, July 27, 2007 a federal court sent a strong message that immigration is a federal issue, and the Pennsylvania city’s laws in question were unconstitutional and unenforceable.  The court found that Hazleton’s laws unfairly targeted everyone; workers, employers, tenants and landlords.

The significance of the decision places policies regarding immigration where they belong:  with the federal government.  The court reiterated: “Even if federal law did not conflict with Hazleton’s measures, the City could not enact an ordinance that violates rights the Constitution guarantees to every person in the United States, whether legal resident or not.”

 

IMMIGRATION ITEMS OF INTEREST

 

J VISAS FOR PROFESSORS, RESEARCHERS, AND SCHOLARS

 

DO VISITING SCHOLARS NEED A NON-IMMIGRANT VISA TO TEACH OR RESEARCH IN THE U.S.? 

Members of the academic profession coming to the United States to engage in usual academic activities such as lecturing, may travel on a B-1 visa or visa free under the Visa Waiver Program. Those who will receive an honorarium in addition to incidental expenses may still be eligible for the B-1 visa provided all of the following are met:

  • the activities will last no longer than nine days at a single institution;
  • the institution is a nonprofit research organization or a governmental research organization, or an institution of higher education, or a related or affiliated nonprofit entity;
  • such activities are conducted for the benefit of the institution or entity; and
  • the individual concerned has not accepted such payment or expenses from such institutions during the previous six month period. If the proposed activities are not exactly as described, an exchange visitor (J-1) or temporary work (H-1B) visa will be required.

The overall purpose of the Exchange Visitor program (J Visa), administered by the Department of State (DOS), is to increase mutual understanding through educational and cultural exchanges between the people of the U.S. and the people of other countries. Health Insurance - Exchange Visitors are required, as a condition of their J-1 status in the U.S., to carry health insurance for themselves and their accompanying family members in J status. By government regulation, minimum insurance coverage must provide the following:

  • $50,000 per accident or illness;
  • $ 7,500 for repatriation of remains;
  • $10,000 for medical evacuation to the home country;
  • a deductible (the amount you pay before the insurance begins to pay) not to exceed $500 per accident or illness;
  • co-insurance not to exceed 25% payable to the Exchange Visitor or sponsor;
  • a specific rating of the insurance carrier's ability to pay insurance claims.
Failure to comply with the government's health insurance regulation may result in termination of the Exchange Visitor's program.  Important Documents, Terms and Procedures
  • Visa - A visa is your permission to apply for entry into the U.S.. As long as the Exchange Visitor stays in the U.S., it does not matter if the visa has expired. There are several kinds of visas (e.g., F-1, F-2 J-1, J-2). The visa status of your dependents is usually linked to the type of visa you have.
  • DS-2019 - Certificate of Eligibility used to obtain your J-1 Exchange Visitor Visa.
  • I-94 (Arrival/Departure Record) - The small white card issued by the USCIS upon entry to the U.S.. It is normally stapled in your passport on the page opposite your visa. The I-94 is your permit to stay in the U.S.
  • Admission Number- Upon admission to the U.S., the immigration officer issues each Exchange Visitor a unique 11 digit admission number. The number is intended to keep track of the Exchange Visitor's arrivals, departures, permission to work, and other matters. This number is found on the I-94.
  • Duration of Status (D/S)- The Exchange Visitor's permission to stay is defined as "Duration of Status". It appears on the I-94 as D/S and relates to the expected date of program completion (check item #3 on the (DS-2019). Exchange Visitors must file for an extension of program at least one month before this date.
  • Length of Stay - The visiting professor, researcher or scholar on a J-1 Exchange Visitor visa is admitted to the U.S. for a specific period of time. The length of the Exchange Visitor's stay is determined by the dates recorded in item #3 of the Form DS-2019.
The maximum total period of time allotted scholars in Exchange Visitor status is five years. 
  • Program Transfer - If Exchange Visitors are transferring from another institution in the U.S., they must have an endorsement from the Responsible Officer at the former institution on the new DS-2019.
  • Travel and Re-entry to U.S. - Exchange Visitors leaving the U.S. for a temporary visit abroad must have the following documents in order to re-enter the U.S. in Exchange Visitor status:
  1. a valid passport 
  2. a valid visa.  
  3. a current Form DS-2019
  4. verification of financial support.
If you are traveling to a country other than your home country, you may need a visa to enter that country. You should call that country's embassy in Washington D.C. or visit www.travel.state.gov for more information.
  • Employment - Professors and research scholars may engage in occasional lectures and short-term consultations as long as they are incidental to the Exchange Visitor's primary program activities.
  • Employment of Dependents - Dependents of Exchange Visitors on J-1 visas entering the U.S. on J-2 visas may work after obtaining authorization from the USCIS if they demonstrate that funds earned from employment will not be used for the support of the J-1 Exchange Visitor. It generally takes the USCIS about two months to approve an employment authorization request.

IMMIGRATION EDUCATION

 

THE QUOTA SYSTEM:  How does it work?  How are visas allocated? 

 

In this section, we try to inform our readers about certain aspects of immigration law that are often misunderstood and cause confusion.  Because of the complex nature of immigration law, misconceptions abound, even among attorneys.

What is the quota system?

Immigration is usually a waiting game (in the perspective of some, a crying game).  The quota system regulates the number of non-citizens that become legal permanent residents (or Green Card holders) every fiscal year.  The fiscal year runs from October 1 of the previous year through September 30.  If  the quota has been exceeded in one category, it will remain unavailable until September 30.  That means waiting until a new quota becomes available on October 1. 

Has the U.S. always had a quota system?

In theory, the U.S. initially had an “open immigration policy”.  The Naturalization Act of 1790 imposed the first legal restriction on immigration.  This act established requirements for citizenship that excluded non-whites.

Have quotas been imposed of specific religious and ethnic groups?

In the first half of the nineteenth century, the nativist movement sought to limit the large number of Catholic immigrants streaming to American cities from Ireland and Germany during the 1830s through the 1860s.  Chinese immigration was restricted from 1882-1943 by the Chinese Exclusion Act until it was repealed in 1943.  The national origin quota of 1910 was designed to limit immigration to western and northern Europeans.  These are but three of many examples.

Why are quotas used?

Lawmakers limit immigration for reasons such as national security and economics.  For example, because of the threat of war, the Alien Registration Act of 1940 increased governmental powers to protect the country. 

What Does the Quota System Mean Today?

A limited number of non-citizens become legal permanent residents every year.  Whether a person is able to become a legal permanent resident will be, in part, controlled by whether he or she can satisfy the quota requirements. The statute exempts from the quota “immediate relatives” defined as the “children, spouses and parents” of a U.S. citizen; when a child petitions for his or her parent, he or she must be at least 21 years of age.

 

The system is divided into the following categories:

Family Based Quotas

The quota for family immigrants is set at 480,000 less the number of immediate relative visas issued, with a minimum of 226,000 reserved for non–immediate relatives.)

Employment Based Quotas

The quota for employment-based immigrants is limited to 140,000 visas plus the unused numbers from the family preferences.

Special Visas – Diversity Lottery

Immigrant visas under the diversity lottery are set at 55,000. Other limits are country-based.

Family-Based Immigrants

As noted above, the “immediate relative” category—spouses, parents, and children of U.S. citizens—is not subject to numerical limitations. Other relationships, which are subject to a quota system, are divided into family-based “preferences.”

The family preferences include four categories:

  • First Preference: unmarried sons and daughters of U.S. citizens;
  • Second Preference: spouses and children of LPRs (2A); and unmarried sons and daughters of LPRs (2B);
  • Third Preference: married sons and daughters of U.S. citizens;  and
  • Fourth Preference: brothers and sisters of U.S. citizens.

In all of the immigrant visa preference categories, only the primary beneficiary need establish the familial or employment relation; the person’s spouse and minor children are eligible to immigrate under the same preference, but the total number of visas issued for that family count against the annual quota.

Nationality Allocation

The quota system precludes the issuance of visas to nationals of any one country in excess of 25,600. This means there must be a way of allocating the visas by nationality as well as by the order in which the applications are received.

Employment Based Quotas The 1990 Immigration Act (IMMACT) marks the transition into the current system of immigration law, increasing the total number of employment-based visas to 140,000, distributing this number between priority workers (28.6%), professionals with advanced degrees and persons of exceptional ability (28.6%), skilled workers, professionals and other workers (28.6%) and special immigrants (7.1%). 

What is the July 2007 Visa Bulletin Fiasco?

The quota system has received renewed focus in the world of immigration law during July of 2007 because of  what some have called the “July 2007 Visa Bulletin Fiasco”.  Many immigration attorneys and petitioners were shocked and confused when the July 2007 Visa Bulletin was issued and employment based visas were announced as current in nearly category.  Then, as if the U.S. Department of State (DOS) waved a magic wand, it issued a revised July 2007 Visa Bulletin and no more visa numbers were available because the quotas had been filled.  

Priority Date

In addition to the nationality allocation, the availability of visas under the quota system is determined by the person’s “priority date.” A priority date is that date on which a person initially submitted documentation establishing eligibility for one of the preference categories under the immigrant visa system. 

Why Are Priority Dates so Important?

Since the early 1980s, there have been far more visa applicants than the available quota allows; thus the priority dates have an impact on the length of time it may take to immigrate.  An explanation of the use of the priority dates can be illustrated by the visa chart published by the Department of State (DOS). The visa charts are updated each month and can be found on DOS’s website at the link below:

http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html

 Do Quotas Apply to Family Members?

One central theme in U.S. immigration law is that of family unification. This was challenged in the recently defeated Senate bill.  Since the proposed comprehensive immigration reform bill, S. 1639 died in the Senate in 2007, the policy of family unification has not been changed. 

 

Currently, the INA provides for the immigration of dependent family members who are either “accompanying” or “following to join” the primary immigrant under the same immigrant visa preference category and priority date.  A person is considered to be “accompanying” if he or she immigrates within six months of the primary beneficiary’s immigration; otherwise, the individual is considered “following to join.”

 

In order for an individual to be able to immigrate as a “following to join” dependent under the same immigrant category and priority date as the primary beneficiary, he or she must either be the primary beneficiary’s spouse or child as defined in the INA.  The following to join rules also allow dependent family members to charge the country quotas that would be most advantageous for assuring family unity.

 

For example, Sven, a native and citizen of Sweden, immigrated to the United States in January 2000, as a married son of a U.S. citizen. If, when he came to the United States, he was unable to bring his spouse and child, the spouse and child could later immigrate as his dependents using the same visa preference and priority date that Sven used because they would be following to join.

Conclusion

While we debate and struggle with the quota system today, a survey of the origins of the system show that it has existed from all but the earliest days of the history of our country.  Also, American history is characterized by restrictionist movements that attempted to block certain ethnic group from entering the United States or to limit the quotas for these groups. 

 

Today quotas are the life blood of the immigration system and our Bible is the monthly Visa Bulletin published by the U.S. Department of State.

 

For more detailed information, see our website:  www.cpvisa.com. 

 

PROCESSING TIMES & CASE STATUS  

 

Processing Times

·  To view processing times and your case status, click one of the links below to connect to the correct U.S. Citizenship and Immigration Services information page.

·  California Service Center ·  Nebraska Service Center ·  Texas Service Center ·  Vermont Service Center 

 


Case Status Service Online

If you have an application receipt number, you can use the Internet to check the status of your case with the USCIS.

https://egov.uscis.gov/cris/jsps/index.jsp

 


 

The CPVISA.COM NEWSLETTER is free. 

It is published by the Law Offices of Curtis Pierce, 213-327-0044, www.cpvisa.com.

 

Disclaimer:  The information contained in this newsletter is analysis and commentary of a general nature.  Nothing in this newsletter applies to a specific case nor does it constitute legal advice. 

 

Schedule appointment:  For legal advice on your case, please schedule an appointment with Curtis Pierce, Certified Specialist, Immigration & Nationality Law, The State Bar of California Board of Legal Specialization.

 

“The only title in our democracy superior to that of President (is) the title of citizen”.

Former Supreme Court Justice Louis Brandeis.   (In the case Ng Fung Ho v. White, 259 U.S. 276, 284 (1922), Justice Brandeis wrote that deportation can deprive an individual of "life, or of all that makes life worth living.")

 

 

CPVISA.COM NEWSLETTER

 

 

Curtis F. Pierce
Attorney At Law
Certified specialist, Immigration & Nationality Law
The State Bar Of California Board Of Legal Specialization
THE PACIFIC CENTER
523 WEST SIXTH STREET, SUITE 348
LOS ANGELES, CALIFORNIA 90014

tel (213) 327-0044
FAX  (213) 327-0066

 

email: curtis.pierce@cpvisa.com
website:  www.cpvisa.com

 

 

 

Curtis F. Pierce Attorney At Law Certified Specialist, Immigration & Nationality Law The State Bar of California Board of Legal Specialization 523 West Sixth Street, Suite 348 Los Angeles, CA 90014 Tel: 213 327 0044 Fax. 213 327 0066 www.cpvisa.com

 

 

 
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