In the new year, it is hoped that long awaited immigration reform will eventually come to pass, including a path to legalization for the millions of undocumented individuals who have long resided in the U.S.
Speaking on the US-based Univision Spanish-language television network shortly after Obama's victory, Chicago City Councilman Billy Ocasio said he did not think immigration reform would be possible within the first 100 days of the new administration, but he proposed the suspension of ICE raids and mass deportations until a solution to the question of illegal immigration could be further analyzed. At the Law Offices of Curtis Pierce, we wholeheartedly endorse this proposal.
The Editors
IMMIGRATION NEWS & INFORMATION
TEAM OBAMA INCLUDES HILDA SOLIS AS LABOR SECRETARY
President-elect Barack Obama has nominated Hilda Solis as labor secretary. The Democratic congresswoman was just elected to her fifth term representing heavily Hispanic portions of eastern Los Angeles County and east L.A. She is the daughter of Mexican and Nicaraguan immigrants.
Solis, 51, was first elected to Congress in 2000 and is the first Hispanic woman to serve on the House Committee on Energy and Commerce. She wrote a measure that authorized $125 million for work force training programs in areas such as energy efficiency retrofitting and "green building" construction. Solis has been an outspoken advocate on women's issues. Further, she led the battle to increase the state's minimum wage from $4.25 to $5.75 an hour in 1996.
Solis is from El Monte and represents Azusa, Baldwin Park, Covina, Duarte, El Monte, Irwindale, Rosemead, South El Monte, and West Covina and portions of Monterey Park and East Los Angeles.
IMMIGRATION INTELLECTUALS
Debating Immigration edited by Carol M. Swain
Debating Immigration presents 18 original essays, written by some of the world's leading experts and preeminent scholars, that explore the nuances of contemporary immigration and citizenship affecting the United States and Europe. The volume is organized around the following themes: religion and philosophy, law and policy, economics and demographics, race and ethnicity, and cosmopolitanism.
It offers a wide range of perspectives on this timely issue. The concluding observations are written by Nathan Glazer, the American sociologist and a leading authority on issues of race, immigration, urban development, and social policy.
The editor, Carol M. Swain, is a professor of political science and a professor of law at Vanderbilt University. Before joining Vanderbilt in 1999, Professor Swain was a tenured associate professor of politics and public policy at Princeton University.
An Excerpt from the Introduction by Carol M. Swain:
"The American public deserves better representation on immigration than what it has received from Washington and from other elites in positions of power and decision-making roles. Whatever reforms are initiated must take into account the needs and desires of native-born Americans. Presently, elites in both political parties have largely ignored the concerns of the people. But federalism appears to be working. Since 2006, there has been a spate of immigration laws and ordinances passed in states and cities around the country. It has become increasingly clear that many ordinary people, . . . .do not trust the government in Washington to do right by them.
A number of important policy issues related to immigration are not being considered because too many individuals in positions of power and influence have allowed themselves to be silenced by the threat of name-calling. These issues include birthright citizenship to the children of illegals, racial and ethnic preferences for the foreign-born and their offspring, blatant selective enforcement of immigration laws, and outright discrimination against immigrants from disfavored parts of the world. Moreover, immigrant-supporters do themselves and their country a disfavor when they fail to consider all aspects of the problem and the national obligations to historically disadvantaged groups such as Native Americans and African Americans, and poor whites who struggle to get ahead in sometimes adverse circumstances. Further disservice emerges when groups are encouraged to cling to group identities, old-world languages, and cultural practices condemned by "civilized" society. A better tactic would include encouraging immigrants to become fully American by learning the language and the history of the host nation where most will be embraced with open arms."
LITTLEIMMIGRATION INTELLECTUALS
IMMIGRATION BOOKS FOR CHILDREN
For young readers grades 3 through 6, Landed by Milly Lee tells the story of a Chinese immigrant boy trying to join his father in America.
(Pictures by Yangsook Choi, published in February 2006 by Macmillian.)
FOR IMMIGRATION ATTORNEYS ONLY:
WHAT'S NEW IN IMMIGRATION LAW that I must know about?:
Immigration Law is constantly evolving. New cases, regulations, statutes, and memoranda are published almost every day. It is extremely difficult to keep up with all the changes. This section is intended to provide immigration attorneys with information concerning at least some of the most important developments in immigration law that took place in the last month.
In other words, what happened in the last month of which I absolutely should be aware?
NEW RULES FOR VOLUNTARY DEPARTURE
One of the most troubling issues for immigration practitioners who practice before immigration courts is whether or not to advise our clients to request voluntary departure in the alternative to the primary form of relief sought such as asylum or cancellation of removal. At the Law Offices of Curtis Pierce, we firmly believe that it is ill advised to request voluntary departure unless one actually has the intention to depart from the United States if the primary relief sought is denied. Otherwise, the alien in removal proceedings effectively puts himself in a corner. If the alien does not leave the US before the expiration of voluntary departure, then at some future date seeks reopening, he will be barred for most forms of discretionary relief (with the exception of asylum) and therefore precluded from having his case reopened because of his having requested voluntary departure. (INA § 240B(d))
Pursuant to the new regulations, a grant of voluntary departure is automatically withdrawn upon the filing of a motion to reopen. Nevertheless, it is important to note that the motion must be made prior to the expiration of voluntary departure.
O Visas - Persons with Extraordinary Ability & Members of the Entertainment Profession
The O visa is a non-immigrant, employment based visa. This classification provides for the admission into the United States of persons with extraordinary ability in the sciences, arts, academia, business and athletics, or extraordinary achievement in motion picture and television production, and their essential support personnel.
Only individuals qualify for the O-1 visa category. In order for a group to qualify, each member would be required to meet the extraordinary ability test. The visa is granted for a specific event, such as a tour, lecture series or project.
For athletes and members of the entertainment industry, a provision exists whereby aliens, who are an integral part of the performance and have skills and experience which are not available in the United States location, may apply for O-2 visas to accompany the O-1 visa holder.
How does an alien qualify as a person of extraordinary ability? Winners of the Nobel Prize or other international awards qualify. 8 C.F.R. § 212.2. Those who fall short of that standard must document at least three of the following:
Published material about your work;
Membership in an association that requires members to have outstanding achievement;
Original scientific, scholarly, or business-related contributions of major significance in the field;
Authorship of scholarly articles published in any type of major media or professional journals;
High salary or any other type of compensation;
Participation on a panel, or as a judge for other people’s works;
Evidence of past employment for organizations or establishments that have a high reputation.
The O-1 visa is not self-petitioned. An applicant (beneficiary) must have a sponsor (petitioner) to apply for the status. The petitioner, often the employer, should file a petition on Form I-129 with the United States Citizenship and Immigration Services (USCIS). In the case of an alien who is traditionally self-employed or who uses agents to arrange short-term employment with numerous employers, an agent may file the petition with the USCIS. An agent may also file a petition on behalf of a foreign employer.
If an O petition has been approved in your name, you will be required to apply for a visa before traveling to the United States. The Notice of Action, form I-797A or B, is not valid for travel unless accompanied by the appropriate visa.
Importance of the Consultation Report
An O-1A petition must include the following:
a written consultation from a peer group or labor management organization with expertise in the field, or an expert in the field of the alien's or employer's choosing;
a written contract between the employer and alien; or a summary of an oral contract;
an explanation of the events or activities in which the alien will participate;
an itinerary;
and evidence of the alien's extraordinary ability.
USCIS requires a consultation report or advisory opinion with a U.S. based peer group or organization. The petitioner must submit, to the USCIS, an "advisory opinion" or consultation of a peer group in the area of the alien’s ability (which may include a labor organization), or a person or persons with expertise in the area of the alien’s ability. 8 CFR Sec 214(o)(5)(ii).
The consultation report from a U.S. peer group supports the I-129 petition. A peer group is a group or organization which is comprised of practitioners of the alien’s occupation known for expertise in the field. The peer group can also refer to a labor organization or management organization in the alien’s field of endeavor. The report will access the qualifications of the beneficiary and determine whether a person of extraordinary ability is required for the available position.
If the application does not include a peer group the USCIS will attempt to contact the peer group directly, or, if no peer group exists, the USCIS will make a decision without a peer group consultation. The USCIS will not require a new consultation if the beneficiary is reentering the U.S. in the O-1 category within two years of a previous peer group consultation.
Only one beneficiary may be included on an O-1 petition. A United States employer, a United States agent, or a foreign employer through a United States agent may only file an O-1 petition.
Petitions for the O nonimmigrant visa category are made to the Regional Service Center on USCIS Form I-129 with the O nonimmigrant visa supplement. 8 CFR Sec. 214.2(o)(2)(i). Family members of the O-1 receive O-2 nonimmigrant visa classification.
Distinguished Artists
The O visa is also available to distinguished artists. This category includes those individuals involved in the areas of fine arts, visual arts and the performing arts. The petitioner must prove the beneficiary's prominence in the area of expertise. Most often, showing a significant award that the beneficiary has won can do this. Otherwise, the beneficiary must satisfy at least three of the following criteria. The beneficiary must prove that he has, and will perform as a lead participant in an event or organization or establishment. The event should have been critically acclaimed. Advertisements and publicity releases, publications, endorsements or contracts can provide further evidence of this. The artist must be professionally associated with people and productions of international acclaim. He must have achieved national or international fame through various popular media. He must have performed in a key role in organizations or events of international or national repute. He must have accomplished significant professional and critical success and recognition. He must be earning one of the highest remunerations in the field.
Advantage of Dual Intent with the O Visa
What is the advantage of dual intent for individuals with a high level of achievement? O visas allow for “dual intent,” meaning that you may have the intention of eventually applying for permanent residency without jeopardizing your eligibility for the O-1 visa. Because of their "extraordinary ability," O-1 visa holders are often eligible for permanent residency without having to be the beneficiary of a labor certification application.
ATTORNEY CURTIS PIERCE RECOGNIZED
Curtis Pierce was named a Super Lawyer in the December 2008 issue of Super Lawyers -Corporate Counsel Edition, a publication for attorneys who specialize in business litigation.
PROCESSING TIMES & CASE STATUS
· 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.
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 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
