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 W. 6th St., Ste. 348, Los Angeles, CA 90014. (213) 327-0044. Email: curtis.pierce@cpvisa.com
IMMIGRATION NEWS & INFORMATION Click on dates below for more information.
THE US DEPARTMENT OF STATE ISSUES FINAL RULE ON
UNCERTIFIED HEALTH CARE WORKERS. (October 20, 2008)
Certain foreign health care workers now need to present certificates establishing competency in a specific health care field. Certification is issued by the Commission on Graduates of Foreign Nursing Schools (CGFNS) or other credentialing organizations that have been approved by the Secretary of Homeland Security (DHS) in consultation with the Secretary of Health and Human Services (HHS).
WHITE HOUSE ANNOUNCES THAT SEVEN COUNTRIES ARE TO BE ADDED TO THE VISA WAIVER PROGRAM. (October 17, 2008)
In about a month, the citizens of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, and South Korea will be able to travel to the United States for business or tourism for up to 90 days without a visa.
Can the Department of Homeland Security (DHS) audit I-9 Forms without a search warrant or subpoena? What do I do if I receive a random enforcement visit? May the DHS demand to see personnel files with information beyond the I-9 Form?
WHAT'S NEW IN IMMIGRATION LAW that I must know about?:
Immigration Law changes on a daily basis. It is extremely difficult to keep up with all the changes. There are new cases, regulations, memoranda, etc. 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?
This final rule changes the initial period of admission for TN workers from one to three years, making it equal to the initial period of admission given to H-1B professional workers. There is still no dual intent until Congress specifically legislates it.
It has been said “Where you stand depends on where you sit.” The requirements in the Lozada case have been upheld as reasonable. I submit to you, Mr. Attorney General, that if any of the Board Members or Circuit Judges who have upheld the requirements of Lozada as “reasonable” had ever practiced in the private sector and been confronted with the situation where the only way to help an alien deprived of a fair hearing was by reporting a colleague to the State Bar for discipline, this requirement would not have been upheld as “reasonable.” To the contrary, it would have been stricken.
IMMIGRATION WORDS & MUSIC
The artsy cultural section of this month's newsletter features the Bruce Springsteen song "American Land."
What is this land America so many travel there
I'm going now while I'm still young my darling meet me there
Wish me luck my lovely I'll send for you when I can
And we'll make our home in the American land
Over there all the woman wear silk and satin to their knees
And children dear, the sweets, I hear, are growing on the trees
Gold comes rushing out the rivers straight into your hands
When you make your home in the American Land
There's diamonds in the sidewalk the's gutters lined in song
Dear I hear that beer flows through the faucets all night long
There's treasure for the taking, for any hard working man
Who will make his home in the American Land
I docked at Ellis Island in a city of light and spires
She met me in the valley of red-hot steel and fire
We made the steel that built the cities with our sweat and two hands
And we made our home in the American Land
There's diamonds in the sidewalk the's gutters lined in song
Dear I hear that beer flows through the faucets all night long
There's treasure for the taking, for any hard working man
Who will make his home in the American Land
The McNicholas, the Posalski's, the Smiths, Zerillis, too
The Blacks, the Irish, Italians, the Germans and the Jews
Come across the water a thousand miles from home
With nothin in their bellies but the fire down below
They died building the railroads worked to bones and skin
They died in the fields and factories names scattered in the wind
They died to get here a hundred years ago they're still dyin now
The hands that built the country were always trying to keep down
There's diamonds in the sidewalk the gutters lined in song
Dear I hear that beer flows through the faucets all night long
There's treasure for the taking, for any hard working man
Who will make his home in the American Land
Who will make his home in the American Land
Who will make his home in the American Land
IMMIGRATION NEWS & INFORMATION
ISRAEL NOT INCLUDED IN EXPANSION OF VISA WAIVER PROGRAM
On October 17, 2008, President Bush announced the imminent expansion of the Visa Waiver Program (VWP) to include the Czech Republic, Estonia, Latvia, Lithuania, Hungary, the Republic of Korea and the Slovak Republic. Israel was the among the seven. The United States has rejected Israel's request to join the VWP which would exempt Israelis from the need to obtain visas to enter the U.S.
Despite the often discussed special relationship between Israel and the U.S., the latter has refused Israel's requests in recent years to expedite visa exemptions. After examining the request, Washington rejected it for the following reasons. The key condition for a country's acceptance into the program is that less than 3 percent of visa applications from that country have been rejected over the last twelve months, whereas in Israel, the rejection rate is 5-6%. And finally, the U.S. feared that many Israelis would abuse their visas to stay on in the U.S. illegally.
Though Israel already meets several criteria for entry into the program, there is one criterion besides the visa rejection rate that could potentially be a problem: the U.S. must deem the country politically and economically stable, since otherwise lifting the visa requirement could result in large-scale illegal immigration. Argentina was removed from the program in recent years because of its economic crisis.
· 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."
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THE US DEPARTMENT OF STATE ISSUES FINAL RULE ON 
EMPLOYERS FACING AUDITS:
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The artsy cultural section of this month's newsletter features the Bruce Springsteen song "American Land." 
