The Law Office of
JANIS PETERSON-LORD
Immigration News Updates
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Mayor Michael Bloomberg Argues that the True Key to Innovation is Immigration
New York City Mayor Michael Bloomberg, in a commencement address http://www.philly.com/inquirer/opinion/20080521_Demand_true_change_from_presidential_candidates.html to University og Pennsylvania graduates, argued "For America, the key to innovation boils down to one word. The key to innovation is immigration. Our nation's greatest historic strength is that we've always welcomed the best and brightest from every corner of the globe.
And yet every year, Congress shuts the door to hundreds of thousands of doctors, scientists, engineers and artists from around the world who want to work here. It's the greatest case of national self-sabotage and attempted suicide I can imagine. If our country's future is going to be as great as our past, we have to start realizing that immigrants have always been - and always will be - one of our greatest economic and cultural assets."
February 2008
Proposed European Blue Card System: US will now be competing against EU for talented and skilled foreign workers
The European Union has unveiled a proposal for a Blue Card system which would mean a single European work visa for all of its countries. This plan is being bolstered by an advertising campaign to attract skilled workers.
Comparable to the US green card, which grants lawful permanent residence based on employment, this legislation aims to make Europe a bigger player on the emerging global labor market, enhancing its competitiveness and luring highly skilled workers to Europe ? and away from countries like the United States and Australia who currently are leaders in attracting skilled workers.
What this means is that the
The scheme is based on the rationale that
The reasoning behind the development of this program is an estimated short-fall of 20 million skilled and non-skilled workers in Europe by the year 2030.
Non-Immigrant Visa Fees to Increase World-wide on January 1, 2008
On January 1, 2008, the fee to apply for any non-immigrant visa to enter the United States, including tourist, business, student and other visas will increase to $131 dollars world-wide. This same fee inscrease will also apply to Border Crossing Cards (commonly know as "Laser Visas") for applicants in Mexico. Mexican nationals under the age of 15 applying in Mexico for a tourist visa or border crossing card will continue to have the option to pay an application fee of $13.00 for a visa that will not extend past their 15th birthday.
Application fees of $100 paid prior to January 1, 2008, will be accepted until January 31, 2008. After January 31, all applicants will be required to have paid the equivalent of $131 dollars at the time of processing, regardless of the date of original application.
Thursday, October 3, 2007
Permanent Resident Cards Without Expiration Dates Must Be Replaced - USCIS Proposes Rule Setting 120-day Replacement Period
WASHINGTON-U.S. Citizenship and Immigration Services (USCIS) announced today a proposal to require nearly 750,000 lawful permanent residents carrying "green cards" without an expiration date to replace their current cards.
USCIS published in today's Federal Register a rule open for public comment that proposes to require lawful permanent residents to apply for a new Permanent Resident Card (Form I-551), commonly referred to as a "green card," during a 120-day filing period. The change would allow USCIS to issue more secure permanent resident cards, update cardholder information, conduct background checks, and electronically store applicants' fingerprint and photographic information.
USCIS estimates that 750,000 residents will be affected. Those with expired cards may wish to apply now to beat the rush. USCIS Filing Fee is $375.00
Friday, September 7, 2007
SSA "No-Match" Letters
Important Update
On August 31, 2007, the U.S. District Court for the Northern District of California issued a temporary restraining order against the Department of Homeland Security and the Social Security Administration to enjoin and restrain them from implementing the Final Rule entitled "Safe-Harbor Procedures for Employers Who Receive a No-Match Letter." (AFL-CIO, et al. v. Chertoff, et al. (N.D. Cal. Case No. C 07 4472 CRB
Description of SSA "No-Match" Letter
Every year the Social Security Administration (SSA) informs thousands of employers via a letter entitled "Employer Correction Request," commonly known as "No-Match" letters, that the Social Security numbers employers provided on W-2 Forms for certain employees do not match SSA's records. An employer should take reasonable steps to resolve the mismatch, and apply these reasonable steps uniformly to all employees referenced in the enclosed SSA letter.
The Department of Homeland Security (DHS) has issued a regulation on the "Safe Harbor Procedures for Employers Who Receive a "No-Match" Letter." .This regulation clarifies the employer's legal obligations under the current immigration law and provides additional guidance on the steps employers must take after receipt of an employer "No-Match" letter from SSA or a letter from DHS regarding employment verifications.
SSA is not currently changing its procedures for issuing "No-Match" letters or its guidance on how to correct Social Security records. In addition, SSA has no tax or immigration law enforcement role. However, DHS has advised, that the information provided in the "No-Match" letter could expose the employer to potential liability under the immigration law. To provide employers with guidance on how to respond to "No-Match" letters consistent with employers' obligations under U.S. immigration laws, SSA's release of the Tax Year 2006 "No-Match" letters will be accompanied by a letter from the DHS. SSA plans to release the TY 2006 "No-Match" letter to employers beginning in September.
Friday, August 31,2007
DV Lottery Information
The DV-2009 Lottery online entry begins at Noon EDT on October 3, 2007, and ends at Noon EST on December 2, 2007. Information and instructions for the DV-2009 lottery will appear on the http://travel.state.gov/visa/immigrants/types/, as soon as possible. Please check the website at a later time for Diversity Visa information updates.
The DV-2008 entry registration period, which was October 4 through December 3, 2006 is over.
USCIS Warns of Potential for Immigration Fraud
Washington, D.C.- Although Congress has been debating immigration legislation, all customers should be advised that currently no temporary worker program exists for aliens unlawfully present in the United States. Congress has not passed any legislation that would create a temporary worker program. Therefore, there are no benefits currently available because this program does not exist. Customers should not pay any fees or fines to any person or organization claiming they can help apply for or receive benefits for a temporary worker program. Be wary of persons or organizations that claim they can assist in applying for benefits that do not exist.
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Aviso Publico
USCIS Alerta sobre Posibilidad de Fraude Migratorio
Washington, D.C.- A pesar que el Congreso ha estado debatiendo la legislación migratoria, se informa a todos los usuarios que actualmente no existe un programa de trabajadores temporales para extranjeros viviendo ilegalmente en los Estados Unidos. El Congreso no ha pasado ninguna ley que contemple la creación de un programa de trabajadores temporales. Por lo tanto, no existen beneficios disponibles en este momento porque el programa no existe. Los usuarios no deben pagar honorarios ni multas a ninguna persona u organización que diga que les puede ayudar a solicitar o a recibir los beneficios de un programa de trabajadores temporales. Ser precavidos con las personas u organizaciones que les prometen que pueden ayudarles a solicitar estos beneficios que no existen.
-USCIS -
Tuesday, July 17,2007
USCIS Announced Today Employment-based Adjustment of Status Applications Will Now be Accepted Beginning Immediately
WASHINGTON-U.S. Citizenship and Immigration Services (USCIS) announced that,beginning immediately, it will accept employment-based applications to adjust status (Form I-485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107. USCIS will accept applications filed not later than August 17, 2007.
On July 2, 2007, USCIS announced that it would not accept any additional employment-based applications to adjust status. USCIS made that announcement after receiving an update from the Department of State that it would not authorize any additional employment-based visa numbers for this fiscal year. After consulting with USCIS, the Department of State has advised that Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining employment visa number availability, and that Visa Bulletin #108 (dated July 2) has been withdrawn.
"The public reaction to the July 2 announcement made it clear that the federal government's management of this process needs further review,"said Emilio Gonzalez, USCIS Director. "I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations."
USCIS's announcement today allows anyone who was eligible to apply under Visa Bulletin No .107 a full month's time to do so. Applications already properly filed with USCIS will also be accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will apply to all other applications filed on or after July 30, 2007).
Thursday, July 3, 2007
USCIS Announces Visa Unavailability Despite July 2007 Department of State Visa Bulletin Showing Availability of Visas
On June 17, 2007 U.S. Department of State released July 2007 Visa Bulletin showing all employment-based visa categories available for those meeting the requirement of the category. On July 2, 2007- The very first day that the USCIS was supposed to accept I-485 filings from all employment-based applicants, the U.S. Department of State (DOS) issued the following statement: " UPDATE ON JULY VISA AVAILABILITY: The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following: Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. Employment preference numbers will once again be available to these charge ability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation." This is an unprecedented action by the government. It has left many in a state of disbelief and anger.
Should I File My I-485 or Not?
Since the visa dates have become unavailable, effective July 2,2007, you will have to decide if you wish to file your I-485 Adjustment of Status Application, since USCIS will reject it. If you file your I-485 Adjustment of Status Application with the expectation that USCIS will reject your case, you will later be able to submit that rejection as evidence to show harm in a lawsuit against USCIS, already in the works. It is useful to maintain documentation, like delivery to the USCIS during July 2007 and the returned package from USCIS, as evidence of the filing.
Wednesday, May 30,2007
Department of Homeland Security (DHS) Publishes Final Rule on the New Fee Schedule
WASHINGTON- Following a comprehensive review of more than 3,900 public comments, U.S. Citizenship and Immigration Services (USCIS) announced today a final fee structure. This rule adjusts the fee schedule for U.S. Citizenship and Immigration Services (USCIS) immigration and naturalization benefit applications and petitions, including nonimmigrant applications and visa petitions. Based on comments received by USCIS during the public comment period, this rule changes the fees for adjustment of status applications, and the fee waiver and exemption eligibility criteria for several immigration benefits. Previously the fee of $905 for an Application to Register Permanent Residence or Adjust Status, Form I-485, was based on USCIS' projected overall cost of processing the average application, regardless of the applicant's age. Under the final rule, the standard fee for filing a Form I-485 by an individual will be $930; the fee for a child under the age of fourteen years will be $600 when submitted concurrently for adjudication with the application of a parent. Previously the fee of $330 and additionally $70 for a biometric for an Application for Naturalization, Form N-400 now under the final rule, the standard fee for filing a Form N-400 will be $675 including the biometric fee. This rule is effective July 30, 2007. Applications or petitions mailed, postmarked, or otherwise filed, on or after July 30, 2007 must include the new fee. More information on the final rule including a chart explaining the fee schedule for applications or petitions is posted at www.uscis.gov .
Monday, May 21, 2007
Senate Votes to Proceed with Floor Debate on Comprehensive Immigration Reform
The senate voted today to begin formal consideration of comprehensive immigration reform legislation. Immediately following this vote, Majority Leader Harry Reid (D-NV) agreed to extend debate after the Memorial Day recess. Consideration of amendements to the placeholder bill S.1348 is expected to begin tomorrow with a substitute amendment that would replace the current contents of the bill with the "Grand Bargain" legislation negotiated last week.
Tuesday, April 3, 2007
USCIS REACHES FY 2008 H-1B CAP
WASHINGTON-U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2008(FY 2008). USCIS will use a random selection process(described below) for all cap-subjuect fillings received on April 2, 2007 and April 3, 2007. USCIS will reject and return along with filing fee(s) all petitions received on those days that are not randomly selected.
Wednesday, March 7, 2007
Citizenship Promotion Act of 2007 Introduced in Both Chambers
On 3/7/07, Senator Barak Obama (D-IL) and Representative Luis Gutierrez (D-IL) introduced the Citizenship Promotion Act of 2007 (S. 795/H.R. 1379). The bill would authorize U.S. Citizenship and Immigration Services (USCIS) to request and receive appropriations to make up the difference between fees charged to applicants and the full resources needed to fund operations and infrastructure.
By authorizing such appropriations, the Citizenship Promotion Act would alleviate the need for substantial fee increases recently proposed by USCIS and prevent mounting costs from becoming a barrier to citizenship. AILA strongly supports passage of this legislation and issued a press release lauding introduction of the bill on 3/7/07.
Original cosponsors of the Citizenship Promotion Act include Senators Bingaman (D-NM), Menendez (D-NJ), and Salazar (D-CO), and Representatives Abercrombie (D-HI), Grijalva (D-AZ), Honda (D-CA), Pastor (D-AZ), Reyes (D-TX), Schakowsky (D-IL), and Solis (D-CA
Tuesday, March 6, 2007
DREAM Act Reintroduced in Both Chambers
On 3/6/07, Senator Richard Durbin (D-IL) introduced the Development, Relief, and Education for Alien Minors (DREAM) Act of 2007 (S. 774) in the Senate. During the previous week, on 3/1/07, Representative Howard Berman introduced similar legislation, the American Dream Act (H.R. 1275), in the House.
The DREAM Act and American Dream Act would make certain undocumented students eligible for a six-year conditional permanent resident status upon high school graduation. These students could then apply to have the conditional basis of their permanent residence status lifted after completing at least two years of higher education or serving for at least two years in the U.S. military.
The bills would also repeal section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA), which requires states that provide the in-state tuition rate to undocumented students to provide the same tuition rate to out-of-state residents.
Original cosponsors of the American Dream Act (H.R. 1275) include Representatives Howard Berman (D-CA), Lincoln Diaz-Balart (R-FL), Ileana Ros-Lehtinen (R-FL), and Lucille Roybal-Allard (D-CA).
Original cosponsors of the DREAM Act (S. 774) include Senators Richard Durbin (D-IL), Chuck Hagel (R-NE), Richard Lugar (R-IN), Edward Kennedy (D-MA), Patrick Leahy (D-VT), Russ Feingold (D-WI), Barack Obama (D-IL), Joseph Lieberman (I-CT), Larry Craig (R-ID), Mike Crapo (R-ID), and John McCain (R-AZ).
Wednesday, February 28, 2007
Immigrants boost pay, not prison populations, new studies show Immigrants are less likely to go to prison than U.S.-born residents of the same ethnic group and they boost pay for natives, research says.
According to an article published in the Los Angeles Times, on Wednesday, February 28, 2007 by Teresa Watanabe, "Two new studies by California researchers counter negative perceptions that immigrants increase crime and job competition, showing that they are incarcerated at far lower rates than native-born citizens and actually help boost their wages.
Watanabe notes that, "A study released Tuesday by the Public Policy Institute of California found that immigrants who arrived in the state between 1990 and 2004 increased wages for native workers by an average 4%. UC Davis economist Giovanni Peri, who conducted the study, said the benefits were shared by all native-born workers, from high school dropouts to college graduates, because immigrants generally perform complementary rather than competitive work. As immigrants filled lower-skilled jobs, they pushed natives up the economic ladder into employment that required more English or know-how of the U.S. system, he said. 'The big message is that there is no big loss from immigration,' Peri said. 'There are gains, and these are enjoyed by a much bigger share of the population than is commonly believed."
Watanabe also goes on to say that, "Another study released Monday by the Washington-based Immigration Policy Center showed that immigrant men ages 18 to 39 had an incarceration rate five times lower than native-born citizens in every ethnic group examined. Among men of Mexican descent, for instance, 0.7% of those foreign-born were incarcerated compared to 5.9% of native-born, according to the study, co-written by UC Irvine sociologist Ruben G. Rumbaut. Both studies are based on U.S. census data, which includes both legal and illegal immigrants. They were released just days before the U.S. Congress is to restart debate on major immigration reform legislation and as numerous states, including Texas, consider harsh measures against illegal migrants. The authors say their work shows that immigrants clearly benefit U.S. residents and are being unfairly scapegoated for problems they do not cause."
To read more about these articles go to: www.latimes.com
Thursday, February 1, 2007
NEWS FLASH! U.S. CITIZENSHIP FEE INCREASES
According to an article published in the Los Angeles Times, on Thursday, February 1, 2007 the U.S. immigration authorities have proposed a significant increase on application fees for citizenship and permanent residency, assuring the public that this is a necessary step in order to facilitate the improvement in the quality of immigration services. Immigration authorities argue that with the net gain they will accumulate from the increase in fees they will not only be able to shorten processing time but better the services they provide to the public. The proposed fee increases can be imposed without legislative action and are expected to take effect in June 2007.
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