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The Start-Up Visa Buzz
While comprehensive immigration reform currently seems a distant dream, there is some support in Congress for a new immigrant visa for entrepreneurs. Called the Start-Up Visa, this new category of immigrant visa would require a $250,000 investment in a start-up venture. At least $100,000 of that capital would need to come from a U.S. investor. An entrepreneur would receive a conditional green card for two years, and at the end of those years, he or she would need to show that the start-up venture created at least 5 jobs for U.S. workers.
Modeled on the EB-5 program, which currently requires a $1,000,000 investment in most cases and the creation of 10 jobs, the Start-Up Visa is a brilliant idea which recognizes that scrappy entrepreneurs (not just those investors who have $1,000,000 in cash to plunk down) create the companies that are an engine of huge growth in our economy. The idea has generated a lobbying effort by Silicon Valley, and appears to have some key Congressional support. To learn more, visit www.startupvisa.com . Let’s hope the xenophobes in Congress don’t kill this one.
Tags: entrepreneurs, start-up visa
Posted in Alternative Visa Categories, Politics/Current Events | Read More »
Alert: H-1B Filing Season is Around The Corner
The H-1B filing period for fiscal year 2011 (for a start date of October 1, 2010) will open on April 1, 2010. The H-1B category is used by an employer to sponsor a foreign national to work in a specialty occupation, which is a position requiring, at a minimum, a Bachelor’s degree or equivalent experience.
As you may already be aware, there are a limited number of H-1B visas each fiscal year: 65,000 slots for holders of Bachelor’s degrees and 20,000 additional slots for holders of Master’s degrees or higher level degrees from U.S. universities. In 2007 and 2008, the numerical limit was reached in the first few days of April . In 2009, due to the struggling economy, the quota was not met until December 21, 2009.
While there is no way to predict how quickly the visas will be used this year, we do anticipate that demand will increase from last year, and therefore we recommend that all employers planning to file H-1B petitions file them on April 1, 2010 so as to ensure the greatest chances of success.
Filing an H-1B this year requires more lead time for preparation than in prior years. This is because in 2009, the Department of Labor (DOL) rolled out a new system for certifying the Labor Condition Application (LCA), a form required in the filing. This new system, involving manual review of all LCA’s, has created unforeseen delays and unpredictability of timing in the H-1B process. Under the old system, the LCA could be certified automatically upon an attorney submitting it online. Certification is now projected to take 7 days. However, in many instances, the LCA is denied erroneously because of DOL computer error, and must be re-filed, making the exact length of the LCA process unpredictable.
Please contact our office if you’d like to file an H-1B petition for fiscal year 2011. Given the changes discussed here, it would be prudent to begin the process as soon as possible. We look forward to assisting you.
Tags: cap, DOL, FEIN, H-1B, iCert, LCA, quota, tax identification number
Posted in Uncategorized | Read More »
Temporary Protected Status for Haiti
We have all seen horrific images of the devastation wrought by this week’s earthquake in Haiti. Secretary of Homeland Security Janet Napolitano has temporarily suspended all deportations to Haiti. While this is a positive step, the U.S. government should also immediately grant temporary protected status to Haitians in the U.S.
Frankly, Haiti can use all of the help it can get, and Haitians in the U.S. can and will play an integral part in the recovery process there. We should help that recovery effort by giving undocumented Haitians one less thing to worry about-their immigration status. With temporary protected status, or TPS, and through it a right to work legally in the U.S., Haitians will be able to send more money home. Please send a message to your elected officials and ask them to grant TPS to Haitians in the U.S.: ttp://capwiz.com/aila2/home/.
Tags: Haiti earthquake, TPS
Posted in Politics/Current Events | Read More »
A New Year Brings New Hope for Immigration Reform
Happy New Year to our readers!
After a long holiday hiatus, we are back to blogging regularly. Our blog features posts on a variety of immigration issues, including business immigration, family-based immigration, deportation issues, as well as immigration policy and immigrant rights advocacy.
We hope there will be much to write about this year in the area of immigration reform. Immigration reform is the “dream deferred”* for 12 million would-be lawful permanent residents, most of whom are hard-working and eager to contribute to our nation’s economic recovery. Congress, we are waiting and watching.
*A reference to the poem “Dream Deferred’ by Langston Hughes
Posted in Uncategorized | Read More »
Immigration Reform: Follow the Money
The Associated Press reported last week that pro-immigration political action committees have, for the first time in recent memory, raised more money in this election cycle than their anti-immigration counterparts. Specifically, Immigrants’ List, founded by immigration attorneys and ImmigrationPAC, founded by immigrant advocates, have together raised nearly $100,000. In contrast, groups hostile to the cause of immigration reform have raised only $71,000. Hopefully, this is the sign of a turning tide that will be reflected in the national debate, which, during the Bush era, seemed to be hijacked by right-wing extremists. With a Democratic administration and Democratic Congress, this is the perfect time to begin the process of reforming our immigration system. Hopefully the opportunity will not be squandered.
Tags: immigrants' list, immigration, immigration reform, pro-immigration political action committees
Posted in Politics/Current Events | Read More »
Number of International Students in the U.S. Rising
The number of international students at colleges and universities in the United States increased by an average of 8% for a total 671,616 students, for this academic year, according to the Open Doors report, which is published annually by the Institute of International Education (IIE). This is the largest percentage increase in international student enrollment since 1981, and marks the third consecutive year of growth.
Here’s how it breaks down, according to the Open Doors report, in terms of the top 15 sending countries:
| India | Increased by 9% | 103,260 students |
| China | Increased by 21% | 98,510 students |
| South Korea | Increased by 9% | 75,065 students |
| Canada | Increased by 2% | 29, 697 students |
| Japan | Decreased by 14% | 29, 264 students |
| Taiwan | Decreased by 3% | 28, 065 students |
| Mexico | No increase | 14, 850 students |
| Turkey | Increased by 10% | 13, 263 students |
| Vietnam | Increased by 46% | 12, 823 students |
| Saudi Arabia | Increased by 28% | 12, 661 students |
| Nepal | Increased by 30% | 11, 581 students |
| Germany | Increased by 9% | 9679 students |
| Brazil | Increased by 16% | 8767 students |
| Thailand | Decreased by 3% | 8736 students |
| United Kingdom | Increased by 4% | 8701 students |
While on many levels this is great news, it highlights the inadequacy of our current immigration system, which is based on an antiquated visa quota system that has no relationship to the globalized world in which we live. These international students, who disproportionately obtain degrees in the sciences, are in a position to make enormous contributions to our society. For instance, the Wall Street Journal recently reported that between 1990 and 2007, 25% of all publicly traded companies in the U.S. that were started with venture capital financing had an immigrant founder (“The Other Immigrants”, WSJ, Nov. 18, 2009). Basically, it’s in our interest to keep the best and the brightest of these students here in the U.S. But as the system currently stands, an Indian national graduating with a U.S. degree would need to wait many years (upwards of 10 in some cases) to be eligible for an immigrant visa. Why would this person choose to immigrate to the U.S. , if Canada, Germany, and a whole host of other countries offer a more streamlined and user-friendly system? In short, does it make sense for us to offer the best universities in the world (ours) to the world’s best and brightest, only to watch them take their skills and talents elsewhere?
Tags: colleges, immigrant visa, immigration, international student, quota, universities, visa
Posted in Politics/Current Events, Uncategorized | Read More »
ICE Issues Notice of Audit to 1000 Businesses
In a reflection of the Obama Administration’s continued emphasis on employer compliance with immigration laws, Immigration and Customs Enforcement (ICE) today issued audit notices to 1000 companies. According to ICE’s announcement, these employers were selected due to “investigative leads and intelligence and because of the business’ connection to public safety and national security.” Names of these employers were not released due to “ongoing, law enforcement” concerns, according to ICE’s statement. ICE audits involve the thorough review of an employer’s I-9 forms for their workforce, and traditionally has often resulted in employer sanctions for both routine and more egregious I-9 violations. Sanctions typically range from $375 to $16,000 per violation, with repeat offenders receiving stiffer penalties.
We believe that now would be a good time for all employers to conduct an internal self-audit of all I-9’s, to make sure that the employer is fully in compliance with all rules and regulations. With increased ICE audits, Dept. of Labor audits, and random site visits by USCIS, it is critical that employers pro-actively address any issues with their workforce.
Tags: audit, audit notice, compliance, employer, I-9, immigration, USCIS random site visit
Posted in Employment Verification, Uncategorized | Read More »
USCIS Will Begin Accepting H-1B Applications without Certified LCA
USCIS has recently announced that it will begin to accept H-1B petitions filed with uncertified LCAs for a temporary period, ending on March 4, 2010. As many have experienced including our office, the Dept. of Labor’s new iCert process for certifying LCA’s has resulted in unprecedented delays, and has added a new level of unpredictability to the H-1B process. In response to requests, USCIS will accept petitions with uncertified LCA’s and then issue a Request for Evidence (RFE) for the certified LCA before approving the petition. Normally, only petitions with certified LCA’s are accepted. This “temporary flexibility”, as USCIS called it, is somewhat useful, but what happens at H-1B cap time, either in the coming year, on in subsequent years, when we need to file all of those applications by April 1? How will we be sure that the LCA will be certified in time for filing after March 4th? Also, since filing with an uncertified LCA will essentially guarantee a Request for Evidence, are adjudicators going to use that opportunity to throw more items into the request? As it is, applicants are already beleaguered from overly burdensome, redundant, and nonsensical RFE’s.
Tags: certified LCA, DOL, H-1B, LCA, request for evidence, uncertified LCA, USCIS
Posted in H-1B | Read More »
Alternative Visa Options: H-3 Special Education Training Programs
This is the first in a series of blog posts profiling unusual or lesser known visa categories. Some of these visa categories may be useful to certain foreign nationals who have never heard of them. My hope is that someone who can benefit from these alternative visa categories will learn about them in this blog, and act accordingly.
An H-3 is a visa for a trainee. The visa holder must be participating in a bona fide training program in the U.S. However, not many people know that there are 50 H-3 visas per year allocated specifically for training programs in the field of special education.
The H-3 participant in a special education training program must be coming to the United States to participate in a structured program which provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
The petition must be filed by an organization which has professionally trained staff and a structured program for providing education to children with disabilities, and for providing training and hands-on experience to participants in the special education exchange visitor program.
Unlike other H-3 visas, it is not a requirement to show that the special education training cannot be obtained in the participant’s home country.
According to USCIS, so far, none of the 50 visas for the current fiscal year have been used to date.
Tags: disability, H-3 visa, special education, training program, USCIS, visa
Posted in Alternative Visa Categories, Events and Presentations | Read More »
USCIS to Consider Accepting Pending Labor Condition Application for H-1B Filings
The U.S. Citizenship and Immigration Services (USCIS) Ombudsman recently recommended that USCIS begin accepting H-1B applications with pending Labor Condition Applications, or LCA’s. Normally, the LCA, the document initially filed with Dept. of Labor (DOL) prior to submission of the H-1B petition , must be certified first. The certification process used to be instantaneous- as easy as a click of a mouse. But DOL, in its infinite wisdom, decided to scrap this system that worked so efficiently. In July of this year, DOL rolled out a new LCA process, and now each LCA is reviewed manually. Getting an LCA certified has now become a mini-nightmare in most cases, resulting sometimes in delays of several weeks and erroneous denials from DOL. The fact that we’ll now be able to file the H-1B petition without first needing to certify the LCA is somewhat of a positive development, although it does guarantee that USCIS will issue a request for the certified LCA before approving the petition, and they will likely use that as an opportunity to request other additional evidence.
Tags: DOL, H-1B, iCert, Labor Condition Application, LCA, LCA certification, USCIS, USCIS ombudsman
Posted in H-1B, USCIS | Read More »
