Archive for September, 2010

Comprehensive Immigration Bill Introduced in Senate

Sep 30, 2010 by No Comments

Yesterday, Senators Robert Menendez (D-NJ) and Patrick Leahy (D-VT) introduced S.B. 3932, also known as The Comprehensive Immigration Reform Act of 2010.  The bill makes several proposals for reform in specific areas of immigration currently plagued with dysfunction.  It addresses border and interior issues, as well as worksite enforcement, legalization and the future flow of immigrants to the U.S.

With this bill now introduced, both the House and Senate have comprehensive immigration bills on the table (Congressman Luis Gutierrez introduced a similar bill in the House in December 2009).  Both political parties have already recognized the need for comprehensive reform.  Let’s hope they finally move from recognition to action.  America’s businesses, families, and economy cannot sustain the current system much longer.  

We will post any updates on this bill and the House bill as soon as they are available.

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Abercrombie & Fitch Required to Pay Over $1MM After I-9 Audit

Sep 30, 2010 by No Comments

The U.S. Immigration and Customs Enforcement’s (ICE) Office of Homeland Security Investigations (HSI) announced September 29, 2010 that Abercrombie & Fitch is required to pay $1,047,110 for Form I-9 violations found in November 2008.

ICE conducted I-9 inspections of several Abercrombie & Fitch retail stores in Michigan in November 2008, uncovering several technology-related deficiencies in the company’s electronic I-9 verification system.  ICE found no instances where Abercrombie & Fitch knowingly hired unauthorized workers.

Each U.S. employer has an obligation to verify the employment eligibility of each of its workers and document it on Form I-9.  Please contact our San Francisco Immigration Law Office if your company needs guidance in the area of I-9 compliance.

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USCIS Filing Fees Increase November 23, 2010

Sep 29, 2010 by No Comments

The USCIS will increase the filing fees on almost all immigration applications and petitions (except naturalization) beginning November 23, 2010.  The final rule containing the USCIS’ new fee schedule was published in the Federal Register last Friday, September 24, 2010, and will go into effect Tuesday, November 23, 2010.  Any applications or petitions filed on or after November 23, 2010 must include the new fees. 

The following is a list of some of the fee changes:

1. Fees will be increased by a weighted average of 10 percent

2. There is a new fee for Regional Center Designation under the Immigrant Investor Pilot Program

3. There is a new fee to obtain Civil Surgeon Designation

4. There is a new fee for the Department of Homeland Security’s processing of immigrant visa requests

Please contact our San Francisco immigration law office if you have any questions about the new USCIS fee schedule.

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Posted in Alerts, Immigrant Visas, Nonimmigrant Visas, USCIS | Read More »

Diversity Lottery Period Opens October 5, 2010

Sep 27, 2010 by No Comments

The fiscal year 2012 (FY2012) diversity lottery application period opens October 5, 2010.  Applicants can apply online at www.dvlottery.state.gov.  Please note that all entries for the lottery must be submitted electronically between noon on October 5, 2010 and noon on November 3, 2010 (EST).   

There are 50,000 diversity visas (DV) available in FY2012 to persons from countries with low rates of immigration to the United States.  Please note that the following countries are not eligible to apply for a DV:  Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, Poland, 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.

Each DV applicant must meet certain education or experience requirements.  The applicant must have either a high school education or its equivalent, which is defined as successful completion of a 12-year course of elementary and secondary education, OR two years of work experience within the past five years in an occupation requiring at least two years of training or experience.

Please contact our San Francisco immigration law firm if you have any questions about the DV application process.

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Posted in Alerts, Immigrant Visas | Read More »

ALERT: Regional Center Proposals Will No Longer Be Free!

Sep 23, 2010 by No Comments

Starting November 23, 2010, any regional center proposals filed with the USCIS must be presented on Form I-924, Application for Regional Center under the Immigrant Investor Pilot Program, and include a filing fee of $6230.  There is currently no form or fee to submit regional center proposals, thus this is a significant change (and a costly one).  Until November 23, 2010, the USCIS will continue to accept proposals for regional center designation with no form or fee.  Please contact our San Francisco law office if you need assistance filing an EB-5 regional center proposal.

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I Guess We Were DREAM-ing…

Sep 22, 2010 by No Comments

On September 21, 2010, Senate Republicans voted against considering the Defense Authorization Bill (S. 3454) and critical DREAM Act amendment that Senator Majority Leader Harry Reid (D-NV) was going to offer.  Senate Republicans voted down the measure by a vote of 56-43.  Senator Reid will likely introduce the DREAM Act amendment again during the “lame duck” session of the 111th Congress.  A “lame duck” session occurs in even numbered years when Congress reconvenes following the November general election to take care of unfinished legislation.  Unfortunately, it’s not surprising that Senate Republicans succeeded in blocking the DREAM Act from coming up for a vote.  What should be an unobjectionable bill—giving relief to those who were raised in this country and who never made the decision to cross the border illegally—has consistently faced mean-spirited opposition from Republican lawmakers.

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ALERT: ICE Issuing More Than 500 Inspection Notices to U.S. Employers

Sep 17, 2010 by No Comments

The Immigration and Customs Enforcement (ICE) division of the Department of Homeland Security (DHS) has told the American Immigration Lawyers Association (AILA) that is serving over 500 inspection notices to U.S. companies this week.  ICE has confirmed that the employers they have chosen are largely based on leads suggesting that these employers may be engaged in hiring unauthorized workers, paying unfair wages, or otherwise exploiting foreign national labor. 

Please don’t hesitate to contact our San Francisco immigration law firm if you have questions or concerns about the above.

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Posted in Alerts, Crimes and Immigration | Read More »

Are we only DREAM-ing?

Sep 16, 2010 by No Comments

Senate Majority Leader Harry Reid (D-NV) has announced that he intends to attach the Development, Relief, and Education for Alien Minors (DREAM) Act (first introduced in 2001) as an amendment to the Department of Defense Authorization Bill scheduled for floor action next week.  The last time the Senate voted on the DREAM Act was in 2007 as a stand-alone measure.  At that time, it was 8 votes short of overcoming a filibuster. 

The DREAM Act offers a path to legal status for individuals who entered the U.S. at a young age without documentation.  Specifically, the bill is for those who have been raised in the U.S., graduated from high school in the U.S., stayed out of trouble in the U.S. and those who plan to attend college or perform U.S. military service for at least 2 years.  Every year, approximately 65,000 high school graduates across the U.S. meet these criteria.  They are culturally American with little attachment to their country of birth.  Because there is no relief currently available, many individuals who want to be productive members of society can’t be.

Passing the DREAM Act is so obviously the right thing to do.  As a society, why in the world would we want to foreclose opportunities for those who never made the decision to cross the border illegally, but who instead were brought here, raised here, and who are culturally American.

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Posted in Alerts, immigration reform, Politics/Current Events | Read More »

Visa Waiver Program Travelers Must Now Pay Fee

Sep 13, 2010 by No Comments

Starting September 8, 2010, Visa Waiver Program travelers applying for or renewing their travel with the Electronic System for Travel Authorization (ESTA) must pay a $14 fee by credit card in order to receive authorization.  $4 of each payment will go to administering the ESTA and the other $10 is a travel promotion fee established by the Travel Promotion Act of 2009.

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H-1B Visas for Chinese Nationals Now Granted for 12-Months

Sep 10, 2010 by No Comments

The Department of State has revised the Country Reciprocity Schedule for China, which is a chart stating, among other items, the validity periods for various visa categories.  H-1B visas, which were previously granted for a short period, are now granted with a validity period of 12 months.  This means that H-1B beneficiaries from China can travel for up to 12 months without having to obtain a new visa.

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Posted in Alerts, Nonimmigrant Visas | Read More »

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