Tuesday, March 25, 2014

H-1b cap fy2015 news

Premium Processing for Cap-Subject Petitions to Begin by April 28, 2014 WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2015 cap on April 1, 2014. Cases will be considered accepted on the date that USCIS receives a properly filed petition with the correct fee. USCIS will not rely on the date that the petition is postmarked. The congressionally mandated cap on H-1B visas for FY 2015 is 65,000. The first 20,000 H-1B petitions filed on behalf of individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap. USCIS anticipates receiving more than enough petitions to reach both caps by April 7. The agency is prepared to use a random selection process to meet the numerical limit. Non-duplicate petitions that are not selected will be rejected and returned with the filing fees. Due to the high level of premium processing receipts anticipated, combined with the possibility that the H-1B cap will be met in the first 5 business days of the filing season, USCIS has temporarily adjusted its current premium processing practice. To facilitate the prioritized intake of cap-subject petitions requesting premium processing, USCIS will begin premium processing for H-1B cap cases no later than April 28, 2014. For more information on premium processing for FY 2015 cap-subject petitions, see the USCIS Alert. H-1B petitioners should follow all requirements to avoid processing delays and possible requests for evidence. USCIS has detailed information, including an optional checklist, to assist in completing and submitting an FY 2015 H-1B petition. The processing worksheet is available on the USCIS website, www.uscis.gov. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming. For more information on the H-1B nonimmigrant visa program and current Form I-129 processing times, visit the H-1B FY 2015 Cap Season Web page. Or call the National Customer Service Center at (800) 375-5283 or (800) 767-1833 (TDD for the hearing impaired). For more information on USCIS and its programs, please visit www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis), and the USCIS blog The Beacon.

Monday, February 3, 2014

U.S. Immigration Lawyer in Cincinnati, Ohio: Will Justin Bieber be deported? A legal analysis

U.S. Immigration Lawyer in Cincinnati, Ohio: Will Justin Bieber be deported? A legal analysis: Is Justin Beiber going to be “Deported”? Justin Bieber is an internationally-recognized pop star who has recently gained notoriety, not f...

Link text

Will Justin Bieber be deported? A legal analysis

Is Justin Beiber going to be “Deported”? Justin Bieber is an internationally-recognized pop star who has recently gained notoriety, not for his singing or performing abilities, but for his repeated run-ins with the law. In January of this year alone, sources have reported that Bieber egged his neighbor’s house in California, allegedly causing $20,000 in damages; that he was arrested in Miami and charged with driving under the influence, resisting arrest, and driving with an expired license; and that he was charged in connection with an alleged assault of a limo driver in December after he turned himself in to the Toronto police. Although this type of behavior is fairly expected, if not common, among both celebrities and teenagers in general, Bieber’s legal issues could potentially have much farther-reaching consequences than how they would affect other teenage boys. Because Justin Bieber is originally from Canada, he is required to apply for a visa in order to be allowed to live and work in the United States. He is currently in the country on an O-1 visa, which is granted to people with “extraordinary ability in the sciences, arts, education, business or athletics” and which allows him to temporarily live and work here. However, under current immigration law, Bieber’s legal troubles could potentially subject him to deportation or render him “inadmissible,” meaning that he would not be able to renew his visa in the future. These possibilities are discussed in further detail below. Deportability 8 USC 1227 lists the reasons why an alien who is already present in the United States can be subject to removal from the United States. If Bieber is ultimately convicted of some or all of the crimes with which he is charged, he could be deported under 8 USC 1227(a)(2) for committing a crime involving moral turpitude, for having multiple criminal convictions, for having committed an aggravated felony, or for any combination of the three. However, because Bieber has only been accused, but not convicted, of egging his neighbor’s house and assaulting a limo driver, it is too early to predict whether he will ultimately be deported from the U.S. Alternatively, now that a White House petition calling for Bieber’s deportation has acquired more than 100,000 signatures in one month—the number of signatures that require the White House to answer the petition—perhaps the White House will address the issue before Bieber has a chance to make it through the court system. Inadmissibility
8 USC 1182 provides an extensive list of the kinds of aliens who are not eligible to receive visas or be admitted into the United States. If Justin Bieber is ultimately convicted of some or all of the crimes with which he has been charged, he could be deemed inadmissible under 8 USC 1182(a)(2). That section addresses the inadmissibility of aliens who have been convicted of certain crimes, or multiple crimes, or both. Nevertheless, it is still too early to tell whether Bieber will be deemed inadmissible and unable to renew his O-1 visa because, again, he has yet to be convicted of any of his pending charges. As a practical matter, it seems fairly unlikely that Justin Bieber will be deemed inadmissible or will face deportation. He has the means to hire prominent defense attorneys who will do their best to ensure that Bieber is either not convicted of any of his pending charges, or that his convictions will not affect his immigration status. Additionally, and perhaps more importantly, Bieber’s status as a famous pop star will be useful in influencing a judge to be more lenient in deciding how to convict and sentence Bieber so he can avoid the negative immigration consequences that accompany a criminal record. However, Bieber’s situation is not typical of the majority of aliens who have experience with the United States’ criminal justice system; many aliens are unable to afford a private attorney to represent them, and judges are much less willing to be forgiving in regards to convicting and sentencing them. So, while Bieber will probably be safe for now, thousands of other aliens—who may not have money or status, but who do have jobs and families and other connections to this country—are being deported or denied entry to the U.S. every day. Neil Fleischer is an attorney who has been practicing immigration law since 2000. He is based out of Cincinnati Ohio and has clients throughout the world. Lisa Splawinski is a second-year law student at the University of Cincinnati and a law clerk at the Fleischer Law Firm who is interested in practicing immigration law after graduation.

Monday, January 20, 2014

Could Justin Bieber be deported ?

Could Justin Bieber be #deported? http://tinyurl.com/pe6dfkf #immigration #bieber #yolkonface If he is convicted of an agrravated felony he could . An aggravated felony ) is used in the United States immigration law to refer to a broad category of criminal offenses that carry certain severe consequences for aliens seeking asylum, legal permanent resident status, citizenship, or avoidance of deportation proceedings. Anyone convicted of an aggravated felony and removed from the United States "must remain outside of the United States for twenty consecutive years from the deportation date before he or she is eligible to re-enter the United States. It is doubful he will be convicted, thus it would not trigger immigraiton consequences... but if it did? Baby, baby baby..... Could he have yolk on his face?

Friday, December 6, 2013

Eb-2 and EB-3 from China visa bulletin updates

Beginning with the June 2013 Visa Bulletin, the third preference employment-based immigrant visa category (EB-3) for individuals born in the People’s Republic of China (China) has a more recent cut-off date than the second preference employment-based category (EB-2). The December 2013 Visa Bulletin indicates that EB-3 immigrant visas are available for Chinese nationals whose priority dates are earlier than October 1, 2011, while EB-2 visas are available for those whose priority dates precede November 8, 2008. This situation is likely to continue.1 Accordingly, practitioners should consider filing Immigrant Petitions for Alien Worker (Form I-140) in both the EB-2 and EB-3 categories either concurrently for new petitions, or filing an EB-3 petition for a Chinese national who is already the beneficiary, Please contact us if interested

Tuesday, October 1, 2013

E-verify is unavailable

E-Verify is currently unavailable due to a government shutdown. While E-Verify is unavailable, you will not be able to access your E-Verify account. As a result, you will be unable to: • Enroll any company in E-Verify • Verify employment eligibility • View or take action on any case • Add, delete or edit any User ID • Reset passwords • Edit your company information • Terminate an account • Run reports • View 'Essential Resources.' Please note that all essential resources may be found by visiting www.dhs.gov/e-verify. In addition, E-Verify Customer Support and related services are closed. As a result: • Employees will be unable to resolve Tentative Nonconfirmations (TNCs). • Telephone and e-mail support will be unavailable. You may send e-mails, however, we cannot respond until we reopen. • E-Verify webinars and training sessions are cancelled • E-Verify Self Check will not be available We understand that E-Verify’s unavailability may have a significant impact on your company’s operations. To minimize the burden on both employers and employees, the following policies have been implemented: • The 'three-day rule' for E-Verify cases is suspended for cases affected by the shutdown. We’ll provide additional guidance once we reopen. This does NOT affect the Form I-9 requirement—employers must still complete the Form I-9 no later than the third business day after an employee starts work for pay. • The time period during which employees may resolve TNCs will be extended. Days the federal government is closed will not count towards the eight federal government workdays the employee has to go to SSA or contact DHS. We will provide additional time once we reopen. • For federal contractors complying with the federal contractor rule, please contact your contracting officer to inquire about extending deadlines. • Employers may not take any adverse action against an employee because of an E-Verify interim case status, including while the employee’s case is in an extended interim case status due to a federal government shutdown (consult the E-Verify User Manual for more information on interim case statuses). We apologize for any inconvenience and look forward to serving you once we resume operations. Please subscribe to this distribution list to receive future alerts when service resumes. Please do not reply to this message. See our Contact E-Verify page for phone numbers and e-mail addresses. ________________________________________

Monday, September 23, 2013

Tuesday, August 6, 2013

Could a Star of REAL HOUSEWIVE"S of New Jersey be deported?

Two stars of the "Real Housewives of New Jersey" have been freed on $500,000 bond each amid fraud charges. Teresa Giudice and her husband, Giuseppe "Joe" Giudice, appeared in federal court Tuesday morning. The Giudices are charged in a 39-count indictment with conspiracy to commit mail and wire fraud, bank fraud, making false statements on loan applications and bankruptcy fraud. They both had to surrender their passports and can't travel outside of New Jersey and New York. The husband could be deported to Italy if convicted because he's not a U.S. citizen. Authorities say the couple submitted fraudulent mortgage and loan applications from 2001 to 2008, including fake tax returns and W-2s. Prosecutors allege Joe Giudice failed to file tax returns for the years 2004 through 2008. The most serious charges the couple face, bank fraud and loan application fraud, carry a maximum potential penalty of 30 years in prison and a $1 million fine. If convicted, Joe would be considered an "aggravated felon" under immigration laws be subject to mandatory detention ( no bond) and removal. If you ask me, that is better than being on that show which my wife and others cnsider a guilty pleasure. I love when pop culture and immigraiton law mix

Mark Zuckerberg "likes" CIR and "pokes" Congress to do pass comprehensive immigration reform as it effects high tech workers too

"Facebook CEO Mark Zuckerberg supported immigration refporm Monday night when he joined publicly with tech leaders, civil rights activists and undocumented immigrants to call for a comprehensive overhaul of the nation's immigration policies - an issue he said touches not just Silicon Valley but "the whole country." "This is something that we believe is really important for the future of our country - and for us to do what's right," the social media innovator told a crowd of several hundred at the Yerba Buena Center for the Arts in San Francisco. H-1b visas are used to bring high tech workers and those with BA degrees r higher to the United States to work. The current law limits to 65,000 the number of foreign nationals who may be issued a visa or otherwise provided H-1B status each fiscal year (FY). Laws exempt up to 20,000 foreign nationals holding a master’s or higher degree from U.S. universities from the cap on H-1B visas. In addition, excluded from the ceiling are all H-1B non-immigrants who work at (but not necessarily for) universities, non-profit research facilities associated with universities or government research facilities

Friday, July 26, 2013

New Visa Category for Comprehensive Immigration Reform

With Comprehensive Immigration Reform on again off again proposition, the fine folks at the Onion had a new idea for a new visa category. Click link below for details from the Onion http://tinyurl.com/q5pquo8

Thursday, July 18, 2013

Hail to the victors. University of Michigan to allow in state tuition to undocumented aliens

ANN ARBOR, Mich.—The University of Michigan on Thursday decided to let immigrants living in the country illegally pay lower, in-state tuition, a victory for activists who said one of the nation's most prestigious schools is financially out of a reach for high school graduates living in the state without legal permission.

Wednesday, June 26, 2013

Supreme Court strikes down DOMA - what are Immigration consequences?

With the demise of the Defense of Marriage Act, commonly referred to as DOMA, the path toward same sex or gay spousal immigration rights has been paved. While no statement has yet been released by the US Citizenship and Immigration Services (USCIS), it is difficult to define any grounds that USCIS might rely on to continue its past ban on recognizing same sex marriages. "The federal statute is invalid [DOMA], for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity,” Justice Anthony Kennedy wrote in the majority opinion. “By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.” Perhaps most importantly for same sex partners seeking immigration benefits, DOMA was not struck down on 10th Amendment arguments, i.e. making gay marriage a purely State’s Rights issue. Rather DOMA was struck down on 5th Amendment grounds. As such there appears no legal wall behind which USCIS may hide its current anti-same sex marriage stance. If a state or nation recognizes same sex marriage, the federal government – USCIS included – may not displace, disparage, or cause injury to same sex married spouses. In other words, regardless of how USCIS reacts to the Supreme Court decision, those that attempt to file cases based on same sex marriage appear to have a very solid case should USCIS deny a case and the case then be taken up on appeal to federal court. Whether a few test cases will be needed to prod USCIS in line with the Supreme Court’s decision or whether USCIS will actively reach out to the LGBT community to assist them in filing their petitions remains to be seen. Christopher M. Pogue, Esq. is Of Counsel with the Fleischer Law Firm, LLC in Cincinnati, Ohio. His law practice specializes in representing individuals, families, and businesses around the United States and around the world in US immigration matters.

Tuesday, April 16, 2013

Update on H-1b receipts for FY 2014

USCIS has started the data entry process for H-1B petitions selected in the lottery. Premium processing cases are being handled first and data entry for those cases should be completed by April 15. USCIS announced on March 15, 2013, that the 15-day premium processing clock will start on April 15. (AILA Doc. No. 13031549) At the AILA Spring CLE conference on April 12, 2013, Donald Neufeld, Associate Director of the Service Center Operations (SCOPS) Directorate, informed the audience that data entry for non-premium processing cases will begin after the premium processing cases are entered. Data entry for non-premium cases will likely not be completed until sometime in May, and rejection notices for petitions not selected in the lottery will be sent out after that. Please note that when the cap was reached on the first day in 2008, USCIS did not complete data entry and issue receipt notices until late in May.

Monday, April 15, 2013

According to Leakied CIR plans

1. The Border Security "Trigger" The bill creates a pathway to citizenship for undocumented immigrants who meet certain qualifications, but applicants would need to undergo a 10-year probationary period before being eligible for a green card. The decade-long wait comes with another caveat: The federal government will need to meet certain border security benchmarks before any undocumented immigrants can receive a green card. The benchmarks? An operational border security plan, a completed border fence, a mandatory employment verification system across the country and a system to track exits at airports and seaports, according to reports in several news outlets. The border security plan would require surveillance of 100 percent of the U.S.-Mexico border and 90 percent effectiveness in border enforcement, The New York Times reported. If those goals are met, immigrants who completed the 10-year waiting period would be eligible to apply for a green card. 2. The Cut-Off Date Of the estimated 11 million undocumented immigrants in the U.S., hundreds of thousands may not be eligible for the path to citizenship being offered by the Senate, the AP reported on Friday. The bill requires that applicants prove they were in the country before December 31, 2011, the AP reported. That means anyone who arrived after that date would be excluded. There will be other requirements, too, like proving you have a clean criminal record and that you have enough job stability to stay off welfare. How the bill defines those things -- criminality and financial stability -- could decide the fate of thousands. 3. More Visas for Workers The majority of immigrants who receive legal permanent residence in the U.S. get their visas because of family ties. But the Senate bill will add a major new "merit-based" program, The New York Times reported on Thursday. Here's what will happen, according to the Times: Over a 10-year period, the government will seek to clear the backlog of 4.7 million immigrants waiting to come to the U.S. After that, the bill will create a new, merit-based visa program that will offer legal permanent residence based on work skills. At the same time, some family-based visas will be eliminated. Siblings of U.S. citizens would no longer be eligible for green cards, the documents that show legal permanent residence. The exact balance of family visas to employment visas in the Senate proposal isn't clear, but the bill would focus on bringing in more workers of all skill levels.