Author: SCwpadmin

by SCwpadmin SCwpadmin 773 Comments

‘Tis the Season

Here in Colorado, the ski season so far is a bit of a bust as we are in desperate need of snow.  However, the H-1B season is in full swing. Under the law, only 85,000 new H-1B’s may be allotted for foreign professional workers each year, and 20,000 of those are reserved for individuals who have completed a master’s degree or higher in the United States.  The annual allotment of H-1B’s becomes available October 1, which is the start of the fiscal year.  However, employers may apply April 1stfor an H-1B with an October 1st start date.  In 2012, the H-1B cap was reached, meaning that all of 85,000 H-1B’s had been allotted, in ten weeks. Due to the improvement in the economy, it is expected that this year the H-1B cap will be reached even sooner, quite possibly the first week in April. 


Foreign workers who have never previously been in H-1B status for a private employer are subject to the cap, meaning they must receive one of the coveted 85,000 H-1B’s in order to work in the U.S. in H-1B status.  In contrast, except in extremely unusual circumstances, foreign workers who have previously held an H-1B for a private employer are not subject to the cap and often can extend their H-1B status, even if changing employers.  An individual who does not receive an H-1B in the allotment would then have to apply next year.  While certain individuals may have other options to continue employment in the U.S., depending on circumstances, we encourage all employers who need an H-1B for cap-subject individuals to start the process as soon as possible so that the petitions are ready to be filed April 1st. 


If you intend to hire foreign workers, please join Ste

rn & Curray on February 6th from 12:00-1:00 pm (MST) for a complimentary teleconference that will help employers understand and plan for the H-1B cap. For more information, including how to RSVP, follow this link: http://conta.cc/Uvr9cl.

by SCwpadmin SCwpadmin 8 Comments

The Latest on Immigration Reform

We are all delighted that President Obama addressed immigration reform in his inaugural speech on January 21st.  The President’s statement that, “Our journey is not complete until we find a better way to welcome the striving, hopeful immigrants who still see America as a land of opportunity; until bright young students and engineers are enlisted in our workforce, rather than expelled from our country,” indicates that he is making comprehensive immigration reform a priority.  This is welcome news and we look forward to further developments.  As always, we will post the latest information regarding changes to the law and policy that benefit our clients and all of our nation’s immigrants. 

 

 

 

 

by SCwpadmin SCwpadmin No Comments

More Facts on the New Stateside Provisional Waiver Rule

The new stateside provisional waiver rule will result in dramatically reduced periods of separation between U.S. citizens and foreign nations in some case.  However, not all foreign nationals who have a U.S. citizen immediate relative (spouse, parent, child over 21 years of age) will benefit from this rule. It is important to understand the scope and limitations of this new rule. 

To be eligible for the new provisional unlawful presence waiver an individual must meet the following criteria:

  1. You are physically present in the U.S.

  2. You are at least 17 years of age at the time of filing.

  3. You are the beneficiary of an approved immigrant visa petition classifying you as the immediate relative of a U.S. citizen.

  4. You have an immigrant visa case pending with the U.S. Department of State for which you have already paid the immigrant visa processing fee.

  5. You believe you are, or will be at the time of the immigrant visa interview, inadmissible based on having accrued a certain period of unlawful presence in the United States.

  6. You meet all of the requirements of the provisional unlawful presence waiver as listed in the regulations, form I-601A and its instructions.

Individuals are not eligible for provisional unlawful presence waivers and their applications will be rejected or denied in the following circumstances:

  1. You fail to meet the eligibility requirements discussed above.

  2. You have a pending form I-485 with USCIS to adjust your status to that of a permanent resident

  3. You are in removal proceedings unless your removal proceedings are administratively closed and have not been re-calendared as of the date of filing of the I-601A.

  4. You have been ordered removed, excluded, or deported from the United States.

  5. You are subject to reinstatement of a prior removal order.

  6. DOS acted to schedule your immigrant visa interview prior to January 3, 2013, even if you fail to appear or you or DOS cancelled or rescheduled the interview on or after January 3, 2012. 

  7. You do not establish that a refusal of your admission to the United States would result in extreme hardship to a U.S. citizen spouse or parent, or that your application should be approved as a matter of discretion.

  8. USCIS has reason to believe that DOS may find you inadmissible at the time of your immigrant visa interview for grounds other than unlawful presence. 

These eligibility requirements and grounds for ineligibility emphasize a couple of key points.  First, the program is only available when there is hardship to a U.S. citizen spouse or parent, not a lawful permanent resident spouse or parent. The new rule also is not available for individuals who need waivers other than the waiver for unlawful presence.  For example, individuals that need fraud waivers or waivers for certain criminal offenses are not eligible for this new waiver procedure. An individual may become eligible for the program even if they are in removal proceedings if they are able to successfully petition the government to administratively close their removal proceedings. Of course, the individual must also meet the other eligibility requirements describe above.    

To learn more about this exciting new rule and determine whether or not you or a relative is eligible for the program, please contact us for a consultation. 

by SCwpadmin SCwpadmin 23 Comments

The Long Awaited "State-side Waiver" Has Arrived!

On January 6, 2012, the Department of Homeland security published a proposed rule that would change the process for how certain undocumented relatives of United States citizens apply for a waiver of the time they were in the United States without permission. U.S. Citizenship and Immigration Services stated that they received over 4,000 comments on the proposed rule. A year later, on Wednesday January 2, 2013, the final rule was issued!


Many undocumented relatives of U.S. citizens who are applying for permanent residence must leave the United States and complete the process at a consulate in their country of birth. The Catch-22 of the process has been that once the person departs the United States, the immigration law says that the person must wait in their birth country for ten years as punishment for the time they were unlawfully in the U.S. The person can apply for a waiver of this punishment, but, prior to the change under the final rule, the application for the waiver could only be made at the consulate abroad after the interview. The processing of those waiver applications often takes a year or more. During that time the husband and wife, parent and child, etc. are often separated. The result of the waiver processing abroad has been that many families found the risks of having the undocumented family member leave the United States to complete the processing of the permanent resident application and waiver was too great and decided not to apply, adding to the numbers of undocumented people living in the U.S.


The“state-side waiver” process aims to reduce the risk of prolonged family separation by allowing the applicant for permanent residence to apply for and receive an approved waiver prior to departing the United States for the consular interview. As a result, the period that the applicant for permanent residence will have to spend in the country of birth could be reduced to as little as a week.

Immigration will begin accepting applications for the new waivers on March 4.

by SCwpadmin SCwpadmin 692 Comments

Colorado Heights University Offers Intensive English Language Program

The next session of Colorado Heights University’s (CHU) intensive English language program begins January 7, 2013.  Prospective students whose first language is not English will be able to speak, listen, read, and write English more fluently once they’ve graduated from the 12-month course.  Classes are taught at CHU campus in Denver.

 

“I’m excited to get the word out about our program to immigrant families so they can be more involved in their children’s activities, participate actively in the community, and communicate in a more effective way with current or future employers,” said Pam Smith, Executive Director of Marketing & Admissions.


CHU’s core mission is to serve local immigrant and first-generation college students along with international students.  For more information, prospective students can set up a time to tour the campus by calling 303-937-4225. 

by SCwpadmin SCwpadmin 79 Comments

House Passes Controversial STEM Jobs Act – Uphill Battle in Senate


Last week the U.S. House of Representatives passed the controversial STEM Jobs Act (H.R. 6429), a Republican-backed measure that was approved by a 245-139 vote. In addition to offering a limited number of visas for family reunification through the creation of new “V” visa categories, the bill would provide up to 55,000 immigrant visas per year for foreign students who graduate from U.S. universities with advanced degrees in science, technology, engineering, or mathematics (STEM). To do so, the legislation proposes to eliminate the longstanding Diversity Visa Program, which awards the same number of immigrant visas annually to applicants from countries that are under-represented in the U.S. immigration system.

Proponents of the bill included the majority of House Republicans and 27 House Democrats. They advocate that the STEM Jobs Act is critical for economic growth and believe that it will enable the U.S. to maintain its competitive advantage by retaining highly skilled and sought after STEM graduates within our borders.

Most Democrats and the Obama Administration oppose the bill in part because it would cut the Diversity Visa Program which they deem valuable to the American immigration system and to the country as a whole. The White House also opposes the bill because it “does not support narrowly tailored proposals that do not meet the President’s long-term objectives with respect to comprehensive immigration reform.”

The bill is also opposed by NAFSA: The Association of International Educators. In a press statement, the group announced that it opposes the STEM Jobs Act because “it perpetuates a divisive, us-versus-them approach to immigration reform.” Although the group supports the creation of visas for foreign graduates of U.S. institutions of higher education, it does “not support creating a new path for international students by eliminating another immigration program.

The STEM Jobs Act is not expected to progress in the Senate, where Democrats hold a majority. Please refer back to our blog for updates on the STEM Jobs Act and other pieces of proposed immigration legislation.

 

by SCwpadmin SCwpadmin 28 Comments

Immigration Reform in 2013?

The 2012 election put the spotlight on immigration reform.  The candidates’ contrasting positions on immigration policy was highlighted throughout the presidential campaigns and the results of the Presidential Election have been attributed in part to how those positions influenced voter turnout and the margin in favor of President Obama.  In the wake of the election, many are waiting to see whether immigration reform will remain a priority of the White House and a commitment of Congress.    


There are early signs that although the “fiscal cliff” is the immediate priority, immigration reform remains a key issue to be tackled in the coming months. At a news conference the week after the election, President Obama said he expects Congress to propose a comprehensive immigration reform bill in early 2013.  There have also been encouraging signs that Congress is committed to taking action on meaningful immigration reform.  A day after the election, Speaker of the House of Representatives John Boehner (R) told ABC News that he was confident Congress could work with the White House on a comprehensive immigration solution.  An encouraging sign that needed bipartisanship for immigration reform may be present also include post-election statements from top Republicans affirming that the party needs to move forward on immigration reform. 

Taking a cue from poll results collected a day after the election that showed majority support for immigration reform, including wanting to see undocumented people in the United States provided with a “path to citizenship,” is a smart move for both parties.  But while the reality of votes and election demographics is undoubtedly a significant motivator for bipartisanship on immigration reform, both parties’ ideological underpinnings provide independent reasons to enact reform. Now, we all hold our breathe to see if, and how, the two parties will work out a compromise in 2013 that repairs our broken immigration system.  

 

 

by SCwpadmin SCwpadmin 87 Comments

H-1B Season is Coming

The most important season for immigration law not winter, spring, summer, or fall. Rather, it is “H-1B Season.”

As of April 1, 2013, USCIS will start accepting H-1B applications for the next fiscal year with an effective date of October 1, 2013.  USCIS will continue accepting applications until the H-1B cap numbers have been exhausted (65,000 regular H-1B numbers and 20,000 numbers for applicants with a master’s degree or higher).


In 2007, during the first week of April, USCIS received approximately twice as many applications as there are H-1B cap numbers.  In subsequent years, due to the recession, H-1B numbers lasted as long as January of the following year.  The numbers ran out quite quickly in 2012 and we expect that they will run out even faster in 2013.  Therefore, employers should start the process of preparing H-1B applications for appropriate candidates in the near future . We want to make sure that our clients have sufficient time to prepare the applications to have them ready to file by April 1, 2013.

by SCwpadmin SCwpadmin 553 Comments

Pentagon Reopens the MAVNI Program Allowing Immigrants with Temporary Visas and Special Skills to Enlist in the U.S. Armed Forces

Thousands of immigrants successfully petitioned the U.S. government to reopen a special program that allows individuals in non-immigrant status to serve in the military if they possess designated specialized skills.  Ordinarily, only lawful permanent residents or U.S. citizens can enlist in the armed forces.  The program, entitled Military Accessions Vital to the National Interest (MAVNI), seeks legal immigrants with medical or certain language skills to serve in the U.S. military in exchange for an expedited path to citizenship. The program is relatively small, allowing a maximum of 1500 recruits for each two-year period, the majority of whom will serve in the army.  Pentagon spokesperson Eileen Lainez stated the program is intended to fill “some of our most critical readinessneeds.”  The MAVNI program focuses on securing medical professionals such as dentists and surgeons, as well as psychology professionals who help manage the severe emotional strain many soldiers experience while serving in combat areas in Afghanistan and Iraq.  Additionally, officials are seeking native speakers of 44 different languages.  The reopening of this program is based on the exemplary members produced by the MAVNI program in the past,many of whom distinguished themselves as exceptional soldiers.  A powerful incentive of the program is that it allows enlistees to naturalize as U.S. citizens at the end of basic training, which only lasts about ten weeks. 


 

The temporary non-immigrant categories eligible for enlistment include: asylees, refugees, individuals in temporary protected status, or individuals in the following nonimmigrant categories, E, F, H, I, J, K, L, M, O, P, Q, R, S, T, TC, TD, TN, U, or V. To qualify for the program, the applicant must have been present in the U.S. in one of the listed visas for at least two years immediately prior to enlisting. Additionally, applicants must not have been outside the U.S. for more than a 90-day period during the two years, must be high school graduates, and must pass an entrance exam.  Other technical requirements must also be met in order to enroll.

 
If you are interested and think you may be eligible to serve in the program, it is best to speak to a legal professional to ensure eligibility to apply. Further information is available on the Defense Department website, including requirements for healthcare professionals and individuals with special language and cultural backgrounds. 
by SCwpadmin SCwpadmin 155 Comments

Visa Backlogs

The December Department of State visa bulletin shows very little movement in the immigrant visa backlogs, both for the family and employment-based categories. The only category that advanced more than a month was the EB–3 category for China, which moved from April 15, 2006 to July 1, 2006.  In light of the recent presidential election, there is much hope that various types of immigration reform will be passed, including some form of relief from the extensive backlogs. Such relief could come in the form of removing the individual country limits, or no longer counting derivative applicants against the limits. Only time will tell if such reprieve will become a reality.

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