New York City Immigration Lawyer. NYC immigration lawyer assisting with K-1 fiancee visas, EB 1-A Extraordinary Abilities Visa, EB 1-2 Outstanding Researchers and Professors Visa, and all other visas, green cards, naturalization and citizenship. Gafner Law Firm is a full service NYC immigration law firm serving clients in Manhattan, Staten Island, Brookyln, the Bronx, Queens, Nassau County, Suffolk County, Westchester County, Yonkers, Astoria, Greenpoint, Murray Hill, Bushwick, Park Slope, Bay Ridge, Brighton Beach, Brownsville, Corona, Harlem, SoHo, Tribeca, Longwood, Hunts Point, Flatbush, Brooklyn Heights, Wall Street, Jersey City and from throughout the world.

9th Circuit Rebuffs USCIS Adjudication of EB-1 Extraordinary Abilities Petitions

Chris Gafner — Wed, 10 Mar 2010 11:40:39 +0000

Last week, the 9th Circuit came down with a ruling that should have a great impact on how the USCIS adjudicates EB-1-1 Extraordinary Abilities petitions. The EB 1-1 (also known as EB 1-a) is used by highly successful foreign nationals to gain lawful permanent residency in the United States. The EB 1-1 visa requires an applicant to demonstrate that they have meet three of the requirements set out in the regulations.

Increasingly, however, the USCIS service centers have been adding additional requirements to EB 1-1 applicants. The added requirements have had no foundation in the law and have hindered well credentialed foreign nationals from obtaining permanent residency. The 9th Circuit’s decision rebuffs the added requirements and clearly stated that the USCIS can only decide EB 1-1 decisions based upon the requirements stated in the regulations.

With the 9th Circuit’s decision, the process for obtaining EB 1-1 immigrant visas should be less difficult and certainly more transparent.

New I-485 Form and Location Effective March 29

Chris Gafner — Tue, 09 Mar 2010 11:27:53 +0000

The USCIS has recently announced that a new I-485 form has been published and that all new applicants will need to use the form beginning before March 29. Additionally, the USCIS has announced a change in the location that I-485s are filed. The change in location is meant to facilitate a quicker means by which attorneys and applicants can follow their applications.

Form I-485 is used by foreign nationals who possess (or are applying for) immigrant visas using form I-130 or form I-140. The I-485 allows for foreign nationals to adjust status to lawful permanent residency.

NYC Immigration Fraudster Ordered to Pay $3 Million

Chris Gafner — Mon, 08 Mar 2010 10:14:13 +0000

A local New York City immigration fraudster has recently been ordered to pay $3 million in restitution and penalties. The fraudster, Miriam Mercedes Hernandez, was charged by the New York Attorney General’s office for defrauding immigrants by charging them each up to $15,000 for a visa that she claimed she could get through political connections.

Lets hope the Attorney General keeps up the pressure against these dubious fraudsters.

How Accurate is E-Verify?

Chris Gafner — Fri, 05 Mar 2010 10:33:50 +0000

A new report has cast doubt on how accurate the government’s E-verify is in detecting unauthorized employees. The report indicates that E-verify fails to identify over 50% of all unauthorized workers. As way of background, the E-verify program was created by the U.S. Government to provide a simple means by which an employer could determine whether or not a worker was authorized to work. The Government has expanded the program and now requires all federal contractors to enroll within the program.

The results of the new report cast great doubt on whether the government should continue to expand the program with the haste with which they are currently expanding it.

If you are interested in learning more about the e-verify system, please contact immigration attorney Chris Gafner.

H-1B Season Is In Full Swing

Chris Gafner — Thu, 04 Mar 2010 10:20:01 +0000

Beginning April 1, 2010, employers can submit an H-1B visa petition for an individual that they want to employ beginning October 1, 2010. Each year, the U.S. government imposes an arbitrary cap on 65,000 H-1B visas. In recent memory, with the exception of last year, the cap has been reached within days of the April 1st start date. Last year, the cap was reached in December.
If you are interested in sponsoring a worker for an H-1B, please contact Gafner Law Firm to learn more about your options.

Chart Of Immigration Detention Center Inspections

Chris Gafner — Wed, 03 Mar 2010 12:54:26 +0000

The New York Times has an excellent chart of Immigration Detention Centers from throughout the United States. The chart shows the average daily population of each detention center and also how each detention center was graded in its annual inspection.

Is This Immigrant The Next Thomas Edison?

Chris Gafner — Tue, 02 Mar 2010 13:18:45 +0000

Last week the Bloom Box was officially unveiled to the world. If its proponents are correct, the Bloom Box will radically redefine how America (and the World) gets its electrical energy. The creator of the Bloom Box is K.R. Sridhar and if you listen to him on 60 Minutes, you will know why some are saying he could be the next Thomas Edison. I don’t know if he will succeed. Although I hope he does and that he is also the next Henry Ford because Henry Ford’s model T brought the car to the masses and I hope he is able to bring cheap, clean energy to the masses.

Shouldn’t American Immigration policy make it easier for future-K.R. Sridhars to come into the United States to study, stay, and contribute to American society? Shouldn’t we do whatever is possible to make sure that future scientists want to come to America?

Governorator Says Go For It on Immigration Reform

Chris Gafner — Mon, 01 Mar 2010 13:18:25 +0000

Governor Schwarzenegger recently sat down for an interview on Fox News. During part of a long discussion on many topics, the Governorator said that there was never a good time for immigration reform and that continuously delaying the debate on immigration reform will not produce the outcomes that are desired. The Governorator sees the need for a better means of letting needed immigrants into the United States and urges Congress to act now – lets hope that members of Congress will listen to the Governor and will start debating immigration reform.

The discussion is on the Web and immigration is discussed starting at about 6 minutes 30 seconds in.

Cautionary Tale Of N-400 Naturalization Application

Chris Gafner — Thu, 25 Feb 2010 12:11:49 +0000

Last week, the New York Times ran a great story about a judge trying to help out a young man who was once a juvenile delinquent, but has turned into a model citizen of the community.

Unfortunately, the young man is not an American citizen and didn’t realize that he would be denied citizenship and possibly deported from the United States when he applied for citizenship. Why is he facing deportation? It is because of the acts he committed while a minor. Despite paying for his crimes by serving time in detention centers, the young man is not being given a second chance by the Immigration Agency and will probably be removed from the United States.

If you are a lawful permanent resident and are planning on applying for naturalization (or are planning on traveling internationally) and have been convicted of a crime, please contact an immigration attorney before moving forward.

DOS Makes Changes to K-3 Spouse Visa

Chris Gafner — Wed, 24 Feb 2010 14:01:37 +0000

The Department of State (DOS) has recently changed its procedure for the K-3 spousal visa. Originally, the K-3 visa was meant to provide an avenue for foreign nationals who are married to a U.S. citizen to come into the United States while they wait for the adjudication of an immigrant visa (I-130). Unfortunately, the process for obtaining the K-3 visa has often become just as long as the I-130 process.

Since the two applications are taking about the same amount of time, the DOS has changed its procedure. Now, when both the I-129F (for the K-3 visa) and the I-130 (for the immigrant visa) have been approved by the USCIS, the DOS will administratively close the I-129f application. This change is a logical step in lessening the DOS’s workload. Let’s hope that the change will allow the DOS and USCIS to hurry up its approval of K-3 visas where the I-130 petition lags.

Are Immigrants a Solution to the Rust Belt’s Economic Problems?

Chris Gafner — Tue, 23 Feb 2010 12:43:06 +0000

Seth Hoy of Immigration Impact recently discussed the benefits that Immigrants have, and can, bring to the Rust Belt’s economy. Rust Belt states have been in decline for many years, however, with the proper immigration system, the Rust Belt could reverse its decline and become economically viable again.

A Report on Hispanic Immigration and Crime Rates

Chris Gafner — Mon, 22 Feb 2010 12:39:17 +0000

Tyler Cowen (of Marginal Revolution) recently noticed and commented on a report about Hispanic immigration and crime rates. Many often equate Hispanic immigration with higher crime rates, however, it is evident from the report that many cities with large Hispanic populations have lower crime rates than other, commensurate cities.

No Americans Asking For Agricultural Jobs Filled By Immigrants

Chris Gafner — Fri, 19 Feb 2010 13:51:53 +0000

Massive layoffs are occurring in Washington State as many agricultural employers in the region are receiving letters from the U.S. government questioning the employment eligibility of some of their workers. One such employer, Glebber Farms has laid off over 550 employees.

Given the large number of unemployed workers in the region, one would expect many Americans would come running to ask for a chance to work. However, as one agricultural employer commented, “Americans don’t stop by and ask for jobs right now. There is a 10 percent unemployment rate. And I’ve not had a single U.S. American stop by and ask for a job.”

So, now that agricultural employers have work to do and no workers to do it…who exactly is benefiting???

Boulder Restauranteur Indicted for Defrauding Immigrants

Chris Gafner — Thu, 18 Feb 2010 12:09:51 +0000

A Boulder Restauranteur has been indicted in federal court on allegations of defrauding immigrants whom he employed at his thai restaurants located in Colorado. The restauranteur is accused of paying immigrants under the table, requiring immigrants to pay fictitious government fees, and requiring immigrants to sign “agreements” that would require an immigrant to pay $18000 to the restauranteur if the immigrant violated the terms of a contract.

Koch Food Fined $536,000 After Immigration Raid

Chris Gafner — Wed, 17 Feb 2010 11:46:39 +0000

It is being reported that Koch Food has agreed to pay a fine of $536,000 following a 2007 ICE raid where 161 of its employees were found to be unauthorized to work. As reported by the Associated Press, Koch Foods states that it did not knowingly hire the unauthorized workers. Instead, the fines are because the company failed to adequately complete employment verification forms.