The story focused on two American companies who are suffering because of the increasing difficulty.  The first is a family farm who has been unable to recruit American workers to harvest the [...]]]> Bloomberg BusinessWeek recently ran a story about the increasing difficulty companies are having obtaining temporary visas for workers who they need to operate their companies.

The story focused on two American companies who are suffering because of the increasing difficulty.  The first is a family farm who has been unable to recruit American workers to harvest the farm’s produce.  Unable to recruit American workers, the farmer has been unable to bring in temporary workers through the H-2b visa category.  This, despite the number of H-2Bs being down 52% this year.

The second company has had difficulty obtaining H-1B visas for qualified workers who the company cannot find in the United States.  The report noted that during the last year the number of H-1B petitions that received Requests for Further Evidence (RFEs) doubled.

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The EB 1-1 and EB 1-2 Visas are used to attract the best and brightest immigrants to [...]]]> Last week, the USCIS issued a proposed memorandum for revising its criteria for adjudicating the EB 1-1 and EB 1-2 Visas.    The USCIS is seeking shareholders to comment on its memorandum before it either makes it official or withdrawals it.

The EB 1-1 and EB 1-2 Visas are used to attract the best and brightest immigrants to the United States.  The EB 1-1 visa is for individuals with extraordinary abilities.  The EB 1-2 visa is for outstanding researchers and professors.

The revised memorandum was issued following the 9th Circuits rebuke of the USCIS’s current policy for adjudicating these visas.  The 9th Circuit called the USCIS’s criteria “novel” and not inline with the EB 1-1 and EB 1-2 regulations.

Comments must be received by September 3, 2010.

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The change of address is meant to streamline the processing of the applications.  Additionally, the new address will allow for the immigration agency [...]]]> The USCIS has recently announced a change of address for the I-526 form.  This form is used by EB-5 Visa Investors who are applying for a green card through the EB-5 immigrant investor category.

The change of address is meant to streamline the processing of the applications.  Additionally, the new address will allow for the immigration agency to provide applicants and attorneys the ability to be notified by email or text message when the application is received.

The new address for the I-526 form for immigrant investors is:

For U.S. Postal Service:

USCIS
P.O. Box 660168
Dallas, TX 75266

For Express mail or courier deliveries:

USCIS
Attn: I-526
2501 S. State Highway 121 Business
Suite 400
Lewisville, TX 75067

If you would like to learn more about the process for obtaining an EB-5 investor immigrant green card, please contact Gafner Law Firm.

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Most recently, the Attorney General’s Office announced the shutdown of seven companies who are accused of [...]]]> The New York State Attorney General’s Office is continuing its effort to rid New York State of the immigration fraudsters who attempt to exploit unknowing immigrants by misrepresenting their credentials (and abilities) while bulking immigrants out of exorbitant amounts of money.

Most recently, the Attorney General’s Office announced the shutdown of seven companies who are accused of defrauding immigrants or the unauthorized practice of law.  The seven organizations are:  (1) Centro Santa Ana, Inc. and Ana Lucia Baquero, in Queens; (2) Margo’s Immigration Services and Margarita Davidov a/k/a Margo Davidov, in Queens; (3) Miguel Fittipaldi, J.D., Ltd. and Miguel Fittipaldi, in Manhattan; (4) Arthur C. Hurwitz, in Manhattan; (5) Oficina Legal Para Hispanos, P.C. and Geoffrey S. Stewart, in Manhattan; (6) Asilos and Camilo Perdomo, in Queens; and (7) Mision Hispana, Inc. and Mayra Liz, in Queens.

Often, taking a few practical steps can help immigrants determine if a person or organization is not an appropriate immigration advisor.  To learn more, please visit this site’s “Spotting Immigration Fraud” web page.

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Once the quotas are met, the H-1B will be [...]]]> Each week the USCIS update its count of a 20 petitions filed for upcoming fiscal year 2011 (starting October 1, 2010). As of July 13, 2010 the USCIS has received 29,700 petitions toward the 65,000 quota and 12,300 petitions towards the 20,000 quota for applicants with advanced degrees.

Once the quotas are met, the H-1B will be unavailable until the beginning of fiscal year 2012.

To learn more about the H-1B process, and whether your company or job offer meets H-1B criteria, please contact a NYC H-1B attorney.

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What is the I-864, Affidavit of Support: the I-864 affidavit of support is required for certain family-based immigration benefits including permanent residency. [...]]]> Overview: The US Department of Health and Human Services (HHS) publishes poverty guidelines each year. These guidelines determine the level of support needed for the I-864 affidavit of support and the I-134 affidavit of support.

What is the I-864, Affidavit of Support: the I-864 affidavit of support is required for certain family-based immigration benefits including permanent residency. On the I-864, a sponsor must demonstrate that he or she has income exceeding 125% of the applicable poverty guideline. An immigrant applicant may have more than one I-864 affidavit of support filed for him or her.

What is the I-134, Affidavit of Support: The I-134 affidavit of support is required for certain nonimmigrant benefits including K-1 fiancé visa application. On the I-134, affidavit of support, a sponsor must demonstrate that he or she has income exceeding 100% of the applicable poverty guideline.

Conclusion: Immigrant and nonimmigrant applicants must be aware of the changes in the poverty guidelines. If you have any questions or concerns, please do not hesitate to contact Gafner Law Firm.

Effective date: August 3, 2010

2010 Poverty Guidelines

SOURCE: Federal Register, Vol. 75, No. 148, August 3, 2010, pp. 45628–45629

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The Colbert Report Mon – Thurs 11:30pm / 10:30c $$('div.d2263').each( function(e) { e.visualEffect('slide_up',{duration:1.5}) [...]]]> The Colbert Report never seems to have a lack of material to use in making fun of the U.S. Government’s immigration policy.  Here is a piece about the recent “anchor baby” and 14^th amendment circus.

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Once the quotas are meet, the H-1B will be unavailable until the beginning of fiscal year [...]]]> The USCIS has recently updated its count of H-1B petitions filed for the upcoming fiscal year (starting October 1).  Currently, USCIS has received 28,500 petitions towards the 65,000 quota, and 11,900 petitions towards the 20,000 quota for applicants with advanced degrees.

Once the quotas are meet, the H-1B will be unavailable until the beginning of fiscal year 2012.

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The facts just do not support the [...]]]> Judging from the rhetoric that is swirling around about the need to change the 14th Amendment, you would think that the number of children born in the United States to mothers living outside the United States would be huge.  Why else would a politician even propose changing the U.S. Constitution?

The facts just do not support the notion that it is a huge problem. According to the National Center of Health Statistics, just 7,760 mothers report that they live outside the United States out of more than 4,000,000 U.S. births each year.

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A new fee of $2000 will apply to H-1B petitions from companies that have 50 or more employees [...]]]> The Senate has recently passed a border enforcement bill meant to provide greater resources to the Customs and Border Protection Agency.  A part of the bill includes a new fee that is placed on some H-1B and L-1 petitions.

A new fee of $2000 will apply to H-1B petitions from companies that have 50 or more employees with at least 50% of its workers in L-1 or H-1B status.

A new fee of $2250 will apply to L-1 petitions from companies that have 50 or more employees with at least 50% of its workers in L-1 or H-1B status.

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