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To view the Immigration Statistics Yearbook, please visit the DHS website. Hollywood is getting annoyed with USCIS. In the last few years, the entertainment industry has noticed increasingly harsh standards being applied to its employees who are seeking to obtain O-1 visas and P visas. The annoyance has reached such a level that the Director of USCIS has agreed to look into the adjudication of these two visas that are used by artists and researchers. In a related story, one entertainment personality is reportedly having difficulty getting proper immigration status to take over for CNN’s Larry King. The New York Times recently ran an article that highlights a concern that many New York immigration lawyers have been aware of for many years. Most people know that the Customs and Border Protection (CBP) agency is responsible for maintaining the border crossing integrity of the United States. However, in an effort of maintaining border integrity, the CBP often questions individuals who are already in the United States but are within 100 miles of the border. This policy has resulted in the CBP often asking individuals to provide immigration documents while on trains, at bus stations or even driving while within 100 miles of the border. The article highlights the downsides of the CBP’s policy. Namely, many believe the questioning amounts to racial profiling and police state tactics. Noncitizens without readily transparent documentation should read the article and take appropriate steps if they plan to travel within 100 miles of the border. 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. The USCIS recently announced that some family-based immigration applicants from Canada will need to file their applications at a new filing location. The new address will allow applicants to better track their applications by allowing them to have a text message or email sent once an application is received. Canadian immigrants who live in Canada will need to file form I-130, if it is filed with no other forms. For more information, please contact Gafner Law Firm. The new address is: For U.S. Postal Service: USCIS For Express mail and courier deliveries: USCIS 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. 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:
For Express mail or courier deliveries:
If you would like to learn more about the process for obtaining an EB-5 investor immigrant green card, please contact Gafner Law Firm. 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. 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. Effective immediately, all K-1 fiancé visa petitions must be filed with a USCIS at the USCIS Dallas lockbox. This change in address is meant to facilitate faster and more accurate adjudication of all K-1 fiancé visas. Additionally, all K-3 visas must be filed at the same address. One immediate advantage of filing at a USCIS lockbox is the ability to receive notification of an application’s receipt via a text message or e-mail message. The new filing addresses are as follows: The USCIS Dallas Lockbox For U.S. Postal Service: USCIS For Express mail and courier deliveries: USCIS 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 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 14th amendment circus.
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. 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. 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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