3900 Veterans Highway
Suite 120
Bohemia, NY 11716
Tel: 631-588-4040
Fax: 631-588-7175
E-mail: mczwaik@zwaik.com
2753 Coney Island Ave
Brooklyn, NY 11235
Tel: 718-891-0007
Fax: 718-891-1203
|
|
|
|
|
|
Contents
|
|
MITCHELL'S MESSAGE
|
|
|
With the coming of Spring, an immigration attorney's heart turns to frustration. This year, the annual April Fool's Day H-1B visa lottery promises
to be more frustrating than last year, with estimates of over 200,000 applications expected to be filed for the 65,000 available visas. Equally as
frustrating is the unwillingness of Congress to pass legislation that will make available additional H-2B guest worker visas. This is a very
dangerous and cynical game being played in Washington, as social conservative groups refuse to pass legislation that gives immigration
benefits to undocumented aliens and the Hispanic Caucus promises to block any immigration bills that do not give relief to the undocumented.
So, anger and frustration builds.
On a somewhat happier note, DHS has moved forward with a measure to extend the visa waiver program to Eastern Europe, allowing citizens
from those countries to visit the U.S. without first obtaining visas. This should provide a shot in the arm for the travel and tourist business.
Closer to home, USCIS officials have announced procedures to end much of the backlogs on pending green card cases. If your green card case
has been pending for more than 6 months, you should contact your immigration attorney.
In other news developments, USCIS has revised filing Instructions For I-130 petitions,
the USCIS Director has resigned, and small businesses have made a final push to save H-2Bs.
Read more about these issues in the sections below.
If you have comments or suggestions about this newsletter, call me at
631-588-4040 or e-mail me at
mczwaik@zwaik.com.
Thanks.
Have a Happy Holiday!
Mitchell Zwaik
|
|
IMMIGRATION NEWS
|
|
|
USCIS Works To Clear Green Card Delays
USCIS has confirmed it is conducting "sweeps" of applications for Adjustment of Status cases that can be reviewed for
adjudication under its new policy of approving case that have been pending security checks for more than 180 days.
USCIS has asked applicants to hold off on submitting inquiries on cases at the Service Centers that were delayed
due to background checks until after April 30, 2008. CIS hopes to have identified and taken action on cases by that date.
In a report to Congress on the backlog problem, the Immigration Ombudsman stated that "as of May 2007, USCIS reported
a staggering 329,160 FBI name check cases pending . . . with approximately 32 percent (106,738) pending over one year."
The Ombudsman further stated that, "Delays in the name check process actually prolong an individual's presence in the
United States while the check is pending. In this sense, the current USCIS name check policy may increase the risk to
national security by extending the time a potential criminal or terrorist remains in the country."
The policy change provides that applications for immigrant benefits that have been pending with the Service for FBI name
check requests and have been pending for more than 180 days can be approved without further wait. The policy change
applies to applications for Adjustment of Status (I-485) and Applications for Waivers for Inadmissibility, but does not apply
to Applications for Naturalization (N-400). Applicants will still need to wait until FBI fingerprint checks are completed and
approved although applications waiting name checks can proceed. The apparent justification for the policy change on
green cards as opposed to citizenship is that a negative name check response following a green card approval can result
in action to revoke the green card. That is not necessarily true with citizenship applications where actions to revoke citizenship
are far more difficult to accomplish.
Immigrant applicants that have applications for more than 180 days should contact their attorney immediately to expedite an approval.
State Department to Add Eastern Europe To Visa Waiver Program
The U.S. Department of Homeland Security announced last week that it was moving forward with plans to add several East European
Countries to the Visa Waiver Program. The program allows citizens from designated countries to come to the U.S. for up to 90 days
without a visa. The program is used almost exclusively by tourists, because it does not permit the visitor to extend their stay beyond
the 90-day period or switch to another status, such as student. At present, the program is restricted primarily to countries in Western
Europe, as well as Australia and Japan.
The new additions would include Slovakia, Hungary, Lithuania, the Czech Republic, Estonia and Latvia and would go into effect later this year.
USCIS Revises Filing Instructions For I-130 Petitions
USCIS has revised filing instructions for Petitions for Alien Relative (I-130), which are used by family members to sponsor other family
members for permanent residency in the United States. Until recently, these applications, if unaccompanied by an application for
Adjustment of Status in the United States (I-485), were sent to the local Service Center -- which means the Vermont Service Center --
for sponsors living in the Northeast. Effective immediately, these applications will now be sent to the following address:
United States Citizenship & Immigration Services
P.O. Box 804616
Chicago, IL 60680-1029
USCIS Director Resigns
USCIS Director Emilio Gonzalez announced March 13th that he was resigning as Director, effective April 18th. Gonzalez had
been appointed Director in 2005 from outside the Service. No announcement as to his replacement has been made.
|
|
EMPLOYER NEWS
|
|
|
New Regulations to Prohibit H-1B Duplicate Filings
New regulations prepared by USCIS to prevent duplicate filings of H-1B "lottery" petitions have been cleared for publication by the
Office of Management and Budget. (OMB). The action clears the way for the April 1st lottery, under which an estimated 200,000 applications
are expected to flood the two regional USCIS office for 65,000 professional worker visas.
The regulation deals with the problem of duplicate applications, which some employers filed last year in order to increase the likelihood
of being selected in the lottery. Although immigration officials have repeatedly stated that such applications will be rejected this year, the
regulation was required to enforce that position.
The H-1B visa category is established for foreign professional workers coming to the United States to perform professional work
at a prevailing wage established by the U.S. Department of Labor. Congress has allocated a total of 65,000 new H-1B visas each
year for new applicants. The fiscal year begins on October 1st and new applications can be filed no more than 6 months prior to
the anticipated start date. Thus April 1st is the earliest possible day to file applications for new foreign workers to begin work October 1st.
Once the cap is reached, further applications are returned to the employer without being adjudicated. Last year USCIS received over
120,000 on the very first day and a computer generated lottery was instituted.
Because it is imperative that the applications arrive on April 1st, employers are advised to use a delivery service such as FedEx rather
than the U.S. Postal Service. Not only are the delivery services more reliable, but they will deliver the application directly to the service
center. USPS on the other hand delivers the documents to the local post office and may not arrive at USCIS until the following day.
Small Businesses Make Final Push to Save H-2Bs
Over 120 members of the Save Small Business (SSB) advocacy group descended on Washington last week in a final push to convince
Congress to pass legislation that will free additional H-2B guest worker visas. Although SSB members reported that Congress is
unlikely to pass a bill before the two week Easter and Passover break, they remain hopeful of a breakthrough. Their efforts center
on the Save Small Business Act, which would make the H-2B returning-worker exemption permanent. To date, their efforts have
been stifled by the greater immigration debate and opposition from the Congressional Hispanic Caucus. The 21-member caucus
has opposed any piecemeal immigration-related legislation, preferring to pass these measures only in a comprehensive bill.
The H-2B visa allows U.S. employers to hire skilled and unskilled foreign workers to work in seasonal and peak businesses. On Long
Island, this includes primarily summer business such as pool and landscaping companies as well as resort related business in the
Hamptons. Congress has set a numerical cap at 66,000 H2B visas a year and that cap was reached the first week in January. This
means no additional workers will be approved to start before October 1, 2008.
|
|
ASK THE ATTORNEY
|
|
|
Question:
I have a girlfriend in Brazil and we are thinking about getting married. What is the best way to bring her to the United States?
Answer:
U.S. immigration law permits a U.S. citizen to obtain a fiance visa for a foreign national to come to the U.S. The visa (a "K-1") requires
the individual to come to the U.S. and marry the sponsor within 90 days of arrival. The procedures call for the filing of an application
with the USCIS, which when approved is forwarded to the U.S. consulate in the fiance's home country. The fiance is interviewed
by the consulate and issued the visa to come to the U.S. After the couple are married in the U.S., the foreign born spouse files an
application for a green card in the U.S. It generally takes about 6-8 months between the filing of the initial application with USCIS
and the issuance of the K-1 at the consulate. After arrival in the U.S., it will take another 4-6 months to obtain approval of the green card.
|
|
DID YOU KNOW?
|
|
|
It's a myth that Immigrant workers suppress the wages
of American workers.
Here are the facts (note 1):
The overwhelming majority of economists agree that immigrants increase the economic productivity and thus the wages of natives.
- In a 2006 study by University of California, Davis, economist Giovanni Peri found that because immigrant workers generally
"complemenf' -- rather than substitute for -- native workers in terms of their education and skills, immigration tends to increase the
productivity, and therefore the wages, of natives.
- As a result of this "complementarity," the White House Council of Economic Advisers concluded in a 2007 report that roughly
90 percent of native-born workers experience wage gains from immigration, which total between $30 billion and $80 billion per year.
Note 1: Excerpt from "Top 5 Immigration Myths from this Campaign Season" from the
American Immigration Lawyer Association
|
|
|
|
