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News from the Alliance of Business Immigration Lawyers Vol. 8, No. 10B • October 15, 2012

October 15, 2012/in Immigration Insider /by ABIL

Headlines:

1. USCIS Launches Online I-9 Resources for Employers and Employees in Spanish – The website provides employers and employees one-click access at no charge to Spanish-language resources, tips, and guidance on properly completing the I-9 and understanding the I-9 process.

2. Taiwan Joins Visa Waiver Program – In FY 2011, 243,186 visitors from Taiwan traveled to the United States. Eligible Taiwanese will now be able to do so without a visa beginning on November 1.

3. DHS Extends Haiti TPS, Extends Suspension of Certain Requirements for F-1 Haitian Students – The 60-day re-registration period for current Haiti TPS beneficiaries who wish to maintain their TPS will run through November 30, 2012.

4. USCIS Announces New Filing Option for Canadian TN Nonimmigrants, Reminds Employers of Canadian L-1 Options – On October 1, USCIS began accepting the Form I-129, Petition for Nonimmigrant Worker, filed on behalf of Canadian citizens outside the United States who seek classification as TN (Trade NAFTA) nonimmigrants.

5. USCIS Designates Military Physicians as Civil Surgeons To Facilitate Medical Exams – USCIS said the blanket designation will assist members and veterans of the Armed Forces and their eligible dependents in receiving immigration medical examinations in a timely fashion.

6. USCIS Undercounts H-1B Usage – The data show that the agency has approved approximately 45,000 too few overall between fiscal years 2008 and 2012.

7. USCIS Releases Latest DACA Statistics – 4,591 requests have been approved so far.

8. New Publications and Items of Interest – New Publications and Items of Interest

9. Member News – Member News

10. Government Agency Links – Government Agency Links


Details:

1. USCIS Launches Online I-9 Resources for Employers and Employees in Spanish

On October 4, 2012, U.S. Citizenship and Immigration Services (USCIS) launched a Spanish-language version of I-9 Central, an online resource center providing information and assistance related to the Form I-9 (Employee Eligibility Verification), which is the most frequently accessed form on USCIS.gov. The website provides employers and employees one-click access at no charge to Spanish-language resources, tips, and guidance on properly completing the I-9 and understanding the I-9 process.

The launch of the Spanish I-9 Central is the most recent in a series of resource guides related to USCIS employment-related forms and processes. These resources include E-Verify Self-Check, a service that allows workers and job seekers in the United States to check their own employment eligibility status online, and an updated Handbook for Employers: Instructions for Completing Form I-9 (M-274). Both are offered in Spanish.

I-9 Central includes sections about employer and employee rights and responsibilities, step-by-step instructions for completing the form, and information on acceptable documents for establishing identity and employment authorization. The site also includes a discussion of common mistakes to avoid when completing the form, guidance on how to correct errors, and answers to employers’ recent questions about the I-9 process.

Spanish I-9 Central

Announcement

Spanish I-9 Links

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2. Taiwan Joins Visa Waiver Program

On October 2, 2012, the Department of Homeland Security announced the designation of Taiwan for participation in the Visa Waiver Program (VWP). Taiwan thus joins 36 other countries in the VWP, which permits visa-free travel to the United States for eligible travelers coming for 90 or fewer days for business or tourism. In fiscal year 2011, the VWP accounted for 18.3 million visits to the United States, or more than 60 percent of tourist and business travelers entering the United States by air, the Department noted.

Key security and information-sharing requirements for the VWP include enhanced law enforcement and security-related data-sharing, timely reporting of lost or stolen passports, and maintaining high counterterrorism, law enforcement, border control, aviation, and document security standards.

Eligible Taiwan passport holders must apply for advance authorization for the VWP through the Electronic System for Travel Authorization (ESTA). Eligible Taiwan passport holders approved via ESTA may visit the United States without visas beginning on November 1, 2012. In FY 2011, 243,186 visitors from Taiwan traveled to the United States.

Announcement

ESTA

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3. DHS Extends Haiti TPS, Extends Suspension of Certain Requirements for F-1 Haitian Students

The Department of Homeland Security has published a notice in the Federal Register extending Haitian temporary protected status (TPS) for an additional 18 months, ending on July 22, 2014.

The 60-day re-registration period for current Haiti TPS beneficiaries who wish to maintain their TPS began on October 1, 2012, and will run through November 30, 2012. Individuals who have not continuously resided in the United States since January 12, 2011, are not eligible.

The 18-month extension also allows TPS re-registrants to apply for a new employment authorization document (EAD). Eligible Haitian TPS beneficiaries who timely re-register will receive a new EAD, if requested, with an expiration date of July 22, 2014. USCIS recognizes that all re-registrants may not receive their new EADs until after their current EADs expire. Therefore, USCIS is extending currently valid TPS Haiti EADs bearing a January 22, 2013, expiration date for an additional six months, through July 22, 2013.

In addition, DHS is extending the suspension of certain requirements for F-1 nonimmigrant Haitian students. The extension will enable these F-1 students to continue to obtain employment authorization, work an increased number of hours while school is in session, and reduce their course load, while maintaining their F-1 student status. The suspension of the regulatory requirements will remain in effect for an additional 18 months, through July 22, 2014.

Announcement

The Haitian TPS extension notice was published in the Federal Register

The F-1 extension notice was published here

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4. USCIS Announces New Filing Option for Canadian TN Nonimmigrants, Reminds Employers of Canadian L-1 Options

On October 1, 2012, U.S. Citizenship and Immigration Services (USCIS) began accepting the Form I-129, Petition for Nonimmigrant Worker, filed on behalf of Canadian citizens outside the United States who seek classification as TN (Trade NAFTA) nonimmigrants.

With respect to the TN classification, USCIS currently only accepts the I-129 in connection with a request to extend a TN nonimmigrant’s stay or to change a nonimmigrant’s status to TN. Canadian citizens continue to have the option of applying to U.S. Customs and Border Protection (CBP) for TN classification in conjunction with an application for TN admission to the United States.

USCIS also issued a reminder that an employer has the option of filing an I-129 individual petition with USCIS on behalf of a Canadian L-1 nonimmigrant. A U.S. employer that has an approved L-1 blanket petition also has the option to file a Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, along with supporting documentation, with the USCIS service center that approved the L-1 blanket petition, on behalf of a Canadian citizen (or any visa-exempt beneficiary) who is outside the United States. As before, Canadian citizens may apply for L-1 classification in conjunction with an application for L-1 admission to the United States by presenting the I-129 (individual petition) or I-129S (under an approved blanket petition) and supporting documentation to CBP.

Announcement, includes links to additional information

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5. USCIS Designates Military Physicians as Civil Surgeons To Facilitate Medical Exams

U.S. Citizenship and Immigration Services (USCIS) has granted military physicians a blanket designation as civil surgeons to facilitate the medical exam required for members and veterans of the U.S. Armed Forces and certain dependents. USCIS said the blanket designation will assist members and veterans of the Armed Forces and their eligible dependents in receiving immigration medical examinations in a timely fashion.

USCIS noted that if medical officers of the U.S. Public Health Services are not available when persons arrive for admission to the United States, USCIS may designate civil surgeons to perform the tests. Physicians qualify for civil surgeon designation if they are licensed and have at least four years of professional experience. The licensing requirement, which defines “licensed physicians” as those licensed to practice medicine in the state where they render medical services, may discourage medical officers of the Armed Forces (military physicians) from becoming designated civil surgeons, USCIS observed. As a result, Armed Forces members and their dependents must pay for the immigration medical examination even though the services could easily be provided by military physicians at no cost. Additionally, the logistics to arrange for a medical exam by a non-military designated civil surgeon can sometimes be a burden to military members and their dependents, and distract from a military member’s readiness. To ease these difficulties, USCIS decided to issue the blanket designation. Participation is voluntary and at the discretion of each military medical facility, USCIS said.

Additional details are included in USCIS’s policy memorandum issued on September 26, 2012

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6. USCIS Undercounts H-1B Usage

Reports have surfaced that U.S. Citizenship and Immigration Services (USCIS) has undercounted H-1B usage by almost 15 percent over the past five years. USCIS must approve 65,000 H-1B visas per year but the data show that the agency has approved approximately 45,000 too few overall between fiscal years 2008 and 2012. Sources attribute the discrepancy to inaccurate estimates of denial rates.
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7. USCIS Releases Latest DACA Statistics

U.S. Citizenship and Immigration Services’ Office of Performance and Quality has released the latest statistics on the Deferred Action for Childhood Arrivals (DACA) process as of October 10, 2012, showing that 179,794 requests have been accepted for processing; 158,408 biometric service appointments have been scheduled; 6,416 requests are under review; and 4,591 requests have been approved.
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8. New Publications and Items of Interest

Rock the naturalized vote! The University of Southern California’s Center for the Study of Immigrant Integration (CSII) has published a report and interactive map, “Rock the (Naturalized) Vote.” The related website presents two maps, one at the state level and one at the sub-state level, showing the proportion of the voting-age U.S. citizen population who are newly naturalized immigrants (since 2000). CSII notes that the most important gap in electoral participation by naturalized citizens seems to happen at the point of registration rather than voting, and that naturalized U.S. citizens vote at rates very close to those of the U.S.-born. CSII believes the maps could help target voter registration efforts in more effective ways.

Rock The Naturalized Vote

Report

Immigrant entrepreneurship stalls. A new Kauffmann Foundation study shows that immigrant entrepreneurship has stalled for the first time in decades. “Then and Now: America’s New Immigrant Entrepreneurs” shows that the proportion of immigrant-founded companies nationwide has slipped from 25.3 percent to 24.3 percent since 2005. The drop is even more pronounced in Silicon Valley, where the percentage of immigrant-founded startups declined from 52.4 percent to 43.9 percent. Also, a new book based on the findings warns of potential consequences for the U.S. economy and urges swift action to reverse the trend. “The Immigrant Exodus: Why America Is Losing the Global Race To Capture Entrepreneurial Talent” draws on research to show that the United States is in the midst of a historically unprecedented halt in high-growth, immigrant-founded startups.

Press Release

“Then and Now: America’s New Immigrant Entrepreneurs”

Information on “The Immigrant Exodus: Why America Is Losing the Global Race To Capture Entrepreneurial Talent” is available here.

The Kauffman Foundation has also funded a Web resource for journalists and voice for immigrant entrepreneurs, ImmigrantExodus.com.

Immigration court tracking tool. TRACImmigration publishes information and statistics on U.S. removal proceedings in immigration courts, by nationality, geographic location, year, and type of charge. State-by-state breakdowns are available on the site, including statistics at various court locations and hearing locations.

Chinese-language engagement on petitioning for an immediate relative. The next USCIS national Chinese-language public engagement will be held on Thursday, October 18, 2012, from 2 p.m. to 3:30 p.m. EDT. This engagement is the second in a series called Jiao Liu, meaning “engagement” in Chinese. The theme will be “How to Petition for an Immediate Relative.” Modeled after the agency’s Spanish-language Enlace series, Jiao Liu expands USCIS’s ongoing efforts to work directly with people in their native language. At each Jiao Liu, USCIS representatives and subject-matter experts who are fluent in Mandarin and Cantonese will provide information and answer general questions about immigration and naturalization.

Individuals in the New York City area may participate in person at the USCIS District Office, 26 Federal Plaza, Room 3-310, New York, NY 10278. Individuals may also participate remotely through teleconference at 1-888-989-4980; passcode: “Jiao liú”, or through live Web stream.

Management of H-2B program. The Department of Labor’s Office of Inspector General (OIG) has published “Management of H-2B Program Needs To Be Strengthened To Ensure Adequate Protections For U.S. Workers.” The OIG’s audit revealed that 27 of the 33 employers audited could not support attestations made on their applications. The OIG’s findings in employment attestations, immigration, and pre-filing recruitment indicated systemic weaknesses stemming from ETA’s post-adjudication audit process and the H-2B regulations’ self-attestation-based model. These systemic weaknesses “increased the risk of unsubstantiated employer attestations and jeopardized the protections afforded by the program to U.S. workers,” the OIG said.

Among other things, the OIG found that the ETA: (1) did not request necessary source documents when conducting post-adjudication audits; (2) did not validate foreign worker employment eligibility; (3) performed most post-adjudication audits six months after the H-2B employment period ended; and (4) did not request supporting documentation at the time of application. The OIG recommended that ETA: (1) develop an alternative methodology when conducting its post-adjudication audits; (2) collaborate with the Department of Homeland Security to explore ways for ETA to review U.S. Citizenship and Immigration Services documents during ETA post-adjudication audits; (3) begin post-adjudication audits no later than 120 days into the approved employment period of the selected application and complete within 70 days; and (4) continue pursuing regulatory action and explore other ways to ensure the integrity of the program, including legislative changes to expand ETA’s pre-approval validation authority.
The OIG said that the ETA agreed with three of the four recommendations. Based on ETA’s response to the OIG’s second and fourth recommendations, the OIG modified them to emphasize that the ETA should seek regulatory changes and take other actions to ensure the integrity of the H-2B program.

Report

Yearbook of immigration statistics. The Department of Homeland Security has published the 2011 Yearbook of Immigration Statistics. The publication notes, among other things, that Canada, Mexico, and India are the top three countries sending temporary workers and their families to the United States. India, China, and Korea are the top three countries (by country of birth) sending employment-based legal permanent residents.

Yearbook

USCIS Ombudsman’s conference. On October 18, 2012, USCIS’s Ombudsman will hold a conference from 9 a.m. to 4:30 p.m. at the National Archives, 700 Pennsylvania Avenue, NW, Washington, DC 20408. This year’s conference will focus on interagency coordination in the delivery of immigration benefits and services. Speakers will include a wide range of prominent government and non-government experts discussing current legal and policy issues. The plenary session, “Every Case Matters: The Impact of USCIS Decisions,” will feature compelling personal stories from individuals. For more information, contact Frederick Troncone, the Ombudsman’s Acting Chief, Employment Section, at frederick.troncone@dhs.gov or 202-357-8100.

USCIS national engagement. On October 16, 2012, USCIS will hold a public engagement (in-person in Washington, DC, and via teleconference) for EB-5 immigrant investor stakeholders.

Information

Notes from Previous Engagements by Topic

Several ABIL members co-authored and edited the new publication, Global Business Immigration Practice Guide, recently released by LexisNexis. The Practice Guide is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

 

This comprehensive guide is designed to be used by:

  • Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
  • Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
  • Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

  • An overview of the immigration law requirements and procedures for over 20 countries;
  • Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
  • A general overview of the appropriate options for a particular employee; and
  • Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issue.

ORDER HERE. International customers who do not want to order through the bookstore can order through Nicole Hahn at (518) 487-3004 or Nicole.hahn@lexisnexis.com.

Green Card Stories. The immigration debate is boiling over. Americans are losing the ability to understand and talk to one another about immigration. We must find a way to connect on a human level. Green Card Stories does just that. The book depicts 50 recent immigrants with permanent residence or citizenship in dramatic narratives, accompanied by artistic photos. If the book’s profilees share a common trait, it’s a mixture of talent and steely determination. Each of them overcame great challenges to come and stay in America. Green Card Stories reminds Americans of who we are: a nation of immigrants, from all walks of life and all corners of the earth, who have fueled America’s success. It tells the true story of our nation: E pluribus unum–out of many, one.

Green Card Stories has won five national awards. It was named a Nautilus book award silver medal winner, and won a silver medal in the Independent Book Publishers Association’s Benjamin Franklin Award in the multicultural category. The book also won a Bronze Medal in the Independent Publisher’s “IPPY” Awards and an honorable mention for the 2012 Eric Hoffer Book Award. Ariana Lindquist, the photographer, won a first-place award in the National Press Photographers Association’s Best of Photojournalism 2012. Green Card Stories is also featured on National Public Radio’s photo blog.

For more information or to order, visit Green Card Stories.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is now available on Twitter: @ABILImmigration. Recent ABIL member blogs are available HERE.

Green Card Stories Upcoming Events.

 

  • Thursday, October 18, 201
    Detroit, Michigan: Book Signing and Panel Discussion
    Join Green Card Stories collaborators Laura Danielson and Stephen Yale-Loehr, along with other guests at this panel discussion in Detroit. Fakhoury Law Group and Global Detroit will host this special reception featuring the new award-winning book, Green Card Stories, on Thursday, October 18, 2012, at the Westin Book Cadillac in Detroit. The event, “Green Card Stories: The Human Face of the Immigration Debate,” will feature distinguished speakers and a panel discussion on the state of U.S. immigration policy. The event will begin at 5:30 p.m. and will offer guests a unique opportunity to gain insights on today’s immigration issues. Part of the proceeds of the sale of the book at the event will go to Global Detroit, an effort to revitalize southeast Michigan’s economy by pursuing strategies that strengthen Detroit’s connections to the world and make the region more attractive and welcoming to immigrants, internationals, and foreign trade and investment as a means to produce jobs and regional economic growth. To RSVP, contact Natalia Hanna at Natalia@employmentimmigration.com or 248-643-4900.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is now available on Twitter: @ABILImmigration. Recent ABIL member blogs are available HERE.

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9. Member News

Sharon Mehlman spoke at the 1st Annual Rocky Mountain Immigration Law Update, sponsored by the AILA Colorado Chapter, on October 12, 2012. The panel was “AC21 and Maintenance of Status.”

Sharon Mehlman will also speak at the Federal Bar Conference in Chicago, “What You Should Know About Workplace Enforcement and Immigration.” Her talk is on October 16, 2012, and the panel is “The Evolving Workplace: Remote Hires, Electronic I-9 Practice, E-Verify and IMAGE.”

Cyrus Mehta has published a new blog entry. “The Taxman Cometh: When Taking a Foreign Earned Income Exclusion on Your Tax Return Can Hurt Your Ability to Naturalize”

Cyrus Mehta will participate in the USCIS Ombudsman’s conference on October 18, 2012, at the National Archives, 700 Pennsylvania Avenue, NW, Washington, DC 20408. Mr. Mehta will speak on a panel about the administrative rulemaking process beginning at 3:15 p.m., and will comment on regulatory and legal issues. For more information, contact Frederick Troncone, the Ombudsman’s Acting Chief, Employment Section, at frederick.troncone@dhs.gov or 202-357-8100.

Cyrus Mehta spoke on ethics at the American Immigration Lawyers Association’s Upstate New York Chapter Fall CLE Conference on October 12. For more information, see here.

Cyrus Mehta, Bernard Wolfsdorf, and Stephen Yale-Loehr will speak at PLI’s 45th Annual Immigration & Naturalization Institute on November 19-20, 2012, in New York. Mr. Mehta will speak on ethics. Mr. Wolfsdorf and Mr. Yale-Loehr will be on the EB-5 panel.

Angelo Paparelli has published several new blog entries. “Hey, Immigration Bureaucrats: Corporations Are NOT People!” “New York Times and Ann Coulter Refuted: Immigrant Rights ARE Civil Rights” “Will Immigration Electrify the Presidential Debates?”

Bernard Wolfsdorf‘s blog on immigration issues features entries from various authors.

ABIL’s San Francisco firm, Pearl Law Group, recently prevailed over several of the largest global immigration service providers to win the Forum for Expatriate Management’s “EMMA” award in the category of “Immigration Provider of the Year – Americas.” The EMMA awards recognize outstanding achievement and service quality in 24 categories and are judged by independent, senior global mobility professionals. The judges for this year’s Americas awards included representatives from AECOM, Alliance Data, Apple, Autodesk, Bechtel, Black & Veatch, Cisco, Dell, Genworth, Gulfstream Aerospace, Kraft Foods, Lockheed Martin, Microsoft, PepsiCo, Research in Motion, and Worley Parsons.

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10. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

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https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2012-10-15 00:00:492019-09-05 12:35:24News from the Alliance of Business Immigration Lawyers Vol. 8, No. 10B • October 15, 2012

MEXICO: Changes in Mexican Immigration Law

October 01, 2012/in Mexico, News /by ABIL

Sixteen months after passage of the new Mexican Immigration Law, regulations were published in the Official Bulletin in Mexico on September 28, 2012. Implementation is expected soon. The new law involves significant changes to the current immigration regime.

Main Points of the New Immigration Law

– Provides three main groups of conditions of stay — Visitor, Temporary Resident, and Permanent Resident — which will replace more than 30 migratory status and characteristics included in the General Population Law. The new groups will focus on the status of nonimmigrant, immigrant, and permanent resident.

– Immigrants will be granted access to education and health services regardless of their immigration status.

– Immigration officials will include the Ministry of the Interior, the National Immigration Institute, the Ministry of Foreign Affairs, and the National System for Integral Family Development.

– Auxiliary authorities on immigration affairs will include the Attorney General’s Office, the Ministry of Health, and the Ministry of Tourism.

– The judges or officials of the Civil Registry must not deny to immigrants, regardless of their immigration status, the authorization of acts of civil status or the issuance of certificates related to birth, recognition of children, marriage, divorce, and death.

– Foreigners must personally submit a visa application to the appropriate offices.

– A visa application can be made through the National Immigration Institute’s offices when the application stems from the right of preservation of the family unit, a job offer, or humanitarian reasons. In these cases, the National Immigration Institute and Mexico’s consular offices abroad can authorize the visa. The consular office may ask the Institute to review its approval if it considers that the applicant may not meet the requirements of this law, regulations, and other applicable legal provisions. The Institute ultimately can resolve the case without liability to the consular office.

– Conditions of stay as a visitor, temporary resident, and permanent resident include:

  • Visitor without permission to engage in lucrative activities. Authorizes a foreigner to travel or stay in national territory for 180 consecutive days, without obtaining permission to perform activities subject to remuneration in Mexico.
  • Visitor with permission to engage in lucrative activities. Authorizes a foreigner who has a job offer with an invitation by any authority or academic, artistic, sporting, or cultural institution that provides remuneration in the country, and a foreigner who comes to Mexico to engage in a remunerated activity for a seasonal period under an interagency agreement signed with a foreign entities, to stay in national territory for a continuous period up to 180 days.
  • Regional visitor. Authorizes a foreign national or resident of a neighboring country to enter border areas with the right to enter and leave Mexico as many times as he or she wishes as long as the visit does not exceed three days, and without permission to receive remuneration in the country.
  • Visitor border worker. Authorizes a foreigner national of a country with which the United Mexican States share territorial boundaries to stay up to one year in such a state as determined by the Ministry. The visitor border worker may engage in activities within Mexico related to the job offer and may enter and leave Mexico as many times as he or she wishes.
  • Visitor for humanitarian reasons. Foreign nationals in any of the following circumstances may receive authorization if he or she:
  • a) is the victim or witness of a crime committed on national territory;
  • b) is an unaccompanied immigrant child or adolescent under Article 74 of the law;
  • c) has made a request for asylum, refugee status, or complementary protection of the Mexican State until his or her migratory status is resolved; or
  • d) needs to enter Mexico for humanitarian or public interest reasons, in which case he or she will receive permission to work in exchange for payment.
  • Visitor for adoption purposes. Authorizes a foreign national linked to a process of adoption in the United Mexican States to stay in the country until a court decision is dictated. If it is a positive order, the foreigner may stay in Mexico to register the new birth act of the adopted child or adolescent in the civil registry and to remain until the passport is issued, as well as to follow procedures to guarantee the departure of the child or adolescent from the country.
  • Temporary resident. Authorizes a foreign national to remain in Mexico for no longer than four years with the possibility of obtaining a lucrative work permit in the country, subject to a job offer, with the right to enter and leave the country as many times as he or she desires and also the right to preserve the family unit.
  • Temporary resident student. Authorizes a foreign national to remain in Mexico for the duration of courses, studies, research, or training projects that will take place in educational institutions belonging to the national educational system; to obtain the corresponding certificate, record, certificate, diploma, or degree; with the right to enter and leave the country as often as desired; and with permission to engage in lucrative activities in the case of persons engaged in college-level, graduate, and research work.
  • Permanent resident. Authorizes a foreign national to remain in Mexico indefinitely, with permission to work. Permanent residents are entitled to the preservation of the family unit, so they can enter with, or subsequently request the entry of, spouses, parents, brothers and sisters, and partners.

– Visitors, except those who entered for humanitarian reasons or have links with Mexicans or foreigners with regular residence in Mexico, cannot change their condition of stay and must leave the country once they conclude their authorized term.

– Mexicans have the right to the preservation of the family unit, so they may enter with, or eventually request the entry of, foreign spouses, parents, brothers and sisters, and partners.

– The Ministry may establish a point system for foreigners to acquire permanent residence without complying with the four-year residence requirement through general administrative rules to be published in the Official Journal of the Federation.

– With the exception of those applying for asylum or the recognition of refugee status determinations or stateless persons, foreigners must process their resident credentials within 30 calendar days after entering the national territory.

– Foreign nationals, regardless of their condition of stay and without permission from the Institute, may acquire personally or by proxy fixed or variable assets and may make bank deposits. They also may acquire urban real estate and real rights over property, with the restrictions set out in Article 27 of the Constitution and other applicable provisions.

– No foreign national may hold two conditions of stay simultaneously.

– The Foreigners National Registry houses information on all foreigners who acquire temporary resident or permanent resident status.

– Foreigners must inform the National Immigration Institute of any change in marital status, nationality, address, or workplace within 90 days after such change occurs.

– Foreigners must accredit their regular immigration status in the country in legal acts which require the intervention of public notaries, those who substitute them or their equivalents, with regard to real estate issues.

– The Institute may conduct verification visits to confirm the accuracy of data provided in immigration procedures.

– The immigration authority must issue a resolution on immigration procedures within 20 working days from the date the applicant meets all formal requirements provided by the law, regulations, and other applicable administrative provisions. If a decision is not made within 20 days, it will be deemed negative.

– Visa applications filed at consular offices must be resolved within 10 working days.

– If the applicant does not meet the requirements, the immigration authorities will indicate them in accordance with the Federal Administrative Procedure Law and will provide a period of 10 working days after being notified to address any missing requirements.

– Foreigners may apply for regularization of their immigration status in cases established by law.

– The Institute has 30 calendar days to decide an application for regularization of immigration status.

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EB-5 & Other Investor News from the Alliance of Business Immigration Lawyers Vol 2, No. 4 • October 01, 2012

October 01, 2012/in EB-5 Investor News /by Prahlad

Headlines:

1. President Signs Extension of EB-5 Regional Center Program for Three Years – The law extends the EB-5 Regional Center Pilot Program for three years, until September 30, 2015.

2. USCIS Comments on Issues During October EB-5 Stakeholders Meeting – Among other things, USCIS confirmed that it is reviewing some regional center activities with respect to various compliance issues in collaboration with the Securities and Exchange Commission and other regulatory agencies.3. Visa Office Predicts Possible Retrogression of EB-5 Numbers for China in Second Half of FY 2012 – Of the 7,641 visas issued in fiscal year 2012, 80 percent went to China.4. OFAC Eases Fund Transfers from Iran, Makes Other Changes to Regs – Among other things, OFAC amended the General License so that pending E-2 or EB-5 applications are considered approved, and specific licenses are not required to transfer related funds from Iran.5. New Publications and Items of Interest – New Publications and Items of Interest6. Member News – Member News7. EB-5 Government Agency Links – EB-5 Government Agency Links


Details:

1. President Signs Extension of EB-5 Regional Center Program for Three Years

President Barack Obama signed into law S. 3245 on September 28, 2012. Among other things, the law extends the EB-5 Regional Center Pilot Program for three years, until September 30, 2015. Congress passed the law with no senators objecting to the extension and only three representatives voting against it.

S. 3245 also extended three other immigration programs for three years.

The White House’s Statement Announcing the Signing

S. 3245

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2. USCIS Comments on Issues During October EB-5 Stakeholders Meeting

U.S. Citizenship and Immigration Services (USCIS) held an EB-5 stakeholders meeting in Washington, DC, on October 16, 2012. Among other things, USCIS confirmed that it is reviewing some regional center activities with respect to various compliance issues in collaboration with the Securities and Exchange Commission (SEC) and other regulatory agencies. USCIS noted that some projects may require registration under federal or state securities laws. Some projects may need registered broker-dealers or must register under the Investment Company Act of 1940. USCIS said it is working with the SEC at a programmatic level and on a case-by-case basis.

As with the previous call, USCIS again did not discuss the tenant-occupancy methodology issue in detail on the call. USCIS said it plans to release separate guidance on that issue. The agency also noted that its staff continue to work on the anticipated draft EB-5 memorandum to incorporate suggestions and make it as comprehensive as possible, and that a “conversation” with Director Alejandro Mayorkas would happen soon and a new version of the draft memo would be released afterwards for comments.

With respect to bridge loans, USCIS said there is no bright-line rule and noted that the statute requires a nexus of investment and job creation. The agency wants to see contemplation of EB-5 money to retire the domestic money as part of original loan documents; just refinancing domestic money won’t work.

Noting a surge in EB-5 filings and an ensuing backlog, USCIS said receipts have quintupled over the last few years and that the agency is stepping up resources to deal with the increase.

USCIS had not yet posted its latest EB-5 statistics as of press time.
USCIS approved 243 EB-5 regional centers as of the fourth quarter.

Full List of Regional Centers by State

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3. Visa Office Predicts Possible Retrogression of EB-5 Numbers for China in Second Half of FY 2012

Charles Oppenheim, Chief, Visa Control and Reporting at the Department of State’s Visa Office, spoke at the Invest in the USA (IIUSA) EB-5 conference held on October 15-16, 2012, in Washington, DC. Among other things, he noted that 7,641 EB-5 visas were issued in fiscal year 2012, a record high. Of that total, 80 percent went to EB-5 investors from China. EB-5 visa numbers may be just as high in FY 2013, he said, adding that EB-5 numbers for China in the second half of FY 2012 may need to be retrogressed because of country cap limits.

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4. OFAC Eases Fund Transfers from Iran, Makes Other Changes to Regs

The Department of the Treasury’s Office of Foreign Assets Control (OFAC) published a final rule in the Federal Register on October 22, 2012, amending its Iranian Transaction Regulations, including changing the name to the Iranian Transactions and Sanctions Regulations. The final rule includes new sections on prohibitions, definitions, interpretations, and licensing provisions.

Among other things, OFAC amended the General License so that pending E-2 or EB-5 applications are considered approved, and specific licenses are not required to transfer related funds from Iran. For such applications, OFAC will issue a Return Without Action letter that administratively closes out the application and references the amended General License. Those receiving funds should still check watch lists to ensure that the funds are not from banned entities.

OFAC also established a “favorable licensing regime” for licensing applications submitted by U.S. persons to engage in certain human rights, humanitarian, and democracy-related activities with respect to Iran.

Announcement

Final Rule

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5. New Publications and Items of Interest

Visa Office report. The Department of State’s Visa Office has published the Report of the Visa Office 2011. The report includes a table detailing employment-based visas and status adjustments by country and type of investment.

Immigrant entrepreneurship stalls. A new Kauffmann Foundation study shows that immigrant entrepreneurship has stalled for the first time in decades. “Then and Now: America’s New Immigrant Entrepreneurs” shows that the proportion of immigrant-founded companies nationwide has slipped from 25.3 percent to 24.3 percent since 2005. The drop is even more pronounced in Silicon Valley, where the percentage of immigrant-founded startups declined from 52.4 percent to 43.9 percent. Also, a new book based on the findings warns of potential consequences for the U.S. economy and urges swift action to reverse the trend. “The Immigrant Exodus: Why America Is Losing the Global Race To Capture Entrepreneurial Talent” draws on research to show that the United States is in the midst of a historically unprecedented halt in high-growth, immigrant-founded startups.

Several ABIL members co-authored and edited the new publication, Global Business Immigration Practice Guide, recently released by LexisNexis. The Practice Guide is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

This comprehensive guide is designed to be used by:

  • Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
  • Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
  • Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

  • An overview of the immigration law requirements and procedures for over 20 countries;
  • Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
  • A general overview of the appropriate options for a particular employee; and
  • Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issue.

ORDER HERE. International customers who do not want to order through the bookstore can order through Nicole Hahn at (518) 487-3004 or Nicole.hahn@lexisnexis.com.

Green Card Stories. The immigration debate is boiling over. Americans are losing the ability to understand and talk to one another about immigration. We must find a way to connect on a human level. Green Card Stories does just that. The book depicts 50 recent immigrants with permanent residence or citizenship in dramatic narratives, accompanied by artistic photos. If the book’s profilees share a common trait, it’s a mixture of talent and steely determination. Each of them overcame great challenges to come and stay in America. Green Card Stories reminds Americans of who we are: a nation of immigrants, from all walks of life and all corners of the earth, who have fueled America’s success. It tells the true story of our nation: E pluribus unum–out of many, one.

Green Card Stories has won five national awards. It was named a Nautilus book award silver medal winner, and won a silver medal in the Independent Book Publishers Association’s Benjamin Franklin Award in the multicultural category. The book also won a Bronze Medal in the Independent Publisher’s “IPPY” Awards and an honorable mention for the 2012 Eric Hoffer Book Award. Ariana Lindquist, the photographer, won a first-place award in the National Press Photographers Association’s Best of Photojournalism 2012. Green Card Stories is also featured on National Public Radio’s photo blog.

For more information or to order, visit Green Card Stories.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is now available on Twitter: @ABILImmigration. Recent ABIL member blogs are available HERE.

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6. Member News

Rami Fakhoury, Robert Loughran, and Julie Pearl spoke at the Forum for Expatriate Management National Conference in Las Vegas on Thursday, September 13, 2012, on global immigration issues. Mr. Fakhoury spoke on India, Mr. Loughran spoke on Latin America with a focus on Brazil and Mexico, and Ms. Pearl spoke on the United Kingdom and the new European Union “Blue Card.”

Bernard Wolfsdorf, and Stephen Yale-Loehr will speak at PLI’s 45th Annual Immigration & Naturalization Institute on November 19-20, 2012, in New York on EB-5 issues.

Angelo Paparelli has published a blog entry related to EB-5 issues. “The EB-5 Investor Immigration Program: Green Shoots or Chutes and Ladders?”

Stephen Yale-Loehr and H. Ronald Klasko spoke at the IIUSA conference on October 15-16, 2012, in Washington, DC. Mr. Yale-Loehr moderated a panel on EB-5 legislative issues, and Mr. Klasko spoke on a panel about what to expect at the USCIS EB-5 stakeholders meeting.

 

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7. EB-5 Government Agency Links

USCIS Web Page on EB-5 Immigrant InvestorsUSCIS Policy and Procedural Memoranda on EB-5 Investors

Immigrant Investor Regional Centers List

Form I-526, Immigrant Petition by Alien Entrepreneur

Form I-829, Petition by Entrepreneur to Remove Conditions

Form I-924, Application for Regional Center Under the Immigrant Investor Pilot Program

Form I-924A, Supplement to Form I-924

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https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 Prahlad https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png Prahlad2012-10-01 12:06:382019-04-15 12:08:56EB-5 & Other Investor News from the Alliance of Business Immigration Lawyers Vol 2, No. 4 • October 01, 2012

News from the Alliance of Business Immigration Lawyers Vol. 8, No. 10A • October 01, 2012

October 01, 2012/in Immigration Insider /by ABIL

Headlines:

1. Details Released on DV-2014 Lottery Program; DV-2013 Entrants Should Keep Confirmation Numbers – Online registration for the DV-2014 Program begins on October 2, 2012, at noon EDT, and concludes on November 3, 2012, at noon EDT. The Department of State also said it may select more DV-2013 entries on October 1, 2012, so DV-2013 entrants should keep their confirmation numbers even if they have not been selected yet.

2. DOL Delays Effective Date of H-2B Wage Rule, Announces Electronic Filing for H-2A, H-2B Labor Cert Applications – The Department of Labor expects to publish a final rule extending the effective date of the 2011 H-2B wage rule to March 27, 2013. Also, the Department announced the implementation of electronic filing for nonimmigrant temporary labor certification applications under the H-2A and H-2B visa programs through the iCERT System.

3. STEM Bill Fails in House – The bill would have provided permanent residence to 55,000 foreign students each year who graduate with advanced degrees in science, technology, engineering, or mathematics (STEM) from U.S. universities and agree to work for at least five years in the United States in a STEM field.

4. DHS To Extend Haiti TPS – The Department of Homeland Security expects to publish a notice in the Federal Register shortly announcing this decision.

5. CBP Announces Delays in Processing I-94 Arrival/Departure Records – CBP is experiencing delays in processing foreign visitors’ travel information in the Form I-94 Arrival/Departure Record database.

6. Older Versions of Greek Passport Are Invalid – The government of Greece recently announced that Greek passports are valid for travel only if issued on or after January 1, 2006, regardless of expiration date.

7. ABIL Global: United Kingdom – A Numbers Game – The United Kingdom has introduced various restrictive immigration policies.

8. New Publications and Items of Interest – New Publications and Items of Interest

9. Member News – Member News

10. Government Agency Links – Government Agency Links


Details:

1. Details Released on DV-2014 Lottery Program; DV-2013 Entrants Should Keep Confirmation Numbers

Online registration for the DV-2014 Program begins on Tuesday, October 2, 2012, at noon EDT, and concludes on Saturday, November 3, 2012, at noon EDT. Applicants must submit entries electronically during this registration period using the electronic DV entry form (E-DV). Paper entries will not be accepted. The Department of State strongly encourages applicants not to wait until the last week of the registration period to enter. Heavy demand may result in website delays.

Selectees for the DV program are chosen by a computer-generated, random drawing. The visas are distributed among six geographic regions, with a greater number of visas going to regions with lower rates of immigration to the United States, and with no visas going to nationals of countries sending more than 50,000 immigrants to the United States over the past five years. No single country may receive more than seven percent of the available diversity visas in any one year.

For DV-2014, natives of Guatemala are now eligible to enter the program.

Natives of the following countries are not eligible to apply because the countries sent more than 50,000 immigrants to the United States in the previous five years: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. A “native” ordinarily means someone born within a particular country, regardless of the individual’s current country of residence or nationality. Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.

For DV-2014, the Department of State once again will implement an online process to notify entrants of their selection and to provide information about the immigrant visa application and interview. Beginning May 1, 2013, DV-2014 entrants will be able to use their confirmation number provided at registration to check online through Entry Status Check. Successful entrants will receive instructions on how to apply for immigrant visas for themselves and their eligible family members. Confirmation of visa interview appointments will also be made through Entry Status Check.

For detailed information about DV-2014 entry requirements, along with frequently asked questions about the DV program, see the instructions for the DV-2014 Diversity Visa program. The related Federal Register notice was published on September 28, 2012.

The Department of State also noted that DV-2013 entrants should keep their confirmation numbers until at least September 2013, even if they were not selected on May 1, 2012. The Department said it may select more DV-2013 entries on October 1, 2012. Entrants in the DV-2013 program may check the status of their entries through Entrant Status Check through September 30, 2013.

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2. DOL Delays Effective Date of H-2B Wage Rule, Announces Electronic Filing for H-2A, H-2B Labor Cert Applications

In anticipation of the enactment of H.J. Res 117, which prohibits the Department of Labor from expending funds to implement the 2011 H-2B wage rule for the duration of that continuing resolution, the Department expects to publish a final rule extending the effective date of the 2011 wage rule to March 27, 2013. It has not yet been published in the Federal Register but is available online.

Also, the Department announced the implementation of electronic filing for nonimmigrant temporary labor certification applications under the H-2A and H-2B visa programs through the iCERT Visa Portal System (iCERT System). Employers or their authorized representatives may submit H-2B applications electronically beginning on October 15, 2012, and H-2A applications beginning on December 10, 2012.

The Department will hold four webinar training sessions (two for filing in the H-2B program and two for filing in the H-2A program) to orient program users to electronic filing through the iCERT System. These sessions will be announced on the OFLC’s Web site once dates are finalized. Employers or their authorized representatives choosing not to use this new filing option must continue to file their H-2A and H-2B applications with the Department using the traditional paper-based filing method.

Electronic Filing Notice

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3. STEM Bill Fails in House

On September 20, 2012, the U.S. House of Representatives rejected the STEM Jobs Act (H.R. 6429), sponsored by Rep. Lamar Smith (R-Tex.) by a vote of 257-158. (288 votes were required to pass under suspension of the rules.) The bill would have provided permanent residence to 55,000 foreign students each year who graduate with advanced degrees in science, technology, engineering, or mathematics (STEM) from U.S. universities and agree to work for at least five years in the United States in a STEM field. The bill included requirements for an employer to petition on the student’s behalf and a labor certification process.

Democrats who voted against the measure signaled that they were in favor of similar legislation but objected to a provision that would have eliminated the diversity visa program. Congress may take up this and similar bills in November, after the presidential election.

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4. DHS To Extend Haiti TPS

Secretary of Homeland Security Janet Napolitano is extending Haiti’s temporary protected status (TPS). The Department of Homeland Security expects to publish a notice in the Federal Register shortly announcing this decision.

The Federal Register notice will provide additional guidance on:

  • Who is eligible for TPS;
  • How to re-register if you have TPS;
  • When to begin filing TPS applications;
  • How to request an employment authorization document (EAD);
  • Six-month automatic extension of current EADs;
  • TPS fees and fee waiver procedures; and
  • Other TPS-related information.

The 60-day re-registration period for current Haiti TPS beneficiaries will begin on the day the Federal Register notice is published. Individuals who have not continuously resided in the United States since January 12, 2011, will not be eligible.

Advance Notice

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5. CBP Announces Delays in Processing I-94 Arrival/Departure Records

U.S. Customs and Border Protection (CBP) announced on September 17, 2012, that it is experiencing delays in processing foreign visitors’ travel information in the Form I-94 Arrival/Departure Record database. CBP said this does not affect the majority of foreign travelers visiting for business or leisure and will not affect any visitor’s record of departure.

CBP is exploring automating the I-94 to allow for the collection of arrival/departure information electronically to streamline the arrival and inspection process for travelers. CBP is coordinating with other agency stakeholders and is considering rulemaking.

Announcement

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6. Older Versions of Greek Passport Are Invalid

The government of Greece recently announced that Greek passports are valid for travel only if issued on or after January 1, 2006, regardless of expiration date. Greece also announced:

  • Greek passports issued before January 1, 2006, are invalid for admission into the United States.
  • All versions of Greek official and diplomatic passports are valid for admission until the document expiration date.
  • All versions of the Greek passport are valid for return to Greece for Greek nationals.

As of February 1, 2007, U.S. Customs and Border Protection (CBP) began imposing penalties on transportation carriers for bringing anyone who is applying for admission to the United States with a noncompliant Greek passport into the United States.

Announcement

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7. ABIL Global: United Kingdom – A Numbers Game

The United Kingdom has introduced various restrictive immigration policies.

Since coming to power, the Conservative-led coalition government of the United Kingdom has introduced a number of changes to work, study, and family migration routes in an effort to reduce net migration. In crafting this barrier of restrictive policy, the government has trumpeted each new reform as a building block toward saving the UK’s economy and protecting its people. However, in restricting the routes that permitted many productive and talented migrants to enter and remain, the government is frustrating the country’s fiscal health and playing to a culture of alarmism.

Among those adversely affected by this approach have been Non-European Economic Area (non-EEA) migrant employees and the businesses who would seek to hire them. By constructing a wall of red tape in the form of confusing application forms, voluminous guidance, and unreasonable requirements, the UK government has given the distinct impression that the UK is closed for business.

Universities, too, have been hard-hit by the reforms and are faced with potentially losing billions of pounds due to the crackdown on overseas students. These changes limit the time non-EEA students can study in the UK, cut the number of hours they may work, reduce the options for post-graduation employment, and stem the ability of migrants to bring their spouses and children. The changes have caused significant reductions in enrollment.

Most recently, the UK government set its sights on family migration. Among the most criticized of these reforms, which came into force on July 9, 2012, has been the introduction of a minimum income of £18,600 for British citizens and settled persons who wish to sponsor a non-EEA migrant as their partner. Even higher income thresholds are in place for those seeking to sponsor a child or children. Additionally, the government now imposes an unreasonably long probationary period of five years (raised from two years) before non-EEA migrant partners may apply for settlement.

While undocumented immigration and abuses of the system are clearly legitimate concerns for any nation, the present UK government has adopted an exclusionary stance that acts as a barrier to many of the very people the UK should seek to attract. Bright students, productive employees with jobs and sponsors, and the spouses and partners of British citizens are all among those who have been prevented or discouraged from a life in the UK. Sadly, this appears to be a numbers game that we will all lose.

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8. New Publications and Items of Interest

DV-2014 lottery. The Wolfsdorf Immigration Law Group has published “The ‘Cinderella’ DV-2014 Lottery: ‘Winners’ To Get Another Dance at the Ball.” The blog entry notes that Of the more than 100,000 DV registrants, slightly more than half will end up disappointed when they discover they are unable to obtain a green card. The DV program is a “Cinderella visa,” which expires at midnight on September 30, the end of the federal fiscal year. Tens of thousands of entrants find themselves unsuccessful in their quest for a green card every year, unable to reach the finish line by the deadline to complete immigrant visa processing.

Updated fact sheets on FY 2012 statistics. The Department of Labor has posted updated program fact sheets on FY 2012 selected statistics:

  • Permanent Labor Certification
  • Prevailing Wage Determinations
  • H-1B Temporary Visas
  • H-2A Temporary Agricultural Visas
  • H-2B Temporary Nonagricultural Visas

DACA data. U.S. Citizenship and Immigration Services released new data on September 14, 2012, showing that the agency has accepted 82,361 requests for deferred action for childhood arrivals so far, scheduled 63,717 biometric appointments (this number may include rescheduling), readied 1,600 requests for review, and completed processing of 29 requests. Christopher Bentley, a USCIS spokesperson, reportedly said that USCIS does not plan to release information on the number of approvals and denials.

DOL proposal on H-1B visas. The National Foundation for American Policy has published “DOL Threatens Personal and Commercial Privacy in Proposal Directed Against Skilled Foreign Nationals.” The report argues that a Department of Labor (DOL) proposal aimed at the employment of skilled foreign nationals on H-1B visas will threaten personal and commercial privacy, make it harder for employers to serve customers, and discourage hiring skilled personnel to perform work in the United States. The report notes that the DOL proposal to change the labor condition application (LCA) significantly would require employers to divulge information in a public access file, available to anyone upon request, that would include sensitive information about clients and revenue, as well as personal information on sponsored employees that would leave skilled foreign nationals vulnerable to identity thieves and disgruntled individuals who may seek to do them harm, in addition to adding new bureaucratic steps.

Various organizations oppose the proposal, including the U.S. Chamber of Commerce, the Information Technology Industry Council, American Council on International Personnel, Society for Human Resource Management, American Immigration Lawyers Association, and NAFSA: Association of International Educators.

Report

Related Press Release

Visa processing and foreign visitor processing. The Departments of State and Homeland Security issued a joint report, “Executive Order 13597: Improvements to Visa Processing and Foreign Visitor Processing 180-Day Progress Report.” The report, released on September 19, 2012, notes that a foreign visitor’s first and primary encounters with the U.S. government shape opinions about the United States. Executive Order (EO) 13597 (Jan. 19, 2012) initiated a policy to ensure that these first impressions are the best impressions. The report states that over the past six months, the Departments have “made significant progress in three key areas: increasing productivity and efficiency; improving the traveler’s experience; and enhancing partnerships, both within the U.S. government and with the travel and tourism industry.”

Increased staffing has been key to lower visa interview wait times, the report says. By the end of 2012, the State Department will have created more than 50 new visa adjudicator positions in China and 60 in Brazil, including 43 hired under the Limited Non-Career Appointment program. Between October 2011 and July 2012, the Department deployed, on temporary duty, 220 consular officers to Brazil (a 253 percent increase over the number of temporary officers sent the previous fiscal year) and 48 officers to China (a 60 percent increase). The additional staff enabled the Department to meet the 40 percent capacity increase target goal outlined in EO 13597 in Brazil in June 2012, and will enable the Department to meet that goal in China by December 2012, the report notes.

Visa processing capacity in high-demand countries, particularly Brazil and China, has grown to meet sharply rising demand, the report states. Consular managers in China have expanded their work hours to maximize interview window use. Managers throughout Brazil’s four consular sections have responded to a nearly 50 percent year-on-year increase in demand by expanding operating hours, including occasional Saturdays and holidays.

On January 20, 2012, the two Departments initiated a two-year Interview Waiver Pilot Program (IWPP) to streamline processing for low-risk visa applicants. Many consular sections have implemented the IWPP during the past six months, the report notes. As of August 2012, 52 visa processing posts in 28 countries participate in the pilot program, waiving interviews for more than 63,000 low-risk visa applicants.

The Department of Homeland Security is also focusing on a risk-based approach to security to create efficiencies for travelers, as exemplified through its Trusted Traveler Programs.

2011 immigration statistics. The Department of Homeland Security has released its 2011 Yearbook of Immigration Statistics. The yearbook consists of a compendium of tables organized by subject, including legal permanent residents, refugees and asylees, naturalizations, nonimmigrant admissions, and enforcement actions.

Impact of the Arizona immigration law. The Congressional Research Service has published “Arizona v. United States: A Limited Role for States in Immigration Enforcement.” The report notes that the Arizona measure enacted in 2010 (S.B. 1070) “arguably represents the vanguard of recent attempts to test the legal limits of greater state involvement in immigration enforcement.” The report discusses the Supreme Court’s ruling in Arizona v. United Statesand implications the decision may have for immigration enforcement activity by states and localities.

Green Card Stories events.

  • Wednesday, October 3, 2012
    Houston, Texas: Book Signing and Panel Discussion at Brazos Bookstore
    Join Green Card Stories collaborator Stephen Yale-Loehr and other guests for a discussion and book signing at Brazos Bookstore in Houston.
  • Wednesday, October 10, 2012
    Washington, DC: Book Signing and Panel Discussion with KIND
    Join Green Card Stories collaborator Stephen Yale-Loehr and other guests for a discussion focused on the contributions of young immigrants to the United States and a book signing with Kids in Need of Defense.
  • Thursday, October 18, 201
    Detroit, Michigan: Book Signing and Panel Discussion
    Join Green Card Stories collaborators Laura Danielson and Stephen Yale-Loehr, along with other guests at this panel discussion in Detroit. Fakhoury Law Group and Global Detroit will host this special reception featuring the new award-winning book, Green Card Stories, on Thursday, October 18, 2012, at the Westin Book Cadillac in Detroit. The event, “Green Card Stories: The Human Face of the Immigration Debate,” will feature distinguished speakers and a panel discussion on the state of U.S. immigration policy. The event will begin at 5:30 p.m. and will offer guests a unique opportunity to gain insights on today’s immigration issues. All proceeds of the sale of the book at the event will go to Global Detroit, an effort to revitalize southeast Michigan’s economy by pursuing strategies that strengthen Detroit’s connections to the world and make the region more attractive and welcoming to immigrants, internationals, and foreign trade and investment as a means to produce jobs and regional economic growth. To RSVP, contact Natalia Hanna at Natalia@employmentimmigration.com or 248-643-4900.

USCIS national engagement. On October 16, 2012, USCIS will hold a public engagement (in-person in Washington, DC, and via teleconference) for EB-5 immigrant investor stakeholders.

Information

Notes from Previous Engagements by Topic

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9. Member News

The following ABIL members are listed in Best Lawyers in America, 19th Edition (2013):

Francis Chin
Enrique Arellano
Jacqueline Bart
Bernard Caris
Maria Celebi
Eugene Chow
Steve Clark
Arnold Conyer
Laura Danielson
Laura Devine
Rami Fakhoury
Bryan Funai
Steve Garfinkel
Kehrela Hodkinson
Avi Gomberg
Kenneth Ing
Mark Ivener
H. Ronald Klasko
Jelle Kroes
Charles Kuck
Robert Loughran
Gunther Maevers
Katie Malyon
Marco Mazzeschi
Sharon Mehlman
Cyrus Mehta
John Nahajzer
Ariel Orrego-Villacorta
Angelo Paparelli
Julie Pearl
William Reich
Nick Rollason
Steve Trow
Karl Waheed
Chris Watters
Bernard Wolfsdorf
Stephen Yale-Loehr

Rami Fakhoury, Robert Loughran, and Julie Pearl spoke at the Forum for Expatriate Management National Conference in Las Vegas on Thursday, September 13, 2012, on global immigration issues. Mr. Fakhoury spoke on India, Mr. Loughran spoke on Latin America with a focus on Brazil and Mexico, and Ms. Pearl spoke on the United Kingdom and the new European Union “Blue Card.”

Cyrus Mehta has published a new blog entry. “STEM Green Card v. Green Card Lottery”

Angelo Paparelli has published several new blog entries. “The Immigration Week That Was” “Immigration Buffets and Buffeting in Congress”

Stephen Yale-Loehr co-authored the immigration chapter in a book published by the American Bar Association, HIV & AIDS Benchbook. The chapter discusses the history and current state of inadmissibility grounds related to HIV and the relevance of HIV status in claims for asylum, withholding of removal, relief under the Convention Against Torture, and discretionary relief for lawful permanent residents with HIV or AIDS in removal proceedings.

Stephen Yale-Loehr will speak on EB-5 immigrant investor issues at the International Economic Development Council’s annual conference in Houston, Texas, on October 3, 2012, at 11 a.m. central time. At 6:30 p.m. that evening he will participate in a book discussion and signing about Green Card Storiesat Brazos Bookstore in Houston.

On October 10, 2012, Stephen Yale-Loehr will discuss immigration policy reform as part of a book signing and discussion about Green Card Stories at the Microsoft Innovation & Policy Center in Washington, DC.

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10. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

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https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2012-10-01 00:00:402019-09-05 12:48:29News from the Alliance of Business Immigration Lawyers Vol. 8, No. 10A • October 01, 2012

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  • News from the Alliance of Business Immigration Lawyers Vol. 15, No. 9D • September 22, 2019
  • News from the Alliance of Business Immigration Lawyers Vol. 15, No. 9C • September 15, 2019
  • News from the Alliance of Business Immigration Lawyers Vol. 15, No. 9B • September 08, 2019

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