Headlines:

1. DHS Issues FAQ on Supreme Court’s DOMA Ruling – Secretary of Homeland Security Janet Napolitano said she has “directed [USCIS] to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”

2. DOL Labor Certification Registry Goes Live – The registry is intended to provide the public with access to “appropriately redacted” copies of H-1B, H-1B1, E-3, H-2A, H-2B, and permanent labor certification documents issued by OFLC, as well as quarterly and annual case disclosure data.

3. ABIL Global: France – Under a new law, marriage will confer the same rights under French immigration procedures regardless of the sex of the spouses. Also, the deployment of biometrics has led to modifications in procedures for applying for a residence permit.

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

5. Member News – Member News

6. Government Agency Links – Government Agency Links

Details:

1. DHS Issues FAQ on Supreme Court’s DOMA Ruling

The Department of Homeland Security issued a FAQ on July 1, 2013, in response to the Supreme Court’s decision on June 26, 2013, United States v. Windsor, which struck down the 1996 Defense of Marriage Act (DOMA) as unconstitutional. That law had prohibited the federal government from recognizing same-sex marriages, regardless of whether they were legally valid in certain states or in other countries, and from conferring federal benefits on same-sex spouses that are enjoyed by heterosexual spouses.

The FAQ notes that Secretary of Homeland Security Janet Napolitano said she has “directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.” The FAQ provides the following questions and answers:

Q1: I am a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign national. Can I now sponsor my spouse for a family-based immigrant visa?

A1: Yes, you can file the petition. You may file a Form I-130 (and any applicable accompanying application). Your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law and will not be automatically denied as a result of the same-sex nature of your marriage.

Q2: My spouse and I were married in a U.S. state that recognizes same-sex marriage, but we live in a state that does not. Can I file an immigrant visa petition for my spouse?

A2: Yes, you can file the petition. In evaluating the petition, as a general matter, USCIS looks to the law of the place where the marriage took place when determining whether it is valid for immigration law purposes. That general rule is subject to some limited exceptions under which federal immigration agencies historically have considered the law of the state of residence in addition to the law of the state of celebration of the marriage. Whether those exceptions apply may depend on individual, fact-specific circumstances. If necessary, we may provide further guidance on this question going forward.

About 30,000 same-sex binational couples include spouses who may now be eligible for immigration benefits. The Supreme Court’s ruling applies only to same-sex couples in the 13 states that recognize gay marriage, not to the other states that don’t. Legal observers disagree whether a gay couple who gets married in one state and moves to another state that doesn’t recognize the marriage will still be entitled to federal benefits.

USCIS’S NEW FAQ

SUPREME COURT’S DOMA DECISION

DETAILS AND ADDITIONAL COVERAGE

FAQ ABOUT THE RULING’S IMPACT ON IMMIGRATION CASES

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2. DOL Labor Certification Registry Goes Live

The Department of Labor (DOL) recently announced implementation of the Labor Certification Registry (LCR) on the Office of Foreign Labor Certification’s (OFLC) iCERT Visa Portal System website. The LCR is intended to provide the public with access to “appropriately redacted” copies of H-1B, H-1B1, E-3, H-2A, H-2B, and permanent labor certification documents issued by OFLC, as well as quarterly and annual case disclosure data.

The LCR displays all certified H-1B1 and E-3 Labor Condition Applications (LCA) and permanent labor certifications, dating back to April 15, 2009. However, the DOL said it is experiencing technical difficulties with the display of approved H-1B LCAs. In addition, due to the historical paper-based filings of H-2A and H-2B applications, the DOL said that it must manually redact and upload these labor certification documents to the LCR. Therefore, only a limited number of records covering fiscal year 2013 are currently available. The agency said it anticipates that H-1B LCAs will be available soon, and that staff will continue to upload historical H-2A and H-2B documents in the coming months.

REGISTRY

RELATED FEDERAL REGISTER NOTICE

ANNOUNCEMENT

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3. ABIL Global: France

Under a new law, marriage will confer the same rights under French immigration procedures regardless of the sex of the spouses. Also, the deployment of biometrics has led to modifications in procedures for applying for a residence permit.

Same-Sex Marriage Rights Conferred Under French Immigration Procedures

The Act of May 17, 2013, modifies section 143 of the Civil Code to read: “Marriage is contracted by two persons of opposite sex or the same sex.” France thus joins the countries that have legalized marriage between persons of the same sex. Those countries include Belgium, Spain, Canada, some states in the United States and Brazil, the Netherlands, Sweden, New Zealand, South Africa, Mexico (Federal District), Argentina, Norway, Denmark, Portugal, Iceland, and Uruguay. The new law means that in France, marriage will confer the same rights under French immigration procedures regardless of the sex of the spouses.

General Provisions; Conflict of Laws In Other Countries; Consular Marriage

Article 202-1 of the Civil Code provides that the conditions for marriage are governed by family law, but article 202-2 provides that two persons of the same sex can marry when the family law or the law of the state of residence of one spouse permits. This arrangement allows avoidance of the application of the family law of one spouse prohibiting marriage between persons of the same sex when the marriage took place on the territory of a state recognizing marriage between persons of the same sex.

The above implies that two foreigners of the same sex can marry when one of them resides or is domiciled in France. However, this rule does not apply to nationals of countries with which France is bound by bilateral agreements (Poland, Algeria, Tunisia, Morocco, republics of the former Yugoslavia, Cambodia and Laos), which provide that the law governing conditions for marriage is the personal law. The marriage, however, may take place in a non-prohibitive state having no bilateral agreement with the country of the spouses.

Foreign nationals may find themselves in situations where their marriages in France are not recognized by their countries of origin.

A consular marriage (registered at the French consulate) between same-sex French nationals would not raise an issue. However, a consular marriage between a French national and a foreign national may be more complex in consular posts in countries that prohibit same-sex marriage. In such case, the Civil Code provides that marriage may take place in France.

The law of May 17, 2013, also provides that marriages between same-sex couples, validly celebrated abroad at a time when the French law forbade it, may be recognized retroactively.

Impact on French Immigration Rights of Foreign Nationals Moving to France

Derivative residence and worker rights known as “accompanying family rights” will be applicable to married foreign workers under Intra-Company Transfer, EU Blue Card, and Skills and Talents status, regardless of the sexual identity of the spouses when the marriage is celebrated in France or recognized by France (marriage between two foreigners) on the basis of the new provisions of the Civil Code and Article L313-11-3 CESEDA (code de l’entrée et du séjour des étrangers et du droit d’asile).

A same-sex marriage between a foreign national and a French national will allow the issuance of a visa and a residence permit to the foreign national as the spouse of a French national, on the basis of the Civil Code and Article L313-11-4 CESEDA.

The marriage between a third-country national in the European Union with a European citizen is expected to allow the issuance of a residence permit as a European spouse under Articles L121-3 to L121-5 CESEDA.

Recognition of marriage for same-sex couples could also give rise to new legal actions when a decision refusing stay may be considered as disproportionate interference with the rights to private and family life, under Article 8 of the European Convention on Human Rights.

Biometrics Deployed

The deployment of biometrics in all French departments (département, or administrative area) has led to modifications in procedures for applying for a residence permit and requires an additional appearance at the Prefecture for fingerprinting. This change also will affect the beneficiaries of one-stop Office Français de l’Immigration et de l’Intégration (OFII) processing (e.g., Intra-Company Transferees, EU Blue Cards, Skills and Talents) by the end of the year.

Gradual Deployment of Biometrics and Modifications in Residence Permit Application Process

A regulation of the Council of the European Union (EC), No. 380/2008 of April 18, 2008, mandates a new format for biometric residence permits comprising an electronic component into which are inserted a photograph and two fingerprint images. Under this regulation, the Ministry of Interior issued two circulars in April 2011 and June 2012, describing the details on implementing the new residence permit requirement and the progressive deployment of biometrics, which is now effective in several departments.

After a first stage completed in 2011 with the release of the new uniform format for residence permits, the second step will be to collect and insert fingerprints of foreign nationals collected by the Prefecture into the integrated residence electronic component of the permit.

The fingerprinting will require modifications of the procedures for applying for a residence permit. Any person requesting a residence permit (first application or renewal) will be required to go in person to the Prefecture for fingerprinting, as noted above. A deposit at City Hall will no longer be possible and procedures by mail will be affected.

Fingerprints will be valid for five years.

Impact on Categories of Foreigners Benefiting From the One-Stop OFII Process

To date, the three categories of foreigners benefiting from the one-stop OFII process (Intra-Company Transferees, EU Blue Cards, Skills and Talents), as well as family members of holders of these permits, have been exempted temporarily from biometric compliance in the departments using the one-stop OFII process. This exemption is valid until completion of the deployment of biometrics. France had aimed at full deployment by the end of the first half of 2013, but only a few departments have implemented biometrics to date: Loire-Atlantique, Alpes-Maritimes, Hauts-de-Seine, SaÔne-et-Loire, Essonne, Seine-et-Marne, and Puy-de-DÔme. However, the deployment will affect all French departments by the end of the year.

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4. New Publications and Items of Interest

Several ABIL members co-authored and edited the Global Business Immigration Practice Guide, 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.Latchi Delchev, a global mobility and immigration specialist for Boeing, called the guide “first-rate” and said the key strong point of the book is its “outstanding usability.” She said she highly recommends the book and notes that it “is helpful even to seasoned professionals, as it provides a level of detail which is not easily gained from daily case management.”

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 issues.

Order HERE. International customers who do not want to order through the bookstore can order through Nicole Hahn at (518) 487-3004 or [email protected].

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. The writer, Saundra Amrhein, was nominated as a finalist on the short list for the 2011 Santa Fe Writers Project Literary Awards. Green Card Stories is also featured on National Public Radio’s photo blog.

For more information, e-mail Lauren Anderson at [email protected]. See also the Green Card Stories website.

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

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5. Member News

Charles Kuck has authored a new blog entry. “Immigration Reform – What Words Mean Makes All the Difference”

Cyrus Mehta has authored a new blog entry. ” How Extraordinary Does One Need To Be To Qualify As A Person of Extraordinary Ability?” He also co-authored a blog entry. “How Cyrus’ View of Religious Toleration May Have Inspired the U.S. Constitution”

Angelo Paparelli has authored a new blog entry. “USCIS, America’s Immigration Cutcherry, Adopts New Procedures as the Boss Readies for a Move Upstairs”

Stephen Yale-Loehr wrote an op-ed about the Senate immigration bill that was published in El Norte, a Mexican newspaper, on July 4, 2013. He summarized what the Senate bill would do. He said, among other things, that the bill would both benefit and hurt Mexicans: “The Senate bill contains a legalization program, but it requires a long wait and many requirements, so many people may not end up being able to legalize their status. Also, the border security provisions in the Senate bill are too tough. They unnecessarily militarize the border and would harm U.S.-Mexican relations.” SPANISH VERSION

Mr. Yale-Loehr was featured in several recent LexisNexis PODCASTS and ARTICLES.

Mr. Yale-Loehr was quoted:

• In the Wall Street Journal on July 2, 2013, in “Snowden’s Asylum Effort Hits Roadblocks.” He said Mr. Snowden could ask Russia to issue him a refugee travel document under the United Nations convention on refugees.
• In Time.com on July 2, 2013, in “Snowden’s Worst-Case Scenario: What If No Countries Take Him?” He said he thought Mr. Snowden could be in Moscow for a long time, but that he could be helped by Article 28 of the United Nations convention on refugees, which asks member states to give “sympathetic consideration” to those who can’t obtain the necessary documents from their home countries.
• In the Gannett newspaper chain, in articles about the Senate immigration bill. Commenting on the estimated 11 million people who entered the United States without authorization or overstayed their legal visits before December 31, 2011, who would be offered a 13-year path to citizenship beginning with their application for registered provisional immigrant status, Mr. Yale-Loehr noted that requirements under the Senate bill would exclude some.
• In TribLIVE/USWorld on June 27, 2013. In “Immigration Bill Unlikely To Pass House,” he noted, “The Senate’s passage of a major immigration reform bill is a milestone, but it is only half the battle. A tougher battle lies ahead in the House.”

Mr. Yale-Loehr also was quoted in an article about the prospects for immigration reform in the House of Representatives. A version of the story was published on July 9, 2013, in the Arizona Republic.

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6. 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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Headlines:

1. Full Senate Considers Comprehensive Immigration Reform Bill; House Approval Uncertain – The Senate is now debating the bill and considering amendments. A full vote is possible by the end of June.

2. Temporary Protected Status Extended for Salvadorans – DHS has extended TPS for eligible nationals of El Salvador for an additional 18 months, beginning September 10, 2013, and ending March 9, 2015.

3. USCIS Office Permanently Closing in Tegucigalpa, Honduras – The USCIS Field Office in San Salvador, El Salvador, will assume Tegucigalpa’s former jurisdiction (Costa Rica, Honduras, and Nicaragua) and the U.S. Embassy in Tegucigalpa will assume responsibility for certain requests.

4. USCIS Opens Field Office in Guangzhou, China – USCIS has opened the Guangzhou Field Office, which has jurisdiction over services in various provinces.

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

6. Member News – Member News

7. Government Agency Links – Government Agency Links

Details:

1. Full Senate Considers Comprehensive Immigration Reform Bill; House Approval Uncertain

The full Senate is now considering the comprehensive immigration reform bill approved by the Senate Judiciary Committee on May 21, 2013. The committee approved an amended S. 744, the “Border Security, Economic Opportunity and Immigration Modernization Act of 2013,” by a bipartisan vote of 13-5. On June 11, 2013, the Senate voted 82-15 to consider the bill, more than the 60 votes needed. Senators are now debating the bill and offering amendments. A full Senate vote is possible by the end of June or early July; Senate Majority Leader Harry Reid wants to vote before the July 4 recess.

Meanwhile, according to reports, recent bipartisan meetings in the House of Representatives on immigration reform have been fruitless so far. The main obstacle appears to be that Republicans say they will not approve any access to health care coverage sponsored by the U.S. government for newly legalized workers before they become U.S. citizens. Democrats argued that those workers should be eligible for benefits if they are paying U.S. taxes. Some observers say it is unlikely that comprehensive immigration reform legislation on the House side will pass, although portions of it could.

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2. Temporary Protected Status Extended for Salvadorans

Current Salvadoran beneficiaries seeking to extend their TPS status must re-register during the 60-day re-registration period that began May 30, 2013, and ends July 29, 2013. U.S. Citizenship and Immigration Services (USCIS) is encouraging beneficiaries to register as soon as possible.

The 18-month extension also allows TPS re-registrants to apply for a new employment authorization document (EAD). Eligible Salvadoran TPS beneficiaries who re-register during the registration period will receive a new EAD with an expiration date of March 9, 2015. USCIS recognizes that some re-registrants may not receive their new EADs until after their current EADs expire. Therefore, USCIS is automatically extending current TPS El Salvador EADs bearing a September 9, 2013, expiration date for an additional six months. These existing EADs are now valid through March 9, 2014.

To re-register, current TPS beneficiaries must submit Form I-821, Application for Temporary Protected Status. All TPS re-registrants must also submit Form I-765, Application for Employment Authorization, but no Form I-765 application fee is required if the re-registrant does not want an EAD. Re-registrants do not need to pay the Form I-821 application fee, but they must submit the biometric services fee, or a fee waiver request, if they are age 14 or older. TPS re-registrants requesting an EAD must submit the I-765 application fee, or a fee waiver request.

TPS applicants may request that USCIS waive any or all the fees by filing a Form I-912, Request for Fee Waiver, or by submitting a personal letter requesting that these fees be waived. Failure to submit the required filing fees or a properly documented fee waiver request will result in the rejection of the TPS application, USCIS noted.

USCIS NOTICE

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3. USCIS Office Permanently Closing in Tegucigalpa, Honduras

U.S. Citizenship and Immigration Services (USCIS) will permanently close its field office in Tegucigalpa, Honduras, on June 20, 2013. The USCIS Field Office in San Salvador, El Salvador, will assume Tegucigalpa’s former jurisdiction (Costa Rica, Honduras, and Nicaragua) and the U.S. Embassy in Tegucigalpa will assume responsibility for certain requests.

USCIS NOTICE, including details on forms, services, and filing instructions.

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4. USCIS Opens Field Office in Guangzhou, China

U.S. Citizenship and Immigration Services (USCIS) has opened the Guangzhou Field Office, which has jurisdiction over services in the provinces of Anhui, Fujian, Guangdong, Guangxi, Guizhou, Hainan, Henan, Hubei, Jiangsu, Jiangxi, Ningxia, Qinghai, Shandong, Shanxi, Sichuan, Sinkiang (Xinjiang), Tibet (Xizang), Yunnan, and Zhejiang.

MORE INFORMATION

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5. New Publications and Items of Interest

Several ABIL members co-authored and edited the Global Business Immigration Practice Guide, 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 issues.

Order HERE. International customers who do not want to order through the bookstore can order through Nicole Hahn at (518) 487-3004 or [email protected].

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 and was a finalist for the International Photography Awards. The writer, Saundra Amrhein, was nominated as a finalist on the short list for the 2011 Santa Fe Writers Project Literary Awards. Green Card Stories is also featured on National Public Radio’s photo blog.

For more information, e-mail Lauren Anderson at [email protected] or see the Green Card Stories website.

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

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6. Member News

In Who’s Who Legal for Corporate Immigration Law 2013, 11 of the top 15 listings for immigration law are ABIL members. Over 70% of the top immigration lawyers worldwide are members of ABIL, which is the official research partner of the International Bar Association and the strategic research partner of the International Law Section of the American Bar Association.

ABIL members have been appointed to the following American Immigration Lawyers Association committees:

Mark Ivener is on the EB-5 Committee.
H. Ronald Klasko will chair the EB-5 Committee.
Charles Kuck is on the USCIS Field Operations Liaison Committee.
Sharon Mehlman will serve on the AILA Annual Conference Committee and the DMV/SSA. She is the Vice Chair of the Verification and Worksite Enforcement Committee.
Cyrus Mehta is chair of the Ethics Committee. He has also been appointed to the Access to Counsel Committee.
Angelo Paparelli is on the Access to Counsel Committee.
Bernard Wolfsdorf will serve on the EB-5 Committee and will chair the AILA Midyear Conference to be held January 24, 2014, in the Cayman Islands.
Stephen Yale-Loehr is serving on the AILA Business Committee again this year.

Several ABIL members will speak at the upcoming American Immigration Lawyers Association conference to be held June 26-29, 2013, in San Francisco, California:

• Steve Clark will speak on “Fundamentals: Labor Certification 103: The Basics of Audits, Supervised Recruitment & Denials”
• Bryan Funai will speak on “Masters: Advanced E-1/E-2 Visa Issues”
• Kehrela Hodkinson will speak on “Basics of Consular Processing in Family Cases”
• H. Ronald Klasko will speak on “Masters Business: Hot Topics With EB-5 Regional Centers”
• Charles Kuck will speak on “How to Handle DOL and USCIS Investigations”
• Sharon Mehlman will speak on “Things I Hate About PERM”
• Cyrus Mehta will speak on “Masters: EB-1 in the Age of Kazarian”
• Angelo Paparelli will speak on “Globalization, Technology, and Telecommuting: Does Where You Are Mean Anything Anymore?”
• Julie Pearl will speak at the AILA “Global Forum on the Role of Technology in Global Immigration”
• Bernard Wolfsdorf will speak on “Essentials of EB-5 and Other Investor Visa Options at the Urban Tavern for New Members Division”
• Mr. Wolfsdorf and Stephen Yale-Loehr will speak on “EB-5: The Essentials of Investment”

AILA CONFERENCE PROGRAM

Cyrus Mehta co-authored a new blog entry. “Meet Our New Friend: Who Is An ‘H-1B Skilled Dependent Employer’ in Senate Immigration Bill, S. 744?”

Bernard Wolfsdorf, Wolfsdorf Immigration Law Group, received Who’s Who Legal‘s 2013 Lawyer of the Year award for Corporate Immigration, for the fourth consecutive year.

Stephen Yale-Loehr was quoted in USA Today on June 3, 2013. In an article on the new immigration bill, he said, “It’s a balancing act. The Gang of Eight has done a great job so far of walking that tightrope. Now we’ll see whether they can continue.”

Mr. Yale-Loehr was quoted in La Opinion, the largest Spanish-language newspaper in the United States. In an article on activists and immigration reform legislation now being considered in the Senate, he noted, “Creo que es una buena señal y que el grupo de los ocho ha manejado bien el proyecto de ley hasta ahora. Está claro que el senado se está tomando con seriedad el tema de la reforma, pero ahora hay que ver cómo manejarán el tema de las enmiendas que van a comenzar a llegar.”

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7. 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

Back to Top

Headlines:

1. Senate Committee Begins Markup of Comprehensive Immigration Reform Bill – Additional markup dates are scheduled; the process is expected to be lengthy and involve numerous amendments.

2. DHS Orders Verification of Student Visas in Wake of Boston Bombings – Border agents are to use flight manifest information to verify student visa status, and check any for which that information is not available against a DHS database.

3. Employment-Based Third Preference Visa Numbers Advance Significantly – The employment-based third preference category cut-off date for most countries advanced significantly for the second month in a row, but this rapid rate is not expected to continue.

4. USCIS Seeks New Private-Sector Experts for Entrepreneur Initiative – USCIS seeks experts in performing arts, health care, and information technology.

5. DHS Changes US-VISIT Name – The US-VISIT program is now called the Office of Biometric Identity Management (OBIM).

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

7. Member News – Member News

8. Government Agency Links – Government Agency Links

Details:

1. Senate Committee Begins Markup of Comprehensive Immigration Reform Bill

On May 9 and 14, 2013, the Senate Judiciary Committee began marking up S. 744, the “Border Security, Economic Opportunity and Immigration Modernization Act of 2013,” which is comprehensive immigration reform legislation developed by the “Gang of Eight” bipartisan group of senators and introduced on April 17. The Gang of Eight includes Sens. Marco Rubio (R-Fla.); John McCain (R-Ariz.); Lindsey Graham (R-SC); Jeff Flake (R-Ariz.); Chuck Schumer (D-NY); Robert Menendez (D-NJ); Michael Bennet (D-Colo.); and Richard Durbin (D-Ill.)

Among other things, the bill would offer a pathway to legalization for an estimated 11 million undocumented persons, introduce a new W visa for lower-skilled immigrants, and clear up the backlogs in the employment and family preferences. It also would create a startup visa for entrepreneurs. Future measures to be considered in the markup sessions include an increase in visas for both high- and low-skilled workers.

The May 9 markup of the 844-page bill included a 7½-hour hearing during which the committee considered more than 32 proposed changes, mainly related to border security. The committee rejected such proposals as building 700 miles of double-layer fencing along the southern border. Twenty-one amendments were adopted; eight of the successful amendments were by Republicans and 13 by Democrats. Among other things, the adopted amendments require that the U.S. government apprehend 90 percent of those attempting to cross the southwest border without authorization. Some Republican senators wanted to tie border control measures to allowing undocumented persons to attain legal status. However, a related amendment by Sen. Charles Grassley (R-Iowa) was defeated.

Day 2 of the markup on May 14 focused on temporary visas. The senators approved 15 of the 29 amendments considered. Among other things, they adopted an amendment to make nationals of countries benefiting from the African Growth and Opportunity Act and the Caribbean Basin Economic Recovery Act eligible for E nonimmigrant visas, and rejected an amendment to limit the number of legal immigrants to 33 million over 10 years. Amendments were adopted to require a pilot program to conduct interviews for certain nonimmigrant visa applicants using secure remote conferencing technology, and to increase the labor certification fee from $500 to $1,000 and use the money to fund STEM (science, technology, engineering, and mathematics) education and training in the United States. The committee also passed an amendment to require that data from the Student and Exchange Visitor Information System be transmitted to U.S. Customs and Border Protection databases used by officers at ports of entry. An amendment to increase the H-1B visa cap to 325,000 after fiscal year 2013 was defeated.

A primary concern is how the bill would deal with the shortage of H-1B visa numbers. For FY 2014, which begins on October 1, 2013, the H-1B cap was reached on April 5, 2013. S. 744 would increase the H-1B cap, but this increase would be accompanied by changes to the H-1B and L visa programs that may make it more difficult to obtain H-1B and L visas quickly. For example, in exchange for an increase in H-1B visas to 110,000 with further adjustments using a market-based formula, the bill would significantly restrict access to the H-1B visa for all employers, as well as L-1 visas for some employers. The bill also would increase the period within which a complaint may be brought against an H-1B employer, from 12 to 24 months.

Subsequent markup dates are scheduled for May 16 and 20, and additional dates will be added as needed. Committee Chairman Patrick Leahy (D-Vt.) said that up to 300 amendments are expected. He said he hoped that debating the amendments would not become a delay tactic. The process is expected to take weeks, and Sen. Leahy said he wants to send the bill to the full Senate in June.

The New York Times published an editorial on April 21, 2013, arguing that although the bill needs some improvements, it would make the United States more hospitable to skilled immigrants while toughening rules to prevent abuse of temporary work visas.

The first amendment to the bill was the “SPONSORS AMENDMENT”

DOCUMENT SHOWING CHANGES TO THE BILL AS INTRODUCED

ORIGINAL TEXT OF THE BILL

LIVE WEBCAST OF THE MAY 9 MARKUP

NEW YORK TIMES EDITORIAL

LIST OF AMENDMENTS AND THEIR OUTCOME IN THE MARKUPS

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2. DHS Orders Verification of Student Visas in Wake of Boston Bombings

The Department of Homeland Security reportedly has ordered U.S. border agents to verify the validity of student visas for every international student arriving in the United States, effective immediately. Border agents are to use flight manifest information to verify student visa status, and check any for which that information is not available against a DHS database, according to the Associated Press, which obtained a copy of an internal memo circulated by David J. Murphy, of U.S. Customs and Border Protection, on May 3, 2013.

The order follows news that one of the students accused of hiding evidence after the April 15 Boston Marathon bombings, Azamat Tazhayakov, had returned to the United States in January without a valid visa. Reportedly, the border agent at the airport in New York where Mr. Tazhayakov entered the United States on January 20 did not have access to the Student and Exchange Visitor Information System (SEVIS) and didn’t send Mr. Tazhayakov to secondary inspection where SEVIS information would have been available. All border agents will now be able to access SEVIS. One of the bombers, Tamarlan Tsarnaev, was a U.S. permanent resident and the other, Dzokhar Tsarnaev, was a U.S. citizen. Tamarlan is dead and Dzokhar is in custody.

Delays are expected at ports of entry for international students as a result of the new order.

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3. Employment-Based Third Preference Visa Numbers Advance Significantly

The employment-based third preference category cut-off date for most countries advanced significantly for the second month in a row, as reflected in the June 2013 Visa Bulletin.

The Department of State’s Visa Office said this recent rate of movement is not expected to continue in the future. Rapid forward movement of cut-off dates is often followed by a dramatic increase in demand for numbers within three to six months, the Visa Bulletin explains. Once such demand begins to materialize, the cut-off date movement will begin to slow or will even stop for a period of time.

For June, the employment-based third preference cut-off date for China is September 1, 2008; for India, January 8, 2003; for Mexico, September 1, 2008; and for Philippines, September 22, 2006. For all other chargeability areas, the date is September 1, 2008. The dates for the “Other Workers” categories in June are the same, except for China-mainland born, which is October 22, 2003.

In May, the corresponding cut-off dates were December 1, 2007 (China, Mexico, and All Chargeability Areas Except Those Listed); December 22, 2002 (India); and September 15, 2006 (Philippines).

For June, the employment-based first preference is Current. Second preference is also Current except for China-mainland born, which is July 15, 2008; and India, which is September 1, 2004.

JUNE 2013 VISA BULLETIN

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4. USCIS Seeks New Private-Sector Experts for Entrepreneur Initiative

For its “Entrepreneurs in Residence” initiative, U.S. Citizenship and Immigration Services (USCIS) is now seeking new private sector experts, using the Department of Homeland Security’s Loaned Executive Program, in the areas of performing arts, health care, and information technology. USCIS said the introduction of expert views in these areas will help the agency gain additional insights and strengthen its policies and practices in areas critical to economic growth.

USCIS has also enhanced its online resource center for entrepreneurs, Entrepreneur Pathways. Over the past year, there have been nearly 30,000 visits to the site, USCIS reported. The site provides entrepreneurs seeking to start a business in the United States a way to navigate the immigration process.

USCIS said three aims are key to the initiative: “producing clear public materials to help entrepreneurs understand relevant visa categories; equipping USCIS staff with the right tools to adjudicate cases in today’s complex business environment; and streamlining USCIS policies to better reflect the realities faced by foreign entrepreneurs and startup businesses.”

MORE INFORMATION ON OPPORTUNITIES FOR PRIVATE SECTOR EXPERTS

USCIS ANNOUNCEMENT

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5. DHS Changes US-VISIT Name

The US-VISIT (United States Visitor and Immigration Status Indicator Technology) program is now called the Office of Biometric Identity Management (OBIM). The Department of Homeland Security (DHS) explained that OBIM provides biometric identification services that help federal, state, and local government decision-makers accurately identify people and determine whether they pose a risk to the United States. OBIM supplies the technology for collecting and storing biometric data, provides analysis, updates its watchlist, and ensures data integrity.

DHS created OBIM in March 2013.

MORE INFORMATION

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6. New Publications and Items of Interest

Policy briefs on new immigration bill and H-1B visas. The National Foundation for American Policy has published several policy briefs. The May 2013 brief, “H-1B Visas Essential to Attracting and Retaining Talent in America.” The April 2013 brief, “Analysis: Senate Bill’s H-1B and L-1 Visa Provisions Are a Reversal of Fortune for American Competitiveness.”

USCIS Ombudsman’s conference. U.S. Citizenship and Immigration Services’ Ombudsman’s third annual conference will be held on October 24, 2013, from 9 a.m. to 4:30 p.m. in Washington, DC. Information on registration will be released in September. OMBUDSMAN’S WEBSITE

Resource guide on new automated I-94 process. NAFSA: Association of International Educators has published a resource guide to help prepare schools and students for the rollout of the new automated Form I-94 process. Following automation, if students need information from their I-94 Arrival/Departure Record to verify immigration status or employment authorization, the record number and other admission information will be available at the U.S. Customs and Border Patrol (CBP) webpage. NAFSA said it is in close contact with CBP to make sure up-to-date information is posted. Resources, including meeting minutes. A related CBP news release.

Several ABIL members co-authored and edited the Global Business Immigration Practice Guide, 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 issues.

Order HERE. International customers who do not want to order through the bookstore can order through Nicole Hahn at (518) 487-3004 or [email protected].

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 and was a finalist for the International Photography Awards. The writer, Saundra Amrhein, was nominated as a finalist on the short list for the 2011 Santa Fe Writers Project Literary Awards. Green Card Stories is also featured on National Public Radio’s photo blog.

For more information, e-mail Lauren Anderson at [email protected] or see the Green Card Stories website.

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

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7. Member News

Several ABIL members were listed in Who’s Who Legal for Corporate Immigration Law 2013:

MOST HIGHLY REGARDED INDIVIDUALS:

Kehrela Hodkinson
H. Ronald Klasko
Charles Kuck
Cyrus Mehta
Angelo Paparelli
Bernard Wolfsdorf

Global:
Enrique Arellano
Laura Devine
Gunther Mävers
Marco Mazzeschi

ALSO LISTED (all other members):
Francis Chin
Steve Clark
Laura Danielson
Rami Fakhoury
Bryan Funai
Steve Garfinkel
Mark Ivener
Robert Loughran
Sharon Mehlman
John Nahajzer
Julie Pearl
Linda Rahal
Bill Reich
Stephen Yale-Loehr

Global:
Jacqueline Bart
Bernard Caris
Maria Celebi
Eugene Chow
Arnold Conyer
Avi Gomberg
Kenneth Ing
Jelle Kroes
Ariel Orrego-Villacorta
Nicolas Rollason
Karl Waheed
Chris Watters

Robert Loughran also was selected for the 2013 Texas Super Lawyers list.

Cyrus Mehta has co-authored several new blog entries. ” Do We Still Need PERM Labor Certification? An Analysis Of The Merits-Based Points System In BSEOIMA” “Workable or Unworkable? The H-1B and L-1 Visa Provisions in BSEOIMA, S. 744”

Angelo Paparelli has published several new blog entries. “No Time for Rich-Whining, CIR Advocates Must Stay Focused on the Senate” “Memo to GCs: If Ever There Is a Time for Immigration Portfolio Management, It’s Now”

Julie Pearl has received Super Lawyers’ Pro Bono Award for 2012. An article about her appears on page 11 of Pro Bono Awards 2012.

Stephen Yale-Loehr will give a media briefing for journalists at 10:30 a.m. on May 17, 2013, at the Hall of States, 444 North Capitol Street, NW, Room 331, Washington, DC. He will analyze the changes being made to the immigration bill in the Senate Judiciary Committee markup and predict the chances that Congress will enact significant immigration reform this year. To reserve a place at the briefing, RSVP to Joe Schwartz at the Cornell Media Relations Office: (607) 254-6235 or [email protected].

Mr. Yale-Loehr was quoted in the May 9, 2013, edition of the Arizona Republic, in an article on the immigration reform bill being marked up in the Senate. He noted: “Nobody likes the entire bill. There are liberals who hate certain provisions just as much as conservatives hate others. It will be a true test of Congress to see if they can thread the needle and get something passed.”

Mr. Yale-Loehr was quoted in Politifact on May 7, 2013. Commenting on the U.S. government’s lawsuit filed in 2010 against Arizona’s law granting police authority to check the immigration status of people they stop, Mr. Yale-Loehr noted, “They went after Arizona on a constitutional principle that the federal government is in charge of immigration and it’s the federal government that should be making immigration laws, not Arizona.”

Mr. Yale-Loehr was quoted in the Wall Street Journal on May 3, 2013. Commenting on the renewed scrutiny of those entering the United States on student visas in the wake of the Boston bombing, Mr. Yale-Loehr said, “It’s not unusual for students re-entering the United States to have some ambiguity that needs to be cleared up. But it’s difficult to make any formal determination right at the port of entry.”

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8. 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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Headlines:

1. DOL, DHS Publish Interim Final Rule on H-2B Prevailing Wage Methodology; DOL, USCIS Resume Processing – The rule revises the prevailing wage methodology used by the DOL to calculate certain prevailing wages paid to H-2B workers and U.S. workers recruited in connection with an H-2B Application for Temporary Employment Certification.

2. CBP Rolling Out Automation of I-94 Arrival/Departure Records – The change was implemented at air and sea ports on April 30 at Charlotte-Douglas International Airport, Orlando International Airport, Las Vegas Airport, Chicago O’Hare, Miami International Airport, and Houston Bush Intercontinental Airport. It will be rolled out across the country through May 21.

3. SSA Adds Admission Stamp in Unexpired Foreign Passport To List of Primary Evidence of Identity, Updates Policy on New Types of Nonimmigrant Evidence – The Social Security Administration has updated its Program Operations Manual System, adding “admission stamp in unexpired foreign passport” to its list of acceptable primary evidence of identity.

4. ABIL Global: Peru – Amendments have been made recently to Peruvian immigration rules.

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

6. Member News – Member News

7. Government Agency Links – Government Agency Links

Details:

1. DOL, DHS Publish Interim Final Rule on H-2B Prevailing Wage Methodology; DOL, USCIS Resume Processing

On April 24, 2013, the Departments of Labor (DOL) and Homeland Security published a joint interim final rule on wage methodology for the temporary non-agricultural employment H-2B program. The rule revises the prevailing wage methodology used by the DOL to calculate certain prevailing wages paid to H-2B workers and U.S. workers recruited in connection with an H-2B Application for Temporary Employment Certification.

The interim final rule was published in response to a court order issued by the U.S. District Court for the Eastern District of Pennsylvania on March 21, 2013, in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, 09-cv-00240 (E.D. Pa). The court order vacated a portion of the 2008 wage methodology rule dealing with the way the DOL determines the prevailing wage when relying on the Bureau of Labor Statistics’ Occupational Employment Statistics (OES) survey, and provided the Department of Labor with 30 days to come into compliance.

On April 24, 2013, the effective date of the interim final rule, the DOL also resumed processing both pending H-2B prevailing wage requests and H-2B applications for temporary labor certification based on the OES wage survey data, in accordance with standards set in the interim final rule.

USCIS also has resumed processing of all Form I-129 (Petition for Nonimmigrant Worker) H-2B petitions for temporary nonagricultural workers. On March 22, 2013, USCIS temporarily suspended adjudication of most I-129 H-2B petitions while the government considered appropriate action in response to the court order.

The DOL released frequently asked questions (FAQs) to assist filers in complying with the requirements of the interim final rule. The FAQs address the applicability of the new prevailing wage methodology, employer wage obligations, requests for review, and processing pending H-2B prevailing wage requests and H-2B applications for temporary labor certification. FAQs, updated on April 25, 2013.

DOL/DHS INTERIM FINAL RULE

DOL ANNOUNCEMENT

USCIS RELATED ANNOUNCEMENT

DECISION IN COMTE DE APOYO DE LOS TRABAJADORES AGRICOLAS ET AL V. SOLIS

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2. CBP Rolling Out Automation of I-94 Arrival/Departure Records

U.S. Customs and Border Protection (CBP) announced on April 26, 2013, that it has automated the Form I-94, Arrival/Departure Record. The I-94 provides international visitors evidence that they have been lawfully admitted to the United States, which is necessary to verify registration, immigration status, and employment authorization. Affected visitors will no longer need to fill out a paper form when arriving in the U.S. by air or sea. CBP will now generate records of admission using traveler information already transmitted electronically.

The change was implemented at air and sea ports on April 30 at Charlotte-Douglas International Airport, Orlando International Airport, Las Vegas Airport, Chicago O’Hare, Miami International Airport, and Houston Bush Intercontinental Airport. It will be rolled out across the country through May 21.

Travelers wanting a hard copy or other evidence of admission may access that information online if they did not receive a hard copy attached to their passport. From there, individuals can print a copy of the I-94 based on electronically submitted data, including the I-94 number from the form, to provide as necessary to benefit providers or as evidence of lawful admission.

ANNOUNCEMENT

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3. SSA Adds Admission Stamp in Unexpired Foreign Passport To List of Primary Evidence of Identity, Updates Policy on New Types of Nonimmigrant Evidence

The Social Security Administration has updated its Program Operations Manual System (POMS), effective April 30, 2013, adding “admission stamp in unexpired foreign passport” to its list of acceptable primary evidence of identity. The updated SSA information, “List of Documents in Priority of Acceptability for Use as Evidence of Identity,” says that this is considered a separate document from an unexpired passport.

The updated SSA information in POMS refers to “Policy for Number of Documents Required for an SSN Card,” which explains:

• An I-551 stamp (Temporary Lawful Permanent Resident stamp) or a U.S. immigration stamp in the applicant’s foreign passport and the foreign passport are two separate documents.
• Likewise, an Arrival Departure Record (Form I-94) stapled in a foreign passport and the foreign passport are two separate documents.
• A machine-readable immigrant visa (MRIV) issued by the U.S. Department of State and placed in the foreign passport and the foreign passport are two separate documents.
• The Department of Homeland Security (DHS) admission stamp placed partially on the MRIV is a third document.
• While you can use the immigration and admission stamp to establish identity and lawful alien status, you can use the foreign passport to establish age.

SSA has also posted policy information on new types of nonimmigrant evidence, including the admission stamp and recently introduced versions of the I-94 Arrival/Departure record, including U.S. Customs and Border Protection’s I-94 website printout and the Global Entry I-94, and has added a parole stamp placed in an unexpired foreign passport as acceptable evidence of parole status for a Social Security number (SSN).

SSA also updated the 10-day hold procedure for verifying evidence of status for an SSN using the Systematic Alien Verification for Entitlements (SAVE) program through the enumeration system (SSNAP). SSA said it is making these changes as a result of Department of Homeland Security (DHS) automation of the I-94 Arrival/Departure record and recent DHS information regarding the real-time verification of alien evidence. SSA has eliminated the 10-day hold policy for all DHS evidence except DHS Forms N-550/N-570 (Certificate of Naturalization) and N-560/N-561 (Certificate of Citizenship).

The updated information on admission stamps is included in RM 10210 TN 16 (effective date: 4/30/2013),

The referenced document, RM 10210.020.

New policy documents, effective APRIL 30, 2013 HERE and HERE

10-DAY HOLD UPDATE

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4. ABIL Global: Peru

Amendments have been made recently to Peruvian immigration rules.

Changes do not often occur in Peruvian immigration law, but there have been some recent modifications to certain aspects of immigration proceedings and requirements by the Peruvian Immigration Administrative Authority concerning visa processes for foreign nationals.

Legislative Decree No. 1130 has created a new immigration Peruvian authority based on the former authority known as “DIGEMIN” and now called “MIGRACIONES.” This legislative decree took effect December 7, 2012. The new government office, the National Superintendence of Migration (MIGRACIONES), is a technical and specialized entity within the Ministry of the Interior of Peru that has its own administrative, economic, and functional autonomy.

In addition, on December 23, 2012, Supreme Decree No. 003-2012-IN was published, which included the Text of Administrative Procedures of the Ministry of the Interior (TUPA), comprising procedures and related administrative services. Among them are those pertinent to MIGRACIONES, which is now the lead agency in domestic immigration policy in Peru. Among its different powers, however, there still exists the recently issued DIGEMIN TUPA. MIGRACIONES has not yet issued its own TUPA.

In general, MIGRACIONES has become more demanding and rigorous. Previously, there were only the discretionary judgment and criteria of DIGEMIN in some aspects. Now the legal basis has been incorporated into the recent DIGEMIN TUPA regarding such aspects. DIGEMIN TUPA contains the administrative rules to apply to immigration law in Peru.

Now there are more requirements for work visas and appointed worker visas related to performing labor activities in Peru for those who are either working in the country employed by local companies registered on their payroll as “dependent workers,” or as foreigners who provide services in Peru to some local companies as “consultants or advisors” on a regular basis and who hold a migratory status and visa regulated by law, maintaining their capacity as workers for foreign companies because they are not included on the payroll of Peruvian companies.

The most significant changes include:

I. Change of status (in-country processing) or obtaining of visa proceeding (with a consular step):

Resident – Worker (WRA)

• A foreign citizen who requires this type of visa must sign the Initiation “F-0004” form, in the case of “Change of Status” procedure (in-country processing), since he or she is in the country.
• At present, the F-0004 is obtained online either for in-country or obtaining of visa proceeding.
• No more than 15 working days should elapse between the date of approval of the employment contract for foreign nationals and the start date of filing the case before MIGRACIONES.
• Where the parties in an employment contract related to a foreign national have agreed to a probationary period, MIGRACIONES shall first grant a visa with temporary worker status only until the completion of this period. After that, the applicant applies for a “change of visa process” to get his or her WRA visa at MIGRACIONES.
• The power of attorney letter granted by the foreign citizen must be addressed to the National Superintendence of Migration-MIGRACIONES, not to DIGEMIN.
• A copy of the Registry of Taxpayers (RUC) of the local company employing the foreign national, which is obtained from SUNAT’s websiteusing the key password “clave sol,” must be “Active” (Activo) and “Existing” (Habido), and the local company must have workers enrolled on its payroll.
• A certified copy of the validity of the power of attorney (Vigencia de Poder) of the representative of the contracting employer updated and recently issued by the Registry Office must show explicitly that this is a representative of the employer who has signed the employment contract on behalf of the local company, and has the authorization to hire staff.
• The foreign passport of the applicant must have a minimum validity of one year.

Appointed Worker (WD1)

• A foreign citizen who requires this type of visa must sign the Initiation “F-0004” form in the case of a change of status (in-country process), because he or she is in the country.
• At present, the F-0004 is obtained online either for in-country or obtaining of visa proceeding.
• In addition to the requirements within the scope of the letter of appointment to be granted to the appointed worker by the foreign company that will provide services to the local company, a letter that is addressed to the receiving company must state that both wages, as per diem, or any payment to the appointed worker, shall be paid by the foreign company. The age of the individual must also be indicated in this letter.
• A Certificate of Specialization in the work that the appointed worker will perform in the local company in Peru, should be issued by the foreign company or foreign study center, duly legalized by the Peruvian consulate abroad and endorsed by the Peruvian Ministry of Foreign relations or with an apostil abroad, as appropriate.
• A copy of the Registry of Taxpayers (RUC) of the local company employing the foreign national, which is obtained from SUNAT’s websiteusing the key password “clave sol,” must be “Active” (Activo) and “Existing” (Habido), and the local company must have workers enrolled on its payroll.
• A certified copy of the validity of the power of attorney (Vigencia de Poder) of the representative of the local company receiving the services, who has signed the service agreement and the letter of the beneficiary company (local company), should be recently updated and issued by the corresponding Registry Office.
• The applicant’s passport should be valid for at least six months.

The requirements above apply to both types of procedures, either “change of immigration status” or “obtainment of visa,” unless specific reference to only one of them is made.

Other requirements, depending on the type of procedure to be followed, remain mandatory.

In case of an extension or renewal of the permit for an appointed worker (WD1) beyond the additional 90 days initially granted, the INTERPOL International Exchange sheet should be attached to the file and submitted to MIGRACIONES for this purpose, provided that the extension or renewal requested is at least three months.

II. Procedure for Extension of Residence Permit

Resident Worker

Three original recent payslips for the foreign worker must be presented to MIGRACIONES in addition to other documentation, demonstrating continued employment during the last year of stay in the country.

III. Procedure of Extension of Authorization of Permanency:

Temporary Worker/Appointed Worker

The INTERPOL International Exchange Sheet should be presented if the requested extension is at least three months.

This must be presented to MIGRACIONES in addition to other required documents in the case of extension beyond the additional 90 days initially granting authorization to work for a local company under a dependent labor relationship as a subordinated worker (temporary worker), or as a consultant or advisor (appointed worker).

In addition, three original recent payslips of the foreign worker for a temporary worker visas must be filed.

Requirements in immigration proceedings for change of status and obtaining visa for immigrants, investors, among others, have also been amended.

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5. New Publications and Items of Interest

Quarter 2 FY 2013 selected statistics from the Office of Foreign Labor Certification. The federal Department of Labor’s Office of Foreign Labor Certification has posted updated program fact sheets containing the Quarter 2 FY 2013 selected statistics for the permanent labor certification, prevailing wage determination, H-1B temporary visa, H-2A temporary agricultural visa, and H-2B temporary non-agricultural visa programs. FACT SHEETS (under the “Selected Statistics by Program” tab)

Several ABIL members co-authored and edited the Global Business Immigration Practice Guide, 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 issues.

Order HERE. International customers who do not want to order through the bookstore can order through Nicole Hahn at (518) 487-3004 or [email protected].

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 and was a finalist for the International Photography Awards. The writer, Saundra Amrhein, was nominated as a finalist on the short list for the 2011 Santa Fe Writers Project Literary Awards. Green Card Stories is also featured on National Public Radio’s photo blog.

For more information, e-mail Lauren Anderson at [email protected] or see the Green Card Stories website.

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

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6. Member News

The Santa Monica Bar Association (SMBA) Board of Trustees invites all members to meet, have lunch with, and network with fellow members on the first Friday of each month. New for 2013 will be 1.0 hours of MCLE credit offered at each lunch. The May 3, 2013, lunch and MCLE credit topic will be “ABCs of Immigration Law-From Employer I-9 Compliance to Investor Visa E & EB-5 Options for Individuals & International Companies.” Bernard P. Wolfsdorf will present. Attendees must be members of SMBA, and you can join at the event. RSVP is requested as 1.0 hours of MCLE credit is being offered for this event. Reply to: Santa Monica Bar Association Office via telephone, 310-600-7137, or email saying: “YES, Count me in for May 3, 2013” to [email protected].

Steven Clark will address the Boston Bar Association on counseling investors on EB-5 petitions for entrepreneurs on May 6, 2013.

Mark Ivener gave a presentation on an EB-5 panel on April 19, 2013, at the EB-5 Investment Visa Match-Making Forum in the City of Industry, California. Mr. Ivener’s speech was “EB-5 for Investors.”

Klasko, Rulon, Stock & Seltzer, LLP held its Annual Spring Seminar on April 23, 2013, at the Radisson Plaza-Warwick Hotel in Philadelphia, Pennsylvania. Topics included legislation, USCIS policies and practices, CBP programs, J-1 waivers, university/hospital roundtable, corporate roundtable, employment eligibility verification, travel issues, prevailing wage issues, and more. H. Ronald Klasko spoke at the seminar. MORE INFORMATION

Charles Kuck has published a new blog entry. “Three Ways To Get Ready for Immigration Reform”

Angelo Paparelli has published a new blog entry. “The Xenophobes Can’t Kill Immigration Reform – But What Should CIR Supporters Do Now?”

Mr. Paparelli was quoted in Law360 on April 18, 2013, in “Immigration Reform Bill Offers Employers A Mixed Bag.” He said, “I think the fact that the U.S. Chamber [of Commerce] and the AFL-CIO reached a consensus on a lesser-skilled worker visa is wonderful, but the numbers make the program illusory,” and noted that the cap on W visas was too low to fill the positions employers need.

Stephen Yale-Loehr was quoted on CNN.com on April 18, 2013, in “Immigration Reformers Seek To Avoid Déjà Vu.” Among other things, he noted that “[t]he chances of getting something enacted this year are less than 50% because of the short number of legislative days, and the House Republicans may not feel the same sense of urgency to enact immigration reform legislation.“

Mr. Yale-Loehr was quoted on WBEZ in a transcript of a radio interview. He said he thinks the E-2 visa “is a good example of a true entrepreneurial visa. We should try to make it easier for people who want to do that to come to the United States more easily in the future, and to be able to get a permanent green card.”

Mr. Yale-Loehr was quoted by ABC online on April 16, 2013, in “How Unlimited Visas Could Affect Immigration.” He noted that green cards for spouses and children of permanent residents are in demand and backlogged.

Mr. Yale-Loehr moderated a panel discussion with Cornell University President David Skorton, Cornell government professor Michael Jones-Correa, and UCLA law professor Hiroshi Motomura on April 19, 2013. The panelists discussed the prospects for comprehensive immigration reform, focusing on the need to legalize the estimated 11 million undocumented persons in the United States and to increase visas for highly skilled foreign workers. NEWS ARTICLE SUMMARIZING THE PANEL

Mr. Yale-Loehr and Mr. Klasko will speak at an EB-5 immigrant investor conference on May 2, 2013, in Miami, Florida. They are on the same panel addressing how to set up and operate an EB-5 regional center.

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7. 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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Headlines:

1. H-1B Filing for FY 2014 Starts April 1; USCIS Will Begin Premium Processing for H-1B Cap Cases on April 15 – Companies should file H-1B petitions now, and evaluate their anticipated hiring needs for H-1B professionals for the 12-month period beginning on October 1, 2013. USCIS will begin premium processing for H-1B cap cases on April 15.

2. No Wages Due If H-1B Employee Is Voluntarily Nonproductive, ALJ Finds – An arts school did not owe an H-1B nonimmigrant employee back pay for voluntarily nonproductive “work” time.

3. Deferred Enforced Departure Extended for Liberians – USCIS announced that it is automatically extending EADs through September 30, 2013, for Liberian nationals covered under DED. The automatic EAD extension followed President Barack Obama’s decision to extend DED through September 30, 2014.

4. Donald Trump Proposes Granting U.S. Citizenship to President Obama – At a press conference on April 1, 2013, Donald Trump announced that he would be open to the idea of granting U.S. citizenship to President Barack Obama.

5. ABIL Global: Belgium – New sanctions and measures against employers of unauthorized workers have been implemented, as has a new legal framework for enhanced inspection coordination relating to the employment of foreign nationals. Also, the administrative fees for residence permits have increased.

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

7. Member News – Member News

8. Government Agency Links – Government Agency Links

Details:

1. H-1B Filing for FY 2014 Starts April 1; USCIS Will Begin Premium Processing for H-1B Cap Cases on April 15

The Alliance of Business Immigration Lawyers (ABIL) reminds clients that H-1B filing for fiscal year 2014 starts on April 1, 2013. To facilitate the prioritized data entry of cap-subject petitions requesting premium processing, USCIS will begin premium processing for H-1B cap cases on April 15, 2013.

Companies should file H-1B petitions now, and evaluate their anticipated hiring needs for H-1B professionals (specifically, those requiring initial H-1B visas) for the 12-month period beginning on October 1, 2013. That is the date on which new H-1B visas become available under the annual cap. Employers can file H-1B petitions no earlier than six months in advance of the anticipated start date, so April 1, 2013, signals the start of what has become an annual race to get petitions filed as early as possible to ensure acceptance before the cap of 85,000 visas is reached. The 85,000 cap includes the basic cap of 65,000, plus an additional 20,000 H-1B visas available to foreign nationals who have earned an advanced degree (master’s or higher) from a U.S. university.

The H-1B cap for fiscal year 2013 was reached in June 2012. The pace of hiring this year means that the demand for new H-1B workers could result in the new cap being reached in early April. As in past years, some foreign nationals are not subject to the H-1B cap, including individuals who already have been counted toward the cap in a previous year and have not been outside the United States subsequently for one year or more. Also, certain employers, such as universities, government-funded research organizations, and some nonprofit entities are exempt from the H-1B cap. All other employers should be aware of the H-1B cap.

ABIL recommends that clients keep their ABIL attorney apprised of all new hires needing H-1B status before October 1, 2014. Examples would include F-1 students hired with optional practical training that expires before April 1, 2014, or current L-1B nonimmigrants who will have spent five years in that status as of any date before October 1, 2014.

U.S. Citizenship and Immigration Services (USCIS) said it anticipates receiving more petitions than the H-1B cap between April 1 and April 5, 2013. If USCIS receives more petitions than it can accept, it will use a lottery system to randomly select the number of petitions filed during that period to reach the numerical limit. The agency will reject petitions that are subject to the cap but not selected, as well as petitions received after it has the necessary number of petitions needed to meet the cap. The lottery for the H-1B cap was last used in April 2008.

USCIS noted that filers of H-1B cap cases may continue to request premium processing concurrently. Due to “historic” premium processing levels, combined with the possibility that the H-1B cap will be met quickly, USCIS said it has temporarily adjusted its current premium processing practice. As noted above, to facilitate the prioritized data entry of cap-subject petitions requesting premium processing, USCIS will begin premium processing for H-1B cap cases on April 15, 2013, even if they are filed earlier.

USCIS ANNOUNCEMENT

RELATED ANNOUNCEMENT ON PREMIUM PROCESSING FOR H-1B CAP-SUBJECT PETITIONS

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2. No Wages Due If H-1B Employee Is Voluntarily Nonproductive, ALJ Finds

The Department of Labor’s Office of Administrative Law Judges recently found that North Shore School for the Arts (NSSA) did not owe an H-1B nonimmigrant employee back pay for voluntarily nonproductive “work” time. NSSA had employed Natsuko Imai as a piano/music teacher for 20 hours per week at a wage rate of $40 per hour.

Among other things, an NSSA representative stated that Ms. Imai took some students into her own private studio rather than continuing to work with them as NSSA students, which was against NSSA policy. The representative also stated that Ms. Imai was uncooperative in working to get more students. The representative made suggestions for doing so that Ms. Imai rejected. Despite claims to the contrary, Ms. Imai was trying to get into graduate school and spent much of her time practicing piano rather than teaching or performing related outreach duties.

Administrative Law Judge (ALJ) Stephen M. Reilly noted that wages are to be paid for nonproductive time if the employee is “ready, willing, and able” to work and the nonproductive time resulted from a decision of the employer. He found Ms. Imai’s testimony “rife with evasiveness, equivocation and forgetfulness.” He said that her demeanor during testimony “raised questions regarding her truthfulness.” He also found her disregard of the law “troubling” because she admitted to working while on an F-1 student visa and also to working outside NSSA while she was in H-1B status, which are violations. She further admitted that she did not report income for tax purposes. She said she knew these actions were against the law when she did them. ALJ Reilly gave her testimony “little weight” because of these factors and her evasive answers. For example, the ALJ noted that she said that obtaining a doctoral degree was not her plan, but acknowledged that she had applied to doctoral programs and sought and obtained several recommendations for that purpose.

ALJ Reilly also noted that although Ms. Imai spent long hours at the school, her focus was on practicing the piano, not teaching or performing her job duties. He found that Ms. Imai did not make herself available to perform her job duties and thus was not ready, willing, and able to work. The ALJ did not hold the NSSA’s representative blameless either, stating that she was “blinded to reality.” ALJ Reilly found the employer responsible for back pay for work performed (74.5 hours plus interest, for a total of $2,980), but not for the hours in dispute during which Ms. Imai was not performing work.

CASE

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3. Deferred Enforced Departure Extended for Liberians

U.S. Citizenship and Immigration Services (USCIS) recently announced that it is automatically extending employment authorization documents (EADs) through September 30, 2013, for Liberian nationals covered under deferred enforced departure (DED). The automatic EAD extension followed a memorandum announcing President Barack Obama’s decision to extend DED through September 30, 2014, for qualified Liberians and those persons without nationality who last habitually resided in Liberia. USCIS said the six-month extension of existing EADs will permit eligible Liberians to continue working in the United States while they file their applications for new EADs that will cover the full 18 months of the DED extension.

ANNOUNCEMENT

FEDERAL REGISTER NOTICE

PRESIDENTIAL MEMORANDUM

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4. Donald Trump Proposes Granting U.S. Citizenship to President Obama

At a press conference on April 1, 2013, Donald Trump announced that he would be open to the idea of granting U.S. citizenship to President Barack Obama, either as part of comprehensive immigration reform or under a private bill. Mr. Trump explained that his position on this thorny issue has evolved quickly along with the rest of the nation’s. “Listen, I can see the handwriting on the wall as well as the next guy. I think something like nine states have legalized him already, and the Supreme Court is on the verge of allowing it, right?

Mr. Trump added one caveat: “This is if, and only if, he agrees to wait in line like everyone else.” The real estate mogul and reality TV star then whipped out an application that he had smuggled in under his puffy, generous mane. The journalists snapped photos while his personal assistant, formerly a groomer for the famous race horse Secretariat, patted it back down.

He also added that he would ” personally finance late-night snacks for congressional staff while they hammer out the details, the application fees for the President, his shoe-shine for the ceremony, a high-end suit, a photographer, whatever he needs. That way, he’ll finally be legalized and regularized in style, and I will personally be at the ceremony to congratulate him.”

When a journalist expressed surprise at Mr. Trump’s change of heart and reminded him that President Obama already has citizenship, Mr. Trump said, “Well, maybe he does according to whatever they call it in Kenya, but this makes it legal here in the United States. I think even the Pope would approve. In fact, I had lunch with him last week when I was in Italy visiting some properties I own over there, and he said he might be okay with a civil ceremony even if it doesn’t get the full stamp of approval from the Vatican. He’s a nice man, very humble.”

Mr. Trump also proposed hosting a “national conversation” on this issue for the last 10 minutes of each episode of “Celebrity Apprentice.” Almost as an afterthought, he added, “Happy April Fool’s Day!”

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5. ABIL Global: Belgium

New sanctions and measures against employers of unauthorized workers have been implemented, as has a new legal framework for enhanced inspection coordination relating to the employment of foreign nationals. Also, the administrative fees for residence permits have increased.

New Sanctions/Measures

The Belgian Act, dated February 11, 2013, provides for sanctions and measures against employers of third-country nationals without authorization. The law implements European Directive 2009/52.

Under the new rules, in addition to already existing sanctions, an employer who employs third-country nationals staying in Belgium without authorization can be sanctioned financially (for example, back payment of remunerations, taxes, and social security contributions).

A potential employer of a third-country national also is subject to a threefold “information obligation.” The employer must: (1) verify before the start of employment whether the third-country national holds a valid residence permit or other authorization of stay; (2) keep available for inspection a copy or record of the residence permit or other authorization to stay; and (3) notify the authorities of the start and termination of employment under the applicable rules. Infringement of these rules, including document fraud of which the employer was aware, is considered a serious infringement under the Code on Labor and Social Security Criminal Law.

The Belgian Act also provides sanctions and, to some extent, potential liability with regard to a portion of wages for parties who work, directly or indirectly, as a contractor or subcontractor, with employers of unauthorized third-country nationals.

These new provisions took effect March 4, 2013.

Legal Framework for Enhanced Inspection Coordination

Inspections for compliance relating to the employment of foreign nationals in Belgium is a responsibility at both the federal and regional levels (Brussels, Flanders, and Walloon Regions, and the German-speaking community).

On June 11, 2011, the Belgian federal authorities entered into a cooperation agreement with these regional authorities. The agreement will enhance inspections related to the employment of foreign nationals in Belgium by coordinating inspections and facilitating the exchange of information between the inspection services.

The Belgian federal authorities have approved the cooperation agreement by an Act dated March 1, 2013, which took effect March 31, 2013.

Increase in Administrative Fees for Residence Permits

Belgian residence permits are electronic identification cards, issued by the municipal authorities but produced by an external company. The Belgian Ministry of Interior Affairs recently decided to slightly increase (from 3 to 5 EUR) the fees that are charged to municipalities for these electronic ID cards. The overall fees charged to applicants also will increase.

A Royal Decree dated March 15, 2013, that took effect on April 1 determines the new fees chargeable to the municipal authorities:

• The fee for “regular” processing (3 to 5 weeks) of an electronic residence permit is now 15 EUR;
• If transport of the permits is handled exclusively by an external company, the fees for “very urgent” processing (2 working days) and “urgent” processing (3 working days) are 180 and 116 EUR, respectively. If the municipality is also involved in the transport of the permits, these fees may be 86 or 57 EUR, respectively.

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6. New Publications and Items of Interest

2012 statistics on U.S. legal permanent residents. The Department of Homeland Security has released “U.S. Legal Permanent Residents: 2012.” The report notes that in 2012, a total of 1,031,631 persons became legal permanent residents (LPRs) of the United States. The majority (53 percent) already lived in the country when they were granted lawful permanent resident status. Nearly 66 percent received it based on a family relationship with a U.S. citizen or LPR. The leading countries of birth of new LPRs were Mexico (14 percent), China (7.9 percent), and India (6.4 percent). REPORT

Report on guestworker programs. Southern Poverty Law Center (SPLC) has published “Close to Slavery: Guestworker Programs in the United States.” The report finds that the current H-2 program for temporary farmworkers and non-farm laborers is “rife with labor and human rights violations” and “harms the interests of U.S. workers.” The report notes that employers brought about 106,000 guestworkers into the United States in 2011, including approximately 55,000 for agricultural work and another 51,000 for jobs in forestry, seafood processing, landscaping, construction, and other non-agricultural industries. Among other things, the report charges that guestworkers are routinely cheated out of wages, held virtually captive, subjected to human trafficking and debt servitude, forced to live in squalid conditions, and denied medical benefits for on-the-job injuries. SPLC recommends an overhaul of the program if it is continued, and says that it should not be expanded or used as a model for immigration reform. REPORT

Several ABIL members co-authored and edited the Global Business Immigration Practice Guide, 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 issues.

Order HERE. International customers who do not want to order through the bookstore can order through Nicole Hahn at (518) 487-3004 or [email protected].

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 and was a finalist for the International Photography Awards. The writer, Saundra Amrhein, was nominated as a finalist on the short list for the 2011 Santa Fe Writers Project Literary Awards. Green Card Stories is also featured on National Public Radio’s photo blog.

For more information, e-mail Lauren Anderson at [email protected] or see the Green Card Stories website.

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

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7. Member News

Several ABIL members and firms were listed in Chambers Global 2013:

FosterQuan, LLP (Robert Loughran)
Ivener & Fullmer LLP (Mark Ivener)
Klasko Rulon Stock & Seltzer (H. Ronald Klasko)
Pearl Law Group (Julie Pearl)
Seyfarth Shaw LLP (Angelo Paparelli)
Wolfsdorf Immigration Law Group (Bernard Wolfsdorf)

Other Notable Practitioners:
Francis Chin
Charles Kuck
Cyrus Mehta
Stephen Yale-Loehr

Klasko, Rulon, Stock & Seltzer, LLP will hold its Annual Spring Seminar on April 23, 2013, at the Radisson Plaza-Warwick Hotel in Philadelphia, Pennsylvania. Topics will include legislation, USCIS policies and practices, CBP programs, J-1 waivers, university/hospital roundtable, corporate roundtable, employment eligibility verification, travel issues, prevailing wage issues, and more. Mr. Klasko will be speaking. FOR MORE INFORMATION OR TO REGISTER

Charles Kuck has published a new blog entry. “USCIS and Why You Need an Immigration Attorney”

Robert Loughran organized and moderated a full-day EB-5 Immigrant Investor Summit for Attorneys and Developers in Dallas, Texas, on March 15, 2013. The event was sponsored by ILW. Mr. Loughran independently presented on “source of funds issues” in Form I-526, Immigrant Petition by Alien Entrepreneur.

Angelo Paparelli has published several new blog entries. “Rethinking Immigration: If America Will Welcome More Entrepreneurs, Why Not More Creatives?” “Will the New Labor-Business Accord Produce an Immigration Death Panel?”

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8. 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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