Headlines:

1. USCIS Implements H-1B, L-1 Fee Increases – Effective immediately, the provisions require an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after August 14, 2010.

2. CBP Clarifies TN Extensions of Stay While Immigrant Petition Is Pending/Approved – U.S. Customs and Border Protection has clarified that certain Trade NAFTA (TN) applicants may be admitted and extend their stay while an immigrant petition is pending or approved.

3. Smartsoft Agrees To Pay Nearly $1 Million in Back Wages, Interest – Smartsoft agreed to pay 135 nonimmigrant workers after the Wage and Hour Division determined that the company violated the H-1B program’s rules.

4. State Dept. Introduces ESTA Fee for Visa Waiver Travelers – The total fee will be $14, with $4 to recover the cost of administering the Electronic System for Travel Authorization and $10 as mandated in the Travel Promotion Act of 2009.

5. DHS Expands List of Dependents of Foreign Officials Eligible for Work Authorization – The final rule expands the list of dependents eligible for employment authorization to include any individual who falls within a category designated by the Department of State as qualifying.

6. ABIL Global: UK Government Introduces Limits on Skilled Immigration – The new Coalition Government’s main immigration policy will mark the first-ever numerical limits on employment-related migration, which historically has been market-driven.

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

8. Recent News from ABIL Members – Recent News from ABIL Members

9. Government Agency Links – Government Agency Links

Details:

1. USCIS Implements H-1B, L-1 Fee Increases

On August 13, 2010, President Barack Obama signed into law provisions to increase certain H-1B and L-1 petition fees. Effective immediately, the provisions require an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after August 14, 2010. The increases will remain in effect through September 30, 2014.

The additional fees apply to petitioners who employ 50 or more employees in the U.S. with more than 50 percent of their employees in the U.S. in H-1B or L (including L-1A, L-1B and L-2) nonimmigrant status. Petitioners meeting these criteria must submit the fee with an H-1B or L-1 petition filed:

• initially to grant a worker nonimmigrant status described in subparagraph (H)(i)(b) or (L) of section 101(a)(15), or
• to obtain authorization for a worker having such status to change employers.

USCIS is revising the Petition for a Nonimmigrant Worker (Form I-129) and instructions to comply with the new law (Public Law 111-230). To facilitate implementation, USCIS recommends that all H-1B, L-1A, and L-1B petitioners, as part of the filing packet, include the new fee or a statement of other evidence outlining why the new fee does not apply. USCIS requests that petitioners state whether the fee is required in bold capital letters at the top of the cover letter. If USCIS does not receive such explanation and/or documentation with the initial filing, it may issue a Request for Evidence (RFE) to determine whether the petition is covered by the law. An RFE may be required even if such evidence is submitted, if questions remain.

The additional fee, if applicable, is in addition to the base processing fee, the existing Fraud Prevention and Detection Fee, and any applicable American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee, needed to file a petition for a Nonimmigrant Worker (Form I-129), as well as any premium processing fees, if applicable.

USCIS’s announcement is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=27eac9514bb8a210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD.

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2. CBP Clarifies TN Extensions of Stay While Immigrant Petition Is Pending/Approved

A 2008 letter just recently released from U.S. Customs and Border Protection has clarified that Trade NAFTA (TN) applicants may be admitted and extend their stay while an immigrant petition is pending or approved, provided that they have not filed for adjustment or an immigrant visa – i.e., had an immigrant visa interview – and do not intend to immigrate on this specific visit. Once a TN files an application for an immigrant visa or adjustment of status, the letter notes, the TN would no longer be eligible for admission or an extension of stay as a TN nonimmigrant.

This is consistent with a practice that has not always been followed. A 1996 letter sent by a legacy Immigration and Naturalization Service official stated that the fact that an TN applicant is the beneficiary of an approved I-140 petition is not by itself a reason to deny an application for adjustment, extension, or readmission, if the individual’s intent is to remain in the U.S. temporarily. Some CBP officers, however have not always followed that advice.

The recently released CBP letter was sent on April 21, 2008, from Paul M. Morris, Executive Director, CBP Admissibility and Passenger Programs, to Charles D. Herrington, Senior Assistant General Counsel, Micron Technology, Inc. The letter states that “the mere filing or approval of an immigrant petition does not automatically constitute intent on the part of the beneficiary to abandon his or her foreign residence. This would hold for a TN principal who may be riding on a spouse’s immigrant petition.”

The 2008 CBP letter is available at https://www.abil.com/articles/ABIL%20Report%20-%20TN.pdf.

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3. Smartsoft Agrees To Pay Nearly $1 Million in Back Wages, Interest

Smartsoft International Inc., a computer consulting company based in Suwanee, Georgia, has agreed to pay nearly $1 million in back wages and interest to 135 nonimmigrant workers temporarily employed by the company under the H-1B visa program, the Department of Labor (DOL) announced on August 17, 2010. The agency’s Office of the Solicitor reached the agreement following a determination by the Wage and Hour Division that the company violated the H-1B program’s rules. Smartsoft also has U.S. offices in Sunnyvale, California, and North Brunswick, New Jersey.

A Wage and Hour Division investigator determined that some employees were not paid any wages at the beginning of their employment, were paid on a part-time basis despite being hired under a full-time employment agreement, and were paid less than the prevailing wage applicable to the geographic locations where they performed their work.

The company contested the Wage and Hour Division’s conclusions and requested a formal hearing with the DOL’s Office of Administrative Law Judges. As part of the agreement, the company will drop any further challenges.

The DOL’s announcement is available at http://www.dol.gov/opa/media/press/whd/whd20101111.htm.

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4. State Dept. Introduces ESTA Fee for Visa Waiver Travelers

The Department of State released a cable to the field in August 2010 that provides information on implementation of the Travel Promotion Act of 2009 (TPA), signed into law on March 4, 2010, and fee collection for the Electronic System for Travel Authorization (ESTA). Under the TPA, fees collected from international travelers from Visa Waiver Program (VWP) countries, matched by private sector contributions, will fund the Corporation for Travel Promotion. The fees will be collected through the ESTA system, which the Department of Homeland Security (DHS) administers.

On August 6, 2010, the DHS announced an interim final rule that requires travelers from VWP countries to pay operational and travel promotion fees when applying for ESTA beginning September 8, 2010. The total fee will be $14, with $4 to recover the cost of administering the ESTA system and $10 as mandated in the TPA.

The announcement, which provides additional details, is available at http://travel.state.gov/pdf/Introduction%20of%20the%20ESTA%20fee%20for%20Visa%20Waiver%20Travelers%20-%20August2010.pdf.

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5. DHS Expands List of Dependents of Foreign Officials Eligible for Work Authorization

The Department of Homeland Security (DHS) published a final rule on August 10, 2010, amending its regulations governing the employment authorization for dependents of foreign officials classified as A-1, A-2, G-1, G-3, and G-4 nonimmigrants. The rule, effective August 9, 2010, expands the list of dependents eligible for employment authorization to include any individual who falls within a category designated by the Department of State (DOS) as qualifying.

U.S. Citizenship and Immigration Services (USCIS) will only issue employment authorization documents to those dependents of foreign officials who are recognized by DOS as qualifying. Qualifying dependents must fall within a bilateral work agreement or de facto arrangement, listed on DOS’s Web site at http://www.state.gov/m/dghr/flo/c24338.htm.

To apply for employment authorization documents, eligible dependents first must obtain an endorsement from DOS on an Interagency Record of Request, Form I-566. The individual must then file the I-566 along with an Application for Employment Authorization, Form I-765, with USCIS.

The announcement is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e9867236f9c5a210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD.

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6. ABIL Global: UK Government Introduces Limits on Skilled Immigration

The United Kingdom (UK) announced on June 28, 2010, that it will introduce limits on the numbers of non-European Union (EU) migrants coming to the UK under both the highly skilled and the sponsored routes of the Points Based System (PBS). The new Coalition Government’s main immigration policy will mark the first-ever numerical limits on employment-related migration, which historically has been market-driven. The limits are a response to the levels of net migration to the UK, which have increased significantly since 2004 with the enlargement of the EU.

On July 19, 2010, the Government also introduced an interim limit, in effect until April 2011, aimed at reducing the number of certificates of sponsorship that each employer may assign to migrant workers under Tier 2 (General) and reducing the number of visas issued under the Tier 1 highly skilled category. Many employers, who had been allocated these certificates when they registered as licensed sponsors under the scheme, have had their allocation reduced significantly (in some cases to zero) and must now make requests for additional allocations of certificates, which the UK Border Agency states will be approved only “in exceptional circumstances.”

The interim cap is already the subject of a legal challenge. With those extending their status in the UK given priority within the limits, employers who have paid to be licensed sponsors and have taken on significant compliance duties are now left with uncertainty about whether they can sponsor new hires from outside the EU.

Permanent limits will be introduced in April 2011. The UK government is undertaking a consultation process on how the limits should be imposed and, in particular, whether this should be on a first-come, first-served basis and whether intracompany transferees and family members should be included in the overall limit. For the points-based highly skilled route, a system of pooling, under which the highest-scoring applicants are picked from the pool each month, is also being considered.

There are significant concerns among major UK business groups and companies that the limits will damage the UK’s reputation as a place to do business and its competitiveness in the global economy.

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7. New Publications and Items of Interest

2009 Yearbook of Immigration Statistics. This compendium of tables published by the Department of Homeland Security’s Office of Immigration Statistics provides data on foreign nationals who, during fiscal year 2009, were granted lawful permanent residence, were admitted into the United States on a temporary basis, applied for asylum or refugee status, or were naturalized. Also included are data on enforcement actions. The Yearbook is available at http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2009/ois_yb_2009.pdf. A report on enforcement actions in 2009 is available at http://www.dhs.gov/xlibrary/assets/statistics/publications/enforcement_ar_2009.pdf.
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8. Recent News from ABIL Members

Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm) was quoted in the Chicago Sun-Times (August 22, 2010) regarding asylum cases denied if applicants unwillingly aided terrorist organizations, even if under threat of death: “Unfortunately, the federal government has a very broad definition of material support. Even giving a cup of water or bowl of rice under duress can be deemed to be material support.” Mr. Yale-Loehr noted that it is common for the government to appeal such cases when the victim wins at the immigration judge level. “They’ll tell you it’s on a case-by-case basis but…the government does appeal too often,” he said. “If someone is successful at the immigration judge level, it’s well-deserved.” Mr. Yale-Loehr was also quoted in a related editorial published on the same day in the Chicago Sun-Times.

Articles on a variety of business immigration law topics by Alliance of Business Immigration Lawyers (ABIL) members are available on ABIL’s Web site at https://www.abil.com/newsletters_articles.cfm.

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9. 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: https://egov.uscis.gov/cris/processTimesDisplay.do

Department of Labor processing times and information on backlogs: http://www.foreignlaborcert.doleta.gov/times.cfm

Department of State Visa Bulletin: http://travel.state.gov/visa/bulletin/bulletin_1360.html

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Headlines:

1. ICE I-9 Final Rule Allows for Electronic Signatures, Scanning, Storage – Employers and recruiters or referrers for a fee who are required to complete and retain the Employment Eligibility Verification Form may now sign the form electronically and retain it in an electronic format.

2. USCIS Clarifies ‘O’ Validity Period When Gap Exists in Itinerary, Promises 2-Week Turnaround for O and P Visas – The memo notes that there is no statutory or regulatory authority for the proposition that a gap of a certain number of days in an itinerary automatically indicates a new event; USCIS dramatically lowered the expected turnaround time for O and P visas.

3. Preliminary Injunction Blocks Key Provisions of Arizona Immigration Statute – A key portion of the new statute may conflict with a Supreme Court ruling that states cannot create their own immigration systems, a federal judge states; the New York City Bar calls the statute unconstitutional.

4. USCIS Extends Initial Registration Period for Haitian TPS – The new notice extends the TPS registration period through January 18, 2011.

5. American Immigration Lawyers Association Sues DHS, USCIS Over H-1B Transparency – The FOIA litigation centers on the government’s H-1B visa review and processing procedures.

6. USCIS Proposes New Standardized Fee Waiver Form – USCIS has proposed for the first time a standardized fee waiver form, and seeks public comments.

7. ABIL Global: Temporary Business Visas in Peru – This type of visa and migratory status allows a foreign citizen to carry out activities in Peru common to a businessperson, not a worker.

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

9. Recent News From ABIL Members – Recent News From ABIL Members

10. Government Agency Links – Government Agency Links

Details:

1. ICE I-9 Final Rule Allows for Electronic Signatures, Scanning, Storage

U.S. Immigration and Customs Enforcement (ICE) has issued a final rule, effective August 23, 2010, providing that employers and recruiters or referrers for a fee who are required to complete and retain the Employment Eligibility Verification Form (I-9) may sign the form electronically and retain it in an electronic format. The final rule makes minor changes to an interim final rule promulgated in 2006.

The final rule’s supplementary information notes that the completed I-9 form is not filed with the Department of Homeland Security (DHS) but is retained by the employer, who must make it available for inspection upon a request by ICE investigators or other authorized federal officials. Employers must keep the I-9 in their own files for three years after the date of hire of the employee or one year after the date that employment is terminated, whichever is later. Recruiters or referrers for a fee must keep each I-9 for three years after the date of hire. Failure to properly complete and retain each I-9 may subject the employer or recruiter or referrer for a fee to civil money penalties.

Among other things, the final rule clarifies that:

• Employers must complete the I-9 within three business (not calendar) days;
• Employers may use paper, electronic systems, or a combination of paper and electronic systems;
• Employers may change electronic storage systems as long as the systems meet the performance requirements of the regulations;
• Employers need not retain audit trails recording each time an I-9 is electronically viewed, but only when the I-9 is created, completed, updated, modified, altered, or corrected; and
• Employers may provide or transmit a confirmation of an I-9 transaction, but are not required to do so unless the employee requests a copy.

The final rule, which includes “performance standards” for electronic filing processes and systems, is available at http://edocket.access.gpo.gov/2010/pdf/2010-17806.pdf.

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2. USCIS Clarifies ‘O’ Validity Period When Gap Exists in Itinerary, Promises 2-Week Turnaround for O and P Visas

There have been several recent developments with respect to O and P visas:

On July 20, 2010, U.S. Citizenship and Immigration Services (USCIS) issued clarifying guidance on the “O” nonimmigrant visa petition with regard to determining the appropriate validity period of an approvable petition when a gap exists between two or more events reflected in the itinerary.

The memo explains that the validity dates for the O-1 visa classification are defined by the specific period of time required to perform or participate in a specific event. When reviewing an O-1 petition, the length of time between the scheduled events, also known as a gap, has sometimes been viewed as a gauge to determine whether an itinerary represented one continuous “event” or separate events requiring separate petitions.

In certain cases where there has been a significant gap between events, adjudicators have sometimes concluded that a single petition was filed for separate events rather than a continuous event. In such cases, the petition may have been approved only for a validity period equal to the length of time needed to accomplish what appeared to be the initial specific event rather than the continuous event as represented by the petition.

The memo notes that there is no statutory or regulatory authority for the proposition that a gap of a certain number of days in an itinerary automatically indicates a new event. “The regulations speak in terms of tours and multiple appearances as meeting the ‘event’ definition.” The statutory and regulatory background provides flexibility on the length of validity period that may be granted, the memo states:

“The statute and regulations allow for an approval of an O-1 petition for a period necessary to accomplish the event or activity, not to exceed 3 years. Adjudicators should evaluate the totality of the evidence submitted to determine if the activities described in the itinerary are related in such a way that they would be considered an ‘event’ for purposes of the validity period. When the validity period requested is established though the submission of appropriate evidence, Service Centers should approve a petition for the length of the validity period requested where the law and regulations permit.”

The memo is available at http://www.uscis.gov/USCIS/Laws/Memoranda/2010/July/guidance-O-petition-gap_memo-07-20-10.pdf.

In other news, USCIS promised during a public meeting with stakeholders on July 20, 2010, that processing times for regularly filed O and P visas for performers and athletes will not exceed 14 days. In some previous cases, adjudications reportedly have taken up to four months, and delays have led to last-minute scrambles and missed performances. Although arts groups say more needs to be done, many were hopeful about this recent development. The Performing Arts Alliance said it was “extremely pleased with this week’s breakthrough.”

For more, see http://www.nytimes.com/2010/07/23/arts/music/23visa.html and http://www.tcg.org/advocacy/alert.cfm.

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3. Preliminary Injunction Blocks Key Provisions of Arizona Immigration Statute

Following the Department of Justice’s challenge to Arizona’s recently passed immigration law, S.B. 1070, U.S. District Judge Susan Bolton of Phoenix, Arizona, issued a preliminary injunction against key provisions of the new statute. While not striking down the entire law, she blocked the provisions (1) requiring that an officer attempt to determine the immigration status of a person stopped, detained, or arrested if there is a “reasonable suspicion” that the person is unlawfully present, and requiring verification of the immigration status of any person arrested before release; (2) creating a crime for the failure to apply for or carry alien registration papers; (3) creating a crime for an unauthorized alien to solicit, apply for, or perform work; and (4) authorizing the warrantless arrest of a person where there is probable cause to believe the person has committed a public offense that makes him or her removable from the U.S.

Meanwhile, the New York City Bar Association issued a report concluding that the new law is unconstitutional under the Supremacy Clause and the First, Fourth, and Fourteenth Amendments.

The NYC Bar report notes that 10 states are currently contemplating similar legislation, including Utah, Georgia, Colorado, Maryland, Ohio, North Carolina, Texas, Missouri, Oklahoma, and Nebraska. The NYC Bar said that the substantive content of these state statutes, as manifested by S.B. 1070, “promotes racial profiling while infringing upon the exclusive role of the federal government to regulate immigration.” The NYC Bar noted that the Arizona statute “adopts a adopts a parallel immigration enforcement program to the one maintained by the federal government through the pretext of conflating civil and criminal provisions of the Immigration and Nationality Act.” At the same time, the NYC Bar said, “the statute fails on due process and Fourth Amendment grounds, in that it offers insufficient guidance to officials administering it as to when ‘reasonable suspicions’ of unlawful presence exist, and will target the foreign-born.”

The report urged states to resist emulating Arizona’s statute, and noted that “[f]ailure to enact comprehensive immigration reform is providing the fuel for states to overreach in this area of exclusive federal regulation.”

The preliminary injunction is available at http://images.bimedia.net/documents/SB1070-order.pdf. A report on Judge Bolton’s opinion is available at http://www.latimes.com/news/nationworld/nation/la-na-arizona-immigration-20100723,0,3498774.story. The New York City Bar report is available at http://www.nycbar.org/pdf/report/uploads/20071951-ReportonArizonaImmigrationLawSB1070.pdf. The Justice Department’s announcement is available at http://www.justice.gov/opa/pr/2010/July/10-opa-776.html. Links to the complaint filed and other case documents are provided at the bottom of that page.

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4. USCIS Extends Initial Registration Period for Haitian TPS

On January 21, 2010, the Department of Homeland Security (DHS) designated Haiti under the temporary protected status (TPS) program for a period of 18 months. DHS initially established a 180-day registration period from January 21, 2010, through July 20, 2010. A new notice extends the TPS registration period through January 18, 2011.

The notice is available at http://edocket.access.gpo.gov/2010/pdf/2010-17116.pdf.

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5. American Immigration Lawyers Association Sues DHS, USCIS Over H-1B Transparency

The American Immigration Council’s Legal Action Center (LAC) filed a lawsuit on July 20, 2010, against the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) on behalf of the American Immigration Lawyers Association (AILA), seeking the public release of records on agency policies and procedures for the H-1B visa program.

AILA had pursued disclosure of the documents through two Freedom of Information Act (FOIA) requests, both of which were denied. In its complaint filed in the U.S. District Court for the District of Columbia, AILA seeks the court’s intervention to compel the government to release the requested records.

The FOIA litigation centers on the government’s H-1B visa review and processing procedures. The H-1B program, administered by USCIS, allows U.S. businesses to temporarily employ foreign workers, such as scientists, engineers, and computer programmers, in occupations that require theoretical or technical expertise in specialized fields. Since 2008, the LAC noted, USCIS has implemented new, more stringent procedures for review and processing and has dramatically increased the frequency of unannounced H-1B worksite inspections, which are expected to reach 25,000 in 2010. Yet “USCIS has kept secret the rules and guidelines related to the review process,” the LAC said. “The dearth of publicly available information on the government’s heightened scrutiny of H-1B applications makes it particularly difficult for businesses to anticipate and meet agency expectations during the application process.”

“It is in the public and the agency’s interest to release the documents sought by AILA,” said Mary Kenney, an attorney at the American Immigration Council’s Legal Action Center. “The documents will help employers and foreign workers who seek immigration benefits comply with the law. Further, the agency violated FOIA when it issued wholesale denials of AILA’s FOIA requests.” AILA is also represented in the litigation by Steptoe & Johnson LLP.

The announcement is available at http://www.aila.org/content/default.aspx?docid=32657.

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6. USCIS Proposes New Standardized Fee Waiver Form

U.S. Citizenship and Immigration Services (USCIS) has proposed for the first time a standardized fee waiver form. USCIS seeks public comments on the proposed new Form I-912, Request for Individual Fee Waiver.

Details and instructions for responding to the request for comments are available at http://edocket.access.gpo.gov/2010/pdf/2010-17114.pdf. The proposed form is available at http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480b1a9c1. More information is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0fb5ac6b49cd9210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD. A related fact sheet is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2e15ac6b49cd9210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD.

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7. ABIL Global: Temporary Business Visas in Peru

To visit Peru to carry out business activities, some aspects of the consular temporary business visa must be taken into account. The temporary business visa enables foreign citizens to perform activities typical of a businessperson in Peru.

The Peruvian “Aliens Law” defines “Business” migratory status as:

Business: Those who come to the country with no intention to reside and in order to perform business, legal or similar arrangements. They are permitted to sign contracts or settlements. They cannot perform remunerated or profit-making activities or earn any income from a Peruvian source, except for fees as directors of companies domiciled in Peru or fees as lecturers or international consultants by virtue of a service agreement. Such service agreement shall not exceed thirty (30) consecutive or accumulated calendar days, within a period of twelve (12) months. [Paragraph (k), section 11, Legislative Decree No. 703 modified by Legislative Decree No. 1043, Aliens Law]

The maximum period of authorized stay for a consular temporary business visa is 183 calendar days, non-extendable internally in Peru.

The consular temporary business visa must be obtained in a Peruvian consulate abroad, complying with the requirements established by the pertinent consulate; i.e., the consulate where the foreign citizen resides or, in absence of a consulate in the city of residence, one nearby.

This type of visa and migratory status allows a foreign citizen to carry out activities in Peru common to a businessperson, not a worker. A temporary business visa does not authorize rendering subordinate services as an employee (worker) of a local company or as an appointed worker of a company abroad.

Permitted activities with a business visa include:

• Performing business arrangements
• Performing legal or similar arrangements
• Attending business meetings or discussions with Peruvian affiliates or related companies
• Attending sales calls to potential Peruvian clients, provided the alien represents a commercial entity outside Peru
• Observing operations of a Peruvian affiliate or client
• Attending “fact-finding” meetings with a Peruvian affiliate or clients
• Attending seminars
• Signing documents, contracts, or settlements
• Acting as an international lecturer or consultant
• Acting as a director of a company domiciled in Peru
• Collecting data or information regarding investments and similar activities
• Supervising business or investments

A business visa does not allow the holder to perform labor activities in Peru or to earn income from a Peruvian source. Training or acting in an advisory capacity does not qualify as a business, legal, or similar arrangement.

In sum, if any foreign company is considering sending some of its employees to carry out business activities in Peru as businesspersons, they must enter Peru on a consular temporary business visa according to Peru’s Aliens Law.

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8. New Publications and Items of Interest

Federal Register changes. The Office of the Federal Register (OFR) and the Government Printing Office (GPO) are moving the Federal Register home page and the Public Inspection Desk to http://www.OFR.gov. Please reset your bookmarks before July 26, 2010. The OFR said this change is necessary to make way for a new edition of the daily Federal Register, an unofficial “Web 2.0” prototype, which will be hosted on http://FederalRegister.gov.

The Federal Register home page on http://www.OFR.gov will continue to feature the electronic Public Inspection Desk (http://www.ofr.gov/inspection.aspx), the Privacy Act Issuances for 2007 and 2009 (http://www.ofr.gov/Privacy/AGENCIES.aspx), and the OFR Catalog, which links to all Federal Register publications and services.

As of July 26, 2010, the FederalRegister.gov Web site displays an XML prototype of the daily Federal Register. It is not an official legal edition of the Federal Register, the OFR said, and does not replace the official (print or electronic) version on GPO’s Federal Digital System (http://www.FDsys.gov). OFR and GPO are posting the unofficial XML prototype of the Federal Register to gather public feedback, with the aim of granting it official status in the future. It will remain an unofficial informational resource until the Administrative Committee of the Federal Register issues a regulation granting it official legal status.

A related news report is available at http://www.federalnewsradio.com/?nid=35&sid=2004175.

SEVIS quarterly update. The Student and Exchange Visitor Information System (SEVIS) has released a general summary quarterly review. The report notes that since the program’s inception, the total volume of data in SEVIS continues to grow. On June 30, 2010, SEVIS contained records for 1,084,122 active nonimmigrant students, exchange visitors, and their dependents. The total number of records for all F-1, M-1, and J-1 visa holders has increased to approximately 7.6million.

The report is available at http://www.ice.gov/doclib/sevis/pdf/quarterly_report_ending_june2010.pdf.

Visa number allotments and the cut-off date process. The Department of State’s Visa Office has released “The Operation of the Immigrant Numerical Control System,” which explains how immigrant visas subject to numerical limitations are allotted and the determination of cut-off dates for the Visa Bulletin. The document, which also clarifies some frequently misunderstood points, is available at http://travel.state.gov/visa/bulletin/bulletin_1360.html.

Immigration statistics Web redesign. The Department of Homeland Security’s Office of Immigration Statistics (OIS) has recently restructured its Web site. After reviewing user feedback, OIS implemented a new design that organizes reports and data by subject area, as opposed to product type, and that is intended to allow users more efficient access to immigration reports and data. The new site is available at http://www.dhs.gov/files/statistics/immigration.shtm.

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9. Recent News From ABIL Members

Steve Garfinkel (bio: https://www.abil.com/lawyers/lawyers-garfinkel.cfm) spoke at the Charlotte Area Society for Human Resource Management (Charlotte SHRM) on July 12, 2010. He presented an Immigration Update session at the SHRM Midyear Legal Update.

Mr. Garfinkel also served as a panelist on July 23, 2010, at the fifth annual Schloss Summer Lecture, “The Great Immigration Debate: Strangers Among Us.”

Steve Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm) was quoted in the Wall Street Journal in the July 29, 2010, edition in an article about the injunction blocking key provisions of Arizona’s new immigration statute, Mr. Yale-Loehr cautioned against jumping to conclusions. “[The judge] only ruled for the government as a preliminary matter,” he said. “Her final ruling may differ. And higher courts could overturn today’s decision.” The article appears at http://online.wsj.com/article/SB10001424052748703940904575395314079925720.html.

Mr. Yale-Loehr also was quoted in a Wall Street Journal article on July 15, 2010. The article concerns issues brought on by the Department of Homeland Security’s recent crackdown on the hiring of undocumented immigrants. Mr. Yale-Loehr said, “The message is: Employers beware. You need to worry just as much about asking for too many immigration documents as you do about not asking for enough.” The article can be found at: http://online.wsj.com/article/SB10001424052748703283004575363303262763196.html?KEYWORDS=yale-loehr.

Mr. Yale-Loehr also contributed essays to a New York Times forum on the Arizona immigration law. See http://www.nytimes.com/roomfordebate/2010/07/28/whats-next-on-arizonas-immigration-law?hp.

Steve Trow (bio: https://www.abil.com/lawyers/lawyers-trow.cfm) recently commented on Arizona’s new law also: “Congress dropped the ball on immigration reform, but that doesn’t give Arizona the right to run onto the field and pick it up. DOJ needs to get Arizona off the field, then Congress needs to fix our broken immigration system.” See http://www.bisnow.com/washington_dc_legal_news_story.php?p=9529.

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10. Government Agency Links

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

USCIS Service Center processing times online: https://egov.uscis.gov/cris/processTimesDisplay.do

Department of Labor processing times and information on backlogs: http://www.foreignlaborcert.doleta.gov/times.cfm

Department of State Visa Bulletin: http://travel.state.gov/visa/bulletin/bulletin_1360.html

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Headlines:

1. Department of State Publishes Consular Fee Interim Rule, Reopens Comment Period – The Department received 1,797 comments in response to the proposed rule and has reopened the comment period for an additional 60 days, until August 27, 2010.

2. USCIS Issues Guidance to Employers on Documentation of Work Authorization for TPS Beneficiaries – The guidance notes, among other things, that if an employee presents a TPS-related EAD that is expired for completion of the I-9 verification process, the employer must accept it if it remains unexpired based on an auto-extension of the EAD by DHS.

3. Secretary of Labor Announces $78.4 Million for Farmworker Jobs Program – The program provides training and employment services to migrant and seasonal farmworkers.

4. U.S. Embassies, Consulates in China Temporarily Open on Saturdays – Growth in 2010 has been dramatic, with China’s 2010 visa load up 28 percent over the same period last year.

5. iCERT Glitches: DOL Responds – Until the problems are resolved, the Department of Labor advises anyone needing a PDF of an LCA that they cannot access to e-mail the LCA Help Desk.

6. ABIL Global: Update from Australia – Australia’s new Prime Minister, Julia Gillard, has signaled a major shift in immigration policy by declaring that she does not believe in a “big Australia.”

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

8. Recent News From ABIL Members – Recent News From ABIL Members

9. Government Agency Links – Government Agency Links

Details:

1. Department of State Publishes Consular Fee Interim Rule, Reopens Comment Period

In response to a previously published proposed rule and related supplementary notice, the Department of State received 1,797 comments and has reopened the comment period for an additional 60 days, until August 27, 2010. The interim final rule takes effect on July 13, 2010. Nonimmigrant visa fees, including fees for Machine-Readable Visas (MRVs) and Border Crossing Cards (BCCs), have been modified under a separate rule published in May 2010, and those modified fees are also reflected in the Schedule of Fees in the interim rule.

Among other fee changes:

• The Department is increasing the application fee for a passport book for an adult (age 16 and older) from $55 to $70, and increasing the passport book security surcharge from $20 to $40. The application fee for a passport book for a minor (under age 16) will remain at $40.
• Instead of a single fee for processing an immigrant visa, the Department has created fees depending on the category of visa. The application fee for an employment-based visa processed on the basis of an I-140 petition will be $720. The application fee for a family-based visa (immediate relative and preference) processed on the basis of an I-130, I-600, or I-800 petition will be $330. Other immigrant visa applications (including for diversity visa applicants) will have a fee of $305.
• The Department is increasing the immigrant visa security surcharge, which all applicants except those statutorily exempted must pay, from $45 to $74.

The interim final rule, which includes a long discussion of the many comments received, is available at http://edocket.access.gpo.gov/2010/pdf/2010-15622.pdf.

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2. USCIS Issues Guidance to Employers on Documentation of Work Authorization for TPS Beneficiaries

U.S. Citizenship and Immigration Services (USCIS) recently issued guidance on the documentation employers may accept and that temporary protected status (TPS) beneficiaries may present as evidence of employment eligibility.

The guidance notes that the expiration date on the card is usually the end of the TPS period for which the bearer last registered. When the Department of Homeland Security (DHS) extends a specific TPS country designation, it sometimes issues a Federal Register notice containing a temporary blanket automatic extension of expiring employment authorization documents (EADs) for TPS beneficiaries from that country to allow time for USCIS to issue new EADs with updated validity dates. The USCIS Web site and the Federal Register notice will describe this EAD automatic extension and will note the date when the auto-extension ends. The extension is typically for six months, but the time period may vary.

If an employee presents a TPS-related EAD that is expired for completion of the Form I-9 employment authorization verification process, the employer must accept it if it remains unexpired based on an auto-extension of the EAD by DHS as announced in a notice published in the Federal Register. The card must reasonably appear to be genuine and to relate to the employee presenting it to be acceptable.

The guidance includes an example of a valid TPS-related EAD and additional detailed instructions. It is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f876090684988210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD.

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3. Secretary of Labor Announces $78.4 Million for Farmworker Jobs Program

On June 24, 2010, U.S. Secretary of Labor Hilda L. Solis announced $78,410,000 in grant funds through the National Farmworker Jobs Program. The program provides training and employment services to migrant and seasonal farmworkers. The Department of Labor said the program “is designed to counter the impact of chronic unemployment and underemployment experienced by migrant and seasonal farmworkers who depend primarily on agricultural labor jobs.”

“Farmworkers do so much for families and for the nation’s economy as a whole. These hard-working members of our community deserve our support,” said Secretary Solis. “Today’s grants are an opportunity to help these workers as they upgrade their skills to improve their chances of advancement in their current employment or seek opportunities in other industries.”

The National Farmworker Jobs Program provides funding to community-based organizations and public agencies that assist farmworkers and their families in attaining greater economic stability. In addition to skills training, the program provides support services that help farmworkers participate in training programs or retain their agriculture employment. Services provided to farmworkers under the program include skills assessments, job search assistance, basic education remediation, case management, and on-the-job training. In addition, the program provides services such as child care, health care, and transportation that help workers keep their current jobs or successfully complete training programs.

Of the 50 states, 48 each have one grantee. California has five grantees. There are no grantees in Alaska. National Farmworker Jobs Program grants are awarded every two years. The new grants are continuations of 2009 funding.

The announcement, which includes a full list of grantees by state and the amounts granted, is available at http://www.dol.gov/opa/media/press/eta/eta20100878.htm.

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4. U.S. Embassies, Consulates in China Temporarily Open on Saturdays

On June 18, 2010, the Department of State announced that the U.S. Embassy in Beijing, along with four U.S. consulates general across China, is opening on Saturdays “over the next few weeks” to accommodate thousands of Chinese travelers seeking visas to visit the U.S.

Trade, commerce, people-to-people exchanges, and tourism between China and the U.S. have grown dramatically over the past few years, the Department noted. In 2009, U.S. consulates in China issued more than 487,000 visas to Chinese travelers. Sixty-six percent were for business and tourism. Growth in 2010 has been even more dramatic, with China’s 2010 visa load up 28 percent over the same period last year.

The announcement is available at http://www.state.gov/r/pa/prs/ps/2010/06/143364.htm.

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5. iCERT Glitches: DOL Responds

The American Immigration Lawyers Association recently queried the Department of Labor about difficulties in using the iCERT system, which is causing certain labor condition application cases in “initiated” status not to display online. A common reported problem is receiving an inappropriate warning when entering a prevailing wage source date. The DOL said it is working to correct the problems. Until they are resolved, the DOL advises anyone needing a PDF of an LCA that they cannot access to e-mail the LCA Help Desk at [email protected].
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6. ABIL Global: Update from Australia

Australia’s new Prime Minister, Julia Gillard, has signaled a major shift in immigration policy by declaring that she does not believe in a “big Australia.”

Former Prime Minister Kevin Rudd was in favor of population growth, with his government predicting it to hit around 36 million by 2050, largely through immigration. Australia’s population grew by two percent last year, mainly through migration – faster than any other developed country.

Since her appointment, Ms. Gillard has said, “Australia should not hurtle down the track towards a big population. I don’t support the idea of a big Australia with arbitrary targets of, say, a 40 million-strong Australia or a 36 million-strong Australia. We need to stop, take a breath and develop policies for a sustainable Australia. I support a population that our environment, our water, our soil, our roads and freeways, our buses, our trains and our services can sustain.”

But Ms. Gillard says that does not mean putting a stop to immigration altogether. Herself a migrant, Ms. Gillard said she would hold together an immigration policy that was pro-business and highly skilled, saying, “I don’t want business to be held back because they couldn’t find the right workers. That’s why skilled migration is so important.”

A recent poll showed 72 percent of people supported a rise in Australia’s population, but 69 percent wanted it to remain below 30 million people.

Just a month before Ms. Gillard’s appointment as Prime Minister, the Australian government had announced a new skilled migration program to address Australia’s medium and long-term skill needs. At the same time, the government confirmed that employers would be able to continue to solve their skill shortages through employer-sponsored programs that would be given priority processing with state and territory governments and given a role in sponsoring skilled migrants to solve local skill shortages.

A new Skilled Occupations List (SOL) comes into effect on July 1, 2010, and provides for just 181 occupations, which is a significant decrease from the old SOL containing 408 occupations. The new SOL represents a more demand-driven approach towards the skilled migration program, emphasizing high-value skills that will assist in addressing Australia’s labor market shortages. Under the old SOL, it was possible for a Ph.D. in environmental science from Harvard to miss out while a cook or hairdresser with low English skills who had completed a short technical course in Australia was able to proceed directly to permanent residence.

Occupations on the new SOL include doctors, nurses, dentists, accountants, engineers, IT professionals, and teachers (except primary school teachers), along with selected highly skilled trades, including electricians, carpenters, and motor mechanics.

By contrast, the demand-driven employer-sponsored temporary residence program allows businesses to sponsor over 620 managerial, professional, associate professional, and trade occupations. A key requirement for approval as a sponsor is that the business can demonstrate that it has met the training benchmark of spending at least one percent of gross payroll on training or upskilling its Australian workforce. Employers in regional Australia are able to sponsor not only these occupations but dozens of other occupations by entering into a Labour Agreement with the Australian government. For continued access to the program, a regional business must provide six monthly reports on efforts to recruit and train locals.

Employers can also nominate foreign workers for permanent residence in 430 occupations. A nominee must meet any of the following three criteria: (a) be paid in excess of A$165,000 p.a.; (b) be working in Australia for at least two years on one of a select range of temporary visas, including at least one with the nominating employer; or (c) have their skills or qualifications assessed by an approved assessing authority and have at least three years of relevant industry experience. Fully documented applications can result in permanent residence approvals in just two months.

By comparison with many other developed economies, Australia already shows signs of recovery from the global financial crisis. The government is keen to ensure that skills are readily available to facilitate a full recovery as well as deal with the looming issues that will flow from Australia’s aging population. To this end, newly elected Prime Minister Gillard has suggested that the government could pursue different migration policies for different parts of the country – the clearest indication yet that the skill needs of employers will be the driver of any new migration program.

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7. New Publications and Items of Interest

Characteristics of H-1B specialty occupation workers. U.S. Citizenship and Immigration Services has released “Characteristics of H-1B Specialty Occupation Workers” for fiscal year (FY) 2009. Highlights of the report include:

• The number of H-1B petitions filed decreased 15 percent from 288,764 in FY 2008 to 246,647 in FY 2009.
• The number of H-1B petitions approved decreased 22 percent from 276,252 in FY 2008 to 214,271 in FY 2009.
• Approximately 48 percent of all H-1B petitions approved in FY 2009 were for workers born in India.
• Two-thirds of H-1B petitions approved in FY 2009 were for workers between the ages of 25 and 34.
• Forty-one percent of H-1B petitions approved in FY 2009 were for workers with a bachelor’s degree, 40 percent had a master’s degree, 13 percent had a doctorate, and 6 percent were for workers with a professional degree.
• About 41 percent of H-1B petitions approved in FY 2009 were for workers in computer-related occupations.
• The median salary of beneficiaries of approved petitions increased to $64,000 in FY 2009, which was $4,000 more than in FY 2008.

The report is available at http://www.uscis.gov/USCIS/Resources/Reports%20and%20Studies/H-1B/h1b-fy-09-characteristics.pdf.

Guide to InfoPass. InfoPass is a free online appointment-scheduling service of U.S. Citizenship and Immigration Services (USCIS). The agency has released a guide with tips on using the service. The guide is available at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f183bd85ef149210VgnVCM100000082ca60aRCRD&vgnextchannel=f183bd85ef149210VgnVCM100000082ca60aRCRD.

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8. Recent News From ABIL Members

Angelo Paparelli (bio: https://www.abil.com/lawyers/lawyers-paparelli.cfm) will be awarded the American Immigration Lawyers Association’s (AILA) Edith Lowenstein Award for advancing the practice of immigration law on July 3, 2010 at AILA’s annual conference. Additional information on the 2010 awards is available at http://www.aila.org/content/default.aspx?docid=32427.

Mr. Paparelli recently argued on his blog that investor visa categories must be expanded. Mr. Paparelli noted, among other things, that “statutory and bureaucratic impediments to investment have produced all too predictable results.” He suggested that Congress consider more enticing, user-friendly investor visa categories. The blog is available at http://www.nationofimmigrators.com/?p=336.

ABIL and ABIL Global speakers/presenters at the upcoming 2010 AILA annual conference include:

• Kehrela Hodkinson, who will speak on a panel on “Immigrant Waivers Around the Globe”
• Mark Ivener, who will speak on “Marketing for Your Firm”
• Charles Kuck, who will speak on “Media Policy or Media Frenzy? The Keys to Media Advocacy
• Sharon Mehlman, who will moderate the USCIS open forum
• Cyrus Mehta, who will be discussion leader of the “Pro Bono 101” panel and moderate a meeting with the Hon. Robert A. Katzmann of the Second Circuit, who will receive the Michael Maggio Memorial Pro Bono Award, and AILA pro bono advocates
• Mr. Paparelli, who will speak on “Setting Up Immigration Policies and Processes for Corporate Clients”
• William Z. Reich, who will speak on border processing of TN and L-1 applications

Steve Clark (bio: https://www.abil.com/lawyers/lawyers-clark.cfm) chaired a CLE for the Boston Bar Association on Corporate Reorganization and Immigration on May 18, 2010. The panel included a presentation on I-9 and E-verify issues by ABIL President Charles Kuck (bio: https://www.abil.com/lawyers/lawyers-kuck.cfm). Other members of ABIL firms (e.g., Chin and Curtis) discussed the role of counsel and written immigration policies in the reorganization process.

Mr. Clark will deliver a presentation on “Post-Filing Issues in PERM Labor Certifications” at AILA’s National Conference on July 1, 2010, in National Harbor, Maryland.

Steve Trow (bio: https://www.abil.com/lawyers/lawyers-trow.cfm) presented on “U.S. Immigration and Citizenship Planning for High Net Worth Clients” at the Canadian national conference of the Society of Trust and Estate Practitioners in Toronto on June 7. His presentation included U.S. visa planning for investors and entrepreneurs, immigration strategies in relation to the U.S. exit tax, identifying clients who are not aware that they are U.S. citizens, and terminating U.S. citizenship by expatriation.

Mr. Trow also presented on “Immigration and Citizenship Planning for U.S. Citizens and Long Term Residents Who Expatriate” at a panel discussion hosted by the International Tax Committee of the District of Columbia Bar Association on June 22. The panel included four attorneys from the Internal Revenue Service who provided guidance on taxation of expatriates under Section 877A of the Internal Revenue Code.

Steve Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm) will deliver a presentation on appeals to the USCIS’ Administrative Appeals Office at AILA’s National Conference on July 2, 2010, in National Harbor, Maryland.

Mr. Yale-Loehr co-authored an article with Mr. Paparelli entitled “Investing in America Through the E-2 and EB-5 Visa Categories” in the June 22, 2010, issue of the New York Law Journal.

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9. 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: https://egov.uscis.gov/cris/processTimesDisplay.do

Department of Labor processing times and information on backlogs: http://www.foreignlaborcert.doleta.gov/times.cfm

Department of State Visa Bulletin: http://travel.state.gov/visa/bulletin/bulletin_1360.html

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Headlines:

1. USCIS Revises Employment Authorization Document – The EAD now includes a machine-readable zone on the back of the card.

2. State Dept. Raises Consular Fees for Nonimmigrant Visas and BCCs – The interim final rule, effective June 4, 2010, also reopens the comment period on the raised fees for an additional 60 days.

3. DHS Eliminates Paper Arrival/Departure Form for VWP Participants – Automated processing for U.S. airports will be activated on a rolling basis over the next several months.

4. State Dept. Updates Student and Exchange Visitor Visa Guidance – Visa appointments for students and exchange visitors should be provided on a priority basis, and admission to a lesser?known academic institution, a community college, or an English language program is not in itself a reason for refusal.

5. Not-So-Good Vibrations? USCIS Implements Business Verification Program – VIBE (Verification Initiative for Business Enterprises) is intended to provide USCIS with an alternative means of verifying the financial viability of companies petitioning to employ foreign workers.

6. ABIL Global: Update From Germany/Europe – The EU Commission wants to introduce a simplified, accelerated, and EU-standard admission process for persons who have special professional qualifications, an employment contract with a company based in the EU, and earnings at least triple the national minimum wage.

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

8. Recent News From ABIL Members – Recent News From ABIL Members

9. Government Agency Links – Government Agency Links

Details:

1. USCIS Revises Employment Authorization Document

U.S. Citizenship and Immigration Services (USCIS) announced on May 25, 2010, that it has revised the Employment Authorization Document (EAD) (Form I-766) to incorporate the addition of a machine-readable zone on the back of the card.

USCIS began issuing the revised EADs on May 11, 2010. USCIS also removed the two-dimensional bar code on the back of the card and moved the informational box of text to just beneath the magnetic stripe on the card. The revised card retains all of its existing security features.

This follows USCIS’s announcement in early May that it is replacing Permanent Resident Cards (green cards) with a redesigned card that incorporates new security features. The agency is replacing green cards already in circulation as individuals apply for renewal or replacement.

USCIS’s announcement is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=12f0e37359fc8210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD.

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2. State Dept. Raises Consular Fees for Nonimmigrant Visas and BCCs

The Department of State has published an interim final rule, effective June 4, 2010, that raises from $131 to $140 the fee charged for processing an application for most non-petition-based nonimmigrant visas (Machine-Readable Visas or MRVs) and adult Border Crossing Cards (BCCs). The rule also provides new tiers of the application fee for certain categories of petition-based nonimmigrant visas and treaty trader and investor visas (all of which are also MRVs). Finally, the rule increases the $13 BCC fee charged to Mexican citizen minors who apply in Mexico, and whose parent or guardian already has a BCC or is applying for one, by raising that fee to $14 by virtue of a congressionally mandated surcharge that went into effect in 2009.

The rule reopens the comment period on these fees for an additional 60 days. Written comments must be received by July 19, 2010. The Department will consider any further comments, and whether to make changes to the rule in response to them, before publishing a final rule.

The interim final rule is available at http://edocket.access.gpo.gov/2010/pdf/2010-12125.pdf.

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3. DHS Eliminates Paper Arrival/Departure Form for VWP Participants

On May 20, 2010, the Department of Homeland Security (DHS) announced the elimination of the paper arrival/departure form (Form I-94W) for authorized travelers from Visa Waiver Program (VWP) countries. Following a seven-month pilot program on Air New Zealand flights from Auckland to Los Angeles International Airport, the use of paper I-94W forms will be eliminated for VWP travelers with an approved Electronic System for Travel Authorization (ESTA) arriving in the U.S. at all airports by the end of this summer. U.S. Customs and Border Protection (CBP) will activate automated processing for U.S. airports on a rolling basis over the next several months.

Applying for an ESTA became mandatory on January 12, 2009, for all nationals of VWP countries before boarding a carrier to travel by air or sea to the U.S. This requirement does not affect U.S. citizens returning from overseas or citizens of VWP countries traveling on a valid U.S. visa.

CBP recommends that VWP travelers submit ESTA applications as soon as they begin making travel plans. ESTA applications may be submitted at any time before travel. ESTAs are valid for two years or until the applicant’s passport expires. CBP has received more than 19 million ESTA applications from citizens of VWP countries.

The DHS announcement is available at http://www.dhs.gov/ynews/releases/pr_1274366942074.shtm.

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4. State Dept. Updates Student and Exchange Visitor Visa Guidance

The Department of State has released a cable updating guidance to the field for student and exchange visitor visa applications. The cable reminds posts that visa appointments for students and exchange visitors should be provided on a priority basis. Admission to a lesser?known academic institution, a community college, or an English language program is not in itself a reason for refusal, the cable notes, but all applicants should be able to explain their school choice and educational plan. “Which school a student chose is not nearly as important as why he/she chose it. ”

The cable urges posts to report suspect schools. The cable also notes that Summer Work and Travel Program participants should return from their programs in time for the beginning of fall classes, even though the Department of Homeland Security allows them a 30?day grace period before they have to leave the U.S. The cable also provides clarification on flight training, study incidental to visits for pleasure, and the Student and Exchange Visitor Information System (SEVIS).

The cable also notes that the Bureau of Consular Affairs continues to receive complaints that some consular officers are unreceptive to applications from prospective community college students. This is at odds with Consular Affairs policy, the cable notes.

The cable is available at http://travel.state.gov/pdf/ExchangeVisitorVisaUpdate-April2010.pdf.

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5. Not-So-Good Vibrations? USCIS Implements Business Verification Program

U.S. Citizenship and Immigration Services’ (USCIS) Office of Public Engagement held an information-sharing session on May 27, 2010, in Washington, DC, on a Web-based tool provided under a USCIS contract with Dun & Bradstreet, Inc., that the agency said “will help bring uniformity and consistency to the processing of employment-based immigrant and nonimmigrant petitions.” During the session, Service Center Operations staff provided a presentation of the “VIBE” program, which is being implemented this year at Service Centers.

VIBE (Verification Initiative for Business Enterprises) is intended to provide USCIS with an alternative means of verifying the financial viability of companies petitioning to employ foreign workers, along with other information about the company, such as the type of business and number of employees. USCIS announced in September 2009 that the contract had been awarded to Dun & Bradstreet for $35.5 million. A USCIS synopsis issued in April 2009 notes that:

…the Government requires licensing terms that allow the information provided to be retained in adjudicator files in perpetuity. Further, this information may be viewed and used by other Government agencies for legal proceedings, such as court hearings or similar administrative hearing activities related to granting or denying immigration benefits. It has also been determined through market research that industry does not provide warranty terms regarding the accuracy of information provided. The Government may potentially use the information in a court of law, as such, it must be supportable.

The award notice is available at https://www.fbo.gov/index?s=opportunity&mode=form&tab=core&id=43fee0e75bdb345ad3010794271abd2b&_cview=1. A related letter from USCIS Director Alejandro Mayorkas to Sen. Charles Grassley is available at http://www.nationofimmigrators.com/wp-content/uploads/2009/12/Mayorkas%20letter%20to%20Grassley%20re%20H-1B%20visa%20fraud.pdf. A blog commentary on the VIBE program is available at http://blogs.ilw.com/angelopaparelli/2009/12/bad-bad-bad-immigration-vibrations-from-uscis.html.

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6. ABIL Global: Update From Germany/Europe

German residence and work permit regulations are a genuinely complex matter. Therefore, regulations have to be carefully observed when conducting international transfers. Even if the German labor market is basically still affected by the so-called ban on recruitment (i.e., the categorical ban on the recruitment of foreign employees), in practice foreign workers can be employed under certain circumstances.

In particular, the employment of highly qualified staff is facilitated in numerous ways. Nevertheless, there is a considerable accumulated need against the background of intensified global competition for the most qualified labor. Therefore, for example, the earnings level for executives and the highly skilled, which has been 86.400 € per year (until December 31, 2008) and presently amounts to 66.000 € per year (as of January 1, 2010), should be reduced further to enable medium-sized companies to employ such labor to a larger extent. There is also hope because of the intended omission of the examination of the labor market for engineers from the new EU member states.

Because Germany had elections in September 2009 resulting in a new coalition government between the Christian Democrats (CDU) and the Free Democratic Party (FDP), further reforms or amendments of the existing laws on a larger scale are unlikely in the short- to midterm. Further developments remain to be seen. In the meantime, the following excerpt from the coalition agreement may give a hint of the route the government is likely to take:

We want to increase the attractiveness of Germany for highly qualified staff and steer immigration to Germany. Administrative barriers must be reduced for qualified staff. Access for highly qualified foreigners and foreign experts must be adjusted to the requirements of the German labor market and structured according to coherent, clear, transparent, and weighted criteria based on need, qualification, and integration potential. In addition, we plan to review the regulations on self-employment, jobs for students with a German university degree, jobs for artists, athletes, and seasonal workers; and to strive for simplification. [Translated, edited.]

The same applies at the European Union (EU) level, where the EU “Blue Card,” which had been put up for discussion in 2007, was recently adopted in May 2009 (Council Directive 2009/50/EC on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment; May 25, 2009). The EU Commission, with particular emphasis on work and residence permits for highly qualified employees from third countries (non-EU), intends to increase the competitiveness of the European economy via the Blue Card. The Blue Card is expected to attract experts to Europe instead of the U.S., Australia, or Canada. According to an analysis by the EU, the latter have been the preferred work countries until now.

The EU Commission wants to introduce a simplified, accelerated, and EU-standard admission process for persons who have special professional qualifications, an employment contract with a company based in the EU, and earnings at least triple the national minimum wage. By means of the Blue Card, highly qualified staff will be granted a residence and work permit that includes special rights; e.g., if accompanied by family members. The directive is intended to encourage further mobility within the EU of highly qualified individuals. It acknowledges labor shortages and so its provisions are intended to:

foster admission and mobility — for the purposes of highly qualified employment — of third-country nationals for stays of more than three months, in order to make the [EU] Community more attractive to such workers from around the world and sustain its competitiveness and economic growth. To reach these goals, it is necessary to facilitate the admission of highly qualified workers and their families by establishing a fast-track admission procedure and by granting them equal social and economic rights as nationals of the host Member State in a number of areas. It is also necessary to take into account the priorities, labor market needs and reception capacities of the Member States.

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7. New Publications and Items of Interest

Dr. Sunil Mithas and Dr. Henry C. Lucas, Jr., professors at the University of Maryland, have authored a study published by the Institute for Operations Research and the Management Sciences, “Are Foreign IT Workers Cheaper? U.S. Visa Policies and Compensation of Information Technology Professionals.” The study finds that foreign IT professionals (those without U.S. citizenship and those without H-1B or other work visas) actually earn a salary premium when compared to U.S. citizen IT professionals when controlling for human capital attributes. The article is available from http://www.informs.org/.

The Department of Labor has released a new online advisor to help employers and others understand how to comply with requirements under the H-1B visa program. The advisor describes the program’s standards and provides detailed information about employers’ and workers’ rights and responsibilities. It outlines notification requirements, monetary issues, worksite issues, recordkeeping duties, worker protections, and enforcement issues. The advisor focuses solely on compliance with the requirements enforced by the Department’s Wage and Hour Division. It does not review the process for participating in the program or for invoking H-1B visa portability.

The Department’s announcement is available at http://www.dol.gov/opa/media/press/asp/oasp20100563.htm. The advisor is available at http://www.dol.gov/elaws/h1b.htm.

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8. Recent News From ABIL Members

Angelo Paparelli (bio: https://www.abil.com/lawyers/lawyers-paparelli.cfm) was quoted in the May 28, 2010, edition of the New York Times on E-2 visas. The article concerns Dean and Laura Franks, a British couple who ran a Maine eatery for nine years before being forced to leave the U.S. because their E-2 visa was not renewed. Calling such cases “the forgotten story of immigration,” Mr. Paparelli noted that “[t]he headlines deal with Arizona and border crossings, but these are real people too. This is what happens when you play by the rules.” For more, see http://www.nytimes.com/2010/05/30/us/30visas.html.

Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm) recently discussed the origins of the EB-5 immigrant investor program; the importance of EB-5 regional centers; and the ambiguities, complexities, challenges, and opportunities of the program. The LexisNexis podcast is available at http://www.lexisnexis.com/Community/emergingissues/blogs/podcasts2/archive/2010/05/20/LexisNexis_AE00_-Emerging-Issues-Law-Community-Podcast-featuring-Dan-Kowalski-and-Stephen-Yale_2D00_Loehr-on-the-EB_2D00_5-Investor-Visa-Program.aspx.

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9. 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: https://egov.uscis.gov/cris/processTimesDisplay.do

Department of Labor processing times and information on backlogs: http://www.foreignlaborcert.doleta.gov/times.cfm

Department of State Visa Bulletin: http://travel.state.gov/visa/bulletin/bulletin_1360.html

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Headlines:

1. USCIS Conducts Comprehensive Policy Review, Holds Session on RFEs – USCIS has launched a comprehensive effort to review all agency policies with the participation of both its workforce and the public.

2. Controversial New Arizona Statute Signed Into Law – The governor of Arizona signed a law that directs local police to make immigration status determinations and makes it a misdemeanor to lack proper immigration documents.

3. DOS Requests Comments on SEVIS – The SEVIS forms have been revised to clarify language used and remove unnecessary data collection.

4. ICE Plans More Visa Security Units – The program is intended to maximize the visa process as a counterterrorism tool.

5. USCIS Advises Foreign Nationals Whose Work Permits Expire Before CNMI-Only Visa Categories Are Available – Certain foreign nationals without umbrella permits whose work permits expire before new visa categories are available to them may be eligible for an interim status.

6. ABIL Global: The Scope of Immigration Laws for International Investors in Brazil – The entrepreneur has to convince the Brazilian authorities that his or her work will bring new jobs to Brazilians and develop the Brazilian market.

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

8. Recent News From ABIL Members – Recent News From ABIL Members

9. Government Agency Links – Government Agency Links

Details:

1. USCIS Conducts Comprehensive Policy Review, Holds Session on RFEs

U.S. Citizenship and Immigration Services (USCIS) has launched a comprehensive effort to review all agency policies with the participation of both its workforce and the public. USCIS invited outside stakeholders to identify their highest priorities for the policy review through a two-week survey that ended on April 29, 2010. USCIS said it will publish a summary of the results later this spring.

Throughout the policy review, USCIS said it will continue to seek feedback from its workforce and external stakeholders to ensure that the resulting policies are “informed, responsive, and effective.”

As part of USCIS’s overall efforts to review agency policies, on April 12, 2010, USCIS Director Alejandro Mayorkas and the head of the Service Center Operations Directorate, Donald Neufeld, held a listening session for U.S. national stakeholders to review and revise the Request for Evidence (RFE) templates. This was the first time that the USCIS held a dialogue with stakeholders to obtain their feedback on how to improve the RFE process and to clarify any concerns that have arisen due to recent changes, the Alliance of Business Immigration Lawyers noted. The reviewed types included the O (extraordinary ability or expertise), P (athletes and entertainers), Q (cultural exchange), and EB-1 (first preference extraordinary ability) visa categories.

At the session, a number of people asked about a January 8, 2010, guidance memorandum by Mr. Neufeld, and expressed unease about the number of RFEs that are being issued on cases that used to be approved. Mr. Mayorkas and Mr. Neufeld replied that they will offer more opportunities for the public to understand the adjudication process while taking into account the needs of employers, attorneys, and immigrants.

USCIS’s announcement is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d0c77dfffc108210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD. A related Q&A is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=66681f7af1208210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD.

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2. Controversial New Arizona Statute Signed Into Law

On April 23, 2010, Governor Jan Brewer of Arizona signed a tough new measure (S.B. 1070) into law that directs local police to make immigration status determinations if there is a “reasonable suspicion” a person may be undocumented, and makes it a misdemeanor to lack proper immigration documents. The law is scheduled to take effect by August.

Gov. Brewer said the new law “represents another tool for our state to use as we work to solve a crisis we did not create and the federal government has refused to fix.” Sen. John McCain (R-Ariz.), who is campaigning in a primary against a challenger who has made immigration a main issue, came out in favor of the law only hours before its passage by the state Senate.

Controversy and protests have swirled around the new law. Those opposed are especially concerned about racial and ethnic profiling and the effects of criminalizing a person’s failure to carry immigration documents. “A lot of U.S. citizens are going to be swept up in the application of this law for something as simple as having an accent and leaving their wallet at home,” warned Alessandra Soler Meetze, president of the American Civil Liberties Union (ACLU) of Arizona. The ACLU plans to sue to block the legislation.

Moments after Gov. Brewer signed the law, the Board of Governors of the American Immigration Lawyers Association called for a boycott of Arizona, instructing its Executive Committee to move the Association’s fall 2010 conference, previously scheduled for Arizona, to another state. AILA President Bernie Wolfsdorf explained, “We cannot in good conscience spend association dollars in a state that dehumanizes the people we represent and fight for. What Governor Brewer has done by signing this bill into law is to validate all of the irrational fears by people who are not willing to acknowledge the economic and cultural benefits of immigration to our country. If Arizonans are serious about ending illegal immigration, they should be the first in line at the United States Capitol to urge Congress to the do the right thing and pass comprehensive immigration reform.”

AILA stated that in addition to being unconstitutional under the Supremacy Clause of the U.S. Constitution, the law effectively authorizes police to engage in racial profiling and permits citizens to sue any state or local agency if they believe it is failing to enforce the law. “On top of making laws that will be struck down in the courts, it will hurt business and even bankrupt local municipalities. We’ve seen this happen in other localities trying to be tough on immigration but in the end hurting their own economies,” Mr. Wolfsdorf said. AILA cited the example of Tulsa, Oklahoma, where two months after a harsh 2008 law went into effect, construction work was being left unfinished and local businesses were losing customers. AILA also noted that such laws add enforcement of federal immigration law to already overburdened local police departments. Police unions backed the new law, but the state police chief’s association opposed the bill, noting that it could damage trust in immigrant communities among potential witnesses.

PolitiFact recently published a fact-checking article examining the issue of racial or ethnic profiling with respect to the new law. The article is available at http://www.politifact.com/truth-o-meter/statements/2010/apr/28/alfredo-gutierrez/arizona-immigration-law-allows-police-question-any/.

The text of the new Arizona law is at http://www.azleg.gov/legtext/49leg/2r/bills/sb1070h.pdf. A summary of the law is at http://www.azleg.gov/legtext/49leg/2r/summary/h.sb1070_04-15-10_houseengrossed.doc.htm.

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3. DOS Requests Comments on SEVIS

The Department of State has issued a request for comments on the recording, reporting, and data collection requirements under the Student and Exchange Visitor Information System (SEVIS). SEVIS is used to monitor foreign students and exchange students in the United States. The forms have been revised to clarify language used and remove unnecessary data collection. Comments will be accepted up to 60 days from April 22, 2010, and may be submitted by e-mail, mail, or online to the location named in the notice, which is available at http://edocket.access.gpo.gov/2010/pdf/2010-9325.pdf.
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4. ICE Plans More Visa Security Units

U.S. Immigration and Customs Enforcement (ICE) recently announced that the agency plans to expand its visa security units from 12 countries to 16 this year and an additional country next year. ICE works with the Department of State to identify high-risk posts to receive visa security units. The program, intended to maximize the visa process as a counterterrorism tool, assigns experienced special agents to visa security units overseas to review visa applications, initiate investigations, and provide advice and training to consular officers.

The list of countries to be added has not been announced, but the Department of Homeland Security separately has identified 14 nations whose citizens underwent mandatory secondary screening for a temporary period after the Christmas Day bombing attempt: Afghanistan, Algeria, Cuba, Iran, Iraq, Lebanon, Libya, Nigeria, Pakistan, Saudi Arabia, Somalia, Sudan, Syria, and Yemen. Currently, ICE has visa security units in Canada, Egypt, Germany, Hong Kong, Indonesia, Jordan, Morocco, Pakistan, Philippines, Saudi Arabia, United Arab Emirates, and Venezuela.

Sen. John Cornyn (R-Tex.) and Rep. Lamar Smith (R-Tex.) introduced companion bills on March 4, 2010, in the House and Senate to fund 16 visa security units in high-risk nations, including Algeria, Colombia, India, Iraq, Jerusalem, Kuala Lumpur, Kuwait, Lebanon, Mexico, Nigeria, South Africa, Syria, Tel Aviv, Turkey, United Kingdom, and Yemen.

The Department of Homeland Security’s Office of Inspector General released a report in 2008 on the visa security unit program. The report is available at http://www.dhs.gov/xoig/assets/mgmtrpts/OIG_08-79_Jul08.pdf.

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5. USCIS Advises Foreign Nationals Whose Work Permits Expire Before CNMI-Only Visa Categories Are Available

U.S. Citizenship and Immigration Services (USCIS) announced on April 21, 2010, that it will grant parole-in-place status to certain foreign nationals in the Commonwealth of the Northern Mariana Islands (CNMI). Foreign nationals without umbrella permits whose work permits expire before new visa categories are available to them under federal immigration laws may be eligible for this interim status.

Certain employers and their foreign national employees did not apply for umbrella permits covering the two-year transition period to federal immigration law. They may have planned to apply for CNMI-only transitional worker visas immediately after the transition period began in November 2009. However, a court ruling that month stopped this nonimmigrant category from being available. As a result, some foreign nationals face losing their legal immigration status because of a gap between the expiration of their current CNMI work permit and the availability of the new “CNMI-Only Transitional Worker” status.

Certain foreign nationals with CNMI investor permits may also face a gap between the expiration date of their CNMI investor permit and the availability of the “CNMI-Only E-2 Investor” status.

Parole-in-place would give affected foreign nationals authorization under federal immigration law to remain in the CNMI and permit continued employment authorization until the CNMI-only transitional worker program and the CNMI investor status are implemented.

USCIS’s announcement includes details about how and where to apply for parole-in-place and what documents to submit. The announcement is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=72aaf95c93228210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD.

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6. ABIL Global: The Scope of Immigration Laws for International Investors in Brazil

From the moment we retrace a historical review of immigration’s legislative structure for investors in Brazil, we perceive that in the last 11 years the Entrepreneurs’ Visa had three different normative resolutions with their respective minimum investment. Normative Resolution N. 28, from November 25, 1998, originally defines that the foreign investment has to be US$ 200,000.

On October 6, 2004, the Brazilian legislature altered the requirements and modified this resolution. The new Normative Resolution, N. 60, established the foreign investment as US$ 50,000.

Recently, a new resolution, Normative Resolution N. 84, was established in February 10, 2009, with a minimum investment of R$ 150,000 (about US$ 80,000). This new resolution includes more detailed procedures related to the current and sustainable Brazilian economy.

In both cases, an absorption plan of Brazilian manpower must be presented. In addition to this requirement, the sponsor of the visa is always the Brazilian company of which the foreign national is partner.

The Brazilian company must open a Brazilian bank (in Reais) account in order to receive the foreign investment. The entrepreneur needs to send the money in his or her own name (individual) for the bank account of the Brazilian company. It is not mandatory that all the money be invested at the same time, but the money must be registered with the Brazilian Central Bank. To certify this investment, the articles of Incorporation must include a clause stating that the foreign money is integrated into the Brazilian company.

Subsequent to the investment, the entrepreneurs must obtain a conditional permanent visa, valid for three years. During this three-year period, the foreign national may only provide services for the Brazilian company that sponsored the visa. This condition is written in his or her Brazilian ID Card.

The creation of employment and revenue in Brazil is the most important condition for obtaining this visa. Related to that, the absorption plan of Brazilian manpower must be executed in the first year of the Brazilian company after the arrival of the entrepreneur. The company may hire and/or employ Brazilian manpower other than its stated direct absorption plan of the investor program, but it is mandatory to fulfill the original numbers.

For the investor program, it is mandatory to present the number of employees and posts, the salaries that will be paid, and the amount of investment in the capacity and qualifications of the Brazilian employees in the first three years. It is also necessary to include information about the economic section and localization of the Brazilian company and its importance for the development of the relevant region. Due to a diversified Brazilian social structure, the investment will have a different effect according to the region.

In this connection (Investment-Social Impact), it should be emphasized that it is not mandatory to invest the amount of R$ 150,000 but a foreign investment is mandatory. Specifically, the social interest issue is considered very important, and the entrepreneur has to convince the Brazilian authorities that his or her work will bring new jobs to Brazilians and develop the Brazilian market; i.e., improve the life of the Brazilian people. If the entrepreneurs are from South America, they will receive special consideration from the members of the National Immigration Council.

There are no minimum qualifications to apply for an investor visa except for the investment. The foreign national may be accompanied by his or her family (spouse and children), who will receive the status of dependents. Once the application is filed with the Ministry of Labor, the processing time is usually 30 days, while the processing time with the National Immigration Council is about 5 months.

The global economic crisis did not affect investments in Brazil. In fact, it made foreign entrepreneurs see that Brazil is a very good country in which to invest, with its stable economy, democracy, consumer market, and natural resources. Unfortunately, we should not forget the Brazilian bureaucracy and its effects on the timeframe of the constitution of a Brazilian company. However, Brazil is improving and let us not forget that the country was built by foreign nationals and will only become a much more developed country with their efforts.

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7. New Publications and Items of Interest

Immigration and occupations. The New York Times recently analyzed Census data and surveys of American attitudes about immigration. The analysis found that although the common perception is that a surge in immigration has overwhelmed the U.S. with low-wage foreign laborers, in reality the 25 million immigrants who live in the largest metropolitan areas in the U.S. are nearly evenly distributed across jobs and incomes, and in 14 of the 25 largest metro areas, more immigrants are employed in white-collar occupations (e.g., professionals, technicians, administrators) than in lower-wage work (e.g., construction, manufacturing, cleaning). The conclusions were based on Census data, a survey published in February’s American Political Science Review, and data analysis conducted by the Fiscal Policy Institute for the New York Times.

The New York Times article is available at http://www.nytimes.com/2010/04/16/us/16skilled.html.

Green card statistics. The Department of Homeland Security’s Office of Immigration Statistics released its Annual Flow Report in April 2010. The report shows that in 2009, a total of 1,130,818 persons became legal permanent residents (LPRs) in the U.S. Nearly two-thirds were granted green cards based on a family relationship. The leading countries of birth of new LPRs were Mexico (15 percent), China (6 percent), and the Philippines (5 percent). Legal immigration increased 2.1 percent from 1,107,126 in 2008 to 1,130,818 in 2009. LPR adjustments of status increased 4.2 percent from 640,568 in 2008 to 667,776 in 2009. Adjustments of status in 2009 were driven by a decrease in applications pending a decision rather than an increasing number of applications received during 2009. Fifty-nine percent of new LPRs in 2009 were adjustments of status and 41 percent were new arrivals California was the state of residence of one-fifth (20 percent) of persons gaining LPR status in 2009. Other leading states of residence included New York (13 percent), Florida (11 percent), Texas (8.4 percent), and New Jersey (5.2 percent).

The report is available at http://www.dhs.gov/xlibrary/assets/statistics/publications/lpr_fr_2009.pdf.

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8. Recent News From ABIL Members

Mark A. Ivener (bio: https://www.abil.com/lawyers/lawyers-ivener.cfm) had an article published in the April 2010 STEP Journal (Society of Trust and Estate Practitioners), “Three Important Immigration Issues Affecting Trust and Estate Attorneys: EB-5 Investor Green Cards; Green Cards and the Exit Tax; and Unplanned U.S. Citizenship.”

Stephen W. Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm) commented that the new Arizona law is a recipe for confusion, in PolitiFact. “The courts will have a hard time deciding what constitutes a reasonable suspicion,” he said. Mr. Yale-Loehr also noted in the April 27, 2010, edition of ComputerWorld that the papers immigrants will now be required to carry in Arizona “are very valuable and [immigrants] usually don’t want to take them with you to the gym or the grocery store.” Mr. Yale-Loehr noted that employers will, at the least, “be putting out memos to all of their H-1B workers telling them to make sure they carry around their H-1B documents at all times. Depending on how the law is enforced in the long run, Mr. Yale-Loehr said, “it could slow down the willingness of companies to invest in Arizona if they hire a lot of noncitizens.” The PolitiFact article is available at http://www.politifact.com/truth-o-meter/statements/2010/apr/28/alfredo-gutierrez/arizona-immigration-law-allows-police-question-any/. The ComputerWorld article is available at http://www.computerworld.com/s/article/9176019/Arizona_s_new_papers_please_law_may_hurt_H_1B_workers.

Maria Lianides Celebi (bio: https://www.abil.com/lawyers/lawyers-celebi.cfm), ABIL Global member, was invited to a meeting with Turkey’s Minister of Labor and Social Security, Omer Dincer, to discuss work permits, among other labor topics. The meeting was arranged by the American Chamber of Commerce, which asked Ms. Celebi as their Work Permit Advisor. Discussed at the meeting were issues and questions regarding the issuance of work permits, particularly since changes in Turkey’s law this winter.

During the meeting, Ms. Celebi and her group conveyed concern about whether the one-year interim work permits for engineers/architects have been implemented; the lack of public guidance over the implications of the new biographical questions on the work permit application; and the lack of transparency in denials, among other things. Minister Dincer said he was assured by the Work Permit Directorate that the one-year interim work permits for engineers/architects are in place. Minister Dincer also expressed a desire to keep adjudications down to the new one-month statutory period.

Ms. Celebi noted that electronic filing of work permit applications was recently implemented by the Turkish Ministry. However, supporting documents must still be delivered in hard copy.

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9. 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: https://egov.uscis.gov/cris/processTimesDisplay.do

Department of Labor processing times and information on backlogs: http://www.foreignlaborcert.doleta.gov/times.cfm

Department of State Visa Bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

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