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Immigration reform will prevent ‘visa overstays’

Mon, May 13 4:08 PM

Immigrants who overstay their student or work visas is becoming a huge problem for the U.S. immigration system.

While border security is a main concern for senators working to revamp the nation's immigration system, a less likely problem- immigrants who come to the U.S. legally but stay long after their visas expire- is another issue that government officials aim to end with new legislation. The proposed bill may adapt a system similar to Australia's, where passports are scanned upon arrival and exit of the country. The proposed U.S. Senate bill envisions a similar entry-exit system at airports and seaports to be enacted within the next five years.

"We have nearly four and a half million visa overstayers in our country," Chris Crane, National ICE Council president, told The Daily Caller. "Five thousand officers and agents can't deal with those kinds of numbers. … [It's] politics, politics politics over public safety."

According to Fox News, the U.S. originally envisioned a biometric-based system, where foreign tourists, students and businessmen would provide 10 fingerprints and eye scans when they enter and exit the country. However, this method was too expensive and time consuming. Currently, there is no exit control at the airport, so officials have no idea who has overstayed their visas.

The lack of security for student visas rings true at universities, where there is typically only one person overseeing the process. Universities, according to visa expert Luis Guerra, benefit from these visas because of the monetary charges for international students. 

Although many immigrants whose visas have expired live normal lives, work or go to school, PBS reported that 40 percent of immigrants who do not have legal citizenship are in the country with expired visas. Doris Meissner, director of the U.S. Immigration Policy Program at the Migration Policy Institute, said that this is still grounds for breaking the law. 

"There are a whole range of circumstances that lead to visa overstays, but they also are in violation of the law," she told PBS. 

Senate cracks down on H-1B exploitation

Thu, Apr 25 11:13 AM

New Senate rules attempt to stop the outsourcing of high skilled tech jobs to countries like India.

The Senate plans to crack down on those who are outsourcing tech jobs and abusing the H-1B system with new rules issued by the immigration legislation. According to an outline from the Senate, figures show that the leading recipients of these highly skilled  H-1B visas are IT outsourcing companies, most of which are based in India. This bill could cost outsourcing firms more than $10,000 in visa fees and limit the use of H-1B visas to 50 percent of the employer's workforce. More than half of the U.S.-based workforces of many offshore firms are foreign workers holding temporary visas.

"These companies are using this visa program to undercut the American worker and undercut American companies hiring American workers," said Ron Hira, an outsourcing expert at the Rochester Institute of Technology and the son of Indian immigrants, according to the Financial Times.

Those vying for H-1B visas use them in two main ways, according to the source. Companies need to staff jobs that must be done in the U.S. -  such as IT support for the financial services industry - and bring in workers to learn skills before rotating them back to India, where they train others. 

Hira told Computerworld that the Senate's rule enforcement won't completely stop outsourcing, but it will help change the hiring process for some companies and bring foreign workers into larger U.S. firms.

"The upshot is that it will force some changes in the outsourcers, but it won't eliminate the H-1B as the outsourcing visa, just blunt it some," said Hira. How much will depend on the wage requirements, which remain vague, he noted.

Another way to bring transparency to the system is through the Senate's requirement that the U.S. must establish a searchable website for posting H-1B positions. This would require employers to post their job openings on the U.S. Department of Labor's website at least 30 days before hiring an H-1B applicant to fill the position. 

Visas in high demand for skilled workers

Thu, Apr 4 10:58 AM

U.S. technology companies are scrambling to get high-skilled visas to award to potential employees. The availability is said to outweigh the demand for these visas.

The U.S. Department of Homeland Security (DHS) is bracing for a large number of applications for high-skilled immigration visas. This demand is likely to outpace the available supply in a matter of days in one of the fastest runs for the highly desirable work permits in history. With just 85,000 visas, called H-1B visas, available for the 2014 allocation, large technology companies like Microsoft, Apple and Google want to award these visas to potential employees. According to Fox News, for the first time since 2008, U.S. Citizenship and Immigration Services (USCIS) will use a lottery to pick which companies get visas.

This "mad scramble," as MSN referred to the rush for high-skilled visas, started April 1 and will continue until April 5. 

"It will be a frenzy, because the cap is nowhere near high enough to meet demand," Robert Holleyman, president and CEO of the Software Alliance, told Fox News. 

According to USCIS, 65,000 visas are awarded each year to companies looking to hire high-skilled workers from around the world, and 20,000 more visas are available specifically for foreign workers who have earned a master's or another advanced degree from a U.S. university. USCIS noted that businesses award the H-1B program to foreign workers in occupations that require theoretical or technical expertise in specialized fields, including science, engineering and computer programing.

The rush for H-1B visas is partly due to a flourishing economy. However, the scramble also signifies a need for more visas, something that has been supported by lawmakers and political candidates in recent years, and is now being considered as part of immigration reform plans in Congress.

"Across the economy, the Bureau of Labor Statistics has predicted that between 2010 and 2020 there will be at least 1.2 million job openings in computing professions that require a bachelor's degree," Holleyman told MSN. "But the National Center for Educational Statistics says we're on pace to produce less than half that many graduates."

South Carolina is front and center at immigration debates

Tue, Apr 2 1:32 PM

Lindsey Graham is aiming to get the support of Hispanic Immigrants in the ongoing immigration debate. Graham will be up for reelection in 2014.

Referred to as "Ground Zero" by Sen. Lindsey Graham, a Republican champion of reform and member of the bipartisan "Gang of 8" negotiating a draft bill, South Carolina is emerging as a major battleground in the immigration debate. Graham is one of the GOP's leading voices on immigration reform, a position that five years ago damaged his political image in the religious and conservative state of South Carolina, and caused him to back off of the issue. This time, the evangelicals have brought Graham key support that he didn't have before. 

Republican party members are using South Carolina as a "test market" for their message, stating that immigration is as much a moral issue as it is an economic one. Until now, most religious groups have stayed out of the immigration debate.

The senator said his immigration plan would secure the country's borders, control who gets jobs in America, provide access for noncitizen workers as needed and carve a path to citizenship for the illegal immigrants in the country. Graham noted that the path to citizenship would require illegal immigrants to go to the back of the line to apply for citizenship, take English proficiency exams, ensure that immigrants are paying taxes and impose a fine for those who are illegally in the United States.

However, not all are welcoming this approach, saying that Graham's plan will help immigrants steal jobs. That's why opponents of immigration reform have targeted South Carolina with an ad campaign that plays into the idea that immigrants will steal jobs in the future if Graham's ideas pass through the Senate. 

"The consequences of breaking immigration law is, you have to go home," Roy Beck, executive director of Numbers USA told Fox News. "Everything about this says 'you don't have to go home.'  You get to stay here and you get to keep the jobs that you came here to steal."

Graham insists that this time, his stance on immigration reform won't let up, especially since he has the support of the evangelical community. He commented that the input of the religious community in South Carolina will help the cause.

"If you want to run ads, spend all the money you want to spend," he said. "I'm not backing off."

Republicans like Graham are also trying to welcome more immigrant Hispanics into their ranks. According to Fox News, the Republican party earned 27 percent of the Hispanic vote in the 2012 election. This is down from 44 percent during George W. Bush's campaign. Graham said that he planned to recover this problem and bring more Hispanics to the Republican side. 

"We've gone from 44 percent to 27 percent of the Hispanic vote," Graham said, according to Fox News. "Not because conservatism is bad, it's because the rhetoric around immigration has tainted the Republican brand with the Hispanic community for no good reason. We're going to fix this problem. The problem with the Hispanic community is the way we've conducted ourselves over this debate. If we can get this issue behind us, we can be back in the ballgame."

The New York Times reported that Graham is up for reelection in 2014, and he's not stopping his immigration fight anytime soon. 

"There's 67 million reasons not to run against Lindsey Graham," Chad Connelly, chairman of the South Carolina Republican Party, told The New York Times. "You're going to have a heck of a run."

Graham furthered this point when he told reporters that he would fight for immigration reform. He's focused on securing the borders and the idea that immigrants should not be rewarded for breaking the law, and only then moves on to citizenship. 

"When people come up to me and say, 'You've got to send them all back,' I say, 'Thank you very much, that ain't gonna work.'"

Senate close to immigration deal, solves key issues

Mon, Apr 1 11:16 AM

The Senate is close to reaching a final agreement on the new immigration reform bill, but there are still a few problems to work through.

The U.S. Chamber of Commerce and the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), the largest labor federation in the country, reached an agreement on a guest-worker program on March 29, meaning that a final bill is now in the works of being written and agreed upon. 

The bill will include an earned pathway to U.S. citizenship for an estimated 11 million undocumented immigrants, increased border security and ways for businesses to meet the need for both high-skilled and low-skilled workers.

"With the agreement between business and labor, every major policy issue has been resolved," New York Democratic Senator Charles Schumer​ told NBC's 'Meet the Press,' according to Reuters. "We've all agreed that we're not going to come to a final agreement until we see draft legislative language and we agree on that."

After much conflict between business and labor, legislature expects there to be a final draft of the new immigration bill so all eight senators in the group can review it.

"There are a few details yet," Republican Senator Lindsey Graham of South Carolina told CNN's 'State of the Union' program, according to Reuters. "But conceptually we have an agreement between business and labor, between ourselves that has to be drafted. It will be rolled out next week. I think we've got a deal."

However, there are still a few issues to work out between legislature before the bill can be drafted. One of these issues is cost. That is, the price of securing the border is expensive. People involved in the talks are hopeful that the cost can be balanced with increased visa fees. But Republicans are more concerned about the burden undocumented workers could put on the nation's entitlement structure, or the massive costs that are absorbed officially into the nation's new healthcare system. The GOP is considering demanding that language be inserted into any bill to make it clear that 11 million new immigrants cannot get added onto the nation's social safety net. Legislature calls this procedure a "pathway to status."

This pathway to status could take more than two decades to reach, which is another source of debate among members of the Senate. According to Politico, under the House plan, it would take more than 10 years to get a green card, and the process requires paying back-taxes . Undocumented immigrants would also have to gain proficiency in English.

Some republicans said that a pathway toward U.S. citizenship would create "amnesty," and attract even more undocumented immigrants into the United States.

However, some have voiced confidence that the "earned pathway" toward citizenship that they drafted will attract Republican support.

"I hope that we can pull some Republicans our way," Republican Senator Jeff Flake of Arizona told Reuters. "I think a number of them are with us already."

Another problem that has caused some bumps in the road towards an agreement is the issue of a guest-worker program, which would include a new "W visa" for employers to petition for foreign workers in lesser-skilled, non-seasonal and non-agricultural occupations. Some fear that this would cause a huge boost in low-wage immigrants moving to the U.S. and taking away jobs from American citizens. 

Still, after almost four years of debates over the immigration reform, Republican Senator Marco Rubio of Florida said the senators had made "substantial progress" on a deal.

"I'm encouraged by reports of an agreement between business groups and unions on the issue of guest workers," Rubio said in a statement issued by his office. "I believe we will be able to agree on a legislative proposal that modernizes our legal immigration system, improves border security and enforcement and allows those here illegally to earn the chance to one day apply for permanent residency contingent upon certain triggers being met."

Immigrants invest in U.S. project in exchange for green cards

Fri, Mar 29 10:16 AM

Immigrants are investing in the EB-5 program, which guarantees them U.S. citizenship if enterprises succeed.

Immigrant families can receive permanent residence in the United States if they invest in a project called "EB-5," which was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign shareholders. The project asks immigrants to invest $500,000 in a project that creates at least 10 jobs in exchange for permanent residence in the U.S.-so long as the project succeeds. 

Due to a struggling U.S. economy, EB-5 is driven largely by developers who are searching for new sources of funding for their projects. It is also fueled by rising demand from foreigners looking for access to U.S. schools and safe investment in U.S. enterprises. In some cases, like with the Dekker family, Dutch immigrants living in Michigan, the investment guarantees that they will stay together. 

"We love our life here," Judith Dekker told the Washington Post . "We have invested so much money because we want to live here in Michigan. And we don't want to split up our family."

The Dekkers have invested $500,000 in the Marriott Marquis Hotel rising in the District next to the Washington Convention Center. They'll get five temporary green cards in November, and if the project succeeds, in two years they will be permanent residents of the United States. 

The program has a large amount of bipartisan support in Congress, and negotiators from the Senate who are taking part in immigration reform talks have said they are leaning toward expanding visa programs that provide an immediate boost to the economy. On the other side, lawmakers argue that the EB-5 program is like buying citizenship, and that it unfairly allows wealthy foreigners to cut the visa line ahead of others who have waited for years.

Many feel that EB-5 will be a great boost for the nation's economy due to the attraction of investments and the creation of jobs. 

"If you get highly skilled, highly talented immigrants with money, who are paying and committing to things that are positive, I'm inclined to think it's terrific," former Treasury secretary Lawrence H. Summers told the Washington Post.

Obama says immigration bill to pass by this summer

Thu, Mar 28 11:05 AM

Obama said that a new immigration reform could be in place by this summer, if plans go accordingly.

In a statement to Telemundo on March 27, President Barack Obama said that the historic immigration reform bill could be in place by summer of this year, and that any last-minute issues are "resolvable" by Congress. In this immigration reform proposal, Obama has given responsibilities almost entirely to Congress from start to finish, saying that a bill crafted by Capitol Hill stands a better chance of winning Republican support than one overtly influenced by the president. Obama said that he will only step in with his own bill if it's necessary.

"If we have a bill introduced at the beginning of next month as these senators indicate it will be, then I'm confident that we can get it done certainly before the end of the summer," Obama said.

One of the issues that Obama deemed resolvable is the debate over wages for low-income workers. According to Reuters, the issue in question is the distribution of work visas to new immigrant workers and the wages that they will ultimately receive. The proposal stated that these visas will only be issued if they do not drive down the wages of those doing the same job in the United States, but arguments as to what these wages will be is becoming a stalemate in the reform process. A draft proposal is expected to be released when Congress returns from a two-week recess on April 8.

Although there is disagreement between the U.S. Chamber of Commerce and the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) regarding wages, they have reached significant agreements on a new visa program that would bring up to 200,000 low-skilled workers to the country each year, according to Fox News. 

"We're very hopeful that we're moving," Ana Avendano, a lead AFL-CIO negotiator, told reporters after a briefing for congressional staff on temporary worker programs.

Avendano said that the chamber had moved off what she termed as its insistence on "poverty-level wages" for the new workers.

Expedited Visa Process Boosts U.S. Travel

Thu, Mar 21 11:39 AM

Travelers have an easier time visiting the United States from many countries.

Tourism to the United States is booming as several countries are eligible for the visa waiver program. Last year, the Obama Administration made efforts to welcome more foreign visitors to the United States because some foreign-born residents were forced to wait more than four months for a tourist visa, Roll Call reported.

According to travel industry professionals, the number of Chinese tourists to the United States will increase by 13 percent over the next year. In 2012, an estimated 1.5 million China-natives visited the States, partly because of the streamlined visa application process. The American Chinese Tourist Association has been focusing on outbound travel from China since 2008 when both governments agreed to let leisure travelers visit the United States on group tours.

"Visas are government tools to ensure safe and orderly international travel," said Gary Locke, US Ambassador to China, according to the Xinhua News Agency. "And what makes our work worthwhile is the deep and meaningful relationship between our two great peoples. It brings American and Chinese culture together and builds bridges of understanding between us."

The Department of Homeland Security's Visa Waiver Program allows citizens of 36 countries to visit the United States for up to 90 days without a visa. It also eliminates the need for travelers to go through the interview process. As this initiative has boosted travel to the United States, one of the biggest supporters is the U.S. Travel Association, which released a report in 2001 proving that garnering a larger portion of international travelers could increase exports by $390 billion in the next decade.

Although China is not a part of the Visa Waiver Program, Chinese applicants now have only a five day waiting period for visa interview, and the U.S. Embassy in Beijing intends to continue this streamlined process.

Local Chambers Have Voice In Immigration Debate

Wed, Mar 20 3:08 PM

About 40 local chambers joined together to make their voice heard in immigration reform.

Business for Skilled Worker Immigration, a consortium of approximately 40 chambers across the country, has joined in on the debate on immigration reform in effort to gather the opinion of community members and business owners on a national level. The group was started by the Greater Boston Chamber of Commerce, according to the Chicago Tribune.

One of the groups joining the consortium is the Naperville Area Chamber of Commerce, based in the western suburb of Chicago. Cholly Smith, Great Lakes regional manager for the U.S. Chamber, recently visited Naperville to inform the chamber members on recently debated topics in immigration reform and to ensure they are able to voice their opinions. The coalition is pooling information from all of its members to have a cohesive standpoint on the hot-button subject.

In Naperville, business owners voiced their concern on the lack of skilled workers and the difficulty and time period of getting work visas. Mike Evans, president and CEO of the local organization, said the reform needs to address long-term employment and give employers easier access to skilled workers. Smith said the U.S. Chamber shares similar concerns, in addition to securing borders and creating a national standard for employee verification.

The Greater Madison Chamber of Commerce is another member of the group, which hopes to ask Congress to address immigration reform to foster economic development.

"Some of the world's best and brightest come to the Greater Madison region to advance themselves at our globally recognized universities," Zach Brandon, chamber president, said in a statement to the Wisconsin State Journal. "As these foreign nationals complete their education and look to create new opportunities, we send them home to work for companies which compete with Wisconsin businesses. It makes no sense."

Statistics Find Major Gender Bias In Visa Program

Tue, Mar 19 4:09 PM

Statistics found an imbalance in the H-1B visa program.

On March 18, the State Judiciary Committee heard testimony arguing that the H-1B visa program for high-skilled workers is discriminating against women, according to The New York Times. During the 2011 fiscal year, the U.S. Office of Immigration Statistics recorded that 347,087 H-1B visa holders were men and 137,522 were women. This marks the first time in 2013 that lawmakers addressed the gender-inequality issue in the immigration system.

The hearing was devoted to issues that women face during the immigration process, family unification and ways to improve the integration of families and women into the immigration system. The largest imbalance was seen in the science, technology, engineering and math (STEM) fields. According to Contra Costa Times, about 67,000 immigrant men and 39,000 immigrant women were granted green cards last year, a 63-37 percent split.

Karen Panetta, a Tufts University computer engineering professor who was testifying on behalf of the Institute of Electrical and Electronic Engineers, said that companies prefer to hire men over women. In addition to the outdated immigration and visa policies, corporate hiring practices contribute to the issue.

Another major concern is the values of families and the ability to set roots in the country. Proponents believe that allowing individuals with U.S. citizenship to sponsor their extended families could help women and other immigrants become productive and integrated assets to society.

"Family immigration is critical to our economy, and we know that our communities and all Americans benefit when we're able to provide immigrants with an opportunity to set roots," Mee Moua, president of the Asian American Justice Center, said. "We know that siblings provide immigrants an immediate social support system, that is able to help them with child care or if they fall on hard times, or instances where they need some help to start a business."

Budget Cuts Could Effect Visa Wait Times

Thu, Feb 28 10:44 AM

Significant budget cuts could effect U.S. travel visa wait times.

Natives of India, China and Brazil can expect an increase in the wait time to receive a visitor visa to the United States as impending spending cuts have raised concerns among some U.S. officials. The upcoming sequestration on March 1 will cut all State Department budgets, according to Patrick Ventrell​, State Department spokesman, who talked to a group of reporters on February 27. One India News reported that the budget cuts will equal $85 billion in 2013 and $1.2 trillion through 2021.

The United States has had an influx of hiring new consulate officers to accommodate the high volume of individuals who want to come to the country for the first time. This has decreased the wait time for individuals in India, Brazil and China from hundreds of days to only several, which took a lot of effort to make possible, according to Ventrell.

"It is impossible to say exactly how it would impact in each individual country," Ventrell said. "And indeed, as we get closer to this, I'll see what more I can provide for you on sequester would impact this Department, but there's no doubt in my mind and those who look at this closely that one of the areas that there'll be an impact on, obviously, is our ability provide consular services."

People traveling to the United States from these countries help improve the economy significantly, and officials are concerned the budget cuts will create major setbacks in the effort it took to drastically reduce the wait times. In 2011, a deal to increase the debt limit in the U.S. is expected to make it challenging for Congress to take action against the mounting debt. White House officials plan to meet on March 1 to produce a deal to avoid the cuts.

Agricultural Leaders Urge Guest Worker Programs

Wed, Feb 27 11:48 AM

Agricultural coalitions urge a change in the guest worker programs for meat packing and poultry farms.

The agricultural industry is pushing for immigration reform to help create a permanent and stable workforce to harvest crops and work in meat​-packing and processing plants or on poultry farms. According to Reuters, the majority of the 1.5 million agricultural workers in the United States are thought to be undocumented immigrants.

The existing H-2A visa for temporary farm workers allows immigrants to work for 10 months at a time, but dairy farms and meat processing plants are not covered by the program. In 2011, approximately 55,000 H-2A visas were distributed, but there are more than one million workers on fields across the country. These workers play a critical role in keeping the U.S. food supply domestic and improving the economy.

"If we are honest we must admit that Congress essentially left farmers with no choice but to hire undocumented workers, said Zoe Lofgren, U.S. Representative from California. "Let's not fool ourselves."

Mike Brown, president of the National Chicken Council, told Reuters on behalf of the Food Manufacturers Immigration Coalition. The coalition, which is comprised of poultry producers and meat processors, calls for a visa that will be good for at least three years, potential opportunities to apply for visa extensions and an indented path to U.S. citizenship.

The Agriculture Workforce Coalition, which is made up of a dozen farm and landscaping groups, released details for a guest worker program proposal that would allow workers to choose between a three-year and 11-month opportunity. Agricultural workers should also be granted an authorization to commit a minimum five-year set term to work in the industry. Following this time period, they could continue to do labor "under the Ag card" and work toward permanent status. The Ag card gives agricultural workers legal status to work in the United States.

H-1B Petitions Accepted Beginning April 1

Fri, Feb 15 1:46 PM

USCIS will begin accepting H-!B petitions on April 1,2013.

On April 1, 2013, the U.S. Citizenship and Immigration Services will begin accepting new cap-subject H-1B petitions. The quota of 65,000 H-1B visas for foreign nationals and an additional 20,000 for individuals who hold master’s degrees is expected to be exhausted as early as mid-May. Although there is a set 20,000 visas designated for those with a master’s or higher, once those are exhausted, petitions will be taken out of the regular “65,000″ quota. 

Employers who are not willing to miss out on this opportunity will likely send in their H-1B petitions on March 29 to guarantee their paperwork will be stamped by USCIS on the day the filing season begins. The new cap-subject H-1B petitions will start on October 1, 2013. In accordance with the H-1B visa work status regulations, employees must have university-level degrees or equivalent experience.

In previous years, the H-1B visas have been claimed at quicker rates, and this trend is expected to continue. In 2010 they exhausted by January 26,2011; in 2011, by November 22, 2011; and by 201, on June 11, 2012.

Proposed

Wed, Feb 6 1:18 PM

A bipartisan group released a proposed measure to increase the cap of H1-B visas.

The Immigration Innovation Act of 2013, announced by Senators Chris Coons (D-DE), Orrin Hatch (R-UT), Amy Klobuchar (D-MN) and Marco Rubio (R-FL), would increase the cap of H1-B visas from 65,000 to 115,000 or higher. According to Genetic Engineering & Biotechnology News, the bipartisan group’s measure would be for foreign professionals working for biopharmaceutical companies and U.S. tech employers.

The measure also states that if the cap is reached within 45 days after petitions are accepted by businesses to hire immigrant workers, the cap will increase by 20,000. That number decreases after 60, 90 and 185 days to a cap of 15,000, 10,000 and 5,000 H1-B visas, respectively.

The visa cap applies to private biopharma​ceutical and tech companies, but it excludes non-profits such as research institutions or universities. Because the demand for biological and life scientists is so high, the increased visa cap will allow businesses to hire the best candidate for the position, whether he or she is a foreign-native or U.S. citizen.

“People don’t like to put their lives on hold, whether they’re from outside the United States or the United States. If you know you’re stuck for the next four to nine years, basically in the same job, it makes it really unattractive to immigrate to the United States,” Edward Litwin, founder of an immigration law firm, told GEN. “It’s the private companies that are really struggling. That may be a strong term, but they want the best person. And if the best person happens to be from India or from England, they want to hire that person.”

This measure was introduced almost immediately following President Barack Obama’s speech on the need for immigration reform on Jan. 29, and one day after the release of the immigration outline from a group of eight senators.

Understand Fianc

Tue, Feb 5 2:19 PM

Know the basics before applying for a fiance visa.

There are several ways for a U.S. citizen to bring his or her foreign fiancé to the United States, but each type of visa has different requirements. It is important to understand the eligibility criteria and required documents before applying for an immigrant visa for a fiancé.

A dual intent visa, or K1 and K2 visa, is issued to the fiancé of a U.S. citizen. With this visa, the immigrant partner is required to marry the U.S. citizen partner within 90 days of entering the country, and adjust his or her status to that of a permanent resident. If the foreign-born individual has children, he or she can apply for a K2 visa that permits unmarried children to enter the United States. To apply for a K1 visa, one must file a petition on behalf of the fiancé with the United States consulate.

The K3 and K4​ visas allow the spouse of a U.S. citizen (non-resident) to waive approval from the United States Citizenship and Immigration Services on the U-130 petition and enter the country. The K4​ visa can be applied to unmarried children under 21 years old. To be eligible, one must have had a valid marriage with a U.S. citizen, filed an I-130 form and earned approval on the I-129F form. Individuals applying for this visa should expect to wait about eight months to receive it.

One must have a valid passport, birth certificate, medical examination and police certification from all places of residence since the age of 16 to apply for the K3​ visa. The visa sponsor must have completed and signed the I-130 form,  as well as the G-325A biographic data sheets, have evidence of citizenship and have proof of a relationship.

The IR1/CR1 visa requires a couple to be married before applying, but does not require AOS or AP to travel or EAD to work.

Obama Calls For Startup Visa Program

Fri, Feb 1 1:36 PM

President Obama calls for a visa start up program for young entrepreneurs.

On January 29, President Obama called on Congress to create a visa category for immigrants who launch successful startup companies. A few days prior, officials in Canada announced that they launched a comprehensive startup visa program, reaping the benefits of the outdated immigration policies in the United States.

The need for a start-up visa is pertinent for the United States to stay competitive on a global scale. This would allow immigrants who have founded startups to live in the United States as long as they are able to raise a low level of financing and employ workers. According to The Huffington Post, foreign-born entrepreneur Asaf Darash faces deportation after studying at the University of California, Berkeley, and launching a startup in San Francisco because of the low number of green cards available. Unfortunately, this story is not rare and many graduates are forced to take their talents to other countries.

“Right now in one of those classrooms there are students wrestling with how to turn their big idea – their Intel or Instagram – into a big business,” Obama said in a speech in Las Vegas. “We’re giving them all the skills they need to figure that out, but then we’re going to turn around and tell them to start that business and create those jobs in India or China or Mexico or someplace else. That’s not how you grow new industries in America. That’s how you give new industries to our competitors.”

Canada’s startup program will enable immigrant entrepreneurs to launch innovative companies that will boost the economy and create jobs, as well as provide those individuals with assistance in the challenging Canadian business environment. The program will also provide private sector firms with a broad access to the world’s brightest minds.

Immigrants Gain Employment To Gain Experience

Thu, Jan 31 2:59 PM

An H2-B visa program find employment for immigrants in the U.S.

Alex Gomez, 23, hopes to one day own his own Cuban restaurant in the United States. In the mean time, however, he is getting food service industry experience at the KFC in Minot, North Dakota. Gomez received his job through an H2B visa immigration program that employs individuals from around the world in entry-level positions, according to the Minot Daily News.

Global Employment Services, headquartered in Maine, connects immigrants and U.S. citizens with employment opportunities in businesses throughout the state. The company relocates individuals who are willing to move from areas with high unemployment rates to those with more opportunities for employment. 

Employers in Minot previously relied on the J-1 visa program, which allowed foreign students to work and make money during their stay in the United States, but was discontinued last fall.

“The J-1 students are great, also,” Becky Beechie, a restaurant owner, told the Minot Daily News. “That’s been a wonderful program. But every three months you are retraining. So this is a little bit more permanent solution, and we hope that with these employees, it works out that they want to stay with us indefinitely.”
 

Know The Basics Before Applying For A U.S. Visa

Thu, Jan 31 2:38 PM

Understand the basics of applying and interviewing for a U.S. student visa.

Traveling from India and South Asia to study abroad in the United States can be challenging, and many students may wonder how to apply for a visitor visa to the United States. Applicants need to obtain a student visa from the U.S. embassy in their area, which will cover a trip to pursue full-time education at either the graduate or undergraduate level.

The B-2 visitor visa is primarily for students who are traveling to the United States for tourism and wish to take a short course at a local college or university. The student visa is for individuals who will be enrolled in school full-time. There are very specific requirements for applicants, which include acceptance at a school, sufficient funds to attend school, preparation for the course of study and intent to return back to their country of origin after completing the program. These qualifications are determined by the consular office.

Before going to the student visa interview, there are several forms and procedures that need to be completed. The DS-160 form must be completed and a confirmation page with the barcode should be printed around. {reword: seems like a word is missing at the end} A payment needs to be made for the visa application, as well as an online payment for the I-120 form issued by the institute where one is pursuing his or her course of study. An I-901 fee must also be made through the U.S. Immigration and Customs Enforcement website.

During the interview process, one must have a valid passport on hand, as well as any previously issued passports. Other required items include the student’s most recent passport sized photo, a DS-160 confirmation page with bar code, bank receipts with necessary fee transactions, a VFS appointment letter, an I-120 form, and original proof of education, identity and address.
 

UAE Residents Taking Interest In Investor Visa Program

Tue, Jan 22 4:00 PM

Middle Eastern investors are among the top applying for a EB-5 visa.

Citizens of the United Arab Emirates with at least $500,000 to invest in a company without borrowing funds may be able to secure an EB-5 visa, which is an investor class of the United States green card. According to Phoenix Fox News affiliate KSAZ, the U.S. Citizenship and Immigration Services Immigrant Investor Program also recently saw a record number of applicants from Mexican Immigrants.

The program has become an increasingly popular option for UAE residents looking to gain U.S. citizenship. Iranians, Pakistanis Indians, and Arab expatriates from Jordan, Lebanon, Egypt and Syria have shown the highest demand for the visa. Currently, the Middle East shows the second-largest source of investment and entrepreneurial interest.

“The U.S. government is helping them leave Iran faster and come to the U.S. faster,” Armand Arton, chief executive and president of Arton Capital, told The National. “The UAE is becoming a hub for wealthy citizens from problematic countries who go on to migrate to other countries.”

Individuals who are applying for the visa are seeking a better future, better education for their children and a safer environment for their entire family. Green cards are typically given out as part of a lottery, but the investor green card is an expedited process. Investors can receive a green card in 18 months, and after 21 months of living in the states, they can apply for a new green card. Once they’ve been in the country for five years, they can be granted U.S. citizenship.

According to The National, the application process will cost an additional $65,000. Sam Bayat, managing director of Bayat Legal Services, told the publication that because Canada’s business immigration program has been closed for two years, the price tag is fairly low. Once Canada opens back up, he expected the price to increase.

Debate Continues Over H-1B Visas

Mon, Jan 21 4:55 PM

Companies like Microsoft are speaking out about H-1B visa policies.

Microsoft reported last year that it had roughly 6,000 job vacancies that could not be filled because of the lack of STEM graduates in the United States. The technology company raised concerns about increasing education standards because of this issue in 2012, and began to lobby for a change to the current H-1B visa immigration work programs.

The current H-1B visa polices gained some criticism because immigrants are often forced to seek sponsorship if they are planning to establish their own startup, according to the Silicon Valley Business Journal. In 2008, 404,907 immigrants applied for an H-1B visa, but only 65,000 can be given out, in addition to another 20,000 that are allotted for individuals with a master’s degree or higher.

“Our immigration policy must expand the avenues for these valued workers to seek legal employment,” said Antonio Villaraigosa, mayor of Los Angeles. “The president has suggested, let’s staple a green card to the diplomas of foreign students getting advanced degrees in science, technology, engineering and math. We need to expand the H-1B visa program, and at the same time, we need effective visa programs for agricultural workers and low-skilled non-seasonal workers.”

The need to find skilled workers is not only pertinent to the growth of companies like Microsoft, as pushing jobs out of the country can further stifle the economic growth and competitiveness of the workforce in the United States. H-1B visas are expensive for companies. Employers who hire more than 26 visa employees must pay $1,500. However, Microsoft suggested an increased fee for businesses who want H-1B visa employees, and the money invested could be used to train U.S. IT graduates.

Indian Natives MayBypass Interview Process

Wed, Jan 16 2:22 PM

Some Indian natives can bypass interview process during the visa application.

In2011, a record number of Indian natives visited the United States, according to TheEconomic Times. This has prompted the Obama administration to exempt certain applicants from having to appear for personal interviews during the visa process through the Interview Waiver Program.

The record of travelers, 660,000 Indian-native visitors, is expected to increase to more than a million in 2015. The U.S. Department of State implemented the Interview Waiver Program because of the increase of travel, as well as the welcoming natureof U.S. residentsand strong relationship between thecountries.

The United States is one of the top MICE – meetings, incentives, conferences and exhibitions – destinations in the world because of the abundance of amenities foundnear convention centers, including shopping, restaurants, travel options and tours.

“Travel and tourism to the U.S. is an important way for us to expand our cultural and commercial ties and increase trade with countries,” Nancy Powell, U.S. Ambassador to India, told The Times.”But most important aspect of travel and tourism is not dollar figures, but the person-to-person relationships that are cultivated.”

On January 14, U.S. consular staff in India reported that H1-B visasand other category​-H visas will be issued at a higher rate, according to Workpermit.com.The main category that Indianatives apply for is theH1-B visa, which isgranted to highly skilled graduates in STEM fields, orscience, technology, engineering and mathematics.

The amount of L-1 visas, a non-immigrant visa used to enter the United States for work, granted to India natives has decreased by a few thousand; however, the number of category-H visas rose from 114,000 in 2011 to 130,000 in 2012. This is one of the main reasons why the numberof visas given out has changed categories. H1-B visas arecapped at 65,000 withanother 20,000 designatedfor individuals withmaster’s degrees.

U.S. Congress Set to Debate Israeli Visa Exemption

Fri, Jan 11 8:34 PM

Israel citizens hope to be able to visit the United States without a visa.

Members of Congress will soon debate a new bill – the Visa Waiver for Israel Act of 2012 – that would exempt Israeli citizens from needing a visa to enter the United States for up to 90 days for tourism or business purposes. Currently, the Visa Waiver Program allows citizens of 37 countries to visit the United States without a visa, including western and central European countries, Japan, Singapore, Taiwan and Australia. The United States Congress is set to vote on the bill on January 15, and if it passes, it will eliminate the need for Israeli citizens to know how to apply for a visitor visa to United States.

Efforts have been made in the past to add Israel to the Visa Waiver Program list, but these measures were rejected in the Senate. The new bill was drafted by Ted Poe (R-Texas) and Brad Sherman (D-California), and signed by 25 other members of the House of Representatives. Senator Ron Wyden (D-Oregon) will propose the bill to the Senate. Sherman, the senior member of the House of Foreign Affairs Committee, introduced the bill in May 2012.

Since 2005, Israel has sought admittance into this program; however, because Israelis' entry visa rejection rate is more than 3 percent and not all citizens have biometric passports, the country has not been added. Israeli officials have also urged the United States to enforce a more thorough security check for U.S. citizens of Palestinian origin who enter the Jewish state.

"I’m pleased to join with my colleagues Ted Poe, Ileana Ros-Lehtinen and eleven additional members of Congress to introduce the Visa Waiver for Israel Act," Sherman said after the introduction of the bill. "Israel is our closest friend and democratic ally in the Middle East. Adding Israel to the Visa Waiver Program will boost business, tourism, and job creation here in the US and enhance cultural ties between our two nations."

Indian Applicants Can Now Check Visa Status Online

Fri, Jan 11 8:30 PM

Indian applicants can check their status of a U.S. visa online 24 hours a day.

Indian citizens who apply for U.S. immigration visas can now check their status online, according to a statement from the U.S. Consulate General in Kolkata. The US Mission in India, a sector of the Embassy of the United States, stated that the US Department of State's new system will offer better customer service 24 hours a day and continued transparency during the application process.

The new Consular Electronic Application Center (CEAC) Status Check is available for both immigrant visa (IV)  and nonimmigrant visa (NIV) applicants. Individuals need their CEAC barcode, and the interview location for NIV cases or the case number for IV cases, and the CEAC will deliver the status of their application. For NIV applicants, the status will either be "no status," "ready," "administrative processing," "issued" or "refused." IV applicants will have a status of "ready," "administrative processing," "issued," "expired," "expiring soon," "return to NVC," "transfer in progress" or "refused."

This initiative is coming at the heels of several other enhancements, including off-site fingerprinting and photography services and the expanded Interview Waiver Program. The combination of these initiatives is an effort to allow more people to apply for visas in the future, streamline customer service and improve travel between India and the United States.
 

Highly Skilled Graduates Forced Out After Americans Foot Tuition Bills

Thu, Jan 10 11:08 PM

Some highly skilled graduates are forced out of the country after their student visa expire, but high tech companies are urging legislation to change to allow more STEM workers.

An annual cap on the number of U.S. work visas issued to thousands of immigrants with advanced degrees causes many to face the possibility that they will be forced to leave the country. Kazeem Olanrewaju is one of the immigrants suffering the consequences of this rule, and is scheduled to be deported from his beloved home of Iowa this summer with a doctorate degree in chemical and biochemical engineering in hand, The Des Moines Register reported.

Olanrewaju, 38, came to the United States eight years ago with an ambition to offer his skills to a nation in desperate need of skilled workers. The Nigerian native holds an expiring student visa, and hopes to one day receive an H-1B visa. Congressional leaders and President Barack Obama have stated their concerns with immigration laws and have pledged to address policies in 2013.

Reform advocates believe that pushing graduates like Olanrewaju out of the U.S. would hurt the economy because there is already a shortage of STEM workers – those in the fields of science, technology, engineering and mathematics. Olanrewaju received a full scholarship to earn his master's and doctorate degrees at the University of Iowa, which totaled $149,500 in tuition and fees. American taxpayers paid a bulk of the costs.

"I don’t think it’s wise or makes any sense to spend that kind of money on someone, then leave them to struggle for themselves," Olanrewaju told The Register.

Leaders at the International Society for Optics and Photonics support fast-tracking a U.S. visa legislation that would allow individuals like Olanrewaju to receive a visa. The SMART (Sustaining our Most Advanced Researchers and Technology) Jobs Act of 2012 and the STEM Jobs Act of 2012 are two bills that were designed to allocate visas for foreign born students with graduate degrees in STEM subjects.

The STEM Jobs Act was passed by the House of Representatives in November, but was halted because it would eliminate a number of visas in the diversity lottery that enable low- and high-skilled workers an opportunity to gain a visa.

Changes in U.S. Visa Applications Affect Russia, Azerbaijan

Thu, Dec 27 6:32 PM

Several countries will have new procedures for applying and obtaining U.S. visas. Several overseas countries are changing their process for applying and obtaining a U.S. visa. Azerbaijani and Russian citizens are among those who have or will experience changes of the process.

Citizens of Azerbaijan are now able to pay for their U.S. visa via a credit card payment during the online registration for an interview. This process, which went into effect on December 27, allows applicants to skip the next stage of the procedure, and go right to choosing the date and time for an interview at the embassy. According to News.Az, the first interview will begin on January 3.

In Russia, individuals seeking a U.S. visa will now have a lower consular fee starting on January 1, 2013, according to the Information and Press Department of the Foreign Ministry. Russian citizens applying for a B1/B2 visa will not have a reduced fee, which is for business travelers.

"We are very pleased to be able to say that the parties' agreement to reduce consular fees completely corresponds to the mutual desire to simplify visa formalities for our countries' citizens," the Foreign Ministry reported according to the Moscow News. "We hope that this will promote economic, cultural, academic and humanitarian relations between Russia and the United States and will be a significant step towards the further liberalization of our bilateral visa regime, eventually leading to its full cancellation."

On August 29, the U.S. Embassy in Moscow also released a statement that Russian and American travelers for business or tourism would be eligible for multiple entries during a period of 36 months. During this time, the fee for Russians entering the United States was reduced from $100 to $20 for business or tourism. 

Visa-Waiver Program Offered in Taiwan

Tue, Dec 11 10:27 AM

Travelers from Taiwan can now apply for a visa-free program. A new U.S. visa program was implemented successfully for Taiwanese nationals, according to the Taipei Times. Taiwan was admitted into the US visa-waiver program on November 1, allowing business travelers and tourists who don't hold e-passports to obtain U.S. visas. This new program will allow individuals coming to the United States to travel multiple times of up to 90 days over a two-year period.

Americans have long been able to fly to Taiwan without a visa, but this new program is the first opportunity for Taiwanese to come to America without a visa. Bruce Linghu, director-general of the Ministry of Foreign Affairs' Department of North American Affairs said that that US travel authorization of applications have a 99 percent approval rate, and the few cases when individuals were not approved were often because they lied about previously being denied a US visa.

Linghu urges individuals who are applying for the program online to be honest. However, some Taiwanese travelers were rejected for trying to visit for purposes other than tourism or business.

Taiwan and the United States are also planning to discuss the Trade and Investment Framework Agreement, which was signed in 1994 as an outline for trade-related issues, but discussions were halted in 2007.

In November, eTravel Blackboard reported the overwhelming demand for Taiwanese travelers wanting to come to the United States after the announcement of this program.

“When Taiwan was included in the Visa Waiver Program, we originally estimated a 50 percent growth in November and December, but the number has already increased by two to three times,” Lion Travel Service spokesperson Andy Yu told Channel News Asia.

This year, Taiwan became the 37th nation to be granted visa-free travel to the United States. 

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Saudi Arabian Women Receive Victim Visas

Mon, Nov 19 12:43 PM

Saudi Arabian women who came to the United States on student visas were recently granted victim visas to ensure their safety.After heated arguments with male family members back home, five Saudi Arabian women living in the United States recently replaced their student visas with victim visas. Women and children may be eligible for the visa if they've been the victim of a crime, such as sexual harassment, rape, human trafficking, torture or abduction, according to The News Tribe.

When these women are granted a changed status, their newfound feeling of safety comes at a price. They are no longer eligible to receive economic support from Washington D.C.'s Saudi Cultural Bureau. While the embassy and SCB try their best to fix family and spousal issues peacefully, these efforts often go unresolved and the victim visa serves as a last resort, the source reported.

"Many of the girls argue that they do not feel safe going back to their husbands or to their families in Saudi Arabia, so they opt for giving up their student visas and the financial assistance provided by the Saudi government and apply for the victim visa which allows them to stay in the U.S. and receive assistance," an unnamed source told the source.

Women come to the United States from Saudi Arabia to study in American universities. As this decision is controversial in the home country, many feel their safety will be compromised if they return home. To protect these women, the United States government allows them to remain in the U.S. and often provides assistance in looking for a job, academic scholarship and money for food and shelter.

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Iranian Athlete Denied “Extraordinary Ability” Visa

Fri, Nov 16 5:09 PM

The Immigration Act of 1990 created a category of work visas for individuals who show "extraordinary ability" in the field of science, arts, education, athletics or business, and receiving such a visa requires a high level of prestige, like winning a Nobel Prize. However, when Afshin Noroozi, Iran's first table tennis Olympian, applied for an extraordinary ability visa, United States Citizenship and Immigration Services denied his case, according to Jere Longman's recent article in The New York Times.

Noroozi sought the visa based on his status as a top international player, which is usually sufficient for preferential entry of this kind. While Noroozi is the best table tennis player in Iran, he finished 65th at the 2008 Olympic games and is ranked No. 284 in the world. The court's decision has experts questioning what credentials an athlete must hold to be granted a visa.

"Hopefully the government will change its stance and be more liberal in attracting talent," John Assadi, Noroozi's lawyer, told the source. "Even if he is not first or second in the world, he would be able to contribute in the United States. Why they want to keep him out, I don't know."

USCIS cited many reasons for denying Noroozi's application. Officials claim he did not establish himself as a singular talent or demonstrate his leading or critical role in Iranian table tennis, and his achievements were not sufficiently reported by major news publications. In his application, Noroozi was unable to prove how his presence would potentially benefit the United States, the source reported.

If the court does not repeal the decision, Noroozi and Assadi will consider filing an appeal.

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Filipino Woman Earns T-Visa as Human Trafficking Victim

Wed, Nov 14 3:00 PM

USCIS recently awarded a Filipino woman a T-visa after she was the victim of human trafficking.The United States Citizenship and Immigration Service recently granted a non-immigrant T-visa to a Filipino woman who claims to be a victim of human trafficking, according to GMA News Online.

Jacqueline Aguirre was hired to work for the Best Care Agency in New York, but when her H-1B paperwork was approved, the company did not pay her the $19-an-hour rate they promised. When she questioned why she was not receiving the prevailing wage rate, employers told Aguirre that they would discontinue sponsorship on her visa if she did not agree to the lower wages. Without sponsorship, she faced deportation from the United States.

When Aguierre's green card was denied, she was automatically placed in deportation proceedings. She decided to take legal action against the company, and through her claim, earned a T-visa.

"This is a proof that victories can be achieved if we fight for it," Aguierre told the source. "I spoke up against the injustice done to me, so other people heard and helped me through this ordeal."

Human trafficking is a form of modern-day slavery in which traffickers lure in individuals under false pretenses of a better life and steady employment. Created in 2000 under the Victims of Trafficking and Violence Protection Act, the T-visa was designed to allow human trafficking victims to remain in the United States to assist in the investigation and prosecution of their traffickers, according to USCIS.

The T-visa allows an individual to stay in the U.S. for up to four years, and deems him or her eligible for legal employment. When the period expires, the individual can apply for legal permanent resident status and bring family members to the United States.

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Documentary, Report Shed Light on U.S. International Students

Tue, Nov 13 3:04 PM

Policymakers are looking for ways to help international students work in the United States upon completion of their higher education degrees.A new documentary entitled "Will Work for Words" premiered at the Virginia Film Festival, and explores the difficulties that international students have while trying to find a job after graduation, according to Inside Higher Education.

The filmmaker, Ayşehan Jülide Etem, is an international student from Turkey who is currently pursuing her third degree in the United States. After noticing problems with the United States' policies toward foreign students, she decided to shed light on the issues to help make a difference.

Leaders in business and higher education have noticed the problems as well. In the past few years, they've begun lobbying for expanded opportunities for students who complete their university degrees in the United States and wish to work here after graduation. They wish to mirror the visa programs that other western nations use to attract graduate students to put their education and talents to work to benefit the national economy, the source reported.

A new Partnership for a New American Economy report called for new categories of green cards for foreign students with STEM degrees and foreign entrepreneurs who wish to start a business in the United States, as well as an increased number of H1B visas for highly-skilled foreign nationals seeking legal entry into the country. A letter accompanying the report was signed by the presidents of 166 American universities, and called on government officials to reform these policies.

"After we have trained and educated these future job creators, our antiquated immigration laws turn them away to work for our competitors in other countries," the latter read. "Low limits on visas leave immigrants with no way to stay or facing untenable delays for a permanent visa."

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Mexican Family Receives Extended Visa for Medical Treatment

Mon, Nov 12 5:38 PM

A nine-year-old boy from Mexico will receive medical treatment for mixed venous lymphangioma at a U.S hospital.A nine-year-old boy from Ciudad Juarez, Mexico, was recently granted an extended visa to obtain medical treatment for a massive tumor growing on his neck. The family was originally given a 45-day visa, but when word of Jose's condition reached New Mexico Governor Susana Martinez, she was able to urge federal customs officials to extend their legal stay in the United States. 

Jose and his parents will be able to travel back and forth between Mexico and New Mexico for up to a year so he can undergo a series of surgeries to treat mixed venous lymphangioma. Doctors at the University of New Mexico Hospital will remove the large fluid build-up from Jose's neck, but he will still keep a permanent residence at home in Mexico.

"That way he can come back here for treatment and go back home so he can go to school," said Denise Gutierrez, victim assistance coordinator for Homeland Security Investigations. "I refused to believe there was nothing we could do for this boy."

The University of New Mexico Hospital and First Baptist Church of Rio Rancho have joined together to pay for Jose's medical treatment and the family's stay in the United States.

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Thousands Still Waiting for CW-1 Permits

Fri, Nov 2 3:37 PM

Residents in the Commonwealth of the Northern Mariana Islands are anxiously awaiting USCIS approval of their CW-1 visas.Under the Consolidated Natural Resources Act of 2008, the United States Citizenship and Immigration Services created a new transitional work visa solely for residents of the Commonwealth of the Northern Mariana Islands. However, 37 percent of the 12,428 workers who petitioned for a visa last year still have not received them, according to the Saipan Tribune.

Residents of the Commonwealth of the Northern Mariana Islands who have applied for the program are concerned that they will have to apply for an extension of their parole in place because USCIS will not offer an automatic extension for pending CW petitions.

"Without automatic parole extension, everyone with expired or expiring parole have to go over the extension process again when it is not them that caused the delays in the first place," Carlito Marquez, a CNMI citizen, told the source. "If the December 28 deadline is not met again, USCIS will again require them to extend; why not just automatically extend their parole since it's not their fault that their CW petitions have not been granted yet?"

As of October 23, USCIS had granted the CW-1 permits to approximately 7,800 workers, but many others with pending petitions were subjected to a "request for evidence" and are still waiting for responses from their employers. More than 300 petitions have also been denied for various reasons, including an employer withdrawal or abandonment, absence of evidence that the employer meets visa eligibility requirements or insufficient evidence that the beneficiary was in the CNMI when the petition was filed, according to the source.

USCIS hopes to adjudicate all existing petitions by December 28, 2012.

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U Visa Applications Spike in California

Mon, Oct 29 1:40 PM

The U visa program offers a temporary work permit for undocumented crime victims who are willing to help authorities in the investigation.Across the United States, immigration officials have noticed a significant increase in the number of U visa applications. The Oakland Police Department in Oakland, California, processed 502 applications in 2011, which is a mind-blowing jump from the three applications processed in 2007, according to a recent NBC Bay Area news article.

The U visa, or U nonimmigrant status, was created in 2000 under the Victims of Trafficking and Violence Protection Act. Designated for non-citizen victims of crime who are willing to assist local law enforcement officials in the prosecution of their case, the U visa strengthens police efforts to solve cases of sexual assault, domestic violence, trafficking of aliens and other crimes, according to USCIS.

When the visa is awarded, the individual receives a work permit and will be eligible to apply for permanent residency after four years. While immigration rights advocates are very happy with the program, authorities say there is still a problem breaking down the barriers of victims who are hesitant to seek help after a crime.

"We offer U visas as a way to assure them that they don't have to have any fear of us trying to get them deported out of the country," Johnny Davis, Oakland police captain, told the source. "We want to help them solve their crimes."

The Oakland Police Department has experienced decreasing staff numbers, but officials here have expanded the resources for the U visa program because they believe it builds crucial trust with the community. If undocumented immigrants do not feel safe coming forward, criminals will walk free and continue to cause problems for local residents, the source reported.

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Afghan Allies Protection Act Has Yet To Keep Promise of US Visas For Interpreters

Thu, Oct 25 3:24 PM

Afghan interpreters who aid the U.S. army are eligible for U.S. visas under the Afghan Allies Protection Act.In 2009, the Afghan Allies Protection Act allocated 7,500 visas for citizens of Afghanistan who served as military interpreters for the U.S. government. As they had sided with the United States during the war, many of these individuals will be targeted by the Taliban after U.S. troops withdraw from Afghanistan, according to Kevin Sieff's recent Washington Post article.

When the Afghan Allies program was created, Congress noted the urgency that fueled the legislation. However, although more than 5,700 Afghans have applied for the U.S. visa, only 32 have been approved to date. The U.S. Embassy in Kabul's visa office is severely understaffed, which has led to some interpreters having to wait years before hearing anything from the State Department about their visa status.

"We didn't plan for an increase in staffing or resources … and there was a pent up demand," an anonymous U.S. embassy official told Sieff. "It's absolutely a top priority for us now."

Many interpreters use American names as aliases when working in the field, and are still optimistic about someday having the opportunity to move to the United States.

Even so, U.S. military officials are frustrated that these courageous individuals have not received consideration at a faster pace. According to the source, the program was implemented when the U.S. began withdrawing troops from Iraq in 2010, and officials hope that interpreters will not have to wait until 2014, when all troops are expected to withdraw, to get their promised visas.

Approximately 400 Afghan interpreters have obtained visas through different immigration programs, but that option may no longer be available. When the Afghan Allies legislation was implemented in 2010, many of the other programs stopped offering their services, the source reported.

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Foreign Investors Turn To US Charter Schools for EB-5 Visa

Thu, Oct 18 2:37 PM

Wealthy foreign families are investing in American charters schools to obtain EB-5 visas.Financial analysts have raised concerns about the stability of U.S. charter schools, with many being shut down by regulators for poor performance. This volatility has made it difficult for startup schools to find funding, which has led to an influx of foreign investors stepping in to fill the gap, according to a recent article from Reuters.

Wealthy families in China, Nigeria, Russia and Australia are offering millions of dollars to United States charter schools to help build classrooms, libraries, laboratories and sports venues. Investing the money allows foreign nationals to qualify for an EB-5 temporary work visa and bring themselves and their families to the United States. If the venture is successful in creating 10 jobs in the first two years, the family will become eligible for permanent residency, reported Reuters.

“The demand is massive – massive – on the school side,” said Greg Wing, an investment advisor and founder of the Education Fund of America told the source. “On the investor side, it’s massive too. It’s going to be explosive.”

The visa is becoming more controversial, as critics, led by teachers' unions, believe it diverts essential funding away from local public schools that do not have sufficient resources at their disposal.  The recent issues with U.S. charter schools make the investment a dangerous endeavor, as in the past, immigrant investors have lost their money and potential U.S. citizenship when their American partner failed to reach standards or expectations, reported the source.

Despite the risk, interest in the investment is rapidly increasing. The Department of Homeland Security reported that United States government approved petitions from 3,000 foreigners in the first nine months of 2012, which is nearly double the number of petitions for 2011 as a whole, according to Reuters.

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Cuba Modifies Long-Standing Travel Regulations

Tue, Oct 16 4:49 PM

The Cuban government recently modified travel regulations for the island's citizens.After decades of strict entry and exit rules, the Cuban government recently announced that it will modify immigration regulations. Citizens were previously required to obtain a letter of invitation from a destination country and an exit visa to leave Cuba before being allowed to travel for business or pleasure.

This marks a huge step for the communist-ruled country, as most Cubans will now simply have to show their passport, national identity card and travel visa to visit countries abroad. However, many may still find it difficult to obtain tourist visas in the United States and other countries. Several governments around the world believe Cuban citizens will use the visa to flee the island and not return home.

“The changes also mean that Cuba now gives its citizens more freedom to travel to the United States than the U.S. gives its citizens to travel to Cuba,” said John McAuliff of the Fund for Reconciliation and Development.

The United States currently accepts approximately 20,000 Cuban immigrants each year, most of whom come to the United States to reunite with family members. U.S. officials have an arrangement nicknamed the “wet foot, dry foot” policy for Cuban nationals arriving by water. The policy works under the idea that individuals who manage to reach the United States without being intercepted at sea will be granted proper paperwork, but those found on the water before touching U.S. soil will be picked up and returned back to the island.

Cuba's new policy will begin on January 14, 2013.

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H-1B Visa Quotas Negatively Affect U.S. Foreign Work Force

Fri, Oct 12 2:04 PM

H-1B visa quotas are limiting the number of international skilled workers that can come to the United States.The United States is experiencing a shortage of skilled workers in the science, medicine and computer technology fields. Many companies and organizations wish to hire qualified international workers to fill these positions but are halted by the difficulty in maintaining proper paperwork and permission to bring foreign nationals into the United States.

The United States Citizenship and Immigration Services created the H-1B visa for foreign-born individuals who wish to work in a specialty occupation in the United States. To meet the criteria, a job must be so complex or unique that it can only be held by an individual with a bachelor’s degree or higher, the USCIS website explained. However, strict regulations often hinder qualified individuals from obtaining H-1B visas and making important contributions to the U.S. economy.

The U.S. government caps the number of H-1B visas issued annually at 65,000, as well as another 20,000 for foreign students who earned a master's degree at an American university. In 2012, the government exhausted the quota by June, making U.S. companies unable to sponsor individuals for international work visas for the rest of the fiscal year, the Buffalo Law Journal reported.

“No matter who you talk to in the employment immigration field, they will tell you the main challenge in the employment immigration field is the H-1B quota,” Frank Novak, an immigration expert, told the Journal. “I consider the H-1B to really be the backbone when we think about how to bring people into the United States to work. But the quota has made it challenging for many foreign nationals to work here.”

This article is brought to you by Immigration Direct, a trusted resource for matters related to the government’s deferred action program. Take the Free Deferred Action Eligibility Quiz online today.

Hong Kong Angered over Taiwan?s New U.S. Visa-Waiver Status

Wed, Oct 10 9:04 AM

After the United States added Taiwan to the visa-waiver program, residents of Hong Kong were left wondering why they had not been chosen for consideration.After the United States added Taiwan to the list of countries whose residents can travel to the United States without a visitor visa, many citizens of Hong Kong were angered for not also being chosen for the visa-waiver program.

“It’s disappointing, because we’ve been asking for it for quite some time, and they still won’t give it to us,” Joseph Tung Yao-Chung, executive director of the Travel Industry Council, told the South China Morning Post. “We behave well, never cause trouble and spend handsomely, so why do they give it to Taiwan and not Hong Kong?”

Although the American Chamber of Commerce has been lobbying the U.S. Department of Homeland Security for consideration in the program for more than five years, the decision was made to continue the United States’ commitment to maintaining relations with Taiwan, according to NBC News. United States officials did not meet with Hong Kong officials before making the controversial announcement.

Immigration experts like Richard Vuylsteke, the Chamber’s president, said they believe Hong Kong’s problem lies in mainland China.

“It’s not for lack of trying,” Vuylsteke told the Post. “All of the reasons Taiwan was approved … Hong Kong is also very strong in. My private speculation is they don’t know how to handle mainland Chinese with Hong Kong resident status. Of course, Taiwan is not one-on-one equivalent. It has a different kind of status.”

The U.S. consulate in Hong Kong continues to lobby for approval, but cannot estimate when they will be able to meet all of the requirements of the program.

This article is brought to you by Immigration Direct, a trusted resource for matters related to the government’s deferred action program. Take the Free Deferred Action Eligibility Quiz online today.

Preparing For The K-1 Visa Application Process

Mon, Oct 8 4:17 PM

Before applying for a fiancee visa, it is important to understand the most common mistakes couples make during the process.In the United States, the K-1 visa allows foreign nationals to move to the United States to marry his or her U.S. citizen fiancée. Also known as the fiancée visa, the process for getting approved is very in-depth and can be sidetracked by the slightest mistake. Staying informed throughout the application process and understanding the major pitfalls couples face will provide the greatest chance of receiving approval, according to U.S. Politics Today.

The most common reason that fiancée visa petitions are rejected is that they are submitted incomplete. With many strict eligibility requirements, including intention to marry within 90 days of acceptance and proof that the couple has met in person at least once in the two-year period surrounding the petition, many couples do not supply sufficient documentation to create a legitimate case, as outlined on the USCIS website. When applying for a K-1 visa, make sure to carefully look at the USCIS website to understand what information is required for approval.

After an initial application is reviewed, the next step, an interview with the U.S. consulate, is considered the most important part of the process. The couple meets with immigration officers who ask about the partnership to look for inconsistencies and sham marriages. Questions cover the nature of the relationship and knowledge about the partner’s life history to ensure that there is a legitimate romantic relationship, according to immigration experts. To avoid a rejection, U.S. Politics Today suggests meeting with an immigration lawyer who can help deconstruct and explain the interview process and ensure that the couple feels comfortable when being questioned.

This article is brought to you by Immigration Direct, a trusted resource for matters related to the government’s deferred action program. Take the Free Deferred Action Eligibility Quiz online today.

New Hampshire High School to Offer Student Visas

Mon, Oct 8 11:36 AM

Bow High School will offer student visas to foreign students to increase diversity and revenue.Bow High School in Bow, New Hampshire, received federal government approval to issue visas to foreign national students, according to the Concord Monitor. BHS joins other private institutions in the United States that offer student visas to increase diversity and revenue.

Under the program, the school will have prospective international students apply directly to the school district for acceptance, the source reported. In the past, Bow High School would usually take in three international students per year through for-profit programs, but these students would not pay tuition. The new visa allowance opens up the school to more international students who will pay tuition and room-and-board fees.

“It really piqued our interest,” said John House-Myers, principal of Bow High School, told the source. “Because the idea of having tuition-paying students come in and also paying a home-stay fee to bring revenue into this community from outside of this community is really a big deal, especially in light of the current economy.”

The State Department of Education does not have public data on how many public schools offer student visas, but an official in the private school department stated that Bow High School may be the first in New Hampshire, according to the Concord Monitor.

Bow High School has hosted many international students, but because of short nature of a one-year visit, these students often lack language skills and academic focus. The current federal law only allows public schools to issue single year visas, but a bill in the U.S. Senate could give public schools the freedom to offer multi-year agreements to international families,according to the source.

“We certainly would like to have a multiple-year commitment as well because then the students are really invested, engaged with the community,” House-Myers said. “They develop relationships with our students that could last a lifetime.”

This article is brought to you by Immigration Direct, a trusted resource for matters related to the government’s deferred action program. Take the Free Deferred Action Eligibility Quiz online today.

Taiwan To Be Added To Visa Waiver Program

Tue, Oct 2 2:25 PM

Secretary of State Hillary Clinton recently announced that Taiwan will be added to the list of countries qualifying for the U.S. visa waiver program.At a recent State Department conference on tourism and travel, Secretary of State Hillary Rodham Clinton announced that starting December 1, 2012, Taiwan will join a list of 36 countries qualifying for the United States’ visa waiver program. Preapproved Taiwanese travelers can enter the U.S. for business or tourism for up to 90 days without needing to complete a U.S. visa application.

After the implementation date, Taiwanese passport holders will be able to register online for approval from the U.S. Electronic System for Travel Authorization. The American Institute in Taiwan estimates that individuals should expect to pay a $14 ESTA processing fee, which is significantly less expensive than the $160 visa application fee, Jenny Hsu reported in a recent article for The Wall Street Journal.

When entering the United States at a port of entry, travelers will be asked to provide documentation on the nature of their stay. They will also need to provide evidence of onward or return travel arrangements to ensure they leave the U.S. within the prescribed 90 day period.

Before the announcement, the United States was already a top travel destination for residents of Taiwan. The AIT issued more than 145,000 nonimmigrant visas last year, and visitor numbers are expected to dramatically increase under the visa waiver program, according to the source.

Janet Napolitano, secretary of Homeland Security, described Taiwain’s inclusion on the list as a logical development in the relationship between the two countries. The country joins Brunei, Japan, Singapore and South Korea as the fifth Asian nation to qualify for the visa waiver program.

This article is brought to you by Immigration Direct, a trusted resource for matters related to the government’s deferred action program. Take the Free Deferred Action Eligibility Quiz online today.

Napolitano Broadens ?Family Relationships? Definition

Fri, Sep 28 1:26 PM

The U.S. Department of Homeland Security’s Janet Napolitano recently announced that the agency has broadened the definition of “family relationships” in immigration proceedings to now include same-sex couples.

On July 31, 2012, 84 members of Congress signed a letter sent to Napolitano asking her to take legal action to prevent foreign-born partners in a same-sex relationship with an American from being separated and/or deported.

“In an effort to make clear the definition of the phrase ‘family relationships,’ I have directed ICE to disseminate written guidance to the field that the interpretation of the phrase ‘family relationships’ includes long-term, same-sex partners,” Napolitano wrote in a letter to Congress.

The announcement marks an important victory in immigration reform, as fewer families will be torn apart due to strict fiancée visa and work permit restrictions in the United States. Same-sex couples have been fighting for immigration equality since the passing of 1996’s Defense of Marriage Act, which banned federal recognition of same-sex marriages and the immigration benefits it holds.

“Until now, LGBT families and their lawyers had nothing to rely on but an oral promise that prosecutorial discretion would include all families,” Rachel Tiven, executive director of Immigration Equality, said in a statement. “Today, DHS has responded to Congress and made that promise real. The Administration’s written guidance will help families facing separation and the field officers who are reviewing their cases.”

There are approximately 36,000 binational same-sex couples in the United States who could potentially benefit from the news. Immigration applications will be reviewed on a case-by-case basis.

This article is brought to you by Immigration Direct, a trusted resource for matters related to the government’s deferred action program. Take the Free Deferred Action Eligibility Quiz online today.

Special Immigrant Juvenile Status In Question With Deferred Action

Mon, Aug 27 4:03 PM

With the implementation of deferred action for childhood arrivals, immigration experts wonder how the Special Immigrant Juvenile Status will be affected.In 1990, the government passed a little-known program giving certain individuals a SL6 legal status, which is code for special immigrant juvenile status. SL6 helps hundreds of immigrant youth each year become legal permanent residents, according to The Associated Press.

Special Immigrant Juvenile Status, or SIJS, is a complicated federal immigration law which was created for dependents of the state who ended up in the foster care system after being abused, abandoned or neglected by relatives. Once an individual receives SIJS, they can never petition for their parents to get green cards and can only petition for their siblings to get green cards after they themselves have become a U.S. citizen.

“The program has quietly helped 10,000 young illegal immigrants become legal permanent residents since 1997,” according to The Associated Press. “It has long been overshadowed by fiery debates over illegal immigration and strict crackdowns passed in Arizona, Utah, Georgia and Alabama.”

Immigration experts have voiced speculation about how deferred action for childhood arrivals will affect the special immigrant juvenile status.

The largest difference between the two programs is that SIJS has been a permanent federal immigration law for over 20 years, and the deferred action for childhood arrivals lacks the same foundation. Political experts note that if Mitt Romney beats President Barack Obama in the 2012 presidential election, Romney may overturn the deferred action for childhood arrivals program immediately.

Advocates believe the deferred action policy will not affect the juvenile visa program, but many believe it is too soon to fully understand the potential rewards or repercussions.

This article is brought to you by Immigration Direct, a trusted resource for matters related to the government's deferred action program. Take the Free Deferred Action Eligibility Quiz online today.

Strict Visa Regulations Keep Ecuadorian Woman from Visiting Comatose Brother

Mon, Jul 30 3:00 PM

Leonardo Tacuri lays alone in a coma in a New York City hospital because his sister, Gladys Tacuri of Ecuador, is unable to obtain a temporary visitor visa to enter the United States. Gladys Tacuri faces personal turmoil as United States immigration laws prohibit her from visiting her dying brother in New York City, according to New York Daily News. Leonardo Tacuri was the victim of a hit-and-run accident back in April and is currently in a coma at Brooklyn’s Lutheran Medical Center, reported the source.

Currently residing in Ecuador, Gladys has a stable home life – with a husband, three children, and a beauty salon – and has no intentions to move to the United States, but is still unable to obtain a temporary visitor visa. Tacuri has twice been denied by the United States consulate in Guayaquil, where authorities claim she has no way to prove that she will not overstay her time in the country.

“What I want is to see my brother for what could be the last time,” Tacuri said in a phone interview, as reported by the New York Daily News. With no relatives living in the United States, Leonardo lies alone in the hospital connected to a respirator.

Lutheran Medical Center’s chief of Trauma and Critical Care Services, Dr. Fausto Vinces, has been helping Tacuri’s case by writing letters to the Guayaquil Consulate asking to allow her to enter the U.S. to be involved in Leonardo’s well being. Personnel in Guayaquil suggested that Tacuri contact the U.S. Citizenship and Immigration Services regarding Humanitarian Parole, which can be granted to bring someone to the United States who would otherwise be denied due to a “compelling emergency.”

Though Tacuri pleads with social workers at the hospital not to do it, Lutheran Medical Center wants to send Leonardo back to Ecuador if Tacuri is unable to come to the United States.

DOMA Threatens to Separate Lesbian Couple

Thu, Jul 26 3:05 PM

Many same-sex binational couples are not afforded the same rights as heterosexual binational couples in the United States.A lesbian couple in New Haven may be forced to separate or relocate due to federal government restrictions that refuse to recognize their marriage. According to the New Haven Independent, Francesca Martin and her wife, German native Gudrun Scheffler, have been together for the past 12 years. However, United States citizens in same-sex relationships cannot sponsor their spouses for a green card as their heterosexual counterparts can with a K-1 visa. The state of Connecticut – where the couple resides – recognizes gay marriage, yet Scheffler is still threatened with having to leave the United States when her work visa expires in September, reported the source.

The Defense of Marriage Act (DOMA) was signed in 1996 and defines marriage as being only between a man and a woman, excluding the union of gay couples for consideration. After 16 years of discrimination under DOMA, same-sex couples like Martin and Scheffler may soon gain equality with legal policy change on the horizon. New York City Mayor Michael Bloomberg has joined the likes of President Barack Obama and New York’s U.S. District Court Judge Barbara Jones in declaring DOMA to be unconstitutional and a violation of the 14th Amendment’s guarantee of equal protection to all citizens.

“Government has no business treating one group different than another and New York City will continue to stand against DOMA for such discrimination,” Mayor Bloomberg said in a statement. At his LGBT Pride celebration, the mayor announced that the city plans to file its own brief against DOMA to protect the thousands of same-sex couples living in New York, reported the source.

Businesses Owned By Immigrants On The Rise

Wed, Jul 25 9:02 AM

A new report shows that immigrants own a significant amount of businesses in the United States.A new report sheds light on an aspect of immigration that isn't always been taken into consideration: business owners.  The Fiscal Policy Institute's Immigration Research Initiative shows that one in six small business owners in the United States is an immigrant.

The source reported that immigrant business owners make up 18 percent of the country's population, a considerably high figure when compared to the fact that small businesses make up 30 percent of the United States' economy.

According to the EGPNews, James Parrott, chief economist and deputy director of the Fiscal Policy Institute, said that the types of businesses that immigrants own range from healthcare facilities to grocery stores and car dealerships.

One area in the country that has seen a boom in small businesses owned by immigrants is Metro Orlando. According to the Immigration Research Initiative, the number of immigrant-owned small businesses in Metro Orlando has risen 13 percent since 1990, the Orlando Sentinel reported. The report shows that in 2007, businesses owned by immigrants were responsible for employing 35 million people in the United States.

Many experts agree that these numbers may help U.S. born individuals look past stereotypes of immigrant residents. The figures may even prompt change in the policies surrounding green cards and U.S. visas in the future. 

"People often seem to have the misimpression that immigrants are taking jobs from U.S.-born workers,'' David Dyssegaard Kallick a senior fellow for the Fiscal Policy Institute, told the Sentinel, "and are puzzled by economic research that consistently shows that that's not the case for most workers."  

Undocumented Immigrant Able To Walk At Graduation

Fri, Jun 1 2:00 PM

An immigrant who has lived in Indianapolis for most of her life will be allowed to walk at her high school graduation after being held in Mexico for six weeks.An Indiana teen in the middle of an immigration battle will be attending her graduation. Elizabeth Olivas, an eighteen-year-old  former high school homecoming queen, returned to Indianapolis after an immigration technicality in her native country of Mexico almost prohibited her from returning to the U.S., according to The Associated Press. 

Undocumented immigrants seeking to acquire a green card or U.S. visa are mandated by the federal government to return to their home country within 180 days of their eighteenth birthdays. Olivas, who has lived in the United States since age 4, arrived in Mexico one day too late. After being held in her native country for six weeks, Olivas' visa was finally approved, and she was allowed to return to her family and friends in Indiana just in time to graduate high school.

According to the Indianapolis Star, Olivas, who has maintained a 3.96 grade point average throughout her four years of high school, attended her classes online while in Mexico.

Although Olivas missed an academic ceremony and her senior prom, many of her classmates are elated she will be able to walk alongside them during their graduation. School officials were also hoping for her return, some going as far as writing letters to immigration officials, so they were excited when they received the news that her visa was approved, according to the source. One official that was especially happy about the decision was Olivas' principal Steve Edwards.

“We’re just fired up that she gets to graduate with her classmates,” he said. “She’s a model citizen. She’s one of our best. She’s a well-liked kid and she’s involved in the school and the community. You can’t find too many better.”

New Approach to Dream Act

Thu, Apr 19 5:00 PM

Senator Marco Rubio has stated that he is in the process of creating a new version of the Dream Act which would be more appealing to Republican politicians.The Dream Act has seen many forms in its more than 10 years as a possible legislation, with Democrats and Republicans often coming to a head at any versions of the proposed legislation.

Florida Senator Marco Rubio, however, is currently in the process of creating a new version of the act that may be more agreeable to politicians who have shot down the Dream Act in the past. Rubio is currently in the process of creating a bill that would make it possible for individuals who had arrived in the United States prior to age 16 to apply for a non-immigrant visa that would give them legal status in the country. These proposed visas would also give individuals the right to work. However, these visas would not be an accepted path to permanent residency.

Senator Rubio, who is a Republican, was recently named one of Time magazine's 100 Most Influential People In The World. Rubio was heavily featured in the news earlier this year and in 2011 due to his publicized fight with the Spanish language television station Univision.

"There is a difference between citizenship and legalization," Rubio recently stated. "You can legalize someone's status in this country with a significant amount of certainty about their future without placing them on a path toward citizenship. And I think that is something that we can find consensus on."

While Rubio's version of the Dream Act will likely see better support from Republican legislators than previous versions, some experts believe that the revisions will draw strong criticism from Democrats.

"Democratic leadership will go all out to prevent the Rubio DREAM Act from coming up in Congress before November," ImmigrationWorks USA president Tamar Jacoby recently told the New America Foundation. 

Transgender Binational Couples To Receive Citizenship

Wed, Apr 18 12:00 PM

Binational transgender couples now have a much easier time applying for permanent residency in the United States. Binational transgender couples received welcome news from U.S. Citizenship and Immigration Services on April 10.  The policies on transgender marriages are now to be updated, and will likely provide couples an easier time gaining permanent residency or citizenship in the United States.

USCIS stated that it will now use the updated gender identity of a person when looking at fiance visa applications. The individual will have to present a birth certificate that has been updated to reflect the individual's current gender identity, or a court or medical document that shows recognition of this new gender.

Transgender rights advocates applaud the effort, with many saying the USCIS memorandum is a step toward further equality within the United States.

"Today's announcement is another example of the Obama Administration's long-term commitment to equality," Harper Jean Tobin of the National Center for Transgender Equality said on April 13. "These revisions mean that trans people and their families can obtain accurate identification while maintaining their privacy. It'll also reduce bureaucratic delays, intrusive questions and wrongful denials of immigration benefits."

One particular clause of interest to transgender individuals may be the issue of timing of the marriage. According to the USCIS April 10 memorandum, the legal change of gender must have occurred prior to the marriage for it to be recognized as a heterosexual marriage and make the couple eligible for the right to apply for residency.

While transgender couples are likely rejoicing over their new benefits, many binational same sex couples still struggle to gain the right to citizenship for both partners. Several couples have stated that their lack of a right to sponsor their spouse for green card is unconstitutional, according to The Associated Press. 

US Suffers Loss of Culture from Lack of Visas

Thu, Apr 12 6:40 AM

The number of visas for foreign performers dropped by nearly 25 percent between 2006 and 2010. The United States has long been a place of great cultural interaction, where individuals can learn about other traditions and art forms within their own neighborhoods. In the modern world, several foreign performers who would like to share their talents have been stopped from entering the country due to miscalculations or mistakes with U.S. visas.

A Spanish flamenco star, called Pitingo, who was scheduled to perform at Manhattan Center's Grand Ballroom was recently denied his already-processed visa because of a procedural mix-up, The New York Times reported.

While the mix-up was a loss to all individuals who were looking forward to Pitingo's performance, arguably the most costly loss was to Pitingo's management team, which lost $25,000 from the missed performance.

Costly mistakes like this have made the United States a much less alluring destination for performers, who have decided that the country's immigration and work visa proceedings are not worth the effort or damage they could incur. The U.S. Department of Homeland Security saw the number of visas for foreign performers drop nearly 25 percent between 2006 and 2010.

Current procedures force foreign performers to fill out an application with Homeland Security, then do an in-person interview with the State Department, the Times reported.

"I didn’t think it could get worse than it was after 9/11, but the last couple of years have been terrible. It just seems like you have to fight for everything across the board, even for artists of renown," law expert Palma R. Yanni told the Times. "The standards have not changed, but the agency just keeps narrowing the criteria, raising the bar without notice or comment, reinterpreting things and just making everything more restrictive. We call it the culture of no.”

If visa restrictions had been so lengthy and difficult in the past, it is likely that the United States would have been graced with far fewer beloved performers. Fox News stated that Michael J. Fox started acting in the U.S. before his visa had been finalized, something that would likely not occur today. 

Fake Green Card Lottery Could Cost Immigrant Hopefuls Hundreds

Tue, Apr 10 4:28 PM

Recent internet scams may have convinced some immigrants that they had won a green card lottery. Internet scams have become increasingly sophisticated in recent years, with many incidents involving unsuspecting computers users who are tricked into revealing their passwords and logins. Now, it seems, phishing scams have targeted immigrants.

It was recently discovered that many individuals who had applied for the legitimate U.S. green card lottery had been sent a notification from a phishing scam site that alerted them they had won, reported Fox News. Some individuals who received the malicious email were able to identify it as a scam before becoming a victim.

"I was overwhelmed because I’ve been in the [green card] lottery for years,” Ian Jopson, who currently lives in the United States on a valid work visa, told Fox News. After seeing that the site would cost him $900 in processing fees, however, he said the warning bells began to go off.

Green card hopefuls who receive a similar message can see whether the claim is legitimate by looking at the URL of the site; messages from the government will end in ".gov," not ".com" or ".org." 

Government officials have been the culprit of local green card scams, as well. In Vermont, one local resident has been arranging marriages between people in search of a green card since 2005, according to Northeastern Initiative for Investigative Reporting. Fraudulent marriages pose a large problem for immigration officers, who often have a difficult time distinguishing and investigating which marriages are arranged for the sole purpose of gaining a permanent residency card. This is partially due to many immigration offices being understaffed.

“They showed no signs of affection,” Brattleboro’s town clerk Annette Cappy told Northeastern. “Often it was as if they didn’t know each other.”

Recent investigations found that 32 marriages were arranged by Brazilian native Helen Knoller, who currently lives in Holyoke, Massachusetts. 

Green Cards for Green Energy

Tue, Apr 10 12:47 PM

EB-5 Regional Centers provide a centralized location for wealthy foreigners to apply for the EB-5 visa program. Austin, Texas, mayor Lee Leffingwell is currently applying to make his city an EB-5 Regional Center. Austin's "EB-5 Regional Center" will focus on green job creation and green energy development.

According to the Austin American-Statesman, most EB-5 visas are processed through regional centers, which have surged in numbers over the past five years. In 2007, only 11 centers existed; today, there are 218 across the United States.

Austin's EB-5 center would be the eighth in the country to focus its efforts on green job creation, according to InsideClimate News. California, Nevada and Michigan are some of the other states that already have centers developed around eco-friendly employment.

One reason behind Austin's decision to create a green-minded EB-5 regional center may be its recent rapid decline in its technological sector, according to Angelou Economic's "2010-2011 Economic Forecast." Angelou reported that many of the city's previously booming tech companies have moved overseas. Austin's real estate market has caused the city additional shortages in terms of budget and spending power.

"This has the potential to pump millions of dollars into the Austin region, while creating jobs for our residents," Leffingwell said at a recent press conference, according to InsideClimate.

The EB-5 visa program gives foreign investors a green card for themselves and their families if they invest $1 million in a U.S. project.  Once the project is approved by the government, foreign investors are put on a fast track through the often lengthy U.S. visa process. Each project must create at least 10 jobs.

The program began in 1990, and the first regional centers opened in 1992. 

Citizenship Applications Go into Overload in April

Mon, Apr 9 10:00 AM

April is an important month for U.S. visa applications. For U.S. citizens hopefuls, the month of April means more than spring blooms: It is the month of U.S. visa applications.

For the coveted 65,000 H-1B visas and the 20,000 advanced degree-awarded visas, more than 22,000 petitions have already been submitted to the U.S. Citizenship and Immigrations Services offices for the 2013 fiscal year. While this figure may seem small, these numbers are the collected total over a four-day period; the H-1B program only started accepting applications on April 2, according to the Press Trust of India.

When compared to figures from only two years ago, these numbers are astounding: During the first week of the H-1B process in 2010, 13,500 petitions were collected, the PTI reported.

With so much competition for the small number of openings, many individuals will want to give themselves as much of a competitive edge as they can. To assist newly immigrated individuals with their visa and citizenship applications, several resources have been created. The City University of New York and the Daily News Citizenship are offering a hotline for the 10th annual CUNY/Daily News Citizenship NOW! event, which runs from April 23 until April 27. Volunteers, supervised by law experts, will be able to answer all tricky citizenship and visa questions, giving individuals a better chance to make their own applications flawless, according to the New York Daily News.

The National Partnership for New Americans launched a new campaign this year to assist newly immigrated residents and U.S.-citizenship hopefuls with getting all of their applications for visas and citizenship applications out on time. To be ready to assist individuals with the number of immigration applications deadlines in April and June, NPNA launched Become a Citizen Now! on March 24, and is in the process of training more than 1,000 new citizenship coaches across the country.

The Delicate Dance of Student Visas

Wed, Apr 4 1:46 PM

Foreign students hoping to study in the United States face increasingly stiff competition for a student visa. Earning any type of legal residency in the United States can be an exciting day for an individual. However, for many foreign students with dreams of studying at a U.S. university, the process of applying for the right to a U.S. student visa can be a challenging one.

However, there are many resources available that can help make the process more smooth for some of the youngest visa-hopefuls.

For one, students who are applying for U.S. visas to study will want to imagine how their applications look to immigration officers that they send their application to. According to a blog post from Consular Officer Monica Shie for the U.S. Department of State, students who do not clearly state their reasons and intentions for studying in the United States are likely to not get a visa.

"You should be prepared to talk about why you chose the university that you plan to attend, and you should be able to explain how you will pay for your studies. It should be easy for us to believe that you will finish the degree at the institution you have selected, and we must be convinced that full-time study is the primary purpose of your travel," Shie wrote.

Financing should be a primary concern for all student visa hopefuls. Due to large increases in demand, the U.S. Department of State will be raising its fees for immigrant visas on April 13. While fee increases will be small – most are between $20 to $40 – they show that visas are becoming increasingly competitive, so foreign students must put in the extra effort to prove their desire to study in the United States. Most unpaid internships that are undertaken within the United States do not allow students to apply for Q-1 visas, either, so foreign students must work extra hard to secure paid internships and jobs to be eligible for a Q-1 visa.

Napolitano Accused of Intentional Underestimates of Illegal Border Crossings

Tue, Mar 20 12:56 PM

Insiders now suspect that illegal immigration data for the United States was intentionally underestimated. New reports have shown that the number of arrests along U.S. borders are down more than 50 percent. However, recent tips from insiders have accused Secretary of Homeland Security Janet Napolitano and her team of intentionally underestimating the numbers of border crossings of individuals without proper immigration forms.

The accusation came from U.S. Rep. Darrel Issa (R-California), who is the chair of the House Committee on Government Reform and Oversight.

In a letter to Nepolitano, Issa said he does not believe the current immigration border crossing statistics, "because [he knows] that there are hundreds of thousands getting past us every year, so there’s no way that number has remained static.”

According to the Eurasia Review, Issa also uses a small piece of sample data from a border patrol station in Arizona as evidence, stating that in one week in April 2011, approximately 82 undocumented immigrants were not arrested or turned back at the border, yet none were reported as "got-aways," either.

According to Michael Cutler, a retired Senior Special Agent with the former Immigration and Naturalization Service who wrote an opinion piece for Fox News Latino, some believe that the alleged measure by Napolitano was done as a ploy to look better for the upcoming presidential election.

"Current administration would like to be able to say that the immigration problem is correcting itself, thereby placating voters on both sides of the issue," wrote Cutler. " By touting reduced arrest statistics, the administration could lay claim to securing our nation's borders and convincing everyone that immigration is no longer a problem."

While Issa's letter demanded more accurate statistics from Napolitano, according to the Seattle Times, 13 of the United States' northern states are urging Napolitano to create firmer harassment and abuse regulations along the northern borders.

The immigration advocates cited many cases of excessive violence used by Border Patrol agents in cases, including the 10 shots that were fired at a mentally ill man in Washington's Whatcom County, according to the Seattle Times. 

Hate Crime Death Has Silver Lining for Victim’s Family Members

Mon, Mar 19 5:39 PM

The Hasan family has endured more turmoil than most since emigrating from Pakistan to the United States. Members of the Hasan family have endured a long road to obtain U.S. citizenship.

After emigrating from Pakistan, leaving much of their lives behind, the father of the family, Waqar Hasan, was brutally murdered in Texas by white supremacists, four days after the 9/11 attacks.

Despite such a hateful action, the family remained in the United States. On March 16, all five of Waqar's family members were sworn in and given U.S. citizenship in West Windsor, New Jersey.

"It was his dream come true today," Usna Hasan said about her father, during an interview with The Associated Press. "It was his dream that became our dream, and it's an extreme sense of accomplishment, of overwhelming joy and gratitude."

The brutal death of Waqar left the family in fear for both their own lives and their fate. While all Hasans were here legally, Waqar's death made their U.S. visa status unclear, as all four of the Hasan children and his wife, Durree, had their visas tied to his.

However, the family's new New Jersey community stepped in, providing support by way of open arms and legal assistance. According to the AP, the family received numerous care baskets of fresh fruit and baked goods in the wake of Waqar's death, as well as a community-organized candlelight vigil to honor Waqar's life.

U.S. Representative Rush Holt sponsored the family's legal permanent residency by creating a bill for their safe status here. Over the past decade, Holt has become close to the family, and so he personally hosted the family's immigration and naturalization ceremony.

"This is not a country that says, ‘You’re on your own,’" Holt said during the ceremony. "And Americans have proven that."

China Still Wants Easier Tourist Visas for its Country

Fri, Mar 16 12:12 PM

Many tourism experts in China do not think the U.S. has done enough to make their tourist visas attractive to Chinese travelers. Although tourists with Chinese and Brazilian citizenship now have a less difficult time receiving a prompt U.S. tourist visa, some Chinese officials think the measures the United States has taken thus far are insufficient.

According to the English language China-based newspaper the China Daily, many Chinese tourism experts do not think that the United States has done enough to promote tourism to the United States. Although many believe that the move is one in the right direction for the United States, the changes made to the visa process so far have been less than impressive.

"The simplification of the visa application does not mean lowering the application standard," Jiang Yiyi, the director of China Tourism Academy's International Tourism Development Institute told China Daily. "It is hard to attract a really large number of Chinese tourists unless significant progress is made in visa applications, tourism products and travel safety on the US side."

According to Jiang and many other travel experts in China, visa procedures in many European and Asian countries are still much easier than they are in the United States, and therefore more attractive to travelers.

However, while many Chinese tourists continue to ask the United States for easier tourist visa procedures, some argue that there is only so far that the United States can relax their policy before security risks become an issue, according to a recent opinion piece penned by Amy Ridenour, chairman of the National Center for Public Policy Research.

While President Barack Obama stated during his February 13 announcement that the move would prompt industry growth and create more jobs, some critics believe the job growth won't be enough to offset the security risks, according to Ridenour.

"Adding a few low-paying baggage handlers and amusement park employees won’t do much to lower those distressing numbers," Ridenour wrote.

DHS Tracks Incoming Visa Holders

Wed, Mar 7 5:43 PM

The U.S. Department of Homeland Security will soon use a biometrics system to track all individual visa holders entering the United States. In an effort to better track down those who have overstayed their U.S. tourist visas or work visas, the Department of Homeland Security is preparing to implement a system that will trace all future incoming immigrants. The program, which was only recently announced, is expected to be ready within weeks.

The system will be based on biometrics, which use technologies that can recognize individuals based on physical and behavioral traits. Currently, Walt Disney World uses a biometrics system to make sure that the same individuals are using their tickets throughout the day at the theme parks.

According to reports, DHS has been working on a deployable option such as this since 9/11. While previous models and technologies have been created and suggested, most have been too costly to fully implement.

The biometric measures are being adopted in hopes of lessening the issues surrounding terrorism attacks. U.S. Representative Candice Miller recently told The Associated Press that 36 individuals who have been convicted of terrorism were in the United States on expired U.S. visas. One of these more notable individuals, Amine El Khalifi, was accused of plotting a bomb in the U.S. Capitol. After arresting El Khalifi in a parking lot wearing a vest loaded with explosives, officials found he had been living illegally in the United States for 12 years.

The introduction of biometrics, however, will likely not change the deportation priority procedures currently enacted by the Obama administration. While the biometrics will be used to keep tabs on most immigrants who enter the United States, only those individuals with criminal records will be more closely tracked.

"Unless they had some reason to believe an individual detained for some other offense was in fact an immigration violator, it would be rare that they would call INS and ask them to do a TECS [Treasury Enforcement Communications System] check," said John Cohen, the deputy counter terrorism coordinator for DHS told lawmakers on March 6, according to NextGov. 

Georgia Senate Approves Ban of Undocumented Students from State Colleges

Tue, Mar 6 1:29 PM

Undocumented students who have resided in the state for years are still required to pay out of state tuition rates when attending a public university in Georgia. A bill passed in the Georgia Senate on March 5, if signed into law, will ban all students without immigration forms or proper student visas from attending all of the state's public universities and technical colleges. Proponents of the bill believe illegal students take away slots that could be used by students with citizenship, and shouldn't be given the rights to public education in the state.

The University System of Georgia already has a ban in place for all illegal immigrants to the state's top five schools, since these schools receive such a large number of applicants. However, undocumented students already pay the higher rates that out of state students are charged, and so the University System officials believe that undocumented students are not abusing any taxpayer's dollars.

According to Georgia Public Broadcasting, many teachers came to the Senate House committee meeting held in January to protest the bill, stating that a student's immigration status is often no fault of their own, and they should not be penalized for wanting more education.

Georgia Senate Democrats wrote in their minority report that banning these students from Georgia public colleges will limit their education, and will, in the long run, "limit their ablity to contribute to Georgia's economy."

However, Senator Barry Loudermilk, the bill's sponsor, believes that this will not occur. Due to the hardships of gaining a work visa, many undocumented residents' best option is to go overseas to make something of their degree.

According to estimates, there are approximately 300 students in the Georgia University System who would be affected by the bill.

Indonesian Immigrants Fight Religious Persecution, Still Face Deportation

Fri, Mar 2 6:28 PM

Many Indonesian refugees who left their country to escape religious persecution are currently facing deportation in the United States. Throngs of Indonesian refugees currently face deportation charges. The individuals, who mainly came to the country on U.S. tourist visas, traveled to the United States to escape religious persecution from within their homeland, where some did not accept their Christian faith. Christian Indonesians fled Indonesia by the hundreds in the 1990s and early 2000s due to their lack of a right to freely practice their faith.

While the United States has long been a host to individuals exiled by their home country for their spiritual practices, U.S. Immigration and Customs Enforcement has begun cracking down on this specific ethnic and spiritual group.

In Highland Park, New Jersey, many who face deportation charges have sought refuge at the Reformed Church of Highland Park, where Reverend Seth Kaper-Dale is currently holding and working to save many Indonesian refugees in his church. There are currently 80 Indonesian refugees in New Jersey alone.

The irony of the decision is hard to overlook: Some of the United States' first immigrants, the Pilgrims, came to the country to escape religious persecution in their homeland. According to the Smithsonian, a group of French colonists also came to the United States for more freedom to practice their Protestant faith.

Charbel Chehoud, a Lebanese refugee who also left his homeland due to religious persecution, is also up for deportation. According to New York Daily News, Chehoud, who arrived in Jersey City, New Jersey in 1989, is an immigration case that is particularly problematic. A co-worker came to Chehoud in 2006, telling him of a terrible case in which a fellow fishing buddy had been thrown overboard and left to die. Chehoud immediately reported the case to law officials, putting the two men responsible behind bars. While Jersey City police officers have urged the ICE to grant Chehoud a witness visa, this particular immigration form is only available if requested by a state or federal agency. 

Japanese Small Business Owners told to Deport 20 Years After Doing Taxes Wrong

Fri, Mar 2 4:36 PM

Despite paying large fines for underpaying their taxes in 1991, small business owners Akio and Fukado Kawashima recently found out that they would be deported for the crime after 28 of living in the United States legally. After living in the United States for the past 28 years, Akio and Fukado Kawashima now face deportation. The small business owners, who own a series of popular sushi restaurants in Southern California, are being deported over an underreported tax return in 1991.

The couple caught for this "false" tax return already paid a large price for their error, paying the full $245,000 charged to them by the Internal Revenue Service in 1997. The couple also pleaded guilty to the charges, and Akio was given a four-month jail sentence. However, despite already paying for their error, immigration and naturalization officials of the Immigration and Customs Enforcement want to deport the couple.

Although neither of the Kawashimas has ever been granted U.S. citizenship, both have kept up their immigration papers and are both currently permanent residents.

ICE deemed the Kawashimas' tax-related crime an aggravated felony, providing many immigration advocates with a clear sign of what the federal government determines a "criminal" background, on par with the Obama administration's August 2011 announcement that it would focus on deporting serious criminals only. With more than 300,000 deportation cases currently pending in the United States, however, the Kawashima's crime hardly seems severe. 

In the wake of the decision, the Kawashima family is trying to absorb the shock of the decision, and is working to prepare their restaurants for their detentions. The couple's son and daughter-in-law are trying to figure out how they will run the restaurants in their parents' absence.

"It's really sad – and really unfair," Wakako Kawashima, the couple's daughter-in-law, told the Los Angeles Times. "They know the decision, but they're trying to figure out what to do."

Arizona Immigration Laws Partially Overturned by Federal Judge

Fri, Mar 2 3:04 PM

Part of Arizona's strict immigration law, SB 1070, was recently ruled unconstitutional by a federal judge. While many residents of the Grand Canyon state continue to stand by its stringent immigration laws, a federal judge Susan Bolton has deemed some aspects of Arizona's rules to be unlawful, and in violation of the First Amendment.

The biggest victory in the judge's rulings comes for day laborers. According to The Associated Press, individuals in the state can once again stop traffic to pick up day laborers waiting for work. Judge Bolton stated that this portion of the law was in direct violation of First Amendment Rights: The right to free speech and expression, regardless of one's immigration forms or citizenship status.

Immigration advocates believe the measure is a clear sign that Judge Bolton saw through the safety claims of Arizona Governor Jan Brewer, who stated that this part of the ruling was put in place for public safety, and saw that the law was put in place to seek out undocumented workers who will often gather in parking lots and along curbsides to better their chances of getting work for the day.

"There are clear laws now that allow any cop to unclog (the streets) well before they had this law," said Dan Pochoda, director of the American Civil Liberties Union of Arizona, to the AP.

Arizona's SB 1070 will be evaluated by the U.S. Supreme Court on April 25, something that Brewer is looking forward to.

"This ruling provides yet another reason why I look forward to the Supreme Court providing guidance on the constitutionality of SB 1070. I am confident that, when the case reaches the High Court in April, the constitutionality of SB 1070 will be affirmed," Brewer said in an official statement. 

American Dream Better than Gold in Green Card Lottery

Mon, Feb 27 4:50 PM

For some, winning the a visa through the U.S. Diversity Visa Program is better than winning the monetary lottery. For some, winning, the green card lottery may be as good as winning big bucks.

The lottery program, officially called the U.S. Diversity Visa Program, is an annual drawing which grants foreigners a chance to win a green card and the right to work and live in the United States. Open for only about one month every year, the 2012 lottery will occur approximately between October 4 and November 5. Applications can be submitted free of charge, so with few bars to entry, diverse contestants are given the chance to obtain an extended U.S. visa and enjoy access to a better life in the United States.

One such lucky winner was Gary McLaughlin, who recently chronicled his lottery win in an Irish Central article. McLaughlin, who was born in the Irish town of Dundalk but says he was a self-proclaimed "child of America," entered the U.S. green card lottery in 2010 with his partner Frances. While Frances' application was unsuccessful, McLaughlin was one of 100,000 applicants to make it to the second round, down from 23 million applicants for the year. After being interviewed by the U.S. Embassy in October 2011, McLaughlin and Frances moved to New York City in January 2012, and are currently looking for employment.

New England Patriots punter Zoltan Mesko's family arrived in the United States from Romania thanks to the 1997 green card lottery, as well, being one of only 55,000 families in the world to be granted a green card that year, out of 19 million entries, according to Yahoo Sports.

Making the move from their war-torn homeland, Mesko's parents decided to immigrate to the United States for a better life for their son. Only 11 when he came to the United States, both of Mesko's parents took odd jobs while they learned English before they could enter into their former lines of work. 

New Immigration Priorities Leave Same-Sex Couples in Limbo

Mon, Feb 27 2:33 PM

Many same-sex binational couples recently discovered that their deportation proceedings will be different than those of other binational couples. While many fearing deportation were happy to hear that the Obama administration was rearranging its deportation procedures to focus on undocumented individuals with criminal histories. However, there was uncertainty as to how the new approach would affect binational same-sex couples with pending green card petitions.

A meeting in January between many high-level LGBTQ advocate groups and Obama administration officials determined that the White House has rejected a hold on green card petition cases involving same-sex binational couples. Government officials stated that they needed to uphold the Defense of Marriage Act, and so these couples did not fall into the same "hold category" as other deportation cases.

Prior to the decision, same-sex couples were told that their claims would be dealt with on a case-by-case basis, with each case for a fiance visa or permanent resident card given individual treatment. However, because of DOMA, the federal government is not allowed to grant green cards to foreign-born spouses in same-sex couples.

The decisions from the January meeting are especially disheartening to many immigrant and LGBTQ rights advocates considering that in February 2011, the Obama administration stated it would not defend the section of DOMA that bans same-sex couples from federal rights and responsibilities granted any other marriage.

LGBTQ advocates have argued that these cases could at least be deemed low-priority, providing couples time to be together while other trials, primarily dealing with undocumented residents with criminal histories, are worked out.

Many immigration and gay rights advocates believe that the decision is unlawful, and does not follow consitutents to only grant some same-sex couples the rights apart from DOMA. The Advocate quoted one prominent voice making this argument.

"In many, many meetings over the past six months, with different players and different agencies, [the administration] has been quick to say, without hesitation, that our legal arguments are quite sound," said Rachel Tiven, executive director of Immigration Equality. "So it’s frustrating to hear this idea from them that it’s basically no big deal for individuals to fall out of lawful status."

Foreign Workers OK in Silicon Valley

Mon, Feb 27 2:13 PM

Silicon Valley tech leaders are currently working with U.S. Citizenship and Immigration Service Director Alejandro Mayorkas to develop better immigration policies for technology positions. Tech-savvy immigrants who may be having trouble attaining their permanent resident card or work visa may have an easier time in the near future.

U.S. Citizenship and Immigration Service Director Alejandro Mayorkas announced on February 22 that he wants to keep as many high-tech entrepreneurs in the United States as possible. However, with current legislation greatly limiting any promising foreign-born individuals from coming to the United States, Mayorkas also launched a summit for his new "Entrepreneurs in Residence" program.

The program's largest goal is to find unique ways for immigration services to become more responsive to the ever-changing needs of the technology industry. Mayorkas hopes to begin the process by choosing five applicants within the private sector of the tech world to create the new policies, and then train immigration officials in the policies so that they can employ these options in their immigration decisions.

Mayorkas believes this unconventional model will work best for the industry's large number of startup companies, which are often created in unique ways themselves.

Duke University researcher Vivek Wadhwa told Bloomberg Businessweek that he supports the venture, remarking that "Silicon Valley is bleeding right now," due to the United States' stringent immigration rules.

“These people have spent time in Silicon Valley,” he said to Bloomberg, referencing the number of federal officials who have met with tech industry leaders. “Almost every CEO here has been ripping into them. They really get it now.”

Wadhwa hopes that the new rules will allow startups to sponsor the visas of their founders, something that current immigration laws do not. 

New H2B Rules Provide Better Security for Workers and Employers

Thu, Feb 23 10:14 AM

Many United States farmers believe the process for obtaining H2A visas needs to be updated, as it is currently extremely inefficient for the industry. A new H2B visas rule change may make it easier for undocumented workers to find employment, according to the United States Department of Labor.

The department announced a new final rule on February 21 that will give temporary foreign workers greater access to jobs and worker's rights.

Recent statistics show that the number of H2B visas approved has drastically declined in recent years. While more than 94,000 of these U.S. visas were approved in 2008, this number dropped to less than 45,000 in 2009 – less than half of the previous year's total. While rates have increased slightly in recent years, numbers have still stayed below 50,000. The current program is limited to 66,000 visas per year. Learn more about immigration statistics here.

The rule is in large part written through the comments of employers and worker advocates, who assisted in drafting the final rule. Slated to come into effect on April 23, the new rule also requires the creation of a national registry posting all H2B job postings. Giving both workers and employers greater flexibility, the new rule also improves the recruitment process as well as the length of time workers can be employed. Former employees will be hired when available as well under the new set of rules, so a certain sense of job security can also come with the program.

According to Indiana local news source the Brown County Democrat, H2A visas also are in need of reformation. While the visa program offers a legal alternative for hiring foreign help in agricultural work, current processing for the visas can take months for approval, making the program extremely inefficient for those working within a certain time range for growing seasons. 

Several Famous Stars Were Once Undocumented

Thu, Feb 16 10:14 AM

Former bodybuilder/movie star/California governor Arnold Schwarzenegger worked illegally before obtaining the appropriate visa.While the United States continues to be a battleground for immigration rights, many of the country's most famous stars once underwent immigration issues of their own. From stories of delayed U.S. work visas to illegal immigration status, much of our pop culture would be extremely different if not for the daring moves of these celebrities.

Leading Hollywood lady Salma Hayek was an illegal immigrant for a short period in the United States, when her visa expired unknowingly. Hayek eventually returned to her home country of Mexico to apply for a visa renewal. The starlet said she had an extremely difficult time getting any roles when she first arrived in California, stating that the Hollywood of the early 1990's was a very racist place.

"It was inconcievable to American directors and producers that a Mexican woman could have a lead role," Hayek explained in a 2010 interview with V magazine. However, today Hayek believes the movie industry has become much more inclusive, welcoming more diversity to major roles.

According to Fox News, former bodybuilder/movie star/California governor Arnold Schwarzenegger violated his visa in his early 20s, working illegally as a bricklayer in the 1970s before he obtained a resident visa that would have lawfully allowed him to do so. The star, who only had a B-1 visa at the time, was only allowed to do training and competitions under its regulations.

Canadian-born Michael J. Fox may have never gone Back to The Future if border crossing problems had arisen. The actor admits that his work visa had not come through upon entering the states, and he was wracked with nervousness upon entering the country, according to Fox News.

Tourist Visas Get Easier for Foreign Shopaholics

Fri, Feb 10 6:36 PM

Many United States retailers are expecting large amounts of revenue growth from new tourist visa policies for citizens of Brazil and China.Many large United States businesses are beginning to realize the large sources of revenue that could come from President Barack Obama's new U.S. tourist visa policies for those with Brazil and China citizenship.

According to Bloomberg News, Bloomingdale's CEO Michael Gould believes that the new policy could create huge revenue jumps for the retailer. Past reports have found that foreign shoppers are especially drawn to the fasion desings of Kate Spade and Marc Jacobs, both of which are well represented in Bloomindale's department stores.

“We’re expecting an enormous uptick in growth,” said Gould in an interview with Bloomberg. “We have the kind of brands that are highly respected by these visitors, and the faster they can get here the better.”

To further promote their wares, Bloomingdale's is also preparing to launch its first-ever advertising campaign outside of the United States, and has been looking into tailoring more of its merchandise toward Brazilian and Chinese clientele.

Many top U.S. retailers are expecting large increases in revenue. A January 19 report from the National Retail Federation believes that the new tourist visas could add more than $850 million to the U.S. economy by 2020. According to the Department of Commerce, the average Chinese tourist spends upward of $6,000 while traveling in the United States.

With the American dollar dropping in value in recent years, experts predict an increase in tourism this year. Despite long wait times for tourist visas – in the past, visas could take up to 120 days to process – 2011 saw 34 percent more Chinese and 42 percent more Brazilians being issued tourist visas than in 2010, according to an article in Bloomberg Businessweek. United States tourism dropped by more than 30 percent between 2000 and 2010, with many officials blaming the decline on the increased security post-9/11. 

South African Man Allowed to Stay with Partner Due to Immigration Reprieve

Fri, Feb 10 4:02 PM

DOMA laws prevent many same-sex couples who hail from different countries from staying together during illnesses. Tim Smulian, who is from South Africa, has been married to Edwin Blesch, who has U.S. citizenship, since 1999. While the couple's marriage is recognized by the state of New York, none of the same federal immigration benefits apply to the couple as those given to heterosexual couples.

Before Blesch's illness, the couple made do by getting tourist visas so they could travel with each other to spend six months in South Africa and six months in the United States. However, since Blesch has recently suffered a series of mini-strokes, healthcare officials  have deemed him unhealthy enough to make the long plane trip to Africa.

While originally fearing he would have to leave his ailing spouse for six months because his tourist visa was running out, Smulian was recently granted a one-year reprieve from U.S. immigration officials so that he could take care of Blesch.

According to the Huffington Post, Smulian and Blesch are one of the first gay couples to be granted this type of reprieve. California couple Anthony John Makk and Bradford Wells were granted a similar reprieve, with Makk, whose citizenship is in Australia, finding out in January that he could stay with his Wells, who suffers from an advanced form of AIDS, for two more years.

Both couples have struggled to stay together because of the Defense of Marriage Act, or DOMA. Signed into effect in 1996, the law prevents all same-sex couples from acquiring the same benefits as heterosexual married couples. Fiance visas are also restricted mainly heterosexual couples, with many U.S. citizens in same-sex partnerships not able to secure one for their foreign partner.

However, many government officials believe DOMA is outdated. In 2009, the Los Angeles Times featured an article by former U.S. House of Representative Bob Barr, one of the main writers of DOMA, stated that even he agrees that the law should be repealed.

"The heterosexual definition of marriage for purposes of federal laws — including, immigration, Social Security survivor rights and veteran's benefits — has become a de facto club used to limit, if not thwart, the ability of a state to choose to recognize same-sex unions," stated Barr in his Times article. 

Visa Reform Tops Initiatives for Obama in Disney World

Tue, Jan 24 4:30 PM

Barack Obama recently signed an executive order that benefits U.S. visa applicants from China and Brazil.President Obama’s recent trip to Disney World provided some much-needed good news for immigrants in the United States.

Obama used Disney World as his venue to sign an executive order that will benefit Chinese and Brazilian applicants for U.S. visas. While the order is most directly aimed at increasing the turnaround in processing for tourist visas from the two countries, the order also aims to speed up the U.S. visa process by waiving the interview requirement for thousands of low-risk applicants from the two countries. Demand for visas is particularly high in these two nations.

Obama signed the order after potential visitors from both Brazil and China have opted to exclude the United States from their travel plans due to historically long delays in the visa process. In the past, travelers from both countries have had to wait weeks for a U.S. tourist visa, while many countries in Europe have a less than 24-hour turnaround for tourist visas.

Proponents of the idea included the National Retail Federation and the U.S. Travel Association, which believe that reduced visa wait times for China and Brazil could greatly bolster economic recovery in the U.S, according to a blog post from The Hill.

The visa system changes are part of the White House's "We Can't Wait" initiative, designed to create and support U.S. jobs related to international travel. Another "We Can't Wait" job creation measure was announced earlier in January. Several private companies and other organizations have committed to providing about 180,000 youth employment opportunities during the summer of 2012.

“America’s young people face record unemployment, and we need to do everything we can to make sure they’ve got the opportunity to earn the skills and a work ethic that come with a job," said Obama. "It’s important for their future, and for America’s."  

Immigrant-led Ventures Driving Job Growth, Innovation

Wed, Dec 21 3:38 PM

Immigrants are prolific founders of businesses in the United States.Immigrants are among the primary drivers of start-up businesses in the United States, according to a recently released National Foundation for American Policy report.

The NFAP report examined 50 top venture-funded privately held U.S. companies, and found that 46 percent were founded or co-founded by an immigrant. In addition, 74 percent of the companies had an immigrant working in a top management or product development position, with the most common immigrant-held jobs being CIO, CEO and vice president of engineering.

Most of the immigrant founders of these start-ups hailed from India, Israel, Canada, Iran and New Zealand, but European nationalities were also well-represented, with founders coming from Italy, Greece, Norway, Germany, the United Kingdom, Switzerland and France.

According to the report, the findings not only illustrated the critical role immigrants play in fostering U.S. economic growth and innovation, but showed that successful immigrant entrepreneurs often partner with U.S. citizens to create new businesses and develop new products and services.

Given the economic benefits stemming from immigrant entrepreneurship, the report stated it makes sense for the United States to pursue immigration reform policies to encourage this trend. The report singled out the case of Alex Mehr and Shayan Zaden, the Iranian founders of the popular online dating site Zoosk. Despite earning advanced degrees at U.S. universities, the two men were unable to secure the U.S. visas necessary for starting their business until Mehr won a green card through the annual diversity lottery.

Lawmakers in both the U.S. Senate and House of Representatives have introduced bills that would make it easier for graduates of science, technology, math and engineering advanced degree programs to remain in the United States to work, but in the meantime, some creative workarounds are being proposed to help immigrant entrepreneurs get their businesses up and running. A start-up called Blueseed is planning to offer office space on a ship that will be based in international waters off the California coast, providing immigrant-run businesses a way to operate in close proximity to Silicon Valley even if they have not been able to secure all the necessary visas to live and work in the United States.

Investigations Propose Need for EB-5 Regulation

Mon, Dec 19 6:25 PM

The EB-5 visa program has been met with much scrutiny lately, with many believing the program needs stricter regulations.Immigration authorities in the United States are facing some tough questions about the administration of a popular visa program.

The EB-5 visa program was established in 1990 and has created much discussion during recent debates over immigration reform. Under the program, in exchange for securing U.S. visas for themselves and their families, foreigners must invest $500,000 in an American business project, according to The New York Times. These visas can be converted to permanent green cards after two years if the investment created at least 10 jobs.

According to the U.S. Citizenship and Immigration Services' website, each of the investments must serve either a community that has unemployment rates at 150 percent rate of the national average, or a rural area. Because the projects will be located in these struggling communities, the program was set up so that foreign investors would have little to gain from the investment, beyond acquiring their visas.

However, recent reporting by The New York Times found that some EB-5-financed projects are located in some of the wealthiest neighborhoods in the country. One example is the Battery Maritime Building, which is located near Wall Street in the affluent area of lower Manhattan. According to the newspaper, that building project has qualified for EB-5 backing because it is located in a development zone that includes both wealthy areas of Manhattan and impoverished neighborhoods in Brooklyn, across the East River. The Times described the zone as similar to a "gerrymandered political district."

“The question is, are the state authorities adhering to the spirit of the law?” Alejandro Mayorkas, director of USCIS, told the paper. “Are the people from the areas of high unemployment being employed?… If they’re not being hired from those areas, then the question is justified.”
The program, which provides many American-based companies with an additional source of funding, has largely gone unregulated during its more than 20 years. Foreign companies that undertake marketing for the program have promoted unrealistic claims, according to a Reuter’s report, “Overselling the American dream overseas.” Some imply that investments are insured or government-backed, while other marketing outfits have claimed that green cards are guaranteed to investors.

While the program might be coming under some justified scrutiny, and while prospective immigrant entrepreneurs would be well-advised to do their homework before putting down any money, there's no doubt that the program has been hugely popular. More than 3,800 applications were submitted during the 2011 fiscal year, four times the number which were received only two years previous, according to The New York Times.

More Foreign Workers Means More Jobs for U.S. Citizens

Fri, Dec 16 7:19 PM

 More immigrants working in STEM fields in the United States could raise the employment rate for U.S. citizens, as well.As the national unemployment rate hovers around 9 percent, one way to spur job creation could be to increase the number of immigrant workers in the United States, according to a recently released American Enterprise Institute study by Madeline Zavodny, an economics professor at Agnes Scott University.

After analyzing available data, Zavodny discovered a relationship between the number of highly-educated immigrant workers in a community and elevated employment statistics for U.S. citizen workers.

Considering numbers from all 50 states and the District of Columbia, Zavodny determined that between 2000 and 2007, for every 100 foreign-born workers with a science, technology, engineering or mathematics degree from a U.S. university, 262 jobs were created for U.S.-born workers. For every 100 immigrants with advanced degrees in any field, an additional 44 jobs were generated for U.S.-born workers.

Zavodny also found that states with a higher number of immigrants possessing temporary work visas had lower average unemployment among U.S. natives.

Based on her findings, Zavodny proposed a number of immigration reform measures. She recommended lawmakers increase the number of green cards granted to highly educated immigrant workers, especially international students in STEM fields who graduate from U.S. universities. She also said it would be wise to increase the number of temporary work visas available for both skilled and less-skilled workers, given that only about 151,000 are currently granted each year.

"Changing permanent and temporary immigration policies to favor holders of advanced degrees from U.S. universities in STEM fields is an obvious step given the demand for highly skilled workers and the extensive investment the country already makes in such students," Zavodny wrote. "Without a clear path to stay in the United States, these foreign students will fuel innovation and economic growth in countries that compete with the American economy."

"Green cards for grads" bills, which would increase the number of work visas granted to STEM graduates, have been introduced in both the U.S. Senate and House of Representatives. Appearing with Zavodny at an American Enterprise Institute event in Washington, D.C., on December 15, Republican Representative Tim Griffin of Arkansas said there is bi-partisan support for such a law, and he is optimistic the legislation will pass, according to the Washington Post.

Legislation Would Create Visas for Undocumented Students in STEM Fields

Wed, Dec 14 5:58 PM

Colorado Senator Michael Bennet's recently introduced legislation would create a new kind of green card for STEM grads. 

On December 13, U.S. Senator Michael Bennet, a Colorado Democrat, introduced a bill to encourage more students to study science, technology, engineering and math at U.S. universities, and to make it easier for international students to work in the United States after earning degrees in these fields.

Bennet's bill would foster more enrollment in STEM fields by allowing certain undocumented residents of the United States to obtain a special type of temporary student visa to enroll in STEM programs.

The bill also would create a new type of green card for international students who graduate with STEM degrees.

"This legislation will address a long known problem for American higher education – why force our best and brightest students, those whom we have invested in so significantly, to leave just as they are best positioned to contribute to our society?" said Noah Finkelstein, director of STEM education and a professor of physics at the University of Colorado-Boulder. "U.S. science and technology, and our society more broadly, would not be the great successes they are today if it were not for the innovations, contributions and investment by foreign students who came to this country to study science, technology, engineering and mathematics."

According to information distributed by Bennet's office, between one-half and two-thirds of 2009 Ph.D.s in technical fields went to international students, and more than 40 percent of the 2010 Fortune 500 companies were founded by immigrants or their children.

Bennet's bill also provides for certain changes to the H1-B and L visa systems, to ensure that U.S. citizen STEM workers are not displaced by those from overseas.

A similar "green cards for grads" bill was introduced in the House of Representatives in June by Representative Zoe Lofgren of California. According to Lofgren's office, immigrants founded or co-founded more than 52 percent of Silicon Valley startups.

Simplified U.S. Visa Application Process Takes Effect in Israel

Tue, Dec 13 6:09 PM

Revisions to the U.S. visa application process will make it easier for Israelis to travel to the United States to visit, work and study.The American Embassy in Israel initiated a more streamlined and affordable U.S. visa application process on December 12.

Under the former system, applicants paid separate fees to obtain a required PIN, apply for a visa and receive the document via courier. Under the new system, no PIN is required to schedule an interview, and a single flat fee covers the application and delivery. The fee can be paid by phone, online or at any Israeli Postal Bank location, while interviews can be scheduled by phone or through a new website.

The single payment will also cover both at-home delivery of visa documents and courier services to the U.S. Embassy in the event applicants have to submit additional documentation post-interview. Except in cases where more documents are needed, applicants will be informed at the interview whether a visa will be granted, which according to the Jerusalem Post has been standard practice.

Depending on the type of U.S. visa requested, the fee ranges between $140 and $390. According to the Post, the new single-fee system will save applicants $70.

A U.S. official told the Post the changes are intended to create a "one-stop shop" for visa applicants, sparing them headaches caused by red tape.

Applicants who began the process of obtaining a visa prior to December 12 and who scheduled an interview by December 11 will be processed through the old system. Those who did not schedule an interview as of December 11 will be required to reapply under the new system.

According to the website of the U.S. Embassy in Israel, nonimmigrant visa applications can be expedited for individuals traveling to the United States for medical treatment or to visit a gravely ill or dying relative, as well as for individuals with approved employment-based H, L, P or O visa petitions. Students applying for F, M or J visas can also receive expedited processing to meet enrollment or attendance deadlines at U.S. schools. 

Fairness for High-Skilled Immigrants Act Too Small to Make a Big Splash

Mon, Dec 12 6:11 PM

While The Fairness for High-Skilled Immigrants Act removes of per-country caps for green cards, gigantic backlogs for countries like China and India almost guarantee several more years of waiting for many foreign members of America's workforce. While HR 3012, known as The Fairness for High-Skilled Immigrants Act, eliminates the caps placed on countries for business visas, many critics find the bill does not do quite enough.

The bill, recently passed by the U.S. House of Representatives, comes as a welcome first step to facilitating more business-related immigration from countries with large pools of applicants, like China and India. The Economic Times recently highlighted the story of Ashish Kumar, an India-born IT worker in New Jersey. Having a green card would help Kumar, who has worked under a non-immigrant H-1B visa and its extensions since 2003, and has to apply for advance parole every time he leaves the United States.

While the removal of per-country caps gives qualified foreigners a better chance at securing an employment-based green card, the act does not eliminate what some of its detractors say is the real problem: too few green cards. Each year, a maximum of 140,000 green cards are given to advanced degree holders and skilled workers, which still severely undercuts the talented, willing workforce at America’s disposal, according to the Wall Street Journal.

The new act, which would establish a first-come, first-served policy for available work visas, will give Kumar and others like him a better chance at securing a green card, but they will likely still have to wait several years. According to a recent report by the National Foundation for American Policy, “Keeping Talent in America,” the current backlog of Indians alone waiting for a green card is at 210,000.

The new act would also change some aspects of the visa process for effecting family reunifications, but many foreign-born residents who have relatives overseas would still face a number of years of wait time. The NAFP paper also found that Filipino-Americans wanting to bring over a sibling from the Philippines often wait more than 20 years. While the act increases the per-country cap from 7 percent to 15 percent for family-sponsored applicants from Mexico and the Philippines, wait times will still be decades-long.

State Department to Review J-1 Visa Program

Thu, Dec 8 6:28 PM

U.S. Secretary of State Hillary Clinton has called for a review of the popular J-1 student visa program.U.S. Secretary of State Hillary Clinton has called for a review of the popular J-1 student visa program, an anonymous State Department spokesperson told The Associated Press.

The J-1 program was created in 1963, enabling international college students to obtain short-term employment in the United States, often during summer breaks from school. In 2010, there were 132,342 participants in the Summer Work Travel Program, according to State Department figures, which also show that every month, there are more than 170,000 J-1 visa holders working, studying or teaching in the United States.

Despite the popularity of the program, it has lately come under scrutiny. In August, hundreds of J-1 visa holders walked off the job at a Hershey's packing plant in Pennsylvania, saying the work conditions were grueling, pay was abysmal and they were not benefiting from any meaningful educational experience, which is part of the stated mission of the J-1 program.

"There is no cultural exchange, none, none," Zhao Huijiao, one of the protesting students, told The New York Times. "It is just work, work faster, work."

More recently, a federal indictment stated that organized crime rings in the United States have been able to use the J-1 program to bring women from Eastern Europe to work in New York strip clubs, the AP reported.

Per Secretary Clinton's order, the State Department will undertake an "extensive and thorough review" of the program, the AP's source said.

While the allegations of exploitation are troubling, the J-1 program saw participation rise from 20,000 students in 1996 to more than 150,000 in 2008, the AP reported. As of November 1, there were more than 40,000 people with J-1 visas in California and New York alone, and more than 1 million students have participated in the last 10 years, according to the State Department.

Those interested in participating in the program need to obtain a Form DS-2019 from one of the program sponsors listed on the State Department website, then apply for the visa at a U.S. embassy or consulate.  

Michigan Governor Says Immigration Key to Economic Development

Thu, Dec 1 5:01 PM

Michigan's governor has vowed to encourage business-related immigration.In a speech delivered at Delta College on December 1, Michigan Governor Rick Snyder stressed the important role immigrants play in the state's economy and vowed to encourage education- and business-related immigration.

Calling federal caps on H1-B temporary work visas "arbitrary," Snyder urged Michigan's congressional delegation to undertake legislation to permanently raise the work visa cap and eliminate it altogether for those who earned an advanced degree from a U.S. college or university. He said Congress should pass a "green cards for grads" bill that is being considered, which would create a pathway for graduates of science, technology, engineering and mathematics programs to obtain permanent residency status.

"It is time to enact this legislation and allow these valuable members of our higher education communities to become permanent, contributing members of our Michigan companies and communities," Snyder said.

He also drew attention to the EB-5 immigrant investor program, which provides green cards to foreign entrepreneurs who invest capital in job-creating U.S. enterprises. Snyder said he will petition the U.S. Department of Homeland Security to renew the program, which is set to expire in September 2012. He said he would also like to see eligibility requirements change, so that those who invest $500,000 in a Michigan business and create five jobs in the state can obtain an EB-5 visa.

Snyder reaffirmed his support of the Michigan Global Initiative, which is a program to attract international students and business people to the state. However, he said immigration reform is needed at the federal level.

"While the Michigan Global Initiative can help our state recapture the entrepreneurial power of immigrants, aspects of the nation's immigration laws pose needless barriers to their success," Snyder said. "Immigration laws are established at the federal level, so it's important that Michigan partner with the federal government to better attract highly educated foreign talent."

Snyder delivered his speech two days after the U.S. House of Representatives voted by a wide margin to eliminate business visa per-country caps. If signed into law, this measure would not raise the total number of business visas granted, but would change the U.S. visa application system by granting these documents to immigrants on a first-come, first-serve basis.

House Approves Elimination of Per-County Visa Caps

Wed, Nov 30 7:39 PM

The U.S. House of Representatives passed a bill to end per-country caps on business visas.By a margin of 389-15, the U.S. House of Representatives voted on November 29 to approve a bill abolishing per-country limits on business visas.

If the bill goes on to pass the Senate and be signed into law, it will eliminate a rule that no single country can be granted more than 7 percent of the total number of employment-based U.S. visas issued in a given year. It will also alter family-based visa caps from 7 percent to 15 percent per country, to allow more naturalized citizens to bring loved ones to the United States.

U.S. Senator Charles Schumer of New York, the Democratic head of the Senate Judiciary Panel on Immigration, called per-country caps "outdated constraints" on business-friendly immigration, and vowed to act quickly to bring the bill to a vote in the Senate, The Associated Press reported.

Currently, the United States issues about 140,000 green cards each year. The new law would not change this number, but would make the U.S. visa application process a matter of first-come, first-serve, with applicants' country of origin not taken into account.

Nasscom, an influential organization advocating for the information technology industry in India, praised the House's action. Ameet Nivsarkar, vice president of Nasscom, told India's Business Standard, "This will certainly ease the pressure from the other categories of work visas like H1-B."

However, the CEO of Indian tech company Zensar Technologies, Ganesh Natarajan, told the Business Standard that a more pressing issue than per-country caps is a recent increase in visa rejections for Indians. Natarajan said, "A more collaborative immigration and business visit process is what is needed now."

The vote should please the many prominent American business, political and academic leaders – including New York City Mayor Michael Bloomberg and James Goodnight, CEO of SAS Institute – who have urged Congress to both lift per-country caps on business visas and to allow more to be issued each year.
 

Offshore Offices to Work Around Visa System

Mon, Nov 28 6:00 PM

Blueseed seeks to create a community of immigrant entrepreneurs aboard a ship off the California coast.In an effort to circumvent U.S. immigration laws while drawing attention to the need for immigration reform, a start-up company called Blueseed is developing an ambitious and unusual project: It aims to purchase or lease a ship that will be anchored in international waters off the California coast and serve as a "floating incubator" for immigrant-founded tech companies that want to do business in Silicon Valley.

Under the Blueseed model, businesses would rent office space on the ship, which would be anchored about 12 miles west of Half Moon Bay. Frequent ferry service would be provided to the mainland, allowing the shipboard entrepreneurs to do business in Silicon Valley without having to obtain an H1-B visa, which can be difficult to acquire due to annual caps. Instead, residents of the ship would each secure a B-1 visa, which are easier to get than H1-Bs, are valid up to 10 years, and allow entrance to the United States for purposes of business.

The unconventional arrangement could potentially run afoul of immigration authorities, but speaking to Ars Technica about the Blueseed participants, an immigration law expert said, "I think they'll become the poster child to demonstrate what's wrong with the system." This would potentially make it difficult for immigration officers to turn away the Blueseed businessmen when they try to come ashore.

Blueseed plans to launch in 2013, according to its website. One of the company's founders, Max Marty, told Ars Technica that rents on the ship will likely run between $1,200 and $3,000 per month, to be competitive with rents for Silicon Valley real estate. Marty said a number of international companies have expressed interest in participating.

Prominent public figures, including Mayor Michael Bloomberg of New York City, have recently called on the U.S. government to increase business visas to stimulate economic growth. In June, Democratic Representative Zoe Lofgren of California introduced a "green cards for grads" bill, which would extend legal residency to certain international students who graduate from science, math, technology and engineering programs at U.S. universities.

Child Dies While Mother Waits for K-1 Visa

Tue, Nov 22 4:14 PM

The daughter of a U.S. citizen and his Vietnamese fiancee died while the couple waited to be granted a K-1 visa.Can Giang Tran Thi was recently awarded a visa to move from Vietnam to the United States, where her fiance, Clay Riggsbee, lives in North Myrtle Beach, South Carolina. However, this happy turn of events has been marred by the recent death of the couple's child, which they blame on an inefficient U.S. visa application process.

Riggsbee met Thi, who he calls Yin, on a vacation in Vietnam in 2007, and they became engaged a year later, according to South Carolina ABC affiliate WPDE. However, when Yin applied for a K-1 Fiancee Visa in 2009, she was turned down. The news source quoted a letter from the U.S. consulate stating it believed Yin's engagement was a "sham entered into to evade immigration law."

A drawn-out process of re-filing the visa application and interviewing at the consulate ensued, with Riggsbee making trips to Vietnam to assist, WPDE reported. During this time, Yin became pregnant, and the consulate requested DNA evidence that the child was Riggsbee's.

The visa still had not been approved when the couple's daughter was born in June, so when the child contracted hand, foot and mouth disease, she could not be brought to the United States for medical care, according to the source. The child died in September.

Calling the death "the most senseless I've ever seen in my life," Riggsbee told the news source his appeals to senators, immigration authorities and other government officials during the visa application process appeared to fall on deaf ears. A State Department spokesperson told WPDE that no comment could be made regarding individual cases due to privacy law concerns.

According to the website of the U.S. Customs and Immigration Services agency, to obtain a K-1 visa, applicants must fill out immigration form I-129F. The State Department website says that processing times for the K-1 visa vary on a case-by-case basis, but applicants can refer to the USCIS website to check on their application status. Individuals who enter the country on a K-1 visa are required to wed a U.S. citizen within 90 days.

New Jersey Indonesians Face Deportation

Mon, Nov 21 6:30 PM

Indonesians who fled the country in the 1990s and settled in New Jersey are now facing deportation.As Indonesia's Christians were targeted for persecution in the 1990s, a number of them traveled to the United States on a U.S. tourist visa and decided to remain in the country after the visa expired. According to the New Jersey Star-Ledger, many of these illegal Indonesian immigrants were able to obtain jobs and housing in the Garden State under the relatively liberal immigration policies prior to September 11, but have struggled to negotiate the more stringent policies pursued since then and now face deportation.

After September 11, immigrants from predominantly Muslim countries like Indonesia were required to register with immigration authorities, and according to the Star-Ledger, many of New Jersey's Indonesian men did so, in hopes of obtaining legal residency. Instead, they found themselves targeted for deportation.

A 2006 raid on an apartment complex in Middlesex County resulted in 32 Indonesian immigrants being detained, many of whom were ultimately deported, the Star-Ledger reported. Following this raid, other Indonesians in New Jersey effectively went into hiding. This situation improved when a local pastor negotiated an agreement with the U.S. Immigration and Customs Enforcement agency to grant the New Jersey Indonesians a two-year order of supervision, which allowed them to obtain a work permit and remain in the country, periodically checking in with ICE agents.

However, the two-year term of the order has now almost expired, and so far, 60 Indonesians have been given a leave-by date, when they must present ICE with their travel arrangements to exit the country, the news source reported.

The affected immigrants hope for favorable rulings when their cases are reviewed by ICE, which will be done as part of the Obama Administration's initiative to reconsider every pending deportation and pursue only those deemed high priority from a national security standpoint, according to the Star-Ledger.

Although the comprehensive review was announced in June, the review process began on November 17. Under the established system, immigrants who are granted "prosecutorial discretion" will have their deportations canceled and their cases closed, but the government will reserve the right to reinstate the deportation order if the immigrant commits a crime. 

Government Officials Issue International Education Week Statements

Thu, Nov 17 5:15 PM

During International Education Week, U.S. officials encouraged international students to study in the United States.To mark International Education Week – occurring between November 14 and 18 – the U.S. Department of State collaborated with the Department of Education on a website featuring information about how U.S. students can study abroad and how international students can attend schools in the United States.

In a statement posted to the site, Janice Jacobs of the Bureau of Consular Affairs encouraged international students to investigate higher education in the United States. She stressed that U.S. consular officers around the globe have undertaken efforts to make it easier to obtain a student visa. Visa applications are prioritized to enable students to make enrollment deadlines, Jacobs stated, with applicants able to be processed up to 120 days before the start of their intended program.

Jacobs also singled out community colleges as valuable institutions for international students, given their focus on career training and English language instruction.

Addressing U.S. students studying abroad, Jacobs urged them to join the State Department's Smart Traveler Enrollment Program, through which they can receive expedited help with needs such as passport replacement.

The site features statements from other public figures, such as Secretary of State Hilary Clinton and Secretary of Education Arne Duncan, as well many diplomats and state governors. Many of these officials stressed how valuable it is to study abroad, given the increasingly global nature of the economy.

The proclamation from New York Governor Andrew Cuomo was typical, stating, "In these challenging economic times, the importance of preparing citizens for engaging in a global economy is of paramount importance, and can be fostered through educational and cultural exchange."

International Education Week also saw the release of a report from the Institute of International Education, which showed that foreign student enrollment at U.S. colleges and universities has risen 32 percent in the last decade. 

More International Students on US Campuses

Tue, Nov 15 6:04 PM

The number of international students at U.S. colleges has risen during the last decade.Led by enrollments from Asian countries, the number of international students studying at U.S. colleges and universities rose 5 percent during the 2010-2011 school year, according to a recently released Institute of International Education report.

Enrollment of Chinese students reached 157,558 in 2010-2011, which represented a 23 percent increase from the previous year. Of the 10 countries that sent the most college students to the United States last year, six were located in Asia. India took the No. 2 ranking behind China, followed by South Korea at No. 3, Taiwan at No. 5, Japan at No. 7 and Vietnam at No. 8. Canada (4), Saudi Arabia (6), Mexico (9) and Turkey (10) rounded out the top 10.

The total number of international students last year – 723,277 – was 32 percent greater than the number a decade ago, according to the IIE. Reporting on these numbers, USA Today noted that student visa applications dropped after the attacks of September 11, 2001, which resulted in tightened immigration policies.

Perhaps reflecting the changed atmosphere since 2001, last year saw a significant volume of enrollments from nations with contentious diplomatic relations with the United States. The number of students from Saudi Arabia rose 44 percent from 2009-2010, while enrollment from Iran increased 19 percent and Venezualan enrollment went up 11 percent.

Recently, business and academic leaders have called on the government to reform certain U.S. visa policies to enable more international students to remain in the country after graduation.

In June, the Business Roundtable and Harvard University co-hosted an event at which a senior adviser to President Barack Obama said the administration wants to encourage highly skilled graduates to settle in the United States. Also that month, U.S. Representative Zoe Lofgren of California introduced a "green cards for grads" bill, providing for an expedited route to legal residency for international students who earn an advanced degree in a science, technology, engineering or mathematics field. 

USCIS Reverses Decision, Grants Work Visa to Entrepreneur Immigrant

Mon, Nov 7 6:33 PM

Amit Aharoni will be returning to San Francisco know that USCIS has reversed its decision to deny him a work visa.One day after ABC World News aired a story about Amit Aharoni, an Israeli immigrant who founded a successful company in California but was denied a work visa, the U.S. Citizenship and Immigration Services agency reversed its ruling.

On November 1, ABC aired and published a report on Aharoni's situation, describing how the Stanford Business School graduate raised $1.65 million to start a website called CruiseWise.com, designed to facilitate online cruise ship vacation bookings. The company has already hired nine employees and is set to launch within weeks, but encountered a stumbling block on October 4, when Aharoni received a letter from USCIS informing him that his U.S. visa application had been rejected and he needed to immediately leave the country.

Aharoni left San Francisco upon getting this news and proceeded to work remotely from Vancouver.

"I fear that I will be forced to move the center of gravity of CruiseWise to a different place where I can rely on sensible immigration policy," Aharoni told ABC.

On November 2, Aharoni received an email from USCIS telling him that his visa application had been reconsidered and accepted. He told ABC he plans to return to the United States as soon as possible.

Aharoni's story amplifies the message increasingly being voiced by business leaders and academics, that the United States needs to reform its process for granting business visas and green cards to encourage entrepreneurs to start enterprises in the country.

In a recent speech to the U.S. Chamber of Commerce and a Wall Street Journal op-ed, New York Mayor Michael Bloomberg pointed out that the government issues more family reunification green cards each year than business green cards, and he called for this imbalance to be redressed. His points were echoed by a panel of mayors, CEOs and academics convened in El Paso, Texas, in October.

Visa requirements linked to hockey player's early retirement

Fri, Nov 4 5:17 PM

A visa issue prevented a Canadian hockey player from joining a team in California.Complications stemming from the U.S. visa system might have cut hockey player Chad Starling's career short.

On September 29, the Canadian-born Starling was turned back at the Saskatchewan-Montana border crossing in Sweetgrass while attempting to enter the United States to attend training camp, reported the San Bernardino Sun. The issue: He presented the border protection officer a letter confirming his B-1 visa status, but he actually needed a P-1 visa.

As the Sun explained, an athlete coming to the United States to try out for a team can enter with a B-1 visitor business visa, but athletes who have already signed a contract with a team need a P-1A internationally recognized athlete visa or an H-2 temporary work visa. Because Starling had already signed a contract with a California AA hockey team, the Sweetgrass guard denied him entry.

The Sweetgrass station's public affairs liaison told the source there is no fee associated with B-1 visas for Candians, but there is a fee for P-1 visas. The Sun reported that the fee for a P-1 visa is $325, but the processing time for the visa typically takes months, so sports teams on a tight schedule usually pay a $1,225 fee for expedited processing.

According to the Sun, it's standard practice for AA teams to issue B-1 visas, which limits costs incurred for players who might be cut during training camp, even if they have a contract.

Even though Starling's P-1 visa was approved within two weeks of his attempted entry, events that unfolded during training camp – including injuries to other players and team lodging issues – led the team to cut him, the source reported. Starling told the Star he believes the visa confusion has resulted in his early retirement from hockey. The newspaper suggested a change in visa requirements for minor league athletes is warranted.

The U.S. Department of State caps the number of H-2 nonagricultural worker visas at 66,000 per year and caps P-1 visas at 25,000 per year. 

Record Number of Work Visas Granted to Indians

Wed, Oct 26 6:12 PM

The United States issued a record number of work visas to Indians in 2011.The U.S. State Department recently announced the U.S. Mission to India issued a record number of work visas during the 2011 fiscal year.

After receiving the highest number of applications for H-1B work visas in its history, the U.S. Mission to India granted 67,195 of the documents, which allow international workers to be employed in the United States for three years. According to the State Department, this represents a 24 percent year-over-year increase in the number of H-1B visas granted to Indian workers.

More business visas are granted to India than to any other country. In 2011, it received more than twice as many H-1B visas as the four next-highest countries put together and also accounted for 37 percent of L-1 visas issued globally. L-1 visas allow for intra-company transfers across international borders.

The State Department said the historic number of visa applications and conferrals is an indication of how strong business ties are between the United States and India.

Despite these healthy numbers, business and political leaders in both the United States and India have recently called for even more business-related visas to be granted.

In September, Indian Commerce and Industry Minister Anand Sharma told a CEO forum in Washington, D.C., that demand is still outstripping supply when it comes to the number of H-1Bs issued to Indians.

A few days after Sharma spoke to the CEO conference, New York City Mayor Michael Bloomberg brought up the issue of business-related visas and green cards while addressing a U.S. Chamber of Commerce gathering. He said that to grow the economy, the United States should do away with per-country caps on business visas and redress the inequality between the number of family reunification green cards and business green cards issued each year.

Senators Propose Residency Visas for International Homebuyers

Fri, Oct 21 9:29 AM

International homebuyers who purchase property in the United States could be eligible for residency visas under a newly proposed program.U.S. Senators Charles Schumer, Democrat of New York, and Mike Lee, Republican of Utah, are working on legislation to grant residency visas to international homebuyers who purchase U.S. properties worth at least $500,000.

Under the bill, foreign buyers would be eligible for a residency visa after spending at least half a million dollars on a house, condo or townhouse, or buying a personal residence for at least $250,000 and supplementing this with a combination of investment properties to reach the $500,000 threshold.

These foreign investor residency visas would not qualify recipients to be employed in the United States, but they could file a separate application for a work permit.

“This is a way to create more demand without costing the federal government a nickel,” Sen. Schumer told the Wall Street Journal.

The hard-hit housing market has proven intractable even as other sectors of the economy have begun to recover, and leading economist Mark Zandi recently told a mortgage bankers conference that real estate stabilization could still be a year or more away. In this climate, with house prices low and the exchange rate favorable for many foreign investors, international homebuyers have become an important driver of sales.

A Vero Beach, Florida, real estate agent told the Wall Street Journal that foreign buyers accounted for about a third of all her sales in the past year. This reflects data from real estate firm Trulia, which announced that 31 percent of Florida’s home sales between March 2010 and March 2011 went to international buyers.

There would be no cap on the number of homebuyer investor visas, the Journal reported. Recently, business and academic leaders have called on the government to eliminate per-country caps on business-related green cards and education visas.

New USCIS Program to Tap Business Leaders

Wed, Oct 12 4:43 PM

A new USCIS initiative will enlist business leaders to revamp the visa system.The U.S. Citizenship and Immigration Services agency recently announced it will launch an "Entrepreneurs in Residence" program to glean recommendations from business leaders about how to make the U.S. visa system more effective at promoting economic growth.

Alejandro Mayorkas, the director of USCIS, announced the program on October 11 in Pittsburgh, during a meeting of the President's Council on Jobs and Competitiveness.

"The introduction of expert views from the private and public sector will help us ensure that our policies and processes fully realize the immigration law's potential to create and protect American jobs," Mayorkas said.

The program will begin with a series of summits to gather input, followed by the establishment of a tactical team to draw up and institute changes to the visa system.

Mayorkas did not specify who will be tapped to participate in the informational summits, but he will do so in the near future, according to Bloomberg News. The source reported that the program will address all visa categories, including H2-A agricultural visas and O-1 artist visas, as well as business-related EB-5 immigrant investor visas and H-2B non-agricultural work permits.

Business leaders recently called for visa reform at events in El Paso, Texas, and Washington, D.C. Speaking at a U.S. Chamber of Commerce conference, New York City Mayor Michael Bloomberg said more business-related visas need to be issued each year.  

Retailers Push for Faster Visa Process

Tue, Oct 11 4:50 PM

An association of U.S. retailers is pushing for a faster visa process for Chinese applicants.Representatives of the National Retail Federation will meet with officials at the U.S. Embassy in China to discuss strategies for speeding up visa applications, the Financial Times recently reported.

The NRF – a lobbying group whose board includes executives from Macy's, Neiman Marcus, Guitar Center and PetSmart – wants the U.S. government to expedite business and travel visas for Chinese applicants, saying tourism spending will stimulate the U.S. economy while employment visas are necessary to bring managers of Chinese retail stores to the United States for training, according to the Financial Times.

David French, senior vice president for government relations at NRF, told the source an administrative logjam has been created by a surge in U.S. visa applications this year, as the number of Chinese travelers to the United States rose 48 percent from 2010.

However, the visa process is also snarled by the requirement that all U.S. visa applicants go through an interview process, which is not part of the visa application process for many other countries, the newspaper reported.

U.S. Senator Amy Klobuchar, Democrat from Minnesota, recently co-sponsored a bill to streamline the travel visa application process. A news release from her office stated it can take Brazilians 150 days to obtain a U.S. visa, whereas they can secure a U.K. visa in about 12 days. 

Senators Propose Travel Visa Reform

Fri, Oct 7 1:06 PM

Lawmakers have proposed a bill to make the travel visa application process easier.U.S. Senators Amy Klobuchar, Democrat from Minnesota, and Roy Blunt, Republican from Missouri, recently introduced legislation to streamline the travel visa application process to stimulate tourism.

Complicated procedures for obtaining a travel visa to the United States has hurt the domestic tourism industry, according to a news release issued by Klobuchar's office. The United States' overseas arrivals have fallen from 17 percent of the world total in 2000 to 12.4 percent today, while worldwide long-haul travel has increased 40 percent in the last 11 years, according to data cited by the release.

Illustrating the difficulty of obtaining a U.S. travel visa, Klobuchar's office said it can take Brazilians 150 days to obtain documentation to travel to the United States, while they can get a visa for travel to the U.K. in 12 days. Doug Killian, the Mall of America tourism director, told the Minneapolis Star Tribune the situation is similar in China, where would-be tourists must sometimes travel for days in order to interview in-person for a U.S. visa.

To cut down on wait times and make the U.S. visa application process easier, the legislation proposes the State Department use visa fees to pay for improvements. The bill also gives the department discretion to extend already-issued tourist visas for up to three years without an in-person applicant interview.

In addition to onerous visa application requirements, U.S. tourism has been hurt by recent tough immigration laws in some states, with losses totaling an estimated $90 million in Arizona, according to Travel Weekly.
 

Bloomberg calls for more visas, green cards to boost business

Fri, Sep 30 4:51 PM

NYC Mayor Michael Bloomberg recently called for the government to issue more green cards and visas.Delivering the keynote address at the recent U.S. Chamber of Commerce Immigration and Competitiveness Conference, New York City Mayor Michael Bloomberg called for fewer restrictions on green cards and visas for business- and education-related immigration.

Drawing attention to figures showing 85 percent of visas are granted for family reunification reasons, Bloomberg said a greater proportion must be given to entrepreneurs and other high-skill workers.

The mayor dismissed concerns that increased temporary worker visas means jobs will go to immigrants rather than U.S. citizens, saying union jobs are actually generated by foreign nationals who come to the United States and innovate new products to be manufactured.

Bloomberg also said the policy of capping visas on a per-country basis does not make sense and Congress should revamp the visa system. He proposed that graduate students in certain math and science fields be awarded green cards automatically.

The mayor's speech has drawn criticism from immigration reform hardliners like Roy Beck, president of the group NumbersUSA.

The Talk Radio News Service quoted Beck as saying, "It's very offensive to the parents of today's high school students and college students for Mayor Bloomberg to continually go around and say that these American children are not worthy of getting the jobs when they get out of college, but instead we need to have a whole lot more foreign students come in and take those jobs." 

New Website Streamlines Student Visa Application Process

Mon, Sep 19 3:03 PM

Federal immigration agencies recently launched a new website, Study in the States (studyinthestates.dhs.gov), to streamline the student visa application process and encourage international college students to attend school in the United States.

Eight federal immigration enforcement agencies collaborated on the site, including the Department of Homeland Security, the Student and Exchange Visitor Program and the U.S. Citizenship and Immigration Services agency. During a recent conference call regarding the website, Homeland Security Secretary Janet Napolitano referred to it as a "one-stop shop" for matters related to student visas. Immigration and Customs Enforcement Director Joe Morton said the website will improve national security while lessening the burden of paperwork on international students already in the country.

In addition to web pages devoted to the student visa application process, the website incorporates social media to inform users about the latest student visa news and other immigration matters. It also announces the Study in the States Initiative, which is a project to evaluate and improve the student visa and exchange visitor programs.

Secretary Napolitano unveiled the website at the University of Wisconsin-Madison. In her speech to students, she stressed that international students help drive the U.S. economy, having contributed more than $20 billion nationally in 2009-2010, the Badger Herald reported.

T-Visa and U-Visa Applications on the Rise

Fri, Sep 16 4:43 PM

U.S. Citizenship and Immigration Services agents held press conferences in Los Angeles and San Francisco recently, saying applications for T- and U-Visas have risen significantly this year thanks to training sessions USCIS has held with police departments.

The immigration agents were in California on a nationwide tour to educate law enforcement officers about T- and U-Visas.

Human trafficking victims are eligible for T-Visas, and victims of other crimes can apply for U-Visas, which allow them to remain in the country and take jobs, but applicants must obtain police documentation confirming that the crime occurred and the victim was cooperative with the investigation. Law enforcement officers who are confused about what the visas are sometimes do not provide this documentation, Fox News Latino reports.

USCIS figures indicate 723 T-1 Visa applications had been received and 368 had been approved as of June 2011. In 2010, the agency received 574 applications and approved 447. For U-Visas, 11,723 applications had been received as of June 2011 and 8,734 had been approved. Last year, 10,742 applications were received and 10,073 were approved.

Victims' families can also apply for these special visas, and family member applications for 2011 are outpacing 2010.

A Nashville-area woman recently applied for a U-Visa after law enforcement officers kept her shackled to a hospital bed while she was in labor. A court awarded her $200,000 in damages. 

New Automated System Checks for Visa Violations

Tue, Sep 13 12:13 PM

The U.S. Department of Homeland Security and other immigration enforcement agencies have begun to use an automated system to identify immigrants and visitors to the United States who have overstayed their visas, a DHS official recently told The Associated Press.

John Cohen, deputy counterterrorism coordinator at DHS, told the source the new system links national security, immigration and law enforcement databases to streamline the process of cross-referencing the names of visa applicants and holders. Cohen said the number one priority is identifying individuals who remain in the country on expired visas or who are violating their visa conditions.

The recent 10-year anniversary of 9/11 drew renewed attention to this issue, as people were reminded that some of the hijackers had overstayed their visas or were not attending the school they had named on their student visa applications.

Cohen told the AP the automated system has identified 839,000 people in the country in violation of their visas. This is slightly more than the number Rand Beers, under secretary for the National Protection and Programs Directorate, gave the Senate Committee on Homeland Security in July. Beers said federal agencies are collaborating to address 757,000 visa overstays flagged as national security concerns. 

Springfield Voters will Decide on E-Verify Law

Fri, Sep 9 9:33 AM

Due to a recent split city council vote, residents of Springfield, Missouri, will decide whether to enact a new immigration law by casting ballots next winter or spring.

The proposed law, initiated through an Ozarks Minutemen petition, calls for the city's businesses to use the federal E-Verify database to ensure all employees have a work visa or are otherwise authorized to take jobs in the United States.

Despite protesters gathering at city hall, supporters of the measure expressed surprise it did not pass. Jerry Wilson, director of communications for the Ozarks Minutemen, told KY3 the group was "puzzled" by the split decision.

Councilman Scott Bailes, absent for the vote, told the source he had anticipated the measure would be approved and then amended to eliminate some of its more controversial and possibly illegal stipulations, such as steep fines for businesses that employ undocumented workers.

Opponents of the proposal said it could make the town vulnerable to costly litigation and sow discord in the community.

Georgia is among the states to institute an E-Verify law, which recently created a snafu for an Atlanta airport project. Because many applicants for vendor spots at Hartsfield International Airport didn't fill out their E-Verify forms completely or correctly, all proposals will be scrapped and the application process started over.  

Internet Scam Offers Visas for $900

Fri, Sep 2 1:03 PM

An internet scam is victimizing people who want to obtain a U.S. visa, NBC Miami recently reported.

According to the source, thousands of visa applicants have received an email telling them they have won a U.S. Department of State lottery and will be provided a visa – as soon as they wire $900 through Western Union.

Carmen Pino, a worker with the U.S. Immigration and Customs Enforcement agency, told NBC Miami the email is a fraud, and might indicate the computer system tracking visa applications has been compromised by a hacker.

One recipient of the email, Venezualan Hely Santilez, told the source that the email asked for details of his family, and for money. He said he was suspicious of the message and did not send money because in his past travels to the United States, he always paid the U.S. Embassy directly for his visas.

The Department of State reports there were 3,564 cases of visa and passport fraud reported in 2005. Penalties for visa fraud range from 10 years imprisonment for a first offense to 25 years, if the fraud was related to international terrorism.

ICE Arrests 27 Dallas Residents for Visa Violations

Thu, Sep 1 11:13 AM

U.S. Immigration and Customs Enforcement agents recently arrested 27 individuals in the Dallas area on charges of violating the terms of their visas.

The 11-day operation rounded up immigrants from a variety of countries, including Nepal, Pakistan, Mexico and India, who allegedly overstayed visitor and student visas.

ICE indicated one of the arrestees had registered for flight school but never showed up, the Dallas Observer reports. An ICE special agent, Alysa Erichs, said the tough crackdown on student visa violations is a legacy of 9-11, because some of the terrorists involved in the 9-11 attacks trained at civilian flight schools in the United States.

While screening of flight school students has become more rigorous since 9-11, there are still some loopholes in the system, Bloomberg News recently reported. For example, some schools are not inspected by the Transportation Security Administration every year. This has led instructors and administrators to voluntarily implement tougher admission procedures.

Two of the arrested individuals also face charges of falsely claiming American citizenship, according to the Immigration Prof Blog. If convicted of this felony, these immigrants would likely be deported and prohibited from ever re-entering the country.

These arrests come shortly after the Obama Administration announced a new immigration enforcement policy, designed to target dangerous criminals who are in the country illegally. Deportation proceedings against many other undocumented residents have already been suspended.

New Visas Available for Northern Mariana Workers

Wed, Aug 31 12:54 PM

U.S. Secretary of Homeland Security Janet Napolitano recently signed regulations to provide special worker visas in the Northern Mariana Islands.

In 2009, the Commonwealth of the Northern Mariana Islands began transitioning from a local immigration authority to a system governed by U.S. agencies. A temporary worker visa was created for the transition period, which is scheduled to last until 2014. However, a federal court blocked the institution of this visa category, leading to uncertainty in the islands.

Doug Brennan, president of the CNMI Chamber of Commerce, told the Saipan Tribune the local economy has suffered because business owners have not known whether to hire foreign workers. Foreign workers without an H-visa or other work permit were eligible for deportation as of November 27, until the new policy was signed.

CNMI Delegate Gregorio Kilili Sablan told the source he was briefed by DHS officials, who said the agency will send representatives to the islands in September to clarify the new visa policies and help streamline implementation.

Immigrant rights groups have called for more sweeping policy changes to enable foreign workers in the Marianas to apply for a green card.

The U.S. embassy in the Philippines, just to the west of the Marianas, recently launched a blog, VISAtisfed Voyager, to spread information about how Filipinos can apply for worker and educational visas.

More Visas Needed for Chinese Business People, Biden Says

Fri, Aug 26 1:52 PM

During his recent trip to China, U.S. Vice President Joe Biden said the U.S. visa application process should be reformed to encourage more Chinese business people to travel to the United States.

On August 19, the vice president addressed a U.S.-China business roundtable in Beijing. He said that to foster cooperation between Chinese and American business leaders, the visa process must be reformed.

He reiterated this idea a few days later during a speech at Sichuan University, saying it takes too long for Chinese citizens to obtain visas.

While Biden has pledged to streamline the visa application process for Chinese citizens, U.S. embassies in other Asian countries have recently taken steps in that direction.

In July, the embassy in Manila announced a visa reissuance program. Under this program, Filipinos whose visas are still active or expired within the last year can have them reissued without going through the usual interview process, if they meet certain criteria.

The American embassy in New Delhi recently announced increased funding for EducationUSA advising centers at the U.S.-India Educational Foundation, as well as other steps for easing the visa application process for Indian students who want to study in the United States.

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