Wave of Canadian Refugees Possible This Spring

After authorities identified a suspect in the recent Los Angeles area arson cases as a refugee from Canada who lost a bid for asylum there, the spotlight on Canadian immigration policy intensified.

According to a recent Los Angeles Times article by Kim Murphy, Canada’s government has begun “rolling up the welcome mat” to asylum seekers who previously enjoyed a fairly generous chance at legal entry into Canadian provinces.

In addition to the recent changes in administrative interpretations of asylum, Canada has decided to launch a “balanced refugee reform” program in June that will speed up the asylum review process, slice through a backlog of pending decisions, fund deportation efforts, and likely send many people packing.

Reportedly, Canada is granting about 40 percent of asylum petitions now, and must move through a backlog of more than 42,000 cases while stepping up efforts to deport an estimated 124,000 people who have already been denied asylum but are still residing in Canada. At least 44,000 of them have ignored orders to leave and are facing arrest by the Canadian Border Services Agency.

Some immigration watchers have speculated that the changes in policy and the stepped up enforcement could result in a wave of immigration into the northern states of the U.S. this spring.

If you or one of your family members is a resident of Canada in need of immigration assistance, you may call our offices at (847)564-0712 for an appointment and/or check out our Website for more information about our services.

H-2A and H-2B Visas Open Up for 2012

The U.S. Citizenship and Immigration Services (the “USCIS”) recently announced that citizens from 53 different countries will be eligible to participate in the H-2A and H-2B visa programs this year.

The H-2A program enables employers to hire foreign nationals for temporary agricultural jobs, and the H-2B program enables employers to hire foreign nationals for temporary non-agricultural jobs.

Effective Jan. 18, 2012, nationals of the following 58 countries are eligible to participate in the H-2A and H-2B programs: Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Montenegro, Nauru, the Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, Switzerland, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay and Vanuatu.

In addition to the 53 countries currently on the list, the following five countries were designated for the first time this year: Haiti, Iceland, Montenegro, Spain and Switzerland.

This new list does not immediately affect the status of beneficiaries who are currently in the United States in H-2A or H-2B status, unless they apply to change or extend their status.

If you are an employer or an employer’s representative responsible for hiring, we would be happy to assist you with any immigration counseling and support. Feel free to call us at (847) 564-0712 for an appointment and/or check out our Website for more information on how we can assist you.

Temporary Protected Status Extended for El Salvadorans

The Department of Homeland Security (“DHS”) recently announced that it is extending the Temporary Protected Status (“TPS”) of El Salvador nationals who already have TPS in the U.S.

This will allow qualifying individuals to remain in the U.S. and work here lawfully until DHS has determined that El Salvador is a safe enough and stable enough place to which they can return.

Qualifying individuals can reapply for TPS and work authorizations that will be valid until as late as Sept. 9, 2013. The U.S. Citizenship and Immigration Services will issue updated authorization documents for those who timely re-register, and this will extend forthcoming expiration dates for at least another six months. The re-registration period runs until March 12, 2012.

If you or one of your family members needs assistance with immigration issues relating to El Salvador or any other foreign country, please do not hesitate to call our offices for an appointment at (847) 564-0712 and/or check out our Website for more information.

Immigrants Create Jobs and Expand Economies

According to recent studies by Rob Paral & Associates, a research and analysis firm focused on community development, immigrants do not cause unemployment increases. In fact, the studies show that there is a positive correlation between immigrant populations and economic growth.

Among other things, Rob Paral & Associates found that:

• There was no correlation between the size of foreign-born populations and African American unemployment rates in U.S. metropolitan areas in 2009.
• There was no discernible relationship between recent immigration and various unemployment rates of all citizens at the regional, state or county levels in 2008.

In fact, many parts of the country with large numbers of immigrants, such as the Southwest and Florida, have some of the lowest rates of unemployment in the country.

The studies suggest that this is because immigrant workers spend their wages in U.S. businesses – buying food, clothes, appliances, cars and other goods and services. Businesses, in turn, respond to the increased spending with expansion and new investments.

Rob Paral & Associates also concluded that immigrants and native born workers generally fill different types of jobs that require different skill sets or occupational preferences.

As always, our office remains ready, willing and able to serve immigrants in need of visa or green card assistance, or general advice about immigration. For more information, you can check out our Website, or call our offices at (847)564-0712 to make an appointment for a legal consultation.

Update: H-1B Foreign Worker Slots Closed for FY 2012

As of now, nonimmigrant visas are not available to those individuals who are subject to the H-1B cap, which has been reached for fiscal year 2012. All available slots have been filled for the 65,000 customary H-1B visas, as well as for 20,000 cap-exempt visas set aside for individuals who have obtained an advanced degree.

However, the U.S. Citizenship and Immigration Services (the “USCIS”) will continue to accept and process petitions filed to:

• Extend the amount of time a current H-1B worker may remain in the U.S.;
• Change the terms of employment for current H-1B workers;
• Allow current H-1B workers to change employers; and
• Allow current H-1B workers to work concurrently in a second H-1B position.

U.S. companies use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as scientists, engineers, or computer programmers.

Employers might want to consider preparations in 2012 for filing a petition to sponsor H-1B workers for fiscal year 2013, which starts as of Oct. 1, 2012. Petitions for worker start dates on or after Oct. 1, 2012 may be filed on or after April 1 of the coming year.

Petitions should be filed as soon as possible in order to avoid being shut down by the annual cap limitation for the H-1B program (cap amount of 65,000 expected for FY 2013).

Some petitions for fiscal year 2013 will be exempt from the cap if they are made on behalf of certain individuals who have obtained an advanced U.S. degree, but USCIS grants the exemption only to the first 20,000 applications.

H-1B petitions, in order to be properly filed, must be complete and accurate. Necessary documents include, but are not limited to the following:

• A Form I-129 petition with appropriate supplements;
• Labor condition applications on Form ETA 9035;
• Required evidence of a beneficiary’s educational background;
• Duplicate copies of certain documents; and
• Consulate-specific forms required by the Department of State where appropriate.

If you are in need of more information about business immigration, please check the pertinent section of our Website or call our offices at (847)564-0712.

Method of Delivery Matters

According to the American Immigration Lawyers Association (“AILA”) there is a little-known practice at the Vermont Service Center for the U.S. Citizenship and Immigration Services (the “USCIS”) which can affect the processing of applications for visas and other immigration petitions.

Reportedly, the Vermont Service Center of the USCIS has its mail held at a nearby postal facility, and only picks up the mail – at most – once per day. The center also treat applications as “received” only when they pick them up at the postal facility – not when received at the address designated by the USCIS on its Website.

Thus, if you use FedEx, UPS or other delivery services that do deliveries directly to the doorstep of the Vermont Service Center, then you have a leg up on those who use the mail. That could mean a better position in “up against the clock” or “quota” filings (such as for H-1B applications) or it could mean simply faster processing.

AILA is calling for an end to this practice by the USCIS, arguing that customers should be able to rely upon timely delivery to an address designated by the USCIS as being sufficient. “Mail should not have a ‘make or break’ impact on a filing,” AILA asserted on its Website, adding that the USCIS is essentially telling customers, “Don’t use the post office if you want to be sure we get the application on time.”

As always, our office remains ready, willing and able to serve immigrants in need of visa or green card assistance, or general advice about immigration. For more information, you can check out our Website, or call our offices at (847)564-0712 to make an appointment for a legal consultation.

Filing Changes for Petitions for Alien Relatives

The U.S. Citizenship and Immigration Services (the “USCIS”) announced recently a change in filing locations for Form I-130 Petitions for Alien Relatives.

As of January 1, all stand-alone Form I-130 applications must be mailed either to the Chicago or Phoenix lockbox locations. Detailed information about the postal and express mail delivery addresses for each location is available in the “News” section of the USCIS Website for January 2012 News.

The USCIS said that this change is intended to balance workloads among its staff for more efficient and effective processing.

However, it should be noted that there will be no change in filing locations when submitting Form I-130 together with Form I-485 Applications to Register Permanent Residence or Adjustment of Status.

It is important to make sure that you file your forms at the proper location because filings at the wrong address could result in significant delays in processing or even denial of an application if the delays result in missed deadlines.

If you are in need of counsel for yourself and/or your family members on the subject of immigration law, please do not hesitate to contact our office for an appointment at (847)564-0712. You can also check out the pertinent section of our Website for more information about how we might assist you.

Proposed Rules Could Shorten Path to Green Card

The U.S. Citizenship and Immigration Services (the “USCIS”) announced last week a proposal that could greatly ease the process that spouses and children of U.S. citizens who entered the U.S. illegally must follow to obtain permanent resident, or so-called “green card” status.

Currently, those spouses and children who are not citizens, and who illegally entered the United States (U.S.), and have resided within the U.S. for over one year, must leave the country to be eligible, and then apply to the U.S. government for a “family unity” waiver in order to avoid being required to reside outside of the U.S. for 10 years before being allowed to return and be reunited with their U.S citizen relatives.

The proposed rule would let children and spouses of U.S. citizens ask the government to decide on a waiver request prior to returning to their home country to apply for applicable visas. Obtaining the waiver approval ahead of time could dramatically reduce waiting times for families to be reunited while pursuing the technicalities of the green card process.

Furthermore, the new rule will provide a bright line definition of those who are entitled to automatic waiver. All immigrants with no criminal record (other than violation of immigration law) will be able to win a waiver if they can show that their absence would cause “extreme hardship” for their citizen spouse or parent.

The new rule is also expected by USCIS to reduce the current waiting times for government issuance of waivers. The hope is that waits of six months or longer will be reduced to just days or a few weeks.

The proposal does not, however, eliminate the bars to returning to the U.S. for those who entered illegally. Once again, without a special waiver, the requirement is that if you enter the U.S. illegally, and overstay more than 6 months, you must leave for three years before obtaining the green card, or if you stay more than 1 year, you must leave for 10 years (The 3/10 year bar). The new rule that has been proposed simply shortens the path to green card status for those immigrant spouses or children of U.S. citizens and makes it less precarious to travel.

If you need help with a permanent residence application on behalf of yourself or a family member, do not hesitate to call our offices at (847)564-0712 for an appointment, and feel free to check out our Website for more information about how we might help you.

Visas Still Available for Some Foreign Workers

Earlier this month, the cap limits were reached for fiscal year 2012 (Oct. 1, 2011 through Sept. 30, 2012) for the popular H-1B foreign worker visa program, but there are still visas available for foreign specialty occupation workers from certain designated countries under various free trade programs.

In particular, many workers can be hired from neighboring Mexico and Canada under the TN visa program, which opens the door to certain professional workers from those countries pursuant to the North American Free Trade Agreement.

The E-3 visa program offers another avenue that remains open for the hiring of foreign temporary workers from Australia.

If you are an employer or employer’s representative in charge of hiring, it is quite possible that you can find workers from these countries who will fill your needs in fiscal year 2012.

For information about how we might be of assistance to you in hiring needed foreign labor, check out our Website and/or call our offices at (847)564-0712 for an appointment.

One Door Closes, But Another Still Open for Work Visas

Earlier this month, the door for fiscal year 2012 (Oct. 1, 2011 through Sept. 30, 2012) slammed shut on foreign worker visas available under the H-1B program for foreign specialty occupation workers, but employers in need of workers in specialty occupations can still obtain assistance through a lesser known program.

Up to 6,800 visas may be set aside by the U.S. State Department for workers from Chile and Singapore, pursuant to the H-1B1 program arising out of the U.S.-Chile and U.S.-Singapore Free Trade Agreements.

If you are an employer or employer’s representative in charge of hiring, it is quite possible that you can find workers from these countries who will fill your needs in fiscal year 2012.

For information about how we might be of assistance to you in hiring needed foreign labor, check out our Website and/or call our offices at (847)564-0712 for an appointment.