Immigration Blog

Portions of the Dream Act Coming True

As of yesterday, certain undocumented youths can apply for deferred action under “Deferred Action for Childhood Arrivals” (DACA) by submitting specific forms and information to USCIS. DACA allows certain people who came to the U.S. as children and meet several key guidelines to request consideration of deferred action for a period of two years and apply for work authorization. DACA does not provide amnesty, legal status or a pathway to a green card. Applicants should […]

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Immigration A La Carte

The Supreme Court published its decision on Arizona SB 1070.  Both the state of Arizona and the White House claimed victories as three of the bill’s four provisions were struck down as unconstitutional, leaving as enforceable the most controversial portion, that which allows law enforcement to check the immigration status of persons arrested for other violations.  The provisions thrown out of the bill include the requirement for immigrants to carry their papers at all times, […]

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I-9 High Fines Continue

A theme of many of my recent posts has been the presence and severity of ICE audits and penalties, which could be lessened proactively.  So, far this fiscal year, ICE has issued 2,000 Notices of Inspection to employers around the country and on May 1, 2012, a Washington organic farm, HerbCo International, Inc. was sentenced to $1,000,000 in criminal fines and five years’ probation for hiring, firing, and then rehiring illegal immigrants. In addition, three […]

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EB-2 Worldwide Category Retrogression for the First Time in Many Years

The July 2012 Visa Bulletin shows an unprecedented EB-2  worldwide cutoff date of January 1, 2009.   Should there be a sharp increase in the current demand pattern, this category could be made completely unavailable.  EB-2 is still unavailable for China and India and will remain so for the rest of the fiscal year. To view the July bulletin, click here.

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End of Some Deportations

President Obama announced on Friday a two-year policy that would grant young undocumented immigrants the opportunity to stay in the U.S. to pursue education, work and military service.  The policy would affect nearly 800,000 undocumented immigrants who were brought to the U.S. before the age of 16 and are under the age of 30.  They must also have lived in the U.S. for five continuous years, have no criminal record, and have earned a high […]

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H-1B’s are Going, Going, Gone!

If you have been keeping up with my H-1B cap updates, you know that this year new H-1B Visas have been used up at an accelerated rate.  Just yesterday, USCIS announced that the 65,000 H-1B cap for FY 2013 had been reached and that it would be rejecting all petitions received after June 11.  The 20,000 master’s exemption cap was also reached.  This is a good sign of economy recovery but also a sign that […]

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