Charlotte Immigration Law Firm

Alabama Immigration Law Backfires

Alabama’s immigration law, the nation’s toughest, is taking a heavy financial toll on local business effectively crippling the state’s economy. According to The Economist, “Samuel Addy, an economist at the University of Alabama, estimates the law’s total cost – taking into account productivity declines, increased enforcement cost, and declines in aggregate consumer spending and tax revenue since so many workers have left – in the billions”.

According to the same journal, Human Rights Watch reports about the human toll on undocumented immigrants. The HRW report tells of “families fleeing in darkness, of crime victims too scared to go to the police, of workers being cheated out of wages”.

Legal immigrants have not been spared of the absurdity of the law either. Visiting executives from Mercedes-Benz and Honda, which employ thousands in Alabama, were detained last year because of the law. Read article here.

DHS reforms to attract and retain highly skilled immigrants

DHS Reforms to Attract and Retain Highly Skilled Immigrants
US Department of Homeland Security. Release date: January 31, 2012

The President is deeply committed to fixing our broken immigration system so that it meets our 21st century national security and economic needs. As a part of comprehensive immigration reform, the President supports legislative measures that would attract and retain immigrants who create jobs and boost competitiveness here in the U.S., including creating a "Startup Visa," strengthening the H-1B program, and "stapling" green cards to the diplomas of certain foreign-born graduates in science, technology, engineering, and math (STEM) fields. Together these actions would help attract new businesses and new investment to the U.S. and ensure that the U.S. has the most skilled workforce in the world. In the meantime, the Obama Administration is working to make improvements in the areas where we can make a difference.

As part of these ongoing efforts and in recognition of the one-year anniversary of the White House Startup America Initiative, the Department of Homeland Security today announced a series of administrative reforms which will be completed in the future. These reforms reflect the Administration's continuing commitment to attracting and retaining highly-skilled immigrants. These efforts are critical to continuing our economic recovery and encouraging job creation.

In last week's State of the Union, President Obama noted that "Innovation is what America has always been about. Most new jobs are created in start-ups and small businesses." He also stated in his remarks in El Paso last May, "In recent years, a full 25 percent of high-tech startups in the United States were founded by immigrants, leading to more than 200,000 jobs in America." Echoing this, the President's Council on Jobs and Competitiveness stated in its recent report, "Highly skilled immigrants create jobs, they donÕt take jobs." The initiatives described below will serve to make the United States more attractive to highly-skilled foreign students and workers, thereby improving the competitiveness of U.S. companies in the world market and stimulating U.S. job creation.

•Expand eligibility for 17-month extension of optional practical training (OPT) for F-1 international students to include students with a prior degree in Science, Technology, Engineering and Mathematics (STEM).

Presently, an F-1 student may only engage in optional practical training (OPT) for 12 months. F-1 students who graduate in programs of study classified as STEM can obtain a 17-month extension of OPT as part of their F-1 status if the degree they were conferred is included on the DHS list of eligible STEM degree programs. This proposed change would expand eligibility for extension of OPT by including students with a STEM degree that is not the most recent degree the student has received. Furthermore, because of the dynamic nature of STEM related education and training, DHS will continue to review emerging fields for possible inclusion in the list of eligible STEM degree programs.

•Allow for additional part-time study for spouses of F-1 students and expand the number of Designated School Officials (DSOs) at schools certified by DHS to enroll international students.

This regulatory reform would allow spouses of F-1 students to enroll in additional academic classes on a part-time basis while their spouse is pursuing full-time studies. Presently, under the current regulation, spouses may only take part-time vocational or recreational classes. Schools would also be given increased flexibility to determine the number of DSOs needed at their institution to meet both the administrative and guidance needs of students.

•Provide work authorization for spouses of certain H-1B holders.

This proposed change to the current DHS regulation would allow certain spouses of H-1B visa holders to legally work while their visa holder spouse waits for his or her adjustment of status application to be adjudicated. Specifically, employment will be authorized for H-4 dependent spouses of principal H-1B visa holders who have begun the process of seeking lawful permanent resident status through employment after meeting a minimum period of H-1B status in the U.S. This effort will help retain talented professionals who are valued by U.S. employers and who seek to contribute to our economy.

•Allow outstanding professors and researchers to present a broader scope of evidence of academic achievement.

This proposed change to the current DHS regulation would increase the types of evidence that employers can submit to demonstrate that a professor or researcher is among the very best in their field. Presently, applicants for the employment-based immigrant visa category of "outstanding professors and researchers" are limited to specific types of evidence listed by regulation. This would allow "comparable evidence" beyond the specifically articulated regulatory list. This change will harmonize the evidentiary standard for this category with the other exceptional ability immigrant visa categories.

•Harmonize rules to allow E-3 visa holders from Australia and H-1B1 visa holders from Singapore and Chile to continue working with their current employer for up to 240 days while their petitions for extension of status are pending.

This proposed regulation would treat E-3 and H-1B1 visa holders the same as other employment-based H-1B and L-1 visa holders by allowing them to continue employment with their current employer for up to 240 days from the expiration of their authorized period of stay, if a petition to extend their status has been timely filed.

•Launch Entrepreneurs in Residence initiative

On February 22, 2012, USCIS will launch its Entrepreneurs in Residence initiative with an Information Summit in Silicon Valley, CA, that will bring together high-level representatives from the entrepreneurial community, academia, and federal government agencies to discuss how to maximize current immigration laws' potential to attract foreign entrepreneurial talent. The Entrepreneurs in Residence initiative builds upon DHS's August announcement of efforts to promote startup enterprises and spur job creation. The Information Summit will focus on ensuring that immigration pathways for foreign entrepreneurs are clear and consistent, and better reflect today's business realities. The Summit will include a special recognition of outstanding contributions made by immigrant entrepreneurs to our nation's economic growth and prosperity. The input gathered at the summit will inform the work of the Entrepreneurs in Residence tactical team, which will bring business experts in-house to work alongside USCIS staff for a period of approximately 90 days. Following the summit, the tactical team will convene in Washington, DC to begin its work. To learn more about the summit, please visit Entrepreneurs in Residence Information Summit.

Administration to improve the visa process for legitimate travelers

Capitalizing on Visa Demand to Spur Economic Growth in the United States
Posted on January 20, 2012 by the Bureau of Consular Affairs.

Today the White House unveiled new initiatives to promote the United States as a premier destination for international travelers by making our processes for moving people and goods more secure and more efficient. In a manner consistent with our high responsibility to protect America’s borders, the Department of State has taken steps to improve the visa process for all legitimate travelers who wish to visit our great nation. Travel and tourism strengthens the U.S. economy by creating jobs in communities across the United States.

The Department of State has devoted significant resources to increase efficiency and capacity in the visa process, deploying additional personnel, expanding visa sections, and utilizing new systems and technologies to facilitate legitimate travel without compromising national security. These advances allowed the Department of State to issue more than 7.5 million visas in the last fiscal year, a 17% year-on-year increase.


Increasing Visa Processing Capacity in Key Growth Markets
The Department of State adjudicated more than a million visa applications in China and more than 800,000 in Brazil in the last fiscal year. These visas brought visitors and spending to the United States. The President announced goals of increasing visa processing capacity in China and Brazil by 40% in the coming year.

Already in the first quarter of fiscal year 2012, we have processed 50% more visas in China and Brazil as compared to the same period in 2011. At the same time, we dramatically decreased the wait for visa interviews in these countries.

The President has asked the Administration to develop a plan to ensure that 80% of visa applicants are interviewed within three weeks of requesting an appointment, as security and resource considerations permit. Short wait times around the world will maximize the number of visitors who have an opportunity to visit the United States. Currently, wait times at all five visa processing posts in China are less than ten days. Wait times in Brazil continue to drop, currently down to 15 days in Rio de Janeiro and 20 in Brasilia.


Increasing Efforts to Expand the Visa Waiver Program
The President has ordered increased efforts to expand membership of qualified countries the Visa Waiver Program. Currently, more than 60% of international visitors do not require a U.S. visa, in most cases because they are from countries that participate in the Visa Waiver Program. The Department of Homeland Security administers the Visa Waiver Program, which enables eligible citizens of certain countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa.

Since November 2008, the Department of Homeland Security has added nine countries to the program. Last month, Secretary Clinton sent a letter to Secretary Napolitano nominating Taiwan for inclusion in the Visa Waiver Program, marking a first step in the admission process.

All 36 of the current participating countries share law enforcement and security-related information with the United States and are also required to maintain high counterterrorism, law enforcement, border control, and document security standards. As a result, the Visa Waiver Program facilitates international travel for millions of foreign nationals seeking to visit the United States each year, creating substantial economic benefits to the United States without jeopardizing national security.


Further Steps to Facilitate Travel
Today the President also announced that the Departments of State and Homeland Security are working together to improve and speed up the visa process for certain categories of travelers.

Under a new initiative, in select circumstances, qualified foreign visitors who were interviewed and thoroughly screened in conjunction with a prior visa application may be able to renew their visas without undergoing another interview. Eliminating interviews for these applicants will save them time and money and encourage them to choose the United States again as their tourism destination. More information is available in our FACT SHEET: Visa Pilot Program.

Visa Pilot Program to streamline visa processing for certain low-risk applicants

Visa Pilot Program

Fact Sheet
Office of the Spokesperson
Washington, DC
January 19, 2012


Today the President announced that the Departments of State and Homeland Security are working together to improve and speed up the visa process for certain categories of travelers.

Since 9/11, the United States has developed an intensive, multi-layered visa screening process, including multiple biographic and biometric checks, all supported by a sophisticated global information technology network. We perform these checks on every visa applicant, without exception.

Under a new initiative, in select circumstances, qualified foreign visitors who were interviewed and thoroughly screened in conjunction with a prior visa application may be able to renew their visas without undergoing another interview. Eliminating interviews for these applicants will save them time and money and encourage them to choose the United States again as their tourism destination. It will also free our resources to interview more first-time applicants.

The pilot program will streamline visa processing for certain low-risk applicants, such as individuals renewing expired visas, or some categories of younger or older first-time applicants. We expect that this will benefit tens of thousands of applicants in Brazil and China; saving them time and money, and encouraging them to choose to visit the United States again. However, given that national security remains this Administration’s highest priority, individuals identified as higher-risk will remain subject to interviews – in addition to the full screening and review all visa applicants receive.

For example, this will make it much easier for many Chinese tourists to renew their visas – a group that spends more than $6,000 per person, per trip, according to the Department of Commerce. Over the course of the year, this policy could open as many as 100,000 interview appointments for Chinese travelers applying for visas for the first time. That increase in tourism could support as many as 1,500 travel and tourism-related jobs.

Consular officers will continue to use their authority to interview any visa applicant as required for national security.

U.S. immigration policy must change

New data shows that illegal immigration is shrinking and that immigrants already in the U.S. show increased ability to assimilate.

Dowell Myers, a professor in the Price School of Public policy at the University of Southern California, makes a compelling case for shifting from a restrictionist immigration policy to one that encourages immigrants to integrate. Changing the course will ensure that “America can remain the world’s richest and most powerful nation for decades. Shaping an immigrant policy that focuses on developing the talents of our migrants and their children is the surest way to realize this goal.” Read the article here

DOS Visa Bulletin for February 2012

The U.S. Department of State (DOS) has released its February 2012 Visa Bulletin. The Visa Bulletin sets out per country priority date cutoffs that regulate the flow of adjustment of status and consular immigrant visa applications. Applications with a priority date earlier than the listed cutoff dates are currently being processed for immigrant visas. See entire Bulletin here

Obama administration to propose a fix to immigration law favoring illegal immigrants

A rule changing the way illegal immigrants who are immediate relative to a U.S. citizen can process an immigrant visa will likely to go in effect later this year. The change will allow illegal immigrants subject to a 3- or 10-year bar to remain in the country while their waiver is being processed. Read more here

DOS Visa Bulletin for January 2012

The U.S. Department of State (DOS) has released its January 2012 Visa Bulletin. The Visa Bulletin sets out per country priority date cutoffs that regulate the flow of adjustment of status and consular immigrant visa applications. Applications with a priority date earlier than the listed cutoff dates are currently being processed for immigrant visas. See entire Bulletin here

DOS Visa Bulletin for December 2011

The U.S. Department of State (DOS) has released its December 2011 Visa Bulletin. The Visa Bulletin sets out per country priority date cutoffs that regulate the flow of adjustment of status and consular immigrant visa applications. Applications with a priority date earlier than the listed cutoff dates are currently being processed for immigrant visas. See entire Bulletin here

DOS Visa Bulletin for November 2011

The U.S. Department of State (DOS) has released its November 2011 Visa Bulletin. The Visa Bulletin sets out per country priority date cutoffs that regulate the flow of adjustment of status and consular immigrant visa applications. Applications with a priority date earlier than the listed cutoff dates are currently being processed for immigrant visas. See entire Bulletin here

U.S. tries to block South Carolina Immigration Law

The federal government filed suit on Monday, October 31st challenging South Carolina immigration law. The Justice Department argued that South Carolina law undermines federal authority on immigration.

According to the Politico, the new law, which will take effect on January 1, 2012, requires police to check the immigration status of every person they arrest and to detain for a reasonable time those suspected of being in the United State illegally.

South Carolina Governor Nikki Haley said the state will implement the law and promised to resist efforts to block the new law. Read more here.

DOS Visa Bulletin for October 2011

The U.S. Department of State (DOS) has released its October 2011 Visa Bulletin. The Visa Bulletin sets out per country priority date cutoffs that regulate the flow of adjustment of status and consular immigrant visa applications. Applications with a priority date earlier than the listed cutoff dates are currently being processed for immigrant visas. See entire Bulletin here

Federal Judge Upholds most of Alabama Immigration Law

A Federal judge decided on Wednesday to upheld most of the sections of Alabama’s controversial immigration law.

According to the New York Times “…the judge upheld a section that requires state and local law enforcement officials to try to verify a person’s immigration status during routine traffic stops or arrests, if “a reasonable suspicion” exists that the person is in the country illegally”. She also ruled that “a section that criminalized the “willful failure” of a person in the country illegally to carry federal immigration papers did not pre-empt federal law.”

While the judge blocked several sections of the law, she also upheld “one that nullifies any contracts entered into by an illegal immigrant; another that forbids any transaction between an illegal immigrant and any division of the state, a proscription that has already led to the denial of a Montgomery man’s application for water and sewage service; and, most controversially, a section that requires elementary and secondary schools to determine the immigration status of incoming students.”

Mary Bauer, the Legal Director of Southern Poverty Law Center in Montgomery, Alabama called the decision “a dark day for Alabama” while being interviewed on NPR, while civil rights groups expressed disappointment in the decision and are planning an appeal. Read more here

DOS Visa Bulletin for September 2011

The U.S. Department of State (DOS) has released its September 2011 Visa Bulletin. The Visa Bulletin sets out per country priority date cutoffs that regulate the flow of adjustment of status and consular immigrant visa applications. Applications with a priority date earlier than the listed cutoff dates are currently being processed for immigrant visas. See entire Bulletin here

Federal Court Blocks Alabama Immigration Law

A U.S. District Court Judge issued a temporary injunction effectively blocking Alabama’s illegal immigration law from taking effect. The ruling doesn’t address the ACLU, Justice Department, and other groups claim that the law is unconstitutional. It rather delayed a ruling on the merits stating that it needs more time to “adequately address the numerous challenges…by the effective date.” The judge said it will issue a more detailed ruling by September 28, 2011.

The New York Times called the Alabama’s immigration law “…a sweeping attempt to terrorize undocumented immigrants in every aspect of their lives, and to make potential criminals of anyone who may look or live with them or show them kindness.” Read more here