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A Re-Entry Permit is Not a Guarantee of Admission

Jennifer Smythe — Fri, 03 Sep 2010 17:00:36 +0000

A lawful permanent resident (LPR) must present an admission document upon entering the U.S. Typically, this is an LPR card (i.e. green card). In circumstances where the LPR has remained outside the U.S. for an extended period of time (typically, 1 year or more), a re-entry permit must also be presented upon entry. This document communicates to the immigration officers that the LPR is not abandoning his/her green card by remaining outside the U.S. for a long period of time.

One common misconception about a re-entry permit is that the LPR will receive automatic admission to the U.S. by having the document in hand. Re-entry permits actually do not guarantee admission to the U.S. That is, possession of a re-entry permit does not prevent the Department of Homeland Security (DHS) from inquiring as to whether the LPR abandoned his/her permanent residency. All the re-entry permit does is prevent the DHS from relying solely on the duration of the absence as a basis for determining the LPR’s abandonment of the green card.

Please contact our San Francisco immigration law firm if you have questions about the above or need assistance with a re-entry permit.

ICE Increasing I-9 Inspections

Jennifer Smythe — Thu, 02 Sep 2010 18:50:35 +0000

Inside sources have reported that the Immigration and Customs Enforcement (ICE) division of the Department of Homeland Security (DHS) is increasing its I-9 inspection activities. ICE recently issued a company a Notice of Inspection and Subpoena from its Chicago field office seeking 11 different immigration and employment documents over a 3-year inspection period, including lists of employees (current and terminated), quarterly wage and hour reports, hiring policies, and lists of contractors, recruiters and temporary employment agencies.

Please contact our San Francisco immigration law office if you have questions about the above or need assistance with your I-9 records.

ALERT: New Appointment System for Visa Applicants in Canada

Jennifer Smythe — Tue, 31 Aug 2010 22:12:04 +0000

Starting tomorrow, September 1, 2010, all visa applicants in Canada must use the new appointment service found at http://www.usvisa-info.com/en-CA/selfservice/ss_country_welcome to schedule their visa appointments. This new system will be free of charge, with no requirement that applicants pay for phone charges or PIN numbers to access such services. Appointments that are currently scheduled will remain scheduled as is.

Please contact our San Francisco immigration law office if you have any questions or concerns about this new system.

H-1B’s a Little Over Half-Way Gone

Jennifer Smythe — Thu, 26 Aug 2010 22:09:40 +0000

As of August 24, 2010, the USCIS has received 33,900 regular H-1B cap petitions of the 65,000 slots available. There are 31,000 numbers left for this fiscal year. For the U.S. Master’s cap, the USCIS has received 12,600 of the 20,000 allotted, leaving 7,400 slots available.

The H-1B category is used by foreign nationals with a Bachelor’s or higher degree (or equivalent experience) in a specific specialty who will be working in a complex position requiring that degree. Each year, there is an annual quota for this category as discussed above. This quota (also known as, the “cap”) remains open and available for fiscal year 2011 (starting October 1, 2010).

Please contact our San Francisco immigration law office if you’d like assistance preparing and filing an H-1B petition.

H-1B and L-1 Petition Fees Increase for Certain Employers

Jennifer Smythe — Fri, 20 Aug 2010 23:31:03 +0000

Effective immediately, petitioning employers with 50 or more employees in the U.S. and 50% or more of its workforce holding H-1B or L status (L-1A, L-1B and L-2) must submit additional fees for initial and change of employer petitions.

For H-1B petitions of either type, the petitioner must submit an additional $2000. For L-1A and L-1B petitions of either type, the petitioner must submit an additional $2250. These fee increases will remain in effect through September 30, 2014.

Please don’t hesitate to contact our immigration law office in San Francisco if you have questions about these fees.

Rise in Visa Denials for Artists Angers Hollywood

Jennifer Smythe — Thu, 19 Aug 2010 22:47:38 +0000

The Los Angeles Times ran an article on August 10th discussing increased visa denials and processing delays for artists that have caused an outcry from Hollywood. Every year, across the entertainment industry, leading foreign national artists hold U.S. performances or participate in them. The last year has seen a spike in visa denials and delays from the USCIS’ California Service Center, which processes visa petitions for artists. As a result of this spike, performance centers, festivals and individual and group artists have had to cancel performances.

Hollywood’s anger has reached Congress and the White House. Alejandro Mayorkas, the Director of the USCIS, has agreed to investigate this issue. To read the full LA Times article, see: http://articles.latimes.com/2010/aug/10/local/la-me-workvisa-20100810.

Obama Signs Border Security Bill

Jennifer Smythe — Mon, 16 Aug 2010 23:11:37 +0000

As an update to prior blog posts, President Obama signed the $600 million emergency border security bill into law on 08/13/2010.

The bill includes additional funding for Customs and Border Protection (CBP) totaling $254 million, additional funding for Immigration and Customs Enforcement (ICE) totaling $80 million, and additional funding for border security fencing, infrastructure and technology totaling $14 million. The bill also includes $32 million to acquire and deploy unmanned aircraft systems and $6 million to construct two (2) operating bases for use by CBP to carry out enforcement activities. In addition, the bill allocates $196 million to the Department of Justice for border security efforts and $10 million to Courts of Appeals and District Courts for the increased workload that will arise as a result of the increased security.

Please note that the bill also raises filing and fraud prevention and detection fees for L visas by $2,250. It also raises the fees for H-1B visas by $2,000 for applicants who have more than 50 employees in the U.S. if more than 50 percent of their employees are on L or H-1B visas.

Emergency Bill Headed to Obama’s Desk

Jennifer Smythe — Fri, 13 Aug 2010 17:52:21 +0000

In a prior post, we informed readers that the Senate was going to vote on the emergency Border Security Emergency Supplemental Appropriations Act of 2010 in September 2010 when it returned from its August recess. This is a $600 million spending bill aimed at U.S. border security. Apparently, the Senate has moved on the measure before its recess, passing it by unanimous vote on 08/12/2010. The bill will now head to President Obama’s desk, where it is expected to be signed into law.

Emergency Border Security Bill Update

Jennifer Smythe — Wed, 11 Aug 2010 23:13:06 +0000

On August 9, 2010, we posted a blog discussing the emergency border security bill passed by the Senate (Border Security Emergency Supplemental Appropriations Act of 2010) and urged to be passed by the House of Representatives before it breaks for August recess. Instead of passing the bill sent over by the Senate, the House of Representatives has introduced a new but same bill per procedures that require the House to originate revenue generating measures.

On August 10, 2010, the House passed the new version of this bill by voice vote. The bill must now return to the Senate, which is currently on recess until September 10, 2010, for final passage before being sent to President Obama’s desk for signature. Please stay tuned for additional updates as they become available regarding this legislation.

$600 Million Emergency Border Security Bill Passed by Senate

Jennifer Smythe — Mon, 09 Aug 2010 23:57:20 +0000

Hours before the Senate broke for its August recess on August 5, 2010, it passed a $600 million dollar emergency spending bill aimed at border security. The bill, which was passed by voice vote and titled Emergency Border Security Supplemental Appropriations Act of 2010, was introduced by Senator Schumer (D-NY) and several of his Democratic colleagues.

The Emergency Border Security Supplemental Appropriations Act of 2010 is a substitute amendment to H.R. 5875, a bill passed by the House of Representatives on July 28, 2010. Further action is needed by the House of Representatives before the bill can be sent to President Obama for signature. Advocates are hoping the House of Representatives will pass the bill today or tomorrow before breaking for August. Otherwise, the bill will not get consideration until September.

The Department of Homeland Security Secretary, Janet Napolitano, released a statement urging the House of Representatives to pass the bill. She stated in her release: “I encourage the House to act quickly on this bill to strengthen our historic border security efforts.”

Stay tuned for more updates regarding this emergency legislation in future posts.