SIJS has been in place since 1997 and has helped thousands of young people who came to this country illegally as small children remain in the United States. Under SIJS, people under the age of 21 who are not married and who are dependents of the state may be granted legal permanent resident status.
]]> In the last 10 years, it is estimated that more than 30,000 people under the age of 18 have been deported. While thousands have been helped by SIJS, only about 700 people receive that status each year.The 16-year-old girl whose mother was deported has been living with a foster family. She says that she plans to graduate from high school and then go on to cosmetology school. The 16-year-old talks with her mother occasionally, but plans to remain the United States. Despite the hardships, she is thankful to have so many opportunities in the U.S.
The SIJS program is different from the Obama Administration's deferred action policy. However, it is unclear how the two programs will work simultaneously.
Immigration policies can be complicated to understand. Anyone who thinks they might qualify for either program would be wise to speak with an experienced immigration attorney.
Source: Huffington Post, "Visa offers path for immigrant youth in state care," Ashley Hopkinson, Aug. 25, 2012
]]>In coming weeks many of those qualifying for deferred action status will apply for a work visa. The anticipated flood of new entrants into the legal workforce has immigration professionals and attorneys giving serious consideration to the implications for small businesses nationwide.
]]> Immigrants authorized for employment will receive a card verifying employability that should be presented when prospective employees complete the I-9 form. Although some specific procedural details remain uncertain, not to mention the long-term future of the deferred action program itself, most immigration professionals anticipate few problems with the employment verification process.An issue of greater concern arises when employers discover that a current employee has misrepresented his legal status in the past. Some attorneys have expressed concern that the enforcement zeal among immigration authorities in recent years may put small businesses at risk of liability if they retain workers who previously accepted employment under false pretenses.
One of the recommendations being offered to employers who choose to retain newly legal employees is to thoroughly document the circumstances under which employment was originally offered and the basis for believing the employee was legally employable in the first place, as well as the steps the employer has taken to ensure that the employee is now legally employable.
On the other hand, employers who choose to discharge previously dishonest employees run the risk of being accused of workplace discrimination. Some attorneys believe that an employer's best defense against discrimination claims is to maintain documented policies that require the same standard of honesty from all employees regardless of race or nationality.
The availability of a new, fresh and eager young workforce may be a boon to many employers, but the benefits come with a measure of risk and uncertainty. Employers with questions or concerns about the past or present status of an employee may want to seek professional advice before taking any action.
Source: Bloomberg Businessweek, "Lawyers Expect Young Immigrants to Flood Small Employers," Karen E. Klein, Aug. 20, 2012
]]>Even though immigrants account for less that 13 percent of America's population, the report indicates that 28 percent of last year's new businesses were founded by immigrant entrepreneurs. Immigrants were twice as likely as U.S. natives to start a new business, possibly due to the fact that income generated from immigrant-owned businesses has increased by 60 percent over the past 10 years.
]]> Under current immigration law, foreign-born entrepreneurs may be eligible for permanent resident status in return for investing in U.S. commercial interests. As it stands, though, the law poses a high bar to qualifying for a green card through investment.Current law requires an investment of $1 million into an American business that will create or maintain ten full time, permanent jobs. The minimum investment requirement may be reduced to $500,000 for investment in rural communities or areas of high unemployment. Investment-based green cards are capped at 10,000 visas per year.
Although a green card through investment is not the only pathway for immigrant entrepreneurs to start up a business in the U.S., the call for immigration reform has been growing along with increasing recognition of the important economic contributions of immigrant-owned businesses.
The new report relies on U.S. Census data as an indicator that the nation's economy is becoming "increasingly reliant on immigrant entrepreneurs to drive business growth." If federal legislators take the report's conclusions to heart, a new era in immigration law may be on the horizon.
Source: Boston Herald, "Report: Immigrants lead way in starting businesses," Jessica Van Sack, August 14, 2012
]]>Applicants for deferred action status will be required to pay a $465 application fee. At present, no hardship waivers or other exemptions from the fee requirement have been announced. The application fees will be used to hire additional immigration staff in order to keep up with the anticipated volume of applications, which are expected to take several months to process completely.
]]> In order to qualify, applicants must have been under 31 years of age on June 15. They must have entered the country prior to age 16 and have lived continuously in the country for at least five years. Eligible applicants must also be current students or prior high school graduates, or have served in the military and been honorably discharged.The Department of Homeland Security assures that application information will not be used for immigration enforcement purposes, and that pending deportation proceedings will not affect any person's eligibility for deferred action status.
Nonetheless, every applicant will be subjected to criminal and national security background checks. Prior convictions for driving without a license will not disqualify an applicant, but anyone found to have serious prior convictions or deemed a risk to national security would be targeted for deportation. In addition, anyone found to have intentionally falsified application information could be subject to criminal prosecution.
Approval of deferred action status will confer a two-year deferral of deportation. Applications for work permits will be considered at the same time. For the majority of qualifying immigrants, it appears that the application process should be relatively simple, but anyone with questions or concerns about their background or current immigration status may benefit from consulting with an experienced immigration law professional before beginning the application process.
Source: The New York Times, "Young Immigrants Can File to Defer Deportation Aug. 15," Julia Preston, Aug. 3, 2012
]]>The bill, entitled the American Investment and Job Creation Act of 2012, was introduced recently in Congress to amend portions of the Immigration and Nationality Act. The bill would make available employment-based green cards to foreign workers who start a new business and create jobs for American workers. According to the bill's sponsors, the current work visas do not promote business and job creation, as green cards are provided to foreign workers who fill jobs in the United States, rather than those who start businesses and create jobs.
]]> Under the current system, only 140,000 workers are admitted each year under a preference category system. Typically, non-citizens must show they have a job-offer, and the employer must show he or she recruited in the United States but was unable to find a qualified United States citizen for the position.According to a report from a non-profit organization, work visas have been denied at an increasing rate since 2007. For instance, the denial rates for L-1B visa applications, whereby foreign employees of international corporations may be transferred into the United States, grew from 7 percent to 27 percent. Similarly, the denial rates increased from 11 percent to 17 percent for H-1B applications, which grant visas to foreign workers in specialty occupations.
Ultimately, it remains to be seen whether the proposed bill will be enacted into law. In any event, New Jersey residents could use any form of economic relief, and the proposed change in law or an increase in the number of work visas could stimulate the economy.
Source: The Star-Ledger, "House bill would expand work visa program to include foreign entreprenuers," Stacy Jones, July 31, 2012
]]>The president's new policy, announced in June, would grant temporary work visas to immigrants who were brought into the United States illegally as children. Immigrants who had not yet turned 30 as of June 15, have no serious criminal convictions and have been physically present in the U.S. for at least five years may apply for deferred action status.
]]> Qualifying applicants would be allowed to work legally and could potentially become eligible for permanent resident status. Deferred action status does not provide a direct route to citizenship, but it would allow previously undocumented immigrants to remain in the country, potentially indefinitely, and pursue the traditional path toward applications for naturalization.The young woman's problem is that she did not enter the country illegally. Her issues may stem from the fact that her parents entered the country under an E-2 non-immigrant visa. The E-2 program allows certain foreign investors to enter the country in order to establish businesses that will employ American citizens. The E-2 visa can be renewed indefinitely, but it does not lead to citizenship or permanent resident status. The visa applies to dependent children, but expires when a child reaches 21 years of age.
As a result of the limitations on the E-2 visa, the young woman will longer hold a valid visa when she turns 21 in August. Even though she has lived in the U.S. for 17 years and meets almost all of the criteria for deferred action status, she is excluded from the policy due to the fact that she originally entered the country legally. The young woman applied for a green card in 2003, but she continues to linger on a waiting list for a limited number of applicants. Although she is not facing any current deportation proceedings, she plans to leave the country and continue her efforts from abroad.
Individuals with questions about immigration law may want to stop by our immigration law site. Our firm handles cases related to adjustment of status, permanent residency, employment immigration and citizenship.
Source: McClatchy, "Gap in immigration policy forces woman to deport herself, reluctantly," Eric Adler, July 22, 2012
]]>American Samoans are considered nationals and must live in the United States for at least three months before they become eligible for naturalization. Samoan nationals must pass the same English proficiency and civics examinations as applicants from foreign countries. By contrast, residents of other territories, like Puerto Rico, are granted citizenship at birth. The pending federal lawsuit questions the constitutionality of the laws that designate Samoans as nationals rather than citizens by birth.
]]> The lawsuit involves several plaintiffs, including a non-profit organization, three individuals who live in American Samoa and two Samoan nationals who live in the United States. One of the Samoan residents claims that lack of citizen status deprived him of the opportunity to pursue a law enforcement career in the U.S. The plaintiffs claim that the current laws deprive them of certain rights of a citizen, including the right to vote and opportunities to obtain particular types of public employment.Under current law, American Samoans are not entitled to vote for president, but they are also not required to pay federal income taxes. American Samoa is represented in the United States Congress by a non-voting delegate. Interestingly, Samoa's congressional delegate thinks that Samoans should not be forced into U.S. citizenship.
In their lawsuit, the plaintiffs argue that automatic citizenship would benefit Samoa by strengthening the political voice of the territory. Opponents of automatic citizenship have expressed worry over subjecting Samoan citizens to all of the provisions of the U.S. Constitution. American law might threaten some longstanding Samoan civil traditions, including rules governing communal land ownership.
It may take some time for the federal courts to reach a decision on the merits of the pending lawsuit. In the meantime, Samoa's congressional delegate has introduced a bill to make it easier for Samoans to apply for U.S. citizenship.
Source: The Washington Post, "Lawsuit by 5 born in American Samoa seeks US citizenship by virtue of birth in the territory," July 12, 2012
]]>The reporter originally hailed from El Salvador, where he worked as a photojournalist for a newspaper in the capital city. His regular assignments to cover anti-government demonstrations led some members of the opposition to believe that he was an undercover government agent. Although the accusations held no truth, the reporter endured death threats and physical attacks.
]]> He fled El Salvador and moved his family to the United States in 2004. When he entered the country, he did so under a tourist visa with the expectation that he would return to his home country as the political situation calmed down. The reporter blames post-traumatic stress disorder for his failure to promptly apply for asylum, which could have made him eligible for permanent resident status.The immigration court denied the reporter's application for asylum on findings that no journalists had been the target of violence in El Salvador over the past two years, and that the reporter had failed to prove that police in his home country would not be able to protect him. The reporter said it was highly unlikely that he would be able to return to El Salvador without attracting the attention of those who threatened him in the past. He said, "Death threats have no expiration date."
If he had applied for asylum within one year of his entry into the United States, the reporter might be secure in his status as permanent resident today. Now he must choose between the risk of moving his family to his home country, or staying in the U.S. with no ability to work legally and with the threat of deportation hanging over his head.
Source: CNN, "Immigration reporter mulls fate after denial of asylum request," Tom Watkins, July 6, 2012
]]>New Jersey is home to 23,600 workers who entered the country under the H-1B employment immigration program. The average salary for H-1B employees is $73,900, and the visa program enables businesses to employ a skilled worker for a period of up to six years. Ten years ago, the United States issued 195,000 H-1B visas. Today, H-1B visas are capped at 65,000.
]]> Conference participants discussed a variety of proposals to increase the number of skilled workers who are allowed entry into the United States. Beyond simply increasing the number of H-1B visas issued each year, other popular proposals include developing new visa programs for foreign entrepreneurs and for graduates of programs in science, technology, engineering and math.Discussions of proposals to facilitate work visas for less-skilled employees occupied less time at the conference, but the director of governance studies for a well-known research institution debunked the idea that immigrant labor deprives Americans of job opportunities. He noted that industries across the nation are facing labor shortages and that roughly three quarters of American farm labor is provided by immigrants. Increasing the labor supply at both ends of the skill spectrum, said the director, would help boost the nation's economy.
Despite the divergence of views on how to best meet industry employment needs, one common theme clearly emerges. New Jersey businesses need the type of employees that employment immigration programs can provide, and it is widely agreed that increasing the number of work visas available to willing immigrants would provide substantial economic benefits.
Source: northjersey.com, "Business leaders call for more skilled worker visas," Hugh R. Morley, June 27, 2012
]]>Under the new immigration rule, undocumented immigrants who meet certain criteria are eligible to apply for deferred action status. While a grant of deferred action status will not directly enhance a person's eligibility to apply for citizenship, it will entitle the applicant to a two-year work visa and eliminate the threat of deportation.
]]> Because deferred action status does not confer citizenship or permanent resident status, qualifying immigrants will still not be eligible for many federal benefit programs. However, those who qualify will be able to receive unemployment benefits after 18 months of active employment. More importantly, the deferral of deportation will afford many immigrants the opportunity to gain professional skills or earn a college degree that might make them eligible for employment-related visas. These visas could potentially open doors to achieving permanent resident status.The president's new policy offers new hope for a large number of immigrants who have had to shy away from economic opportunities out of fear of deportation. New Jersey residents should be aware, though, that additional steps will need to be taken in order to pursue citizenship or permanent residency. Immigrants interested in applying for deferred action status would do well to remember that the application process has not yet been put in place, and these immigrants should consider investigating the credentials of anyone offering application assistance.
Source: mycentraljersey.com, "New immigration rule could lead to economic activity," Kevin Penton, June 27, 2012
]]>President Obama stressed that the executive order does not offer a new path to citizenship. Immigrants who meet the qualifications for a reprieve from deportation will be eligible to apply for a work visa that can be renewed every two years, but those individuals will still need to follow the established paths to permanent resident status or to apply for citizenship.
]]> The executive order will prevent the deportation of illegal immigrants who entered the country before reaching age 16 and who have not yet reached age 30. In addition, an immigrant must have lived in the United States for at least five years, and either have served in the armed forces, be currently enrolled in school, or have earned a high school diploma or GED. Immigrants who have previously been convicted of criminal charges or who have been deemed a risk to national security will not be immune from deportation.Bergen County residents who qualify for a stay of deportation under the new executive order may nonetheless want to consider seeking professional assistance to apply for permanent resident status or legal citizenship. Although the executive order will prevent deportation for now, it may be repealed in the future by a new administration or by an act of Congress.
Source: The Star-Ledger, "Obama's new immigration policy could affect 60,000 illegal immigrants in N.J.," Peggy McGlone, June 16, 2012
]]>The L-1 visa series offers two employment immigration options for companies doing business in the United States or intending to establish operations in the U.S. The L-1A visa applies to managers and executive-level employees, whereas the L-1B visa applies to employees with specialized knowledge relevant to company operations.
]]> To be eligible for either type of L class visa, an individual must have been employed with an overseas branch, subsidiary or affiliate of the applicant organization for at least one of the past three years.In order to qualify to petition for an employee's admission under an L visa, an organization must employ or intend to employ persons both in the United States and through at least one foreign affiliate during the period of a sponsored employee's residence in the United States.
Eligible employees seeking admission for the purpose of establishing a new office will be initially admitted for a period of one year. Employees being transferred between established companies will be admitted for three years. The admission periods may be extended in two-year increments up to a maximum of seven years for an L-1A employee or five years for an L-1B employee.
The L-1 programs also give employees the opportunity to apply for permanent residency. Both programs also allow the families of employees to apply for admission and work visas.
In light of the benefits the L-1 programs offer to both employer and employee, New Jersey businesses may want to consider whether intra-company transfers between foreign offices could offer business solutions regarding staffing needs.
Source: Bloomberg Businessweek, "H-1B Visas Hit the Cap, Sending Companies to Plan B," Elizabeth Dwoskin, June 13, 2012
]]>The student's father was a naturalized United States citizen, but the student herself was not a legal immigrant. Immigration law provides that persons who have been in the country unlawfully for more than 180 days are subject to a three-year ban against lawful admission. The law only applies to periods of unlawful presence by persons over 18 years of age.
]]> When the student turned 18, she was required to leave the United States within 180 days in order to avoid the three-year ban against lawful admission. The student traveled to Mexico to apply for legal admission at the office of the United States consulate. When she did, she discovered that she had left the United States a day too late and would be subject to the three-year admission ban.Working with her legal team (not affiliated with this firm), the student applied for a waiver of inadmissibility. Immigration law authorizes a waiver of the ban against admissibility in cases in which denying admission would cause extreme hardship to a lawful resident spouse or parent. The student's waiver request was granted, and she was able to return to the United States in time to attend her high school graduation.
Although this case had a happy ending for the homecoming queen, it illustrates how critical immigration deadlines can be in order to avoid denial of legal status. New Jersey residents who are concerned about undocumented children approaching their eighteenth birthdays will benefit from a solid understanding of immigration law and the procedures for establishing legal residency once a child reaches adulthood.
Source: CNN, "Indiana student returning home from Mexico after visa mix-up," Jack Maddox and Nick Valencia, May 31, 2012
Source: indystar.com, "Elizabeth Olivas gains visa to return for graduation," John Tuohy, May 31, 2012
]]>The proposed act would implement a new type of visa particularly aimed at graduates of American universities with advanced degrees in science, math, engineering and technology. The act would grant conditional permanent resident status to as many as 50,000 graduates. Those who maintain active employment in a qualifying profession for five consecutive years would be granted unconditional permanent resident status and could apply for naturalization.
]]> In addition, the act would establish up to 75,000 new entrepreneurial visas for technical graduates and legal immigrants already living in the United States under the H-1B visa program. After applying for an entrepreneurial visa, applicants would be granted conditional permanent resident status for one year.During the year following issuance of the new visa, applicants would be required to generate and invest at least $100,000 in capital to start a new business that employs no less than two full-time workers.
Entrepreneurs who successfully fulfill the first-year requirements of the new visa program would have conditional permanent resident status extended for three additional years.
During the following three-year period, visa holders would be required to expand their workforce to at least five full-time employees. Successfully meeting the employment requirements would entitle visa holders to apply for unconditional permanent residency.
Finally, the act would abolish per-country caps on employment immigration and increase the percentage of family immigration visas that would be accepted from any given country.
The act would not increase the total number of immigration visas authorized each year.
Whether bipartisan support will be enough to carry the act forward remains to be seen, but New Jersey employers may want to keep an eye on the legislation. New opportunities may crop up if the act is passed into law.
Source: The Washington Post, "Senators beckon immigrant entrepreneurs and workers with Startup Act 2.0," J.D. Harrison, May 22, 2012
]]>U.S. immigration law allows permanent residents who are scheduled for deportation to apply for cancellation of removal under certain conditions. If the deportation order is the result of a criminal offense, a person may be eligible for cancellation of removal if the person was a registered permanent resident for five years and was physically present in the U.S. for at least seven years prior to the date of the offense.
]]> The Supreme Court passed its ruling after considering two cases in which a federal court of appeals held that individuals who entered the United States as children of legal immigrant parents could include the years residing at their parent's home in requests for cancellation of removal. The Supreme Court overturned the appellate court decisions and held that immigrants seeking cancellation of removal may only count the time they have personally lawfully resided in the United States.The two cases considered by the Supreme Court involved men who obtained permanent resident status after living as undocumented immigrants with their lawfully admitted parents. Both men faced deportation for criminal offenses that were committed less than seven years after the men became permanent residents.
The men argued that the time they spent living with their lawfully admitted parents should be counted toward their years of physical presence in the U.S. The court of appeals initially agreed with the men, but the Supreme Court concluded that the plain language of the law allowed the men only to count their personal time of lawful presence toward the residency requirements.
The Supreme Court's recent decision illustrates the complexity and ever-changing nature of immigration law. New Jersey residents considering an application for cancellation of removal will want to have a good understanding of the application process and the evidence needed to support the application.
Source: Reuters, "Immigrants can't use parents to avoid deportation: Supreme Court," Edward Tan, May 23, 2012
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