GetVisas® Immigration Update
A Newsletter for Clients
January 2010
SEASONS GREETINGS
and a JOYOUS NEW YEAR TO ALL!
Important Issues and New Developments in Immigration Law
CONTENTS
Will Comprehensive Immigration
Reform Happen?
Lawmakers have been talking about and the public has been awaiting
Comprehensive Immigration Reform for at least the last three years.
President Obama said he supports it. Will we finally get it this
Spring? Or will our elected officials come up with yet another excuse
to avoid the hard decisions necessary to reform our broken immigration
system? In addition to border security and employment verification
measures, such reforms could include increased immigration quotas,
higher numerical caps on temporary employment visas, and some means
for those without documentation to work toward permanent legal status.
Watch what the Senate and the House of Representatives will do (or
not do) about our immigration laws. To express your opinion, call
your Representative or Senator via the Switchboards: House : 202-225-3121;
Senate: 202-224-3121.
H-1B/H-2B CAPS
Miraculously, we have not yet hit the caps this year for H-1B and
H-2B visas. This is another sign of fewer job opportunities brought
on by the severe recession. However, as the employment picture begins
to improve, we can expect a return to capped out quotas for these
visas being reached early in the application period unless Congress
steps up to raise the caps to a reasonable level that will support
U.S. businesses. This is not an issue of displacing U.S. workers.
By and large, the workers hired under these programs have different
skill sets than available U.S. workers. Otherwise, U.S. employers
would not go to the great expense and inconvenience of having to
apply for and subject themselves and their prospective employees
to the patience-straining process of obtaining the necessary authorizations
to import and employ foreign workers.
Department of State Will Use New
Form DS-160 Worldwide for Nonimmigrant Visas
Taking a further step to modernize its visa application process,
the Department of State will implement the web-based form DS-160
at all U.S. Embassies and Consular Posts by April 30, 2010. This
means the end of hand-written visa applications on old form DS-156.
The new application will apply to all nonimmigrant classes except
K's (fiancee and spouse visas). The Department is working to translate
the new forms into major languages. For assistance with the new
form, contact our office.
Check Your Priority Date
In a number of recent cases, "priority dates" have been
an issue. The priority date is the date of filing an immigrant petition
or a labor certification. This date is used to place your petition
in the queue when there are not enough immigrant visas available
to satisfy the number of applicants per country per year. The Citizenship
and Immigration Services and the Department of State are going to
look at the priority date on your petition to determine if you are
eligible to be processed for immigration. Sometimes, however, you
can use an earlier priority date. For example, children can often
use their parent's priority date; and in the Western Hemisphere,
even their grandparents' priority date. This means that if your
parent or grandparent was a U.S. citizen or permanent resident,
you may possibly benefit from their priority date. Even for sons
and daughters over 21 years of age, their under-21 status may have
been saved under the Child Status Protection Act, or they may be
entitled to "follow-to-join" their parent in the same
status as the parent. If you have any of these issues and need assistance
sorting it all out, please contact us.
How to Complain About Notarios
and Immigration Consultants
If you have had a problem with a non-licensed Notario or Immigration
Consultant and thought you could never get help, here is an answer.
The American Immigration Lawyers Association has researched this
problem state-by-state and produced a guide. Here is a link to it:
http://aila.org/content/default.aspx?docid=26749
Paste this line in your Internet browser, then download the file
for your State and follow the instructions.
Use Our Get Visas* Website for
Access to Useful Information
To check your case status, find processing times for an application,
check your Priority Date on the current Visa Bulletin, or read visa
procedures on the U.S. embassy website in your home country, just
go to the Froman Law Firm's GETVISAS.COM website's Resources
page. If you need to change your address with the CIS, you can do
it on-line by linking to the USCIS website, through the Resources
page. You can find foreign embassies in Washington, D.C. and U.S.
embassies around the world, as well as many other linksBall on the
GetVisas.com Resources page.
Holidays and Economic Recovery
Times are tight for many of us right now with a long recession
mostly behind us and the Holidays ahead. It is hard to think about
budgeting for past or future legal services. However, thinking of
legal expenses as an investment, that will pay you dividends future,
whether in your business or your immigration status, makes periodic
"investing" a smart idea. With new technologies available,
many clients are taking advantage of bi-weekly or monthly payments
transferred directly and automatically from their bank accounts.
It is easy to set up and monitor. Contact us if this makes sense
for you.
GetVisas®Website Gives Direct Access to Useful Information
This Newsletter is prepared as a service to our
clients. It is not intended as a substitute for professional advice
in a given case. We welcome feedback concerning the Newsletter or
suggestions for future topics to discuss. Please contact us with
your specific questions. If you would like to receive this Newsletter
by email when it is published, send a message to visas@getvisas.com
requesting to be added to the Newsletter list.
DAVID FROMAN, Principal Attorney
DANIEL FROMAN, Office Manager
Please address your correspondence to:
Froman Law Firm
Immigration and Business Attorneys
9820 Willow Creek Road
Suite 275
San Diego, CA 92131
Phone (858) 547-1200
FAX (858) 547-1231
Email:
dfroman@getvisas.com
visas@getvisas.com
Website:
www.getvisas.com
*GetVisas® is a registered service
mark of the Froman Law Firm representing our Business and Immigration
legal services.
[Back to Top]
|