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cpvisa-espanol.com NEWSLETTER
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"Informative * Innovative * Interesting"
March 2007, Vol. II.
HERE BELOW IS OUR WEBSITE CPVISA.COM IN ENGLISH:
AMERICAN DREAM ACT - PATH TO LEGAL IMMIGRATION FOR COLLEGE BOUND STUDENTS
UNCLE SAM WANTS YOUR BIOMETRICS: NEW BIOMETRICS PROCESS FOR CONDITIONAL PERMANENT RESIDENTS
AgJOBS - PROPOSED IMMIGRATION REFORM FOR AGRICULTURAL EMPLOYERS AND WORKERS
"COMPROMISED" NURSING LICENSURE EXAMINATION (06/06) CAUSES CGNFS TO DENY VISA SCREENS FOR SOME FILIPINO NURSES
USCIS ADVISES PETITIONERS OVERSEAS - DO NOT RE-FILE I-130
TOPIC OF THE MONTH: H-1B CAP, EMPLOYERS SHOULD ACT NOW
LAW OFFICES OF CURTIS PIERCE IN THE NEWS:
LINK TO READ "CROSSING INTO SAFETY", THE COVER STORY OF CALIFORNIA LAWYER MAGAZINE (JANUARY 2007) FEATURING ATTORNEY CURTIS PIERCE AND HIS CLIENT FROM THE REPUBLIC OF CONGO.
UPCOMING EVENTS: ATTORNEY CURTIS PIERCE TO SPEAK AT THE AMERICAN BUSINESS SCHOOL PARIS
PROCESSING TIMES
NEWSBRIEFS
AMERICAN DREAM ACT - PATH TO LEGAL IMMIGRATION FOR COLLEGE-BOUND STUDENTS
American Dream Act: H.R. 5131 is a bipartisan effort to provide a legal path to immigration for college-bound children who have lived most of their lives in the United States, but do not have legal immigration status. It was introduced in the current session of Congress on February 28, 2007 by Congressman Howard Berman (CA-28, D) and Congresswoman Lucille Roybal-Allard (CA-34, D) and originally sponsored by Congressman Lincoln Diaz-Balart (FL-21, R).
Qualified students would be eligible for temporary legal immigration status upon high school graduation that would lead to permanent legal residency if they go to college or serve in the military under the American Dream Act. It would amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
The American Dream Act also addresses the issue on in-state college tuition.It would eliminate a federal provision that discourages states from providing in-state college tuition to immigrant students who have long resided in their states. Despite meeting state residency requirements, immigrant students in certain states are charged out-of-state or international tuition rates, which are significantly higher than the cost of in-state tuition. This bill addresses the legal barriers faced by young people who were brought illegally to the United States and are facing adulthood without legal status. Proponents of the bill argue that our current system keeps large numbers of U.S. educated immigrant children out of college and consequently, out of the skilled labor force because adults in their families brought them to the U.S. illegally.
The bill was proposed in a previous session of Congress, but never became law. Companion legislation is expected to be introduced in the Senate.
UNCLE SAM WANTS YOUR BIOMETRICS: NEW BIOMETRICS PROCESS FOR CONDITIONAL PERMANENT RESIDENTS.
We are living in the electronic age. If you are a conditional permanent resident, the government wants your biometrics. In fact, the USCIS requires biometric processing. Effective immediately, a new nationwide biometrics process has been implements for conditional permanent residents who file Form I-751, Petition to Remove Conditions on Residence. Gone are the days of submitting passport-style photographs, index fingerprints, and signatures on Form I-89, I-551 or I-586 for creation of a "Green Card" or permanent resident card.
What does the government want from me?
Biometric processing includes the electronic capture of an applicant's photograph, signature, index fingerprint and ten-print fingerprints. The photograph, signature and index fingerprint are used to generate the lawful permanent resident card, if the Form I-751 is approved. You can not get a Green Card if you fail to comply. The ten-print fingerprints are captured for the purpose of conducting a criminal background check and are processed for applicants between the ages of 14 and 79. Do I still have to submit passport photographs?Only "overseas applicants" will be required to submit passport-style photographs, since photographs will be captured in the biometrics process. Where do I report for biometric processing?
The new process requires all conditional permanent residents to appear at the USCIS Application Support Center (ASC) after filing Form I-751 to have their biometrics electronically captured. An ASC appointment notice will automatically be sent by mail to the applicant. How much does the new biometrics process cost?
The standard base petition fee is $205 and the biometric services fee is $70.
NEW BIOMETRICS PROCESS
AgJOBS - PROPOSED IMMIGRATION REFORM FOR AGRICULTURAL EMPLOYEERS AND WORKERS
AgJOBS or Agricultural Jobs, Opportunity, Benefits, and Security Act of 2007 is a bi-cameral effort. It was reintroduced on January 10, 2007 in the opening days of the 110th Congress. The bill was reintroduced by Senators Feinstein (D-CA), Kennedy (D-MA), Boxer (D-CA) Craig (R-ID), and Martinez (R-FL) as well as Representative Berman (D-CA), Thompson (D-CA), Peterson (D-MN), Costa (D-CA), Boyd (D-FL), Solis (D-CA), Baca (D-CA), Bishop (D-GA), Salazar (CO), Larsen (D-WA), Cannon (R-UT), Radanovich (R-CA), Putnam (R-FL), LaHood (R-IL), Walso (R-NY), Kuhl (R-NY), Nunes (R-CA), L. Diza-Balart (R-FL), Gilchrest (R-MD), and McHugh (R-NY).
The goal of AgJOBS is to provide a stable, legal agricultural work force. This bill provides for the adjustment of status of certain foreign agricultural workers. It will amend the Immigration and Nationality Act and reform the H-2A worker program under that Act. It seeks to accelerate the petition approval process for noncitizen workers to fill agricultural jobs that Americans will not take. Also, it proposes to extend basic legal protection and better working conditions to more workers. In 2006, the Senate passed AgJOBS as part of S. 2611, but it failed when Congress reach an impasse over broader immigration reform legislation.
"COMPROMISED" NURSING LICENSURE EXAMINATION (06/06) CAUSES CGNFS TO DENY VISA SCREENS FOR SOME FILIPINO NURSES CGFNS International, Commission on Graduates of Foreign Nursing Schools is a nonprofit, international organization which specializes in credentials evaluation pertaining to the education, registration, and licensure of nurses and other healthcare professionals worldwide. CGFNS International offers VISASCREEN Certificates to attest that healthcare workers educated in countries other than the U.S. are eligible and qualified to meet licensure, immigration and other practice requirements in the U.S.
On February 14, 2007, CGFNS denied VISASCREEN Certificates for Philippine nurses who passed the compromised June 2006 Philippine licensure exam.
CGFNS has concluded that the licensure process for those who received their license as a result of passed the compromised June 2006 licensure exam raises significant questions about the accurate assessment of the competencies of many of those individuals. As a result, CGFNS is unable to certify that the licensure is comparable to a U.S. license. In this instance, applicable U.S. immigration law will not permit CGFNS to issue the VISASCREEN Certificate required of internationally educated health care workers.
USCIS ADVISES PETITIONERS OVERSEAS - DO NOT REFILE I-130
USCIS advises anyone who filed a Form I-130, Petition for Alien Relative, with an American embassy or consulate since July 2006 that they do not need to re-file the petition. USCIS is working with the Department of State to process those petitions. A U.S. citizen or lawful permanent resident of the U.S. file Form I-130, Petition for Alien Relative, to establish their relationship to certain alien relatives who may wish to immigrate to the U.S. This often involves children or unmarried sons and daughters.
The Department of State announced in January 2007 that certain requirement of the Adam Walsh Child Protection and Safety Act (enacted in July 2006) precluded them from accepting new petitions. USCIS expects to issue instructions for new filings in the near future and will provide updated information once the details have been finalized with the Department of State.
LAW OFFICES OF CURTIS PIERCE IN THE NEWS
LINK TO "CROSSING TO SAFETY" A STORY ABOUT CURTIS PIERCE AND HIS CLIENT IN THE JANUARY EDITION OF CALIFORNIA LAWYER MAGAZINE Did you read the cover story of January's California Lawyer magazine? If you missed it, you can link to it below to read about attorney Curtis Pierce and his representation of a young, French speaking refugee from the Republic of Congo.
To see article "Crossing To Safety" click below.
CALIFORNIA LAWYER MAGAZINE JANUARY 2007
TOPIC OF THE MONTH
H-1B CAP, EMPLOYERS SHOULD ACT NOW.
April 1, 2007 is the first date applications may be accepted on behalf of employees seeking H-1B status for new fiscal year that begins October 1, 2007. Since the 65,000 quota is anticipated to be filled shortly after the initial applications are received, employers are advised to be prepared to file right away. The H-1B is a non-immigrant visa that enables professionals in "specialty occupations", i.e., those that require a minimum of a baccalaureate, to work in the United States. A U.S. degree or acceptable foreign alternative is required.
In some cases, work experience and education may be combined to meet the requirements. Non-graduates may be employed on an H-1B VISA where they can claim to be "graduate equivalent" with twelve or more years work experience in the occupation (three years of relevant work experience may substitute for one year of education). The petitions are submitted by employers based on their need for non-U.S. resident employees in "specialty occupations". The H-1B non-immigrant work visa may be issued to applicants seeking temporary work in a "specialty occupation" which requires the skills of a professional such as scientists, engineers, information technology or other computer professionals, engineers, financial analysts, management consultants, architects, system analysts, journalists, lawyers, market research analysts, teachers in elementary or secondary schools or colleges, accountants, nurses, physicians, surgeons, and dentists. This list is by no means exclusive.
For an initial H-1B, the filing fees are $190.00 for the form I-129. Unless exempt, for companies with over 25 employees, there is an additional fee of $1500.00. For companies with fewer than 25 employees, the fee is $750.00. Finally, there is a $500.00 Fraud Prevention and Detection Fee. Therefore, for an initial application with a company with over 25 employees, the total filing fees are $2,190.00. The filing fees for a company with less than 25 employees filing for an employee for the first time, the total filing fees are $1440.00. Certain institutions of higher learning and non-profit organizations are exempt from these filing fees.
UPCOMING EVENTS: PIERCE IN PARIS ON BUSINESS IMMIGRATION
On May 29, 2007, Attorney Curtis Pierce is scheduled to speak at the American Business School Paris in the city of light. Mr. Pierce will speak about American Immigration Law and present options for companies and individuals in Europe who seek visas to conduct business in the United States.
USCIS PROCESSING TIMES
View your processing times and case status by using the following links.
California Service Center
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=CSC
Nebraska Service Center
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
Texas Service Center
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
Vermont Service Center
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=VSC
The cpvisa-espanol.com NEWSLETTER is free.
It is published by the Law Offices of Curtis Pierce, 213-327-0044, www.cpvisa-espanol.com.
Disclaimer: The information contained in this newsletter is analysis and commentary of a general nature. Nothing in this newsletter applies to a specific case nor does it constitute legal advice. Schedule appointment:
For legal advice on your case, please schedule an appointment with Certified Specialist Curtis Pierce. He may be reached at curtis.pierce@cpvisa-espanol.com.
cpvisa-espanol.com NEWSLETTER
Editor-in-chief: Marsha Mihok
FEBRUARY 2007, Vol. I.
CURTIS F. PIERCE
ATTORNEY AT LAW
CERTIFIED SPECIALIST, IMMIGRATION & NATIONALITY LAW
THE STATE BAR OF CALIFORNIA BOARD OF LEGAL SPECIALIZATION
THE PACIFIC CENTER
523 WEST SIXTH STREET, SUITE 348
LOS ANGELES, CALIFORNIA 90014
(213) 327-0044
curtis.pierce@cpvisa-espanol.com
cpvisa-espanol.com NEWSLETTER
"Informative * Innovative * Interesting"
February 2007, Vol. I.
The cpvisa-espanol.com NEWSLETTER is free.
It is published by the Law Offices of Curtis Pierce, 213-327-0044, www.cpvisa-espanol.com.
Disclaimer: The information contained in this newsletter is analysis and commentary of a general nature. Nothing in this newsletter applies to a specific case nor does it constitute legal advice.
Schedule appointment: For legal advice on your case, please schedule an appointment with certified specialist Curtis Pierce.
News Briefs:
"H-1B CAP" - EMPLOYERS SHOULD ACT NOW
Congress has established an annual fiscal year limitation of 65,000 H-1B Visas. This is commonly referred to as the "H-1B Cap". We at the Law Offices of Curtis Pierce strongly advise employers seeking to employ a foreign national on an H-1B Visa for fiscal year (FY) 2008 to begin preparation at this time so as to be able to file visa petitions with the U.S. Citizenship and Immigration Services (USCIS) on April 1, 2007. The cap for FY 2007 closed on May 26, 2006, well before the fiscal year began on October 1, 2006. Due to the limited availability of initial H-1B visas, many large corporations are already preparing thousands of petitions for immediate filing in April. Accordingly, we advise all employers to file H-1B visa petitions for prospective employees on April 1, 2007, or immediately thereafter since the cap is anticipated to close early.
CURTIS PIERCE IS FEATURED IN COVER STORY OF THE JANUARY 2007 ISSUE OF CALIFORNIA LAWYER MAGAZINE
In the January 2007 issue of CALIFORNIA LAWYER MAGAZINE, immigration attorney Curtis Pierce is featured in the cover story for his representation of a young, French speaking refugee from Republic of Congo. See the feature story below.
USCIS PROPOSES DRAMATIC FEE INCREASES FOR IMMIGRATION APPLICATIONS.
The fee increases were published in the Federal Register. Under the proposed increase, the form I-485, Application to Register Permanent Residence or Adjust Status would increase from $325.00 to $905.00. The fee for a work permit (form I-765) would increase from $180.00 to $340.00. These are just two examples. The Federal
Register published on February 1, 2007 contains the proposed rule.
http://a257.g.akamaitech.net/7/257/2422/01jan20071800/
edocket.access.gpo.
gov/2007/pdf/E7-1631.pdf
USCIS Director Emilio Gonzalez alluded to the fact that faster service costs money.
"As a fee-based agency, we must be able to recover the costs necessary to administer an efficient and secure immigration system that ultimately improves service delivery, prevents future backlogs, closes security gaps, and furthers our modernization efforts," said Gonzalez January 31 in announcing the proposal.
Many individuals eligible for immigration benefits will find these increases cost prohibitive. The American public only has 60 days to respond. Representative Zoe Lofgren, San Jose Democrat, chair of House Judiciary Subcommittee on Immigration is among those opposing the across the board fee increase.
To comment on the proposed fee increases, submit written comments to one of the following:
- Federal eRulemaking portal: http://www.regulations.gov.
- Fax: Federal eRulemaking portal, 866-466-5370.
- Mail: Director, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Ave., N.W., Third Floor, Washington, D.C. 20529. Make reference to DHS Docket No. USCIS-2006-0044 on correspondence.
- Hand Delivery/Courier: Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Ave., N.W., Third Floor, Washington, D.C. 20529. Phone number 202-272-8377.
Also, Curtis Pierce welcomes commentary on his web blog, Immigration Forum. See www.cpvisa-espanol.com. IMMIGRATION FORUM: Express Yourself on this important issue.
ONLINE ADDRESS CHANGE
How do USCIS customers file a change of address? New technology allows filing online with the web based system implemented in January 2007. Non-citizens should be attentive to this new information. Non-citizens are legally required to inform USCIS of any address change within ten days of their move. Form AR-11 (Alien Change of Address Card) must be completed.
http://www.uscis.gov/files/pressrelease/OnlineCoA.pdf
PRESIDENT BUSH SIGNS H.R. 4997, the "Physicians for Underserved Areas Act".
Awaited legislation was signed by President Bush pertaining to the J-1 visa program for foreign doctors who work in medically underserved areas of the United States. The bill had passed in the House of Representatives by a voice vote on 12/6/06 and had been passed in the Senate unanimously on 12/9/06. On 1/12/07, President Bush signed the bill which addresses physician shortages and attempts to improve public health. H.R. 4997 will extend for two years a visa waiver program and will allow foreign doctors who work in underserved areas to remain in the country after completing their medical training. Usually J-1 visa holders who come to America for medical or graduate studies are required to leave the country for two years before applying to return. A 1994 law (PL 103-416) created a program to waive that requirement for foreign physicians who agree to spend three years working with patients in medically underserved areas. The authorization for the program expired on June 1, 2006. H.R. 4997 will reinstate the visa waiver program for a period of two years.
http://www.whitehouse.gov/news/releases/2007/01/print/
20070112-6.html"
Feature Story:
The cover story of the January 2007 edition of California Lawyer magazine is written about an asylum applicant Curtis Pierce is currently representing. Administrative law judge Bill Blum wrote the article "Crossing to Safety" which asks hard hitting questions about the nature of the immigration court system by focusing on the case of attorney Curtis Pierce's client, Ousmane Bathily, a 21 year old native of the Republic of Congo.
Mr. Bathily speaks Fulani, a West African language, and French. He was referred to Curtis Pierce by another of Pierce's French speaking clients. Curtis Pierce has a passion for languages and is fluent in both French and Spanish. He lived in France for five years and taught U.S. constitutional law at the Sorbonne for three years. After returning to his native Los Angeles, he dedicated himself to learning Spanish in order to serve the growing Latino community. Mr. Pierce speaks Spanish con orgullo. His linguistic abilities facilitate connection with his Francophone and Latino clients.
The Republic of Congo, also know as Congo-Brazzaville, has a turbulent recent past characterized by ethnic and regional divisions as well as battles among warlords. After a bloody civil war in 1997, General Denis Sassou-Nguesso, supported by Angolan troops, became president of Congo. Those allied with exiled president Pascal Lissouba, were forced into hiding. Among them was the family of Ousmane Bathily. The family belongs to the southern Lari tribe.
Bathily's father was murdered by the northern based Cobra militia, the troops of the current president. The country's off-shore oil reserves are coveted by rival factions in the country and civil war militias are still active in some regions.
After his father's 1997 murder, Mr. Bathily, his mother and sister were forced to flee. Mr. Bathily is seeking asylum based on a well founded fear of persecution. The hearing on the merits is calendared for April 2007.
In discussing this case, Bill Blum wrote that "Bathily's fate will rest in large part with Pierce. If credentials are any indication, Pierce has all the necessary tools and talent."
Since Ousmane Bathily's picture and story were featured in California Lawyer, we at the Law Offices of Curtis Pierce have received several phone calls and e-mails wishing him well. Because of the public interest in this compelling case, we will update this story in future editions of the newsletter.
To see article "Crossing To Safety" click the link below. CALIFORNIA LAWYER MAGAZINE JANUARY 2007
Community Involvement:
In December 2006, Curtis Pierce participated in a pro bono legal question and answer session at the Resurrection Church on Opal Street in East Los Angeles. The event was sponsored by Los Angeles County Bar Association. Mr. Pierce answered questions on a wide range of immigration issues, mostly by Spanish speakers.
Quotes from the Candidates:
November 4, 2008 is approaching. At the Law Offices of Curtis Pierce, we will keep you informed of the presidential candidates' statements, positions, threats, and promises on the subject of immigration. Watch this column develop in the next twenty-one issues of our newsletter before the presidential election.
Barack Obama - U.S. Senator for Illinois
"It behooves us to remember that not every single immigrant who came into the United States through Ellis Island had proper documentation. Not every one of our grandparents or great-grandparents would have necessarily qualified for legal immigration. But they came here in search of a dream, in search of hope. Americans understand that, and they are willing to give an opportunity to those who are already here, as long as we get serious about making sure that our borders actually mean something."
Floor Statement of Senator Barack Obama on Immigration Reform, April 3, 2006.
Barack Obama, the son of an immigrant from Kenya, was active in crafting the immigration bill that the Senate passed before the 109th Congress adjourned in 2006. He offered three amendments that were included in the bill.
1. The first amendment would strengthen the requirement that a job be offered at a prevailing wage to American workers before it is offered to a guestworker.
2. The second amendment would theoretically make it simple, but mandatory for employers to verify that their employees are legally eligible to work in the United States.
3. The third amendment would authorize $3 million a year for the FBI to improve the speed and accuracy of the background checks required for immigrants seeking to become citizens.
For more information on Senator Obama's position on immigration, see his senate webpage.
Coming Soon:
cpvisa-espanol.com NEWSLETTER EN ESPANOL
Look forward to our newsletter in Spanish. At the Law Offices of Curtis Pierce, we endeavor to reach out and expand our client base and to meet the needs of all of our clients. Our newsletter will soon be available in both English and Spanish.
cpvisa-espanol.com NEWSLETTER
Editor-in-chief: Marsha Mihok
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