We have our first DV-2011 Green Card Lottery Winner!!

The State Department has begun to notify approximately 100,000 individuals that they have won the DV-2011 Green Card Lottery.  Notifications will continue throughout May and June.

Jaensch Immigration Law Firm, which provides lottery entry submission services each year, received its first notification of a winner today.  There are only 50,000 green cards available for the 100,000 winners.  The government selects extra because it expects that a number will ultimately not meet the requirements.  The government will not start to issue DV-2011 green card until the start of the next fiscal year in October 2011.

Senate Democrat Comprehensive Immigration Reform Proposal

The following summary of the Senate’s CIR proposals was provided by Attorney Matthew Oh:

04/29/2010: Senate Democrat CIR Proposal: Legalization of 10.8 Million Illegal Aliens

• Initial Threshold requirements:
  • Currently in the U.S.
  • No criminal record of federal or state felony or three or more misdemeanors
  • No history of participation in persecution of others
  • Not inadmissible under 212(a) of Immigration & Nationality Act in certain categories including national security or criminal grounds
  • Currently “not” in an authorized immigrant or nonimmigrant status (only illegal aliens are eligible)
  • Entered the U.S. without inspection (EWI) “after” the date of “introduction of this bill.” In other words, EWIs are eligible inasmuch as they entered before the bill is introduced.
• Step I mandatory legalization application process:
  • Come out of closet, register, and go through biometrics, name checks, security checks.
• Step II Reside and Travel on interim Lawful Prosepctive Immigrant (LPI) status for 8 years (Back of the Line Provision)
• Step III Apply for Green Card (I-485) and meet the following requirements for eligibility:
  • Pass Basic Citizenship Skill test
  • Pass English Language Skill test
  • Proof of “continuous” residence since registration
  • Pass terrorism, criminal history, and other security and name checks
  • Proof of payment of all federal income taxes, fees, civil penalties
  • Proof of compliance with Registration for Selective Services for certain age applicants.
• Step IV Following-to-Join Immigrant Spouse and Children Abroad
  • Once LPR is granted through the foregoing steps, his or her spouse and children overseas will be eligible for application for immigrant visas.

04/29/2010: Senate Democrat CIR Proposal: Legalization of Illegal Aliens

• Three programs:
  • Legalization of 10.8 million aliens currently in the U.S. with no legal status
  • DREAM Act for youngsters
  • AgJOBS Act for farm workers and adjustment of status
• We will see the first program in details.

04/29/2010: Senate Democrat CIR Proposal: Family-Based Immigration Program Reform

• • Recapture of unused visa numbers
  • Backlog elimination within 8 years
  • Spouses and children of LPR considered “immediate relatives” and not subject to immigrant visa quota just like spouses and children of USC under the present system
  • Change per country family immigration limit from current 7% to 10% of total admissions
  • Immigrant benefits for widows and orphants of USC
  • Permanent partners (gays) of USC or LPR eligible for green card just like those spouses of USC or LPR
  • Exempt of children of Filipino WW II veterans from immigrant numerical limitation
  • Certain special protections for children and people with humanitarian considerations
  • Reform to stepchildren and adoptive children programs

04/29/2010: Senate Democrat CIR Proposal: Other Employment-Based Visa Program Reforms

• • New visas to promote property ownership by foreign nationals for enhancement of housing marked
  • Eliminate sunset date and make permanent R-1 religious worker program
  • Eliminate sunset date and make permanent Conrad 30 J-1 for international medical graduates
  • H-1B and J-1 program reform for international medical graduates to make easily obtainerable and to allow easier path to green card down the road
  • E-3 visa which is currently available for Australian will be extended to Ntionals of Ireland
  • Fashion models visa shifted from current H-1B visa to O or P visa
  • Nurse and physical therapist shortage alleviation program
  • Technical change to EB-5 investor program

04/29/2010: Senate Democrat CIR Proposal: Creation of New Provisional H-2C Non-Seasonal/Non-Agricultural Worker Visa Program (This is not H-1C for Nurses!)

• • Initial 3-year and renewable for 3 more years upto maxium 6 year limit.
  • Dual intent permitted
  • Portability of employer after one-year
  • Annual cap adjusted each year per unemployment rate and relevant economic indicators
  • Require the labor market test through recruitment including America’s Job Bank and SWA
  • Practical requirement of no displacement of US workers
  • Employer can hire H-2C workers after reaching the cap upon the following conditions:
    • pay additional fees
    • hightened wage paid to the H-2C employee
    • engage in additional recrruiment for the labr market test

04/29/2010: Senate Democrat CIR Proposal: H-2B Temporary Non-Agriculcural Worker Program Reform

• • Requirement of payment of higher wages than the current wages paid, either the wage set forth in a collecive bargaining agreement, or if there is no collective bargaining agree, then higher than:
    • Wage determination under Davis-Bacon Act;
    • Wage under Service Contract Act;
    • Median rate of the highest 50% of the wage data in the most recent OES Survey; or
    • 133% of minimum wage.
  • Employer’s return transportation cost liability upon termination
  • No Returning Worker when unemployment rate exceeds % unless the unemployment rate in the metropolitan area of intended place of employment falls below 6.0%.

04/29/2010: Senate Democrat CIR Proposal: H-2A Temporary Farm Worker Program Reform

• • Adopts AgJOBS bill (Readers may refer to Senator Dianne Feinstine bill)

04/29/2010: Senate Democrat CIR Proposal: L-1 Reform Part

• • Limit L-1 numbers for employers hiring 50 or more workers
  • Limit of L-1B of client-site services to one-year visa only, with waiver in the discretion of DHS
  • Changes in:
    • New Office L-1 requirements
    • Wage rates and work condition requirements
    • Employer penalty
    • Reenforced DHS authority to investigate noncompliance employers

04/29/2010: Senate Democrat CIR Proposal: H-1B Reform Part

• • Changes in H-1B application requirements:
    • Revise wage determination requirements
    • Require Internet posting
    • Lengthen US worker “displacement” protection period
    • Require current H-1B dependent employer restrictions to all H-1B employers
    • Prohibition of advertisement requiring H-1B nonimmigrants
    • Limit H-1B numbers for employers hiring 50 or more workers
  • DOL enforcement authrity:
    • Investigation for frauds
    • H-1B compliance audits

04/29/2010: Senate Democrat CIR Proposal: Employment-Based “Immigration”

• • Elimination of per country limit (cap) for employment-based immigration categories
  • Recapture of unused visa numbers
  • Immediate Green Card available for U.S. STEM Advance Degree holders with job offered in the STEM fields
  • Dual Intent of foreign students entering the country to study STEM

United States and Germany Launch Partnership to Link Trusted Traveler Programs

Release Date: April 14, 2010
For Immediate Release
Office of the Press Secretary

Department of Homeland Security (DHS) Deputy Secretary Jane Holl Lute and German Interior Ministry State Secretary Klaus-
Dieter Fritsche today signed a joint statement expressing their intent to integrate U.S. and German trusted traveler programs.
“Integrating one of our biometric trusted traveler programs with Germany’s will facilitate legitimate trade and travel between
our two nations while allowing law enforcement to focus on the most serious security threats at points of entry to our
country,” said Deputy Secretary Lute.
“This is another good step forward of our government-to-government cooperation. The joint program will make transatlantic
air travel easier and make it more secure at the same time,” said State Secretary Fritsche.
Under this statement, the United States and Germany will develop processes for qualified citizens of either country to apply for
both the United States’ Global Entry program and Germany’s Automated and Biometrics-Supported Border Controls (ABG)
program, which each use biometrics to identify trusted travelers.
Global Entry is a U.S. Customs and Border Protection (CBP) program allowing pre-approved members an alternative to regular
passport processing lines—reducing average wait times by 70 percent, with more than 75 percent of travelers using Global
Entry processed in less than five minutes. ABG serves a similar function for German citizens, and joining the two programs will
make travel faster and more secure.
At Global Entry kiosks, members insert their passport or lawful permanent resident card into a document reader, provide digital
fingerprints for comparison with fingerprints on file, answer customs declaration questions on the kiosk’s touch-screen, and
then present a transaction receipt to CBP officers before leaving the inspection area.
To date, more than 42,000 members have enrolled in the program since it was launched in 2008. Global Entry is currently
available at 20 major airports in the United States for U.S. citizens and U.S. permanent residents over 14 years of age who are in
possession of a valid machine-readable passport and who consent to a background screening.
Citizens of the Netherlands may also apply under a special reciprocal arrangement—similar to the one initiated today between
the United States and Germany—that links Global Entry with the Privium program in Amsterdam.
For more information on this or other CBP Trusted Traveler programs, or for an application to enroll in the Global Entry pilot
program, please visit www.cbp.gov/travel.

Business for Sale: National Franchise Chocolate Shop

In the next six to 12 months, a person who owns a national franchise chocolate shop on the west coast of Florida is considering selling the business.
The business is part of a national chain and produces and sells handmade chocolates, confections, handmade fudge, truffles, ice cream, gift chocolates, gourmet baskets, chocolate gift baskets and holiday baskets.
The business earns more than $400,000 per year and employs 11 workers.
It earns enough to pay the owner a wage.
It could be an excellent business for an E-2 visa.
For more information, email Chris@VisaAmerica.com

Update on Drivers’ Licenses for Immigrants.

I have been in contact the member of AILA (American Immigration Lawyers Association) who serves as the liaison between our organization and T.N. Prakash, Deputy Director of Program Operations, Division of Driver Licenses.  Mr. Prakash has been the main agency person in charge of drivers’ licenses for immigrants.

I asked them to confirm whether the following individuals can qualify for new or renewed drivers’ licenses:

The following individuals can qualify for new or renewed drivers’ licenses:

1. Applicants with a I-797 receipt  seeking a change or extension of status to non-working nonimmigrant (B, E dependent, F, etc.) This is the case even if they don’t get a social security number.
2. Applicants with the I-797 receipt notice seeking a change or extension of status to non-working nonimmigrant (B, E dependent, F, etc.)—Again, This is the case even if they don’t get a social security number.
3. As long as they are valid E-2 nonimmigrants, applicants with expired E visa by valid I-94 card (card typically issued with 24 month validity regardless of the visa expiration date)—

The bottom line is, an applicant can receive licenses with the receipts if they can show the status was filed for while still in valid status. The Social Security number does not control.  If anyone in valid status has difficulty procuring their driver’s license, contact our offices where we should be able to help.

Chris