March 28, 2014

Start-Ups and H1-B Visas

Two years ago USCIS announced it would increase its efforts to optimize visas for entrepreneurs and start-up businesses in an attempt to encourage investment and bolster the economy. Despite the governments efforts there are still a number of barriers to start-ups obtaining H1-B approvals.

In the last issue of  American Immigration Lawyer's The Voice,  they pointed out several important factors USCIS will look at when adjudicating an H1-B petition:

1. Is there a bona fide job offer?

There must be a bona fide offer, it cannot simply be an accommodation for a friend. If the financial condition of the start up is questionable USCIS will request evidence of the petitioners financial condition to determine if there is a bona fide offer.

2. Employers Actual Need and Sufficiency

USCIS may also question whether the employer actually NEEDS the H1-B position. USCIS wants to see that there is enough specialty occupation work for the beneficiary throughout the period of validity of the visa and that the beneficiary will not be performing non-specialty occupation work, such as sales, administrative tasks, etc.

3. Facilities for Work

USCIS also often asks if the employer has facilities to accommodate the work of the beneficiary. If there is, evidence should be provided of the facility. If not, as is often the case with start-ups, then there will need to be an explanation of alternative work arrangements.

For the full article by Ekaterina Powell click here.

March 26, 2014

Obama Deportation Review Crucial to Hold Latino Support

Elections are approaching and Democrats need to find a way to maintain Latino support in light of their inability to make any progress on immigration reform.

At a private meeting on March 11th, Senate staff told administration representatives that Obama’s options include stopping the deportations of parents of U.S. citizens and others who would be protected under a Senate bill that passed last year. Read the full story here.

Photographer: Yuri Cortez/AFP via Getty Images

March 07, 2014

Retreat by Attorney General on South Carolina's Arizona -Like Show Me Your Papers Immigration Law

In a win for civil rights immigration advocates, South Carolina has abandoned several key provisions of its Arizona-like harsh immigration law. Many states have taken a state-by-state approach as of late to immigration law enforcement. South Carolina was one of the harsher ones, like Arizona, having passed a law in 2011 that made it a crime to harbor or transport unauthorized immigrants, and for legal immigrants not to carry their papers. It also required state and local police to check the immigration status of people they suspected were here illegally.

South Carolina's Attorney General, Alan Wilson, has acknowledged his state is not likely to defeat the array of legal challenges facing the law since the Supreme Court has already struck down similar provisions of an Arizona law. Mr. Wilson went even further and issued a formal opinion in which he clarified that South Carolina's show me your papers provision did not allow police officers to detain someone solely to check their immigration status. If a police officer has conducted a lawful stop and he has no other reason to hold a person, they must be released, they cannot be further detained to determine their immigration status. 

This is a big win for immigrants rights' which are being threatened nationwide by the efforts of local police and government to enforce federal immigration law. 

Source: NY Times