Immigration

Priscilla Y. Ro

The following is an overview of some of the more common business visas that our clients ask us about. Please contact us with questions about your particular matter as each immigration case is as unique as its applicant and the surrounding facts.

Temporary Business Visas

H-1B Visas – The H-1B visa is available to people who have a U.S. bachelor’s degree, a comparable foreign degree or the equivalent education and experience, and the job the individual will be performing in the United States requires a bachelor’s degree.

An individual can remain in the U.S. for a maximum of six (6) years in this visa category. Once his or her status has expired, the individual must leave the U.S. for one year before he/she can be readmitted in H-1B visa status for an additional six (6) year period. The visa can be renewed.

Priscilla Y. Ro

Naturalization is the process by which a foreign citizen or national obtains U.S. citizenship once he or she fulfills the requirements established by the U.S. Congress and set forth in the Immigration and Nationality Act (INA).

There are three ways to obtain citizenship:

1. By birth,
2. Sometimes derived or acquired through parents or even grandparents under certain circumstances, and
3. Naturalization

In order to naturalize, most applicants must have been a lawful permanent resident (LPR) and have maintained a residence within the United States continuously for a minimum of five years since being granted their permanent residency.

Priscilla Y. Ro

One of the core doctrines that we value within the U.S. immigration system is family unity.  Both U.S. citizens and lawful permanent residents may sponsor close relatives to become lawful permanent residents themselves. 

In all cases, the family relationship must be established through documentary evidence, such as birth certificates and marriage certificates for example.

Petitions are initiated when the sponsoring relative files an immigrant visa petition, known as Form I-130, with the appropriate United States Citizenship and Immigration Services (USCIS) office or U.S. Consulate abroad. 

Once the petition is received, the receipt date establishes the priority date, in effect, placing the person being sponsored in line for an immigrant visas.

There are three general categories for family members: Immediate Relatives, Preference Relatives, and Accompanying Relatives.

On Saturday, March 24, 2012, the immigration practice of PobleteTamargo hosted a citizenship clinic in Arlington, Virginia. With the generous support of the George Mason University School of Law that helped secure the event space, as well as several law students, the clinic was a overwhelming success.

"The path to citizenhip can be a daunting process. By assisting families with this process we take some of the mystery out of this and hopefully encourage more people to take this important step in their lives, one of the most important legal decisions most people will likely make in their lives," said Irene Recio, the head of the firm's immigration practice (center of photo).

During the clinic prospective applicants had the opportunity to ask questions to ascertain if they were ready to begin the application process to become U.S. Citizens. If eligible, law students worked with them to complete a comprehensive questionairre after which attorneys worked with the applicants to complete their forms. 

Another clinic will likely be hosted in the summer.

by Emily Hollenberg

Last week the House Judiciary Committee approved Chairman Lamar Smith's Legal Workforce Act (H.R. 2885). If it becomes law, the Legal Workforce Act would require businesses to authenticate employees' legal work status using a government run Internet database verification program.

Created fifteen years ago as a voluntary program, E-Verify has been touted by supporters as an advanced web-based tool intended to replace the paper-based I-9 verification procedures currently used by businesses when they hire new employees. Supporters argue this system will not only help employers ensure better compliance with U.S. immigration laws, but will open millions of jobs for Americans that are currently unemployed.

The Secretary of Homeland Security Janet Napolitano and Immigration and Customs Enforcement (ICE) Director John Morton today announced this past week a new initiative to streamline the international student visa process for foreign students seeking to study in the United States. The program is called Study in the States.

Study in the States is a U.S. government initiative to encourage the best and brightest foreign students to study and remain in the U.S. The program builds upon other new efforts implemented earlier this year that are targeted to find talented students from other countries working in science and technology jobs.

Last week the Citizenship and Immigration Services Ombudsman's Office published highlights of a March 24, 2011 conference call regarding new data collection requirements related to U.S. export control laws in Part 6 of Form I-129, Petition for A Nonimmigrant Worker, for certain categories of H, L, and O visas.

Petitioners are now required to make a certification regarding the release of controlled technology or technical data subject to the Export Administration Regulations (EAR) or the International Traffic in Arms Regulations (ITAR) to foreign persons in the United States.

The U.S. Citizenship and Immigration Services ("CIS") recently released a revised Form I-129, "Petition for a Non-Immigrant Worker." This form is used for H-1B, L-1, and O-1A workers. There are many changes on the new form and you should consult your immigration counsel about them. We are writing to call attention to one specific change, certifications related to U.S. Export Control Laws and Regulations.