]]> Tuesday, the U.S. Senate’s bipartisan “Gang of Eight” publicly filed their highly anticipated comprehensive immigration reform bill:

“Border Security, Economic Opportunity & Immigration Modernization Act”
Highlights include:
H-1B Visas will increase from the current quota limitation of 85,000 to 130,000 (could reach 180,000). Employers will be required to conduct additional recruitment efforts to attract potentially qualified U.S. workers before and H-1B is granted. Employers would also have to pay higher salaries and fees for H-1B employees.
Introduction of a new temporary work visa category for low skilled “guest” workers called the “W — Visa” to begin in 2015. A new Federal bureau would be created to recommend the number of annual visas available, starting at 20,000 (could grow to 75,000 by 2019). The new category would replace the H-2 Agricultural Worker.
Introduction of a new “Entrepreneur” work visa.
A 40 percent reallocation of the current number of available employment-based immigrant visas to people with advanced foreign degrees or U.S. Masters’ Degrees (or better) in a field of Science, Technology, Engineering and Math (STEM).
A new “Merit Based” immigrant visa category to be rolled out in five years with criteria an initial quota of 120,000 (could rise to 250,000).
Family-based immigrant visa quotas would be eliminated and eligibility would be limited to immediate relatives (spouse, children and parents) of U.S. citizens and Legal Permanent Residents.
Elimination of the Diversity Visa Lottery and all family-based visas for siblings and married children over age 30.
The current version of the bill is over 800 pages and includes a legislative summary with key provisions to address contentious issues on U.S. Immigration, such as resolving the legal status of the estimated 11 to 12 million undocumented people living in the U.S., while also improving the backlog and supply of visas for foreign workers and family members.

The proposed “Pathway to Citizenship” for undocumented people will allow qualified immigrants who entered the U.S. before January 1, 2012 to eventually apply for legal permanent residency and U.S. citizenship. A 10 year waiting period would be required of applicants before becoming eligible to apply for Legal Permanent Residency (LPR). For those eligible as children and youth qualified under the former DREAM Act, the wait would be five years. In addition to the waiting period, the proposal requires fines, back taxes, an English language exam, gainful employment and a criminal background check.

The “Pathway to Citizenship” component will not be implemented until certain “triggers” are met to improve U.S. Border Control. The legislation proposes up to $4.5 billion to secure the U.S. – Mexico border, in order to deter or capture at least 90 percent of unauthorized crossers in certain high-risk border sectors. Other specific enforcement provisions include a requirement that all U.S. companies register with the online employment verification system, “E-Verify,” as well as improvement at all U.S. ports of entries for better prevention of visa overstays. Most of these security benchmarks are given a five-year deadline before the “Pathway to Citizenship” and other provisions are initiated.

Along with security and legalization proposals, the bill also streamlines the current employment and family-based immigration system. The bill increases and re-apportions existing temporary and immigrant visas based on employer and family sponsors. In addition to addressing the backlog and demand, the same provisions also eliminate certain visa categories while adding requirements to the current work visa system.

With its introduction, the filing of the Senate bill will now start the legislative process of multiple public hearings and review before undergoing its first round of amendments in the Senate Judiciary Committee as soon as May 2013, and with an actual Senate vote taking place several months later this year.

]]> Belgium

New sanctions and measures against employers of unauthorized workers have been implemented.

The Belgian Act, dated February 11, 2013, provides for sanctions and measures against employers of third-country nationals in Italy without authorization. The law implements European Directive 2009/52.

Under the new rules, in addition to already existing sanctions, an employer who employs third-country nationals staying in Belgium without authorization can be sanctioned financially (for example, back payment of remunerations, taxes, and social security contributions).

These new provisions were effective as of March 4, 2013.

Canada

The Federal Skilled Worker Program reopens in May; certain new permanent residence application categories are now open.

Canadian Federal Skilled Worker Program to Re-Open Doors on May 4, 2013

After more than a 10-month pause in accepting applications under the Canadian Federal Skilled Worker (FSW) Program, with the exception of candidates under the PhD stream or those with a qualifying job offer, Citizenship and Immigration Canada has announced that the FSW Program will re-open on May 4, 2013. All of the details of the modified FSW Program have not been released yet, but it is clear that although the new FSW selection system will remain points-based, significant changes to the FSW selection criteria are on the horizon.

Certain New Canadian Permanent Residence Application Categories Now Open

Foreign workers seeking to apply for permanent residence in Canada may now do so based on three new categories. Some of these permanent residence categories have caps and restricted occupations, such as the new Federal Skilled Trades Class and the Skilled Worker Class. For example, the Federal Skilled Trades Class only accepts up to 100 applicants within certain types of occupations. Most of the new permanent residence categories have already opened and are accepting applications, except for the skilled worker class, which cannot be filed before May 4, 2013.

Germany

The EU Blue Card visa category is an interesting option available to companies assigning personnel to Germany.

There is a considerable accumulated need in Germany for highly qualified employees against the background of intensified global competition for the most qualified labor.

The relatively high former salary threshold for executives and the highly skilled (€86.400 gross until December 31, 2008) had been reduced significantly (to €67.000 gross per year as of January 1, 2012) and was further reduced last year. Effective August 1, 2012, the salary threshold was eliminated for the highly skilled visa category. It was reduced by the implementation of the European Union (EU) Blue Card Directive and the implementation of the EU Blue Card (Blaue Karte EU) visa category in Germany. As of January 1, 2013, the salary threshold now is €46.400 gross for academic persons and is down to €36.192 gross for certain job categories (such as natural scientists, mathematicians, engineers, doctors, or IT consultants) and applicants holding a degree from a German university.

Russia

Quotas for foreign workers and associated procedures are causing problems.

Russia’s national quota system requires companies to forecast the number of foreign workers they will need to hire in the following year. The most sensitive current issue in Russian immigration is the quotas set for these workers and their associated procedures and problems.

Many companies that filed quota applications for the year 2013 got a full rejection in 2012. The government’s reasons varied, but the most common included “have not eliminated violations of employment of foreign nationals and use of quotas within previous years and 2012″ as well as “the possibility to find local (Russian) labor instead.’

If a company’s 2013 quota was rejected, it has only two options to employ foreign nationals:

1. File a quota amendment application for the year 2013. The company will need to file additional documents confirming the lack of a violation or explain why current positions cannot be filled by Russian nationals (depending on the reason for initial rejection). There is no guarantee that the application will be approved. It usually takes at least two months for the government to review the application.

2. Process a “highly qualified specialist” work permit.

Companies whose applications were rejected by mistake should send an official query to the Labor Department for Moscow with a request to provide clarification.

United Kingdom

Various new developments have been announced; a commentary follows below the news.

UK Border Agency Conducts Business Helpdesk Pilot

Since the introduction of the Points-Based System in the United Kingdom (UK), it has often been difficult to contact relevant UKBA staff to obtain status updates. This has caused frustration for businesses, which need more certainty and timely information when applying to sponsor migrants. In response to requests from the Immigration Law Practitioners Association, the UK Border Agency (UKBA) ran a Business Helpdesk Pilot until the end of March 2013. Following the trial and subject to satisfactory feedback, the UKBA will consider expanding the service to include businesses based overseas.

The time frames for obtaining updates under the pilot were as follows:

Status updates for applications made in the UK should be provided within two working days of the request;

More complex queries, such as interpreting guidance or when anomalous situations arise, should be provided within three working days; and

Passport/identity document-checking service, where there are concerns regarding a migrant’s right to work in the UK, should be provided within 10 working days.

Changes to Tier 1 (Entrepreneur) Category

On January 31, 2013, changes to the Immigration Rules for the Tier 1 (Entrepreneur) route of the Points-Based System took force.

UK Immigration Minister Mark Harper explained that the changes were being made in an effort to tackle what he described as “abuse of the entrepreneur migration route.” Specifically, Mr. Harper cited “strong evidence” that fake businesses were being created and applicant funds were being recycled to game the system and fraudulently establish the eligibility of multiple applications.

Significantly, in addition to applying prospectively to any applications made on or after January 31, 2013, almost all of the changes will apply retroactively to applications filed before this date but not yet decided.

UK Border Agency Accepts Migration Advisory Committee Recommendations on Changes to Appropriate Salary Rates for Occupations

On March 4, 2013, the UKBA published its latest Statement of Intent, accepting the Migration Advisory Committee’s (MAC) recommendations on changes to appropriate salary rates for occupations effective April 6.

Minimum rates of pay will be increased across the Tier 2 categories as follows:

Tier 2 (General), up from £20,000 to £20,300

Tier 2 (General) jobs that are exempt from advertising in Jobcentre Plus, up from £70,000 to £71,000

Tier 2 (General) jobs that are exempt from the annual limit and the Resident Labour Market Test, up from £150,000 to £152,100

Tier 2 (Intra-Company Transfer) Short-Term Staff, Skills Transfer, or Graduate Trainee, up from £24,000 to £24,300

Tier 2 (Intra-Company Transfer) Long-Term Staff, up from £40,000 to £40,600

Tier 2 (Intra-Company Transfer) for workers who can extent their stay in the UK for up to nine years, up from £150,000 to £152,100; and

Tier 2 (General) and Tier 2 (Sportsperson) earnings that qualify for settlement, up from £35,000 for settlement applications made on or after April 6, 2016, and £35,500 for settlement applications made on or after April 6, 2018.

SOC Codes to be Updated on April 6th

The Standard Occupational Classification (SOC) codes for Tier 2 will be updated from SOC 2000 to SOC 2010 on April 6, 2013. This will result in many of the job titles and SOC numbers changing. To make the transition easier for sponsors, the UKBA has provided a comparison between the two at Annex C, page 31 of the

Statement of Intent. From a practical perspective, the change to SOC 2010 will have implications for assigning certificates of sponsorship as follows:

Any unrestricted certificates of sponsorship prepared before April 6 but not assigned will need to have the “job type” field amended and an appropriate SOC 2010 job type selected;

Any restricted certificates of sponsorship (RCoS) granted will need to be assigned before April 6 because the “job type” field cannot be amended to the new SOC 2010. If it cannot be assigned, a new application for a RCoS will need to be submitted;

During the transitional phase, the timings of the monthly allocation for RCoS will need to change for March, April, and May; rather than accepting applications from March 6 to April 5 to be decided on April 11, the UKBA will accept applications from April 6 to April 17 and decisions on these applications will be made on April 19. Applications for the May allocation of RCoS will be accepted from April 18 to May 5 and decisions will be made on May 13. The monthly allocation process for June will revert to the usual schedule.

If an RCoS is required urgently between March 6 and April 18, the application must be submitted through SMS and exceptional consideration requested by e-mail to Tier2Limits@homeoffice.gsi.gov.uk. This e-mail must be forwarded to the UKBA on the same day as the application for an RCoS is submitted.

New Immigration Rules – Changes to Tier 2

The UKBA announced on March 14, 2013, new Immigration Rules to be introduced on April 6, 2013. The categories of migrants affected by these changes include Points-Based System migrants, as well as foreign migrant spouses of British nationals. The changes to Tier 2 include:

As noted in the last Global Immigration Update, Tier 2 migrants who leave the UK and whose leave expires are subject to a 12-month “cooling-off period” before they can return under Tier 2. The UKBA is making this change in response to requests from businesses to reduce the impact of this policy on their ability to recruit and transfer very senior staff. The change means that the “cooling-off period” will no longer apply to Tier 2 migrants being sponsored in a job with an annual salary of £152,100 or more.

A further change is that Intra-Company Transferees earning £152,100 or more annually will be exempted from the current requirement of proving their English-language ability when they extend their stay in the UK beyond three years.

To reduce administrative burdens on applicants and sponsoring employers, the UKBA is changing the requirement that Intra-Company Transferees provide 12 months of payslips to prove they have worked for their sponsoring employer’s organization for at least 12 months. The 12-month prior employment rule will continue to apply but will need to be confirmed through the provision of payslips only where there is any doubt.

The UKBA is changing the post-study work provision for students graduating in the UK to switch into Tier 2. The existing rules require such students to have existing valid leave and to have graduated during a period of continuous leave, which includes their current grant of leave. Breaks in leave of up to 28 days will now be acceptable, in line with the policy on overstayers established in HC 194 (set before Parliament on June 13, 2012). The changes also clarify that undergraduate master’s degrees are eligible under the provisions as well as postgraduate master’s degrees.

To improve flexibility, the UKBA is adjusting the permitted changes to a Tier 2 migrant’s salary that may be made without requiring a fresh application. The changes permit reductions in salary as well as increases, provided the salary does not fall below the appropriate rate for the occupation or any overall salary threshold that applies to the applicant. These changes apply in addition to the existing provisions for maternity, paternity, or adoption leave; long-term sick leave; and company-wide reductions in pay to avoid redundancies.

The UKBA is confirming that Tier 2 (General) migrants may apply for extensions to continue working in the same occupation (not just the same job) with the same sponsor, without a Resident Labour Market Test being required.

Australia

The Australian Department of Immigration and Citizenship (DIAC) announced on March 23 2013 a new business visitor visa called the Temporary Work (Short Stay Activity) visa (subclass 400).

The Temporary Work (Short Stay Activity) visa (subclass 400) is a temporary visa that lets you enter Australia to:

Do short-term, highly specialized, non-ongoing work

Participate in an event or events on a non-ongoing basis at the invitation of an Australian organization.

You can usually stay in Australia for up to six weeks. You must be outside Australia when you apply for this visa and when the visa is decided.

Mexico & Brazil

On March 26, 2013, a Short-Term Visa Waiver Agreement for business and tourist visitors was signed. The exact date of implementation has not yet been determined.

Netherlands

Modern Migration Policy Act enters into force on June 1, 2013.

The Immigration and Naturalisation Service (IND) announced the implementation and enforcement of the Modern Migration Policy Act. According to the IND’s officials, a major advantage of this act is that the application procedure in order to be allowed entry into the Netherlands (the regular provisional residence permit) and the application procedure for being allowed to stay in the Netherlands for a longer period of time (the residence permit) are combined into a single procedure. As a result, migrants or their sponsor only need to submit a single application.

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March 28, 2013

Thanks for trusting Pearl Law Group and the Alliance of Business Immigration Lawyers (ABIL) for your business immigration updates. As always, we welcome your comments and questions.

Headlines (Details below)

New Procedure for Electronic I-94s Will Be In Place by April 26, 2013 —CBP will begin automated processing of I-94 forms for most travelers coming by air and sea; forms will be available to print online, including replacements.

Details…

New Procedure for Electronic I-94s Will Be in Place by April 26, 2013

Today, Customs and Border Patrol (CBP) issued an interim final rule that will be effective on April 26th, and eliminate paper Form I-94 documents for most travelers entering the United States. Travelers inspected at air and sea ports of entry will receive a passport stamp evidencing admission classification and duration of status, together with instructions for printing an online Form I-94, if desired or needed (e.g., for completion of Form I-9). Although details have not been disclosed yet, travelers will log on to a government website (www.cbp.gov/I94), input certain personal details, and access the Form I-94 which may be printed and presented to any third parties. In addition to initial Form I-94 documents, the online site will be used for issuance of replacement I-94s.

Note that procedures at land borders will not change until a later time. In addition, some travelers will continue to receive paper forms, such as certain refugees, asylees, parolees and others as determined by CBP.

Pearl Law Group will be evaluating the impact of this change and updating client workflow procedures accordingly. If you have any questions or concerns in the meantime, please contact your Pearl Law Group attorney.

Click here to read the interim rule published in the Federal Register or copy/paste into your browser: https://www.federalregister.gov/articles/2013/03/27/2013-06974/definition-of-form-i-94-to-include-electronic-format#h-8

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General Release Vol. 145 (March 19, 2013)

Thanks for trusting Pearl Law Group and the Alliance of Business Immigration Lawyers (ABIL) for your business immigration updates. As always, we welcome your comments and questions.

Headlines (Details below)

USCIS Adjusts Premium Processing Schedule for Cap-Subject H-1Bs—USCIS has announced that processing of FY14 H-1B petitions subject to the “cap” and filed with a premium processing request, will not be processed until April 15th at the earliest.

USCIS Releases New Two-Page I-9 Verification Form, Handbook for Employers —U.S. Citizenship and Immigration Services (USCIS) has released a revised Employment Eligibility Verification Form (I-9), effective March 8, 2013. A revised Handbook will be available soon, and USCIS is holding upcoming webinars on the new form.

More Details on the Effects of Sequestration —U.S. Customs and Border Protection (CBP) has released information about the effects of “sequestration” (mandated federal budget cuts under the Budget Control Act of 2011) on traveler and border programs.

Details…

USCIS Adjusts Premium Processing Schedule for Cap-Subject H-1Bs

Based on the past history of premium processing receipt levels and the possibility that the H-1B cap will be met in the first 5 business days of the FY14 filing season which begins on April 1st, USCIS has temporarily adjusted its current premium processing practice. All premium processing for cap-subject H-1B petitions, including H-1B petitions seeking an exemption from the fiscal year cap for individuals who have earned a U.S. master’s degree or higher, will begin on April 15, 2013. All requests for premium processing received between April 1, 2013, and April 14, 2013, will be adjudicated when premium processing begins on April 15, 2013.

The 15-day processing period for premium processing service for H-1B petitions that are not subject to the cap, or for any other eligible classification, will continue to start on the date that the request is received.

USCIS Releases New Two-Page I-9 Verification Form, Handbook for Employers

U.S. Citizenship and Immigration Services (USCIS) has released a revised Employment Eligibility Verification Form (I-9), effective March 8, 2013. All employers must complete an I-9 for each employee hired in the United States. Changes to the I-9 include new fields, reformatting, and revised instructions to both employees and employers. Optional fields have been added for employee e-mail addresses and telephone numbers, as well as foreign passport information if applicable.

Employers should begin using the newly revised Form I-9 (Rev. 03/08/13)N for all new hires and reverifications. Employers may continue to use previously accepted revisions [(Rev.02/02/09)N and (Rev. 08/07/09)Y] until May 7, 2013. After May 7, 2013, employers must only use the I-9 version with the revision date of (Rev. 03/08/13)N. The revision date of the I-9 is printed on the lower left corner of the form.

USCIS noted that employers should not complete a new I-9 for current employees if a properly completed I-9 is already on file.

USCIS said it is updating, and will release shortly, a new handbook for employers containing guidance for completing the I-9. In addition, they will be holding numerous upcoming webinars on the I-9 form. Click here for the full list.

USCIS has also released a new M274 Handbook for Employers. It has a revision date of 3-8-13.

More Details on the Effects of Sequestration

U.S. Customs and Border Protection (CBP) has released information about the effects of “sequestration” (mandated federal budget cuts under the Budget Control Act of 2011) on traveler and border programs. CBP stands to lose $512 million in fiscal year (FY) 2013 funds, according to the Office of Management and Budget (OMB). CBP warned that it anticipates “significant potential impacts to cross-border travel and trade,” which will increase as peak travel seasons occur. The agency noted that, among other things, it will lose “up to several thousand” CBP officers at ports of entry in addition to undergoing “significant cuts” to operating budgets and programs.

CBP said that security will remain the highest priority. The agency noted that all trusted traveler and trader programs, including Global Entry, SENTRI, NEXUS, C-TPAT, and FAST, will be “maintained and emphasized.”

CBP said it anticipates the following effects, among others, at ports of entry:

Increased wait times for personal vehicles and pedestrians at land border ports of entry, with the potential of doubling of peak wait times up to several hours or more at the largest ports, leading to potential gridlock during peak travel seasons;

Increased wait times at major international airports of up to 50 percent or more, with peak wait times of up to 3-4 hours or more at some gateway airports;

Reduced flexibility to maintain or extend operating hours or respond to requests for new services.

CBP noted that the cuts are taking place against a backdrop of significant growth in international travel and trade. According to CBP, international air travel has increased by 12 percent over the past three years and is expected to increase an additional 5 percent this year. Also, land border passenger traffic is increasing on both the northern and southern borders.

CBP has launched a Web page to provide information and updates on the effects of sequestration on its operations.

Meanwhile, the Office of Management and Budget released a document showing FY 2013 cuts to all federal government branches and agencies resulting from sequestration. Among other things, it shows that U.S. Citizenship and Immigration Services, which is primarily funded from fee-based services, stands to lose $151 million. U.S. Immigration and Customs Enforcement also released several thousand lower-risk detainees in anticipation of budget cuts.

A list of the Department of Homeland Security’s cuts begin on page 27 of the OMB publication, “OMB Report to the Congress on the Joint Committee Sequestration for Fiscal Year 2013.” See page 7 of the OMB publication for a paragraph explaining what the numbers mean. The OMB publication is available here.

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General Release Vol. 144 (March 8, 2013)

Thanks for trusting Pearl Law Group and the Alliance of Business Immigration Lawyers (ABIL) for your business immigration updates. As always, we welcome your comments and questions.

Headlines (Details below)

Sequestration to Impact Travel, Consular Operations and Immigration Application Processing—The White House and U.S. Department of Homeland Security have indicated that cuts resulting from the Budget Control Act will significantly impact upon many services and programs that benefit foreign nationals and facilitate domestic and international travel.

USCIS Releases New Form I-9—USCIS today issued its new, two-page version of Form I-9 which must be used by all employers no later than May 7, 2013.

Details…

Sequestration to Impact International Travel, Consular Operations and Immigration Application Processing

The White House and U.S. Department of Homeland Security have indicated that cuts resulting from the Budget Control Act will significantly impact upon many services and programs that benefit foreign nationals and facilitate international travel. Furloughs, reductions in overtime and a hiring freeze are expected to dramatically reduce and delay services at the Departments of Homeland Security, State, and Labor, and underscore the pressing need for immigration reform to help businesses retain and deploy talent around the world.

What can we expect?

Longer immigration and security lines at the airport.: Indications have been made that wait times may be up to several hours longer for both Customs & Border Patrol and Transportation Security Agency services. Air travelers should factor this into their plans, and consider enrolling in trusted traveler programs, such as Global Entry and NEXUS. For more information on these programs, visit http://www.globalentry.gov/.

Slower processing times for visa/immigration applications processed by the Departments of State and Homeland Security.: Visa processing times at U.S. Embassies and Consulates may be severely impacted by the budget cuts, as resources will be focused on security matters more than visa issues. The time to secure visa appointments may be increased, and processing for visa issuance may also be impacted. The impact on USCIS services may be less widespread, as those operations are funded primarily by application fees.

Longer delays in processing LCA and PERM filings at the Department of Labor.: Backlogs are expected to increase due to staffing reductions.

For more information about the sequestration, please contact your Pearl attorney or visit http://cbp.gov/xp/cgov/newsroom/advisories/info_seq_cbpops/seq_faq.xml.

USCIS Releases New Form I-9

Effective today (March 9, 2013), employers should begin using the new Form I-9 for all new hires and re-verifications. Previously accepted revisions (Rev. 02/02/09N and 08/07/09Y) can be used until May 7th; however, the new form must be used after that date. More information is available at http://tinyurl.com/alvfyfa.

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General Release Vol. 143 (February 21, 2013)

Thanks for trusting Pearl Law Group and the Alliance of Business Immigration Lawyers (ABIL) for your business immigration updates. As always, we welcome your comments and questions.

Headlines (Details below)

Pearl Law Group Will Be Filing FY 2014 Cap-Subject H-1Bs Next Month—Companies should prepare to file H-1B petitions, and evaluate their anticipated hiring needs for H-1B professionals (specifically, those requiring initial H-1B visas) for the 12-month period beginning on October 1, 2013. The pace of hiring this year means that the demand for new H-1B workers could result in the new cap being reached sometime in April.

Details…

Pearl Law Group Will be Filing FY 2014 Cap-Subject H-1Bs Next Month

April 1, 2013, signals the start of what has become an annual race to get H-1B petitions filed as early as possible to ensure acceptance before the cap of 85,000 visas is reached. Because April 1 is a Monday, we will have petitions to the couriers by Friday March 29, 2013. The 85,000 cap includes the basic cap of 65,000, plus an additional 20,000 H-1B visas available to foreign nationals who have earned an advanced degree (master’s or higher) from a U.S. university.

The H-1B cap for fiscal year 2013 was reached in June 2012. The pace of hiring this year means that the demand for new H-1B workers could result in the new cap being reached sometime in April, likely during the first week. As in past years, some foreign nationals are not subject to the H-1B cap, including individuals who already have been counted toward the cap in a previous year and have not been outside the United States subsequently for one year or more. Also, certain employers, such as universities, government-funded research organizations, and some nonprofit entities are exempt from the H-1B cap. All other employers should be aware of the H-1B cap.

Pearl Law Group recommends that clients keep their attorney apprised of all new hires needing new H-1Bs so that we can file the petitions on time. Examples would include F-1 students hired with optional practical training that expires before April 1, 2014, or current L-1B nonimmigrants who will have spent five years in that status as of any date before October 1, 2014.

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• Pearl Law Group Receives Super Lawyers Pro Bono Award

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We are extremely honored to announce that Pearl Law Group has just received an award from Thomson Reuters’ Super Lawyers, in recognition of pro bono services our attorneys have delivered over the past year. The award comes with a sizeable cash prize that we will donate to Project Sandy Far Rockaway, to help restore the community which suffered greatly from Hurricane Sandy.

While serving corporate and institutional clients has brought us notable industry accolades (such as the recent EMMA award as “Immigration Provider of the Year,” ranking in the top band of Chambers USA, and inclusion in U.S. News & World Report’s Best Lawyer/ Best Law Firms), the Super Lawyers Pro Bono Award proves that doing well comes from doing good, and even small firms can aim high enough to achieve both corporate and community recognition.

Our attorneys spend 50-60 hours each year on pro bono work — about 8 cases per attorney — because we believe it is our professional obligation to serve those less fortunate. Here are some highlights of our efforts:

Successfully rescued a father of two young children with immune system disorders from deportation back to El Salvador by working with the federal government to stay the deportation

Helped an elderly Chinese woman obtain a visitor visa to visit her grandchildren

Helped a woman with the HIV virus to lawfully remain in the U.S. to care for her two minor children

Supported an Indian humanitarian and founder of an innovative NGO to conduct workshops and lectures around the U.S.

Following the August 2012 memo from President Barack Obama establishing Deferred Action for Childhood Arrivals (DACA), established a pro bono DACA program for eligible candidates in the San Francisco area

For more information about the award, please visit: http://www.superlawyers.com/about/probono_award.html.

For more about Project Sandy Far Rockaway, please visit: http://projectsandyfarrockaway.org/mission/.

• President Obama Speaks on Immigration Reform; Senators Announce Bipartisan Agreement — President Obama spoke on his immigration reform proposal one day after a bipartisan group of senators also proposed principles for comprehensive immigration reform.
• Julie Pearl to moderate BAMM panel on Global Business Traveler Compliance — At the Bay Area Mobility Management (BAMM) annual conference on February 28th in Foster City, CA, Julie Pearl will moderate a panel of global mobility experts on this challenging topic.

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General Release Vol. 141 (February 6, 2013)

Thanks for trusting Pearl Law Group and the Alliance of Business Immigration Lawyers (ABIL) for your business immigration updates. As always, we welcome your comments and questions.

Headlines (Details below)

President Obama Speaks on Immigration Reform; Senators Announce Bipartisan Agreement — President Obama spoke on his immigration reform proposal one day after a bipartisan group of senators also proposed principles for comprehensive immigration reform.

Julie Pearl to moderate BAMM panel on Global Business Traveler Compliance — At the Bay Area Mobility Management (BAMM) annual conference on February 28th in Foster City, CA, Julie Pearl will moderate a panel of global mobility experts on this challenging topic.

Details…

President Obama Speaks on Immigration Reform; Senators Announce Bipartisan Agreement

President Obama spoke in Las Vegas, Nevada, on his immigration reform ideas and released a statement one day after a bipartisan group of senators proposed principles for comprehensive immigration reform, on January 28, 2013.

A fact sheet on President Obama’s immigration reform proposal outlines four principles:

First, continue to strengthen our borders. Second, crack down on companies that hire undocumented workers. Third, hold undocumented immigrants accountable before they can earn their citizenship; this means requiring undocumented workers to pay their taxes and a penalty, move to the back of the line, learn English, and pass background checks. Fourth, streamline the legal immigration system for families, workers, and employers.

Among other things, President Obama’s proposal includes providing visas to foreign entrepreneurs who want to start businesses in the United States and “helping the most promising foreign graduate students in science and math stay in this country after graduation, rather than take their skills to other countries.” He also would provide a legal way for undocumented people to “earn citizenship” by passing national security and criminal background checks, paying taxes and a penalty, “going to the back of the line,” and learning English. Young people could earn citizenship more quickly by serving in the military or pursuing higher education.

The President is proposing the following measures, according to the fact sheet:

Mandatory, phased-in electronic employment verification. The President’s proposal provides tools for employers to ensure a legal workforce by using federal government databases to verify that the people they hire are eligible to work in the United States. Penalties for hiring undocumented workers are significantly increased, and new penalties are established for committing fraud and identity theft. The new mandatory program ensures the privacy and confidentiality of all workers’ personal information and includes important procedural protections. Mandatory electronic employment verification would be phased in over five years with exemptions for certain small businesses.

Combat fraud and identity theft. The proposal also mandates a fraud-resistant, tamper-resistant Social Security card and requires workers to use fraud- and tamper-resistant documents to prove authorization to work in the United States. The proposal also seeks to establish a voluntary pilot program to evaluate new methods to authenticate identity and combat identity theft.

Protections for all workers. The President’s proposal protects workers against retaliation for exercising their labor rights. It increases the penalties for employers who hire undocumented workers to skirt the workplace standards that protect all workers. And it creates a “labor law enforcement fund” to help ensure that industries that employ significant numbers of immigrant workers comply with labor laws.

The proposal also would eliminate annual country caps for employment-sponsored immigration and add visas to the system. It would allow “greater flexibility” to designate countries for participation in the Visa Waiver Program, and would “staple” green cards to advanced STEM (science, technology, engineering, and mathematics) graduates with master’s degrees or Ph.D.’s who have found employment in the United States. The proposal would require employers to pay a fee to support education and training “to grow the next generation of American workers in STEM careers.”

President Obama’s proposal would permanently authorize immigrant visa opportunities for regional center (pooled investment) programs; and provide incentives for visa requestors to invest in programs that support national priorities, including economic development in rural and economically depressed regions. The proposal would create a new visa category for a limited number of highly skilled and specialized employees of federal national security science and technology laboratories who have been in the United States for two years.

Sens. Charles Schumer (D-N.Y.), John McCain (R-Ariz.), Dick Durbin (D-Ill.), Lindsey Graham (R-S.C.), Robert Menendez (D-N.J.), Marco Rubio (R-Fla.), Michael Bennet (D-Colo.), and Jeff Flake (R-Ariz.) proposed the following four “basic legislative pillars”:

Create a tough but fair path to citizenship for unauthorized immigrants currently living in the United States that is contingent upon securing our borders and tracking whether legal immigrants have left the country when required;

Reform our legal immigration system to better recognize the importance of characteristics that will help build the American economy and strengthen American families;

Create an effective employment verification system that will prevent identity theft and end the hiring of future unauthorized workers; and

Establish an improved process for admitting future workers to serve our nation’s workforce needs, while simultaneously protecting all workers.

Among other things, they propose that those who have been working in the U.S. agricultural industry without legal status and who “commit to the long-term stability of our nation’s agricultural industries” will be able to “earn a path to citizenship through a different process under our new agricultural worker program.”

The senators also lament the “broken” U.S. immigration system that “sadly discourages the world’s best and brightest citizens from coming to the United States and remaining in our country to contribute to our economy.” This failure, the senators note, makes legal entry into the United States “insurmountably difficult for well-meaning immigrants” and “unarguably discourages innovation and economic growth,” in addition to creating substantial visa backlogs that force families to live apart and incentivize undocumented immigration.

To address these challenges, the senators propose a “new immigration system” that recognizes the characteristics that will “help build the American economy and strengthen American families,” in addition to reducing backlogs in the family and employment visa categories. Among other things, they propose permanent resident status to immigrants who have received a Ph.D. or master’s degree in science, technology, engineering, or mathematics from a U.S. university.

The senators also recommend a mandatory employment verification system with stiff penalties for egregious offenses.

For unauthorized workers, the senators propose legislation that would:

Allow employers to hire immigrants if it can be demonstrated that they were unsuccessful in recruiting an American to fill an open position and the hiring of an immigrant will not displace American workers;

Create a workable program to meet the needs of America’s agricultural industry, including dairy to find agricultural workers when American workers are not available to fill open positions;

Allow more lower-skilled immigrants to come here when our economy is creating jobs, and fewer when our economy is not creating jobs;

Protect workers by ensuring strong labor protections; and

Permit workers who have succeeded in the workplace and contributed to their communities over many years to earn green cards.

President Obama’s fact sheet is available at http://www.whitehouse.gov/the-press-office/2013/01/29/fact-sheet-fixing-our-broken-immigration-system-so-everyone-plays-rules. His speech transcript is available at http://www.whitehouse.gov/the-press-office/2013/01/29/remarks-president-comprehensive-immigration-reform. The senators’ statement announcing their framework for immigration reform is available at http://s3.documentcloud.org/documents/562528/reform0128principlessenatefinal.pdf.

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Julie Pearl to moderate BAMM panel on Global Business Traveler Compliance

On Thursday, February 28th in Foster City, CA, Julie Pearl will moderate an afternoon session, “Managing Global Business Traveler Compliance,” featuring global mobility experts from Bechtel, Ernst & Young, and salesforce.com. For more information about the BAMM conference, please visit their website at http://www.mybamm.org/.

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• Pearl Law Group Expands Global Immigration Practice — Pearl Law Group recently welcomed Daniel Park as its new Global Operations Manager.
• New Rule Eases Family Unity During Waiver Process — Under the new provisional waiver process, immediate relatives can apply for a provisional waiver before they depart for their immigrant visa interview abroad.
• U.S. Embassies, Consulates in China Will Transition to New Visa Collection System in March — U.S. visa fee receipts that applicants currently purchase from select CITIC Bank branches will be phased out and will not be valid after March 14, 2013.
• Foreign Labor Certification Annual Report for FY 2011.

To Subscribe to this newsletter, please send an email to listserver@immigrationlaw.com requesting "Subscribe" in the subject line.]]> Pearl Immigration NewsFlash

General Release Vol. 140 (January 16, 2013)

Thanks for trusting Pearl Law Group and the Alliance of Business Immigration Lawyers (ABIL) for your business immigration updates. As always, we welcome your comments and questions.

Headlines (Details below)

Pearl Law Group Expands Global Immigration Practice — Pearl Law Group recently welcomed Daniel Park as its new Global Operations Manager.

New Rule Eases Family Unity During Waiver Process — Under the new provisional waiver process, immediate relatives can apply for a provisional waiver before they depart for their immigrant visa interview abroad.

U.S. Embassies, Consulates in China Will Transition to New Visa Collection System in March — U.S. visa fee receipts that applicants currently purchase from select CITIC Bank branches will be phased out and will not be valid after March 14, 2013.

Foreign Labor Certification Annual Report for FY 2011.

Details…

Pearl Law Group Expands Global Immigration Practice

Pearl Law Group recently welcomed Daniel Park as its new Global Operations Manager, a reflection of the growing demand for immigration legal services related to international employee assignments and placement of global talent. While companies continue to grow their operations overseas in both traditional business centers and emerging markets, national immigration policies and regulations don’t always work in favor of business, and navigating visa and work permit processes and timelines can be a huge challenge for employers who need teams in place yesterday.

“From frequent global business travelers, to short-, long- and back-to-back assignments across the world – Daniel’s seen it all,” says firm Partner, Sameer Khedekar, who oversees the growing global immigration practice. Founded in 1995 to work primarily with employers bringing talent to the United States, Pearl Law Group today has dozens of professionals devoted to helping client companies deploy their best and brightest all over in the world, and is one of the largest global immigration practices in the country. Daniel joins practice managers Kristy Pagel-Stumpp and Said Boskovic, and he will manage the day-to-day delivery of services to some of the Bay Area’s leading employers.

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New Rule Eases Family Unity During Waiver Process

USCIS has issued a final rule that establishes a process to reduce the time U.S. citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to become lawful permanent residents of the United States under certain circumstances. The process will be effective March 4, 2013.

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States to become lawful permanent residents must leave the U.S. and obtain an immigrant visa abroad. If they have accrued more than six months of unlawful presence while in the United States, they must also obtain a waiver to overcome the unlawful presence inadmissibility bar before they can return to the United States. The current process does not allow filing of the waiver application until after the immigrant visa interview abroad, thereby lengthening the period of absences before returning to the U.S.

Under the new provisional waiver process, immediate relatives must still depart the United States for the consular immigrant visa process; however, they can apply for a provisional waiver before they depart for their immigrant visa interview abroad. USCIS will publish a new form, Form I-601A, for individuals to use when applying for a provisional unlawful presence waiver under the new process.

Click here to view the Final Rule.

https://www.federalregister.gov/articles/2013/01/03/2012-31268/provisional-unlawful-presence-waivers-of-inadmissibility-for-certain-immediate-relatives

Additional information from USCIS is available at:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=bc41875decf56310VgnVCM100000082ca60aRCRD&vgnextchannel=bc41875decf56310VgnVCM100000082ca60aRCRD

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U.S. Embassies, Consulates in China Will Transition to New Visa Collection System in March

The U.S. embassy and consulates general in China will transition to a “new and improved” visa fee collection system for Chinese applicants in mid-March 2013. As a result of this new system, the U.S. visa fee receipts that applicants currently purchase from select CITIC Bank branches will be phased out and will not be valid after March 14, 2013. There will be no fee increase associated with these changes. The U.S. embassy strongly advises all visa applicants to use all current CITIC fee receipts before they expire on March 14, 2013. “After the expiration date, we will be unable to accept receipts issued before March 14 and refunds for expired receipts will not be available. Visa applicants who plan to apply close to or after March 14 should wait to pay their visa fees until after this date.” The U.S. embassy in Beijing said that specific details on this new way for applicants to pay their visa fees will be announced closer to the transition date.

The announcement is available at http://beijing.usembassy-china.org.cn/niv_info.html

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Foreign Labor Certification Annual Report for FY 2011.

The Department of Labor has released the 2011 Foreign Labor Certification Annual Report, which presents information on the prevailing wage determination process, permanent labor certification, and temporary nonimmigrant labor certification for FY 2011. The report also contains state employment-based labor certification profiles, information on STEM-related occupations in the labor certification programs, H-2A agricultural certification statistics, and employment-based immigration profiles by country.

The Annual Report is available at http://www.foreignlaborcert.doleta.gov/pdf/2011AR_FINAL.pdf.

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