Immigration Update
T 414 342 3000 | F 414 342 3801 | 1434 West State Street | Milwaukee, Wisconsin 53233 | grzecalaw.com
Your Trusted Immigration News Source January 2010, Vol. 3, Issue 1


GLG NEWS
WELCOME ERIK BORREGO!  Erik joins Grzeca Law Group as Bilingual Receptionist.  He is eagerly awaiting your call!

Jerry will attend AILA's National Day of Action in Washington, D.C. on March 25, 2010 to advocate for immigration reform before members of Congress and their staff.

Have you looked at our new website lately?  Let us know what you think!

�  Are you LinkedIn? Join Jerry's network to stay connected.

Presentations:
Jerry was a speaker for AILA's Audio Seminar "Top Ten (and Maybe a Few More) Government Errors and How to Correct Them" on January 26, 2010.

Jerry will be speaking at the AILA Spring CLE Conference in Washington, D.C. on March 26, 2010. 

John continues to speak locally regarding immigration rights:
  • January 19, 2010
  • February 28, 2010
  • March 10, 2010
Myth Busters
MYTH: Most Americans Don't Want Comprehensive Immigration Reform

The economic downturn has a lot of people murmuring that now is not the right time for CIR. But, the opinion polls show otherwise. Before you throw your hands up in defeat when you hear someone repeat this myth, consider responding with these quick mythbusting facts!

FACT: By consistently strong majorities, Americans want a fair, common sense plan to fix our broken immigration system. In 2009, as in previous years, voters want the President and Congress to advance an immigration plan that legalizes the undocumented workforce and requires them to pay taxes; levels the playing field for workers and employers; and restores the rule of law. The same was true in the run-up to the 2008 elections, when swing voters chose candidates who offered practical solutions to the broken immigration system over those who offered just empty rhetoric.

FACT: 71% of Voters Preferred That Illegal Immigrants Become Legal Taxpayers. An overwhelming margin of voters, 71% to 26% believed that illegal immigrants should take steps to become legal taxpayers. 71% of respondents also believe that those illegal immigrants should not be forced to leave and were not responsible for taking American jobs. [America's Voice, Benenson Strategy Group Poll, 5/14/09]

FACT: Majority of Democrats, Republicans, Independents, Moderates, and Conservatives Supported Legalization. The Washington Post polling showed that support for legalization of undocumented immigrants was high despite political affiliation. 70% of liberals, 68% of Democrats, and 59% Republicans and Independents alike supported an amnesty program. [ABC News, 4/30/09]


AILA InfoNet Doc. No. 09061863 (posted Jun. 18, 2009)

LOOKING FOR THE AMERICAN DREAM   
Keeping the American Dream Viable for Immigrants
Millions of people come to the United States in search of "The American Dream," a new life filled with opportunities and freedoms. Unfortunately, what they may not know is that their dreams can be quickly shattered because the advice and assistance they received during the legal process was incorrect.  Read more �


NEW YEAR'S PREDICTIONS
Green Card Applications May Advance in 2010
The DOS projected the movement of employment-based visas for the rest of the fiscal year (until September 30, 2010).  Read more �


HOW TO BE A GOOD VISITOR   
Entering the U.S. or Canada as a Business Visitor
When entering either the U.S. or Canada, there are certain activities that are unacceptable for an individual in a visitor classification.  Read more �


MORE ON WORKSITE ENFORCEMENT 
Recent Results of ICE Worksite Enforcement
U.S. Immigration and Customs Enforcement (ICE) identified I-9 audits as the most important administrative tool in building criminal cases and bringing employers into compliance with the law  Read more �


H-1B Cap Update
The H-1B cap has been reached for Fiscal Year 2010. Therefore, new H-1B petitions cannot be filed again until April 1, 2010 for a start date on or after October 1, 2010. However, the cap does not apply to employers who wish to extend the H-1B classification of current H-1B employees or who wish to hire foreign nationals who already have an H-1B with another employer. The cap also does not apply to higher education institutions and certain non-profit organizations.

If your company would like to file an H-1B petition for Fiscal Year 2011, please contact our office immediately. We would also be happy to discuss other employment options that may be available.   
Courier Billing Options
If your company has a Federal Express or UPS account, we can bill your account directly rather than invoice you later for the charges.  Please contact Naomi Schueller at (414) 342-3000 to discuss options. 
ATTENTION: Worldwide Deployment of DS-160
Beginning April 30, 2010, all individuals applying for a visa abroad must complete the web-based DS-160 nonimmigrant visa application form.  This form will replace the EVAF visa applications currently being used.  However, K visa applicants will continue to use the DS-156 and DS-156K until further notice.  In addition, certain posts must use the DS-160 no later than March 1, 2010.  We will inform you of the appropriate visa application you must complete prior to your visa interview.
Proposal for Increase of Non-Immigrant Visa Application Fees 
The Department of Homeland Security (DHS) is proposing increasing the nonimmigrant visa application processing fees (MRV fee) and Border Crossing Card fees.  The proposed fees will be based on the visa category requested.  We will keep you updated on the progress of this proposal.  
E-Notification from CIS
U.S. Citizenship and Immigration Services now offers E-Notification (e-mail and text messages) for applications and/or petitions filed at USCIS Lockboxes in Chicago, Phoenix and Lewisville, Texas.  The e-notice will provide a receipt number for each form but will not constitute as an official notice, only that it was received.  The official notice is mailed.  To sign up for this service, Form G-1145 must be filed with the application or petition at the time of filing. 
GLG Employer
Compliance Services
  • I-9 Audit / Compliance Review
  • Social Security No-Match Policy
  • Mandatory E-Verify Requirement
  • Worksite Enforcement Policies
  • Pre-hiring, Discrimination and Post-employment Immigration Issues
  • Immigration Hiring and Reimbursement Policies
  • Mergers & Acquisitions Advice
  • H-1B Public Access File Compliance
  • Host an I-9 Webinar for your company
Quick Links
Keeping the American Dream Viable for Immigrants

By Jerry Grzeca and John Sesini

Millions of people come to the United States in search of "The American Dream," a new life filled with opportunities and based on freedom. Fulfilling that dream can be a long and arduous process with many legal hurdles to overcome. Unfortunately, what they may not know is that their dreams can be quickly shattered because the advice and assistance they received during the legal process was incorrect.

"Notarios"- Friend or Foe?

The term notario conveys a vastly different meaning in Latin American countries than in the United States. In Mexico, for example, notarios are keepers of the public record, legal professionals who give up their private practices to oversee and approve articles of incorporation, publicly recorded contracts, transfers of real estate property titles and depositions. They also act as official witnesses for legal transactions such as birth, marriage and death certificates.

In the U.S., however, notarios are not formally trained or qualified legal professionals. Only attorneys licensed in the U.S. can give legal advice because completing the U.S immigration process involves much more than just filling out the forms, it always involves a legal decision.  Advising how to answer complicated immigration process questions in the United States is "practicing law." Notarios can put immigrants at risk because they are not licensed to apply regulations, statutes, and immigration case law to individual matters. Without that ability, notarios can cause significant harm to individuals who seek permanent or temporary legal status.

There appears to be a steady increase in the number of notarios who exploit the trust of immigrants to this country. Some notarios even go so far as to claim to have a special relationship with the United States Citizenship and Immigration Service (USCIS) or Executive Office of Immigration Review. In fact, notarios are not authorized to handle such matters. By providing misinformation to immigrants, their actions have resulted in serious consequences, such as missed deadlines, lost opportunities to obtain legal residency, and ultimately deportation from the U.S. Immigration cases require a deep understanding of a myriad of laws and legal nuances involved in emigrating, and these matters should only be handled by a qualified and knowledgeable licensed legal professional.
 
Taking action in our local communities

The U.S. Department of Justice recently released a warning about notario fraud, and the issue remains on the radar of every state Attorney General's office. Additionally, professional organizations such as the American Immigration Lawyers Association (AILA) and the American Bar Association (ABA) continuously work to educate the immigrant community about the dangers of working with notarios in the U.S. Even though notarios in the U.S. can face harsh penalties for fraudulent practices, the cooperation of these organizations, attorneys and immigrants that have been personally wronged through the unlawful practice of law is imperative for concrete change.

In Southeastern Wisconsin, Grzeca Law Group, www.grzecalaw.com, has developed a community-based educational program designed to dispel common myths surrounding U.S. citizenship, to discuss the proper paths to living and working in the U.S. legally, and to provide vital informational resources on basic immigrant rights. This educational program, "The American Dream: Know Your Immigration Rights," is offered in multiple languages including Spanish, Portuguese, Italian, and English. The program is presented through various community outreach initiatives that include local churches, school-sponsored seminars and forums, and not-for-profit organizations. It is our belief that through this combination of educational and advocacy efforts at the national and local level, immigrants have an improved chance of realizing their American Dream.

For more information about notarios, please visit the ABA at www.abanet.org or AILA at www.aila.org. To file a complaint against a notario in Wisconsin, contact one of the four regional offices for the Department of Agriculture, Trade, and Consumer Protection, visit www.datcp.wi.us for more information.
Green Card Applications May Advance in 2010
 
Surprisingly, the Department of State (DOS) issued an explanation of how it calculates cut off dates for immigrant visas in its January 2010 bulletin.  With the explanation, the DOS projected the movement of employment-based visas for the rest of the fiscal year (until September 30, 2010). 
 
The DOS estimates are the most promising for applicants languishing in the oversubscribed employment-based third (EB-3) category.  The EB-3 category was completely unavailable for about half of last fiscal year.  Currently, according to the January bulletin, EB-3 employees not from China, India, Mexico or the Philippines must have a priority date on or before August 1, 2002, to process their Applications to Register Permanent Residence or Adjust Status (I-485s), the final stage in the green card process.  Based on current demand, that date is expected to move up nearly three years to April through August 2005 by the end of the fiscal year.  In addition, priority dates for applicants from China and India are expected to advance about a year.  Applicants from Mexico and the Philippines may expect to see their priority dates move up approximately two and three years, respectively.
 
The prognosis is less hopeful for applicants in the employment-based second (EB-2) category who are nationals of China and India.  In the January bulletin, EB-2 employees from China must have a priority date on or before May 1, 2005, and applicants from India must have a priority date on or before January 22, 2005, to be "current" and have their I-485s adjudicated.  These dates are only expected to progress a few months, to July through October 2005 for China and February through early March 2005 for India. 
 
Applicants from countries other than China or India in the EB-2 category and all applicants in the employment-based first preference category (EB-1, or priority workers) are expected to remain "current" throughout the rest of the fiscal year.
 
Although immigration lawyers and green card applicants alike appreciate the candor from the Department of State, a five year backlog for most I-485s is not a reasonable wait.  The continued unavailability of green cards keeps discouraging our best and brightest immigrant professionals from seeking permanent residence.  Grzeca Law Group continues to advocate for comprehensive immigration reform that will include more available green cards for foreign doctors, scientists, engineers and other professionals.
 
For more information about green card wait times, please contact Grzeca Law Group.
Entering the U.S. or Canada as a Business Visitor

Many companies need their employees to travel to and from the U.S. and Canada.  Whether the company is based in the U.S. or Canada, the same issues can arise when employees travel as visitors between the two countries.
 
When entering either the U.S. or Canada, there are certain activities that are unacceptable for an individual in a visitor classification.  The "business" authorized by a visitor classification typically includes training, conventions, conferences, consultations and other legitimate activities of a commercial or professional nature.  In addition, this individual must continue to be paid their salary by their employer in their home country.  Performing services (i.e. working) in either the U.S. or Canada is not permissible for an individual who entered the country as a visitor.
 
The visitor classification does permit technical personnel to enter the U.S. or Canada to install or service equipment pursuant to a contract of sale, or to provide after sales service, in some situations.
 
Additionally, if an employee will need to "perform services" while visiting the U.S. or Canada, there are options for obtaining employment authorization on an intermittent basis on behalf of their employer.  U.S. Customs and Border Protection (CBP) and Canada Immigration Officers have been cracking down on business visitors to ensure that they will not be performing services in their country.  Often times, both CBP and Canada Immigration Officers will hassle these business visitors with numerous questions and can ultimately deny them entry into their country if they feel that the individual will be performing services. 
 
If you have any questions regarding acceptable visitor activities, suitable letters from companies regarding these activities or intermittent travel employment authorization, please contact Grzeca Law Group for assistance.
Recent Results of ICE Worksite Enforcement

In April 2009, U.S. Immigration and Customs Enforcement (ICE) issued updated worksite enforcement guidance emphasizing its major enforcement priorities. As part of this strategy, ICE identified I-9 audits as the most important administrative tool in building criminal cases and bringing employers into compliance with the law and specifically noted their interest in employers who cultivate illegal workplaces by breaking the country's laws and knowingly hiring illegal workers.

Audits involve a comprehensive review of I-9s, which employers are required to complete and retain for each individual hired in the United States. I-9 forms require employers to review and record each individual's identity and work eligibility document(s) and determine whether the document(s) reasonably appear to be genuine and related to that specific individual.

Implementation of ICE's new worksite enforcement strategy since April 30 has resulted in the following consequences for employers:

� 45 businesses and 47 individuals have been debarred from participating in federal contracts, compared with debarment of no businesses and one individual during the same period in FY 2008;
� 142 Notices of Intent to Fine (NIF) totaling $15,865,181 were issued by ICE, compared with 32 NIFs totaling $2,355,330 in all of FY 2008;
� 45 Final Orders totaling $798,179 were issued by ICE, compared with 8 Final Orders totaling $196,523 during the same period in FY 2008;
� 1,897 cases were initiated, compared with 605 cases during the same period in FY 2008; and,
� 1,069 I-9 inspections were conducted, compared with 503 I-9 inspections in all of FY 2008.

In July, ICE issued I-9 inspection notices to 654 businesses nationwide in the largest operation of its kind as of that date, part of ICE's effort to audit businesses suspected of using illegal labor, with the following results:

� ICE agents reviewed more than 85,000 Form I-9s and identified more than 14,000 suspect documents - approximately 16 percent of the total number reviewed;
� To date, 61 Notices of Intent to Fine have been issued, resulting in $2,310,255 in fines. In addition, 267 cases are currently being considered for Notices of Intent to Fine; and,
� ICE closed 326 cases after businesses were found to be in compliance with employment laws or after businesses were served with a Warning Notice in expectation of future compliance.

Given ICE's increased emphasis on worksite enforcement, employers would be well-served to conduct self-audits of their I-9 records in order to correct any discrepancies in advance of an ICE audit. Grzeca Law Group is available to conduct such audits and to teach employers' human resources representatives to do the same.
Grzeca Law Group (GLG) is a full-service AV-rated law firm dedicated to providing superior professional service to the immigration community by advising individuals on all aspects of immigration law. GLG works with families with a variety of immigration needs.

Immigration Update has been prepared by Grzeca Law Group, S.C. for informational purposes and does not constitute legal advice.  This information is not intended to create, and receipt of it does not consitute, lawyer-client relationship.  Readers should not act upon this information without seeking advice from professional advisors.