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Foreign national investors from countries that have treaties of commerce with the United States can apply for E-2 Treaty Investor visas |
RESTAURANT OF THE MONTH
1580 Washington Ave., Miami Beach, FL 33139 (305) 532-8880 |
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Greetings!     
Welcome to our June 2011 Newsletter! This month's issue features articles on the compelling immigrant story of Pulitzer Prize winner Jose Antonio Vargas, DHS and the Defense of Marriage Act, a Brookings Report indicating immigrants in the U.S. are often skilled and educated, the new prosecutorial discretion memos from ICE, and our monthly H-1B and Visa Bulletin updates.
Our Restaurant of the Month is Chalan on the Beach, a Washington Avenue mainstay serving Peruvian cuisine that will make your palate dance.
Enjoy!
The Ratzanlaw Team
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Award Winning Journalist Reveals He is an Undocumented Immigrant
It must have been a surprise for those who buy into the myth that the country's undocumented immigrants are uneducated and do not contribute to society when a Pulitzer Prize winning journalist recently revealed that he is an undocumented immigrant.
Jose Antonio Vargas was put on a plane and flew from the Philippines to Mountain View, CA when he was only 12 years old to live with his grandparents. Vargas writes about his journey from leaving his mother behind in the Philippines to becoming an awarding winning journalist in his piece in The New York Times Magazine.
Vargas did not become aware of his status until he was 16 when he rode his bike to the DMV to get a driver license. As Vargas writes, "When I handed the clerk my green card as proof of U.S. residency, she flipped it around, examining it. 'This is fake,' she whispered. 'Don't come back here again.'"
Vargas' grandfather subsequently explained he had purchased the green card along with other fake documents. His grandfather believed the fake documents would be enough to keep him safe until he married ... click here to read more.
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Immigration Agencies to Continue Enforcing the Defense of Marriage Act (DOMA)
New York may have legalized same-sex marriage last week and President Obama may believe homosexuals should have the same rights as heterosexuals, but the Department of Homeland Security (DHS) is still committed to enforcing the Defense of Marriage Act (DOMA).
In April, the American Immigration Lawyers Association (AILA) along with 81 other organizations wrote to U.S. Citizenship and Immigration Services (USCIS) and U.S. Immigration and Customs Enforcement (ICE) requesting specific action pending a resolution regarding DOMA. In February 2011, Attorney General Eric Holder announced the Obama administration will no longer defend the constitutionality of Section 3 of DOMA, defining marriage as a union between a man and a woman. However, the Obama administration vowed to continue to execute the laws, implying it would still deny green card applications filed by homosexual foreign nationals based on marriage to a U.S. citizen.
Kelly Ryan, the Acting Deputy Assistant Secretary For Policy at DHS, responded to the letter writing that "until DOMA is repealed or struck down, the components of the Department of Homeland Security are continuing to enforce DOMA." However, Ryan writes that USCIS and ICE will continue to exercise discretion ... click here to read more.
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Restaurant of the Month: El Chalan on the Beach
A Peruvian Mainstay
Through immigration to its own country, Peru has developed perhaps the most interesting and sophisticated cuisine in all of Latin America. Peruvian food is influenced by immigrants to Peru from Spain, China, Italy, West Africa, and Japan. Here in the United States, our palates can be grateful that many Peruvians have immigrated to our country.
The wonderfully dynamic Peruvian dining experience is embodied by Chalan on the Beach, located at 1580 Washington Avenue on Miami Beach. The ambiance is not fancy, but the art depicting scenes of the Peruvian countryside provides an authentic feel.
In the end, however, Chalan is all about the food. The extensive menu lists dozens of typical Peruvian dishes, akin to a menu at a Chinese restaurant. To drink, Chalan offers Chicha Morada or "Purple Corn Drink," a sweet beverage similar to grape juice but with a notable corn flavor. And of course there is the ceviche, which is delightful. Chalan's Fish Ceviche is marinated in lime juice with ginger, garlic, cilantro, and thinly sliced onions served inside a gutted head of lettuce and accompanied by large pieces of corn, sweet potato and corn nuts. Another popular and Peruvian standard is "lomo saltado," a stir fry dish containing seasoned sliced beef served with onion, tomatoes, French fries, and white rice. Finally, the dessert menu includes delectable Alfajores, cookie sandwich confections with powdered sugar and dulce de leche.
It is no mystery as to why Chalan on the Beach has been around for 16 years and its parent restaurant in West Miami for 26 years. If Peruvian food remains a mystery to you, Chalan is a tasty place to demystify.
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New Report Defies Perception of Immigrants as Uneducated and Unskilled Workers
Despite popular stereotypes of immigrants in the United States being unskilled and uneducated, recent findings show that this perception is far from the truth. According to a new report, the skill levels of immigrants has shifted significantly in the past 30 years. Today, the percentage of high-skilled immigrants is greater than the percentage of low-skilled immigrants in metropolitan areas in the United States. The Brookings Institution reports in The Geography of Immigrants Skills: Educational Profiles of Metropolitan Areas that in 1980, only 19 percent of working-age immigrants in the United States had a college degree, while nearly 40 percent lacked a high-school diploma. However, these numbers changed by 2010, when 30 percent of working-age immigrants had at least a college degree and 28 percent did not have a high school diploma. Immigrants' skill levels vary by metropolitan area. According to the report, immigrants living in places with low levels of immigration, such as Detroit, or places with a recent rise in immigration, such as Philadelphia, tend ... click here to read more.
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ICE Provides Hope it Will Use Prosecutorial Discretion in Favor of Immigrants Facing Deportation
On June 17, 2011, U.S. Immigration and Customs Enforcement (ICE) Director John Morton issued two memoranda regarding the exercise of prosecutorial discretion by ICE personnel. The first memorandum encourages ICE personnel to exercise prosecutorial discretion in a manner that conforms to the agency's immigration enforcement priorities. The second memorandum addresses the exercise of prosecutorial discretion in removal cases involving victims and witnesses of crime, including domestic violence (VAWA and U visa cases), and individuals involved in non-frivolous efforts related to the protection of their civil rights and liberties. Prosecutorial discretion is the authority of a law enforcement agency to decide to what degree to enforce the law against a particular person. In the world of immigration enforcement, prosecutorial discretion includes: deciding to issue or cancel a notice of detainer; deciding whom to stop, question or arrest for an administrative violation; deciding to issue, serve, file or cancel a Notice to Appear ... click here to read more.
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H-1B Cap Count
Visas Available For Professional Positions
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Cap Type
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Cap Amount
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Petitions Filed
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Date of Last Count
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H-1B Regular Cap
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65,000
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16,300
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6/17/2011
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H-1B Master's Exemption
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20,000
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10,800
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6/17/2011
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As of June 17, 2011, U.S. Citizenship and Immigration Services (USCIS) has receipted 16,300 cap-subject H-1B petitions toward the cap of 65,000 for Fiscal Year (FY) 2012. In addition, USCIS has receipted 10,800 petitions toward the Masters exemption of 20,000.
This marks an increase by 2,700 in cap-subject H-1B petitions and 1,500 Masters exemption petitions filed since the USCIS update on June 1, 2011. The current number shown for "Petitions Filed" reflects...click here to read more.
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Visa Bulletin Update: July 2011
India and China EB-2 Numbers Continue to Advance; Significant Advancement for Spouses and Children of Lawful Permanent Residents
The Department of State (DOS) has released the July 2011 Visa Bulletin, showing immigrant visa (i.e. green card) availability for July 2011. As the DOS predicted earlier, the EB-2 category (Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability) for China and India has continued to advance by almost five months. In March, the DOS announced that advancement in EB-2 is due to the sharp drop in demand for EB-1 visas (Priority Workers). The DOS has dropped those unused visas to the EB-2 category. In July 2011, the cut-off date in the EB-2 category for China and India will advance from October 15, 2006 to March 8, 2007.
Most importantly, July will bring forth a significant advancement in the EB-3 subcategory for unskilled workers where the cut-off date will advance one full year. For all areas except China and India the priority date for unskilled workers will move from November 8, 2003 to November 22, 2004. The priority date for China will remain at April 22, 2003, and India will advance only one week to May 1, 2002.
In addition, advancement continues in the EB-3 subcategory for ... click here to read more.
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Disclaimer: The information provided in this newsletter is offered purely for informational purposes. It is not intended to create or promote an attorney-client relationship, and does not constitute and should not be relied upon as legal advice. We intend to make every attempt to keep this information current. We do not promise or guarantee, however, that the information is correct, complete or up-to-date, and readers should not act based upon this information without seeking professional counsel from a licensed attorney. Transmission of information from this newsletter is not intended to create, and its receipt does not constitute, an attorney-client relationship with Jacob L. Ratzan, P.A. or any of its individual attorneys or personnel.
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