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A foreign national business owner can obtain a "new office" L-1 visa by opening up a U.S. office
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RESTAURANT OF THE MONTH
1116 Lincoln Rd. Miami Beach, FL 33139 (305) 538-1116 |
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Greetings!     
Welcome to our August 2011 Newsletter! In this special issue, we focus on the new immigration policy announced by the Obama Administration, how it may affect gay couples, how it has already helped two undocumented teenagers, and an immigration lawyers advisory on the scope of the policy and the need for undocumented immigrants to beware of notarios.
This issue also includes our monthly H-1B and Visa Bulletin updates, and our Restaurant of the Month, Baires Grille, an Argentine steakhouse on Lincoln Road bringing elegance and mouth-watering steaks to Miami Beach.
Enjoy!
The Ratzanlaw Team
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Obama Immigration Policy May Lead to Work Authorization for Individuals in Deportation Proceedings
The Obama administration may have reached a record high with its number of deportations, but its new deportation review policy may provide substantial relief for individuals currently in deportation proceedings. The Department of Homeland Security (DHS) and the Department of Justice (DOJ) will be reviewing all 300,000 pending deportation cases in federal immigration courts to determine whether they are "low priority" or "high priority." Once a case is determined to be low priority, it may be eligible for administrative closure. The Obama administration has stated that once the case is administratively closed, the individual in deportation proceedings may be eligible to apply for employment authorization. The goal of the administration is to deal with the immigration court backlog and to focus its limited resources where they are needed most. In determining whether a case merits a "low priority" designation, Immigration and Customs Enforcement (ICE) will likely use as a guide the June 17, 2011 memo from ICE Director John Morton. In the memo, Director Morton instructs ICE employees (including deportation officers and attorneys) to consider several factors when determining whether to favorably exercise discretion, including, but not limited to, whether the individual is: a minor; elderly; pregnant or nursing a newborn baby; a veteran; a victim of a serious crime; a high school ... click here to read more.
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Does New Immigration Policy Bode Well for Gay Immigrant Couples?
Same-sex marriage advocates are hoping that the Obama Administration's new deportation review policy, which could provide substantial relief for individuals in deportation proceedings, will help same-sex couples where one partner might be an undocumented immigrant.
The Department of Homeland Security (DHS) will be partnering with the Department of Justice (DOJ) to review all 300,000 pending deportation cases in federal immigration courts to determine which cases are "low priority" or "high priority." The review policy is intended to deal with the immigration court backlog along with focusing immigration enforcement resources on individuals that pose a threat to national security or public safety instead of those who don't have a criminal record.
Gay marriage advocates are hoping this new policy will bring an end to what has been a roller coaster for same-sex couples facing deportation. The biggest legal hurdle for gay immigrant couples is the Defense of Marriage Act (DOMA), which is a federal law that defines marriage as ... click here to read more.
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Restaurant of the Month: Baires Grill
Argentinean Steakhouse
With all of the Latin flavors that Miami offers, perhaps nothing makes the mouth water like an Argentinean skirt steak. And why not enjoy it in an elegant Argentinean Steak House like Baires Grill?
Owners Marcelo Ferreiros and Ricky Alietti, both from Argentina, opened up Baires Grill in 1999 to bring the delectable tastes of their home country to Miami. Located at 1116 Lincoln Rd. (right next to the Regal Cinema South Beach), Baires Grill offers a variety of Argentinean dishes and delicious wine. As Mr. Ferreiros puts it:"That's exactly what Baires Grill delivers; traditional Argentine cuisine and good service in charming surroundings. We established Baires because as Argentines in Miami ourselves, we couldn't find a place to get real quality, authentic Argentine food."
The menu includes food for everybody, carnivores and vegetarians alike. For starters, Baires holds true to Argentina with the standard "Provoleta," grilled provolone cheese (who doesn't like cheese?). An extensive salad list includes a Pear Salad, with a poached bosc pear stuffed with gorgonzola mousse, baby greens, and walnuts with honey-chardonnay vinaigrette.
As for the meats, the Angus skirt steak is a "can't miss." The long strip of tender, juicy steak will make your taste buds do jumping jacks. If you want the true Argentinean experience, the "Parrillada" is the way to go. Get a partner in crime (it's for 2) and enjoy the heart combination of skirt steak, flap steak, short ribs, sweetbreads, sausage, and blood sausage. If you're in the mood for fish, the Chilean sea bass - light, flakey, and melts in your mouth - is just how you dream it should be. To accompany your main course, Baires offers several sides, such as French fries, mashed potatoes, mashed squash, and grilled asparagus.
If you're looking to impress a date, a friend, or a family member with a nice meal, go to Baires Grill for a classy and succulent taste of Argentina. And, after the meal, don't forget to sign up for tango lessons to work it off!
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Teenagers Released From Detention Center After President Announces New Deportation Policy
Two undocumented immigrants facing deportation were released from a detention center in the wake of the Obama Administration's announcement of a new deportation review policy.
On Tuesday night, Luis "Ricky" Hernandez, 18, and Pedro Morales, 19, were released from Stewart Detention Center in South Georgia, and their cases dismissed. Immigration and Customs Enforcement (ICE) stopped deportation proceedings against the two teenagers because they met some of the criteria the Obama Administration defines as "low priority" cases. Both individuals were brought to the United States at a young age, they were educated here, and they had not committed any crimes.
Guidelines were released last week by the Department of Homeland Security (DHS) and Department of Justice (DOJ), announcing they would review about 300,000 pending deportation cases in federal immigration courts to determine whether they are "low priority" or "high priority." If a case is administratively closed due to being "low priority," the individual may be eligible to apply for employment authorization. The new policy is intended to clear up the immigration backlog and focus enforcement resources on individuals that are a threat to national security and public safety.
ICE is "focused on smart, effective immigration enforcement that prioritizes the removal of criminal aliens, recent border crossers and egregious immigration law violators, such as those who have been previously removed from the U.S.," said the DHS in a statement Tuesday evening. "The agency exercises prosecutorial discretion, on a case-by-case basis, as necessary to focus resources on these priorities."
Hernandez and Morales were both arrested during traffic stops ... click here to read more.
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Immigration Lawyers Association Clears Up Misinformation On New Deportation Review Policy
The Obama Administration's new deportation review policy has caught the attention of the entire country, and has also caused much confusion. In order to protect and properly inform immigrants, the American Immigration Lawyers Association (AILA) released a consumer advisory outlining what the new policy entails, and warning immigrants of the myths surrounding it.
With the country's broken immigration system, many immigrants have mistakenly, or perhaps optimistically, read the new deportation policy as a magic bullet to all of the country's immigration problems. However, as AILA clearly states in their warning: "The Obama administration's announcement is NOT an amnesty, it is NOT about granting legal status, and is NOT something that you can sign up for! This is a temporary decision not to use limited government resources to deport low priority individuals."
Not only is the policy a temporary decision, it is also narrowly focused on only the 300,000 cases already pending before immigration courts. AILA warns undocumented immigrants that turning themselves in to authorities can still get them arrested, detained and possibly deported. In addition, immigrants should stray from anyone who says they can guarantee their case will be determined as low priority. Only immigration officials ... 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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25,300
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8/12/2011
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H-1B Master's Exemption
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20,000
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14,700
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8/12/2011
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As of August 12, 2011, U.S. Citizenship and Immigration Services (USCIS) has receipted 25,300 cap-subject H-1B petitions toward the cap of 65,000 for Fiscal Year (FY) 2012. In addition, USCIS has receipted 14,700 petitions toward the Masters exemption of 20,000.
This marks an increase by 2,600 in cap-subject H-1B petitions and 900 Masters exemption petitions filed since the last update on July 29, 2011. The current number shown for petitions filed reflects petitions that have been approved or are still pending.
The H-1B program allows U.S. businesses to hire foreign workers to fill "specialty occupations," such as ... click here to read more.
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Visa Bulletin Update: September 2011
Worldwide F-2A Category Advances to December 1, 2008
The Department of State (DOS) has released the September 2011 Visa Bulletin, showing immigrant visa (i.e. green card) availability for September 2011. Movement in the EB-2 category (Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability) has come to a halt after months of fast advancement for China and India. Instead, this month's Visa Bulletin shows the most movement in the Family categories.
The biggest advancement for September will occur in the F-1 category (Unmarried Adult Sons and Daughters of U.S. Citizens) in the Philippines where the cut-off date will move six months and 17 days to November 1, 1996. Mexico will advance a week to March 15, 1993. All other countries will stay at May 1, 2004, where it has been for the last two months.
Visas in the F-2A category (Spouse/Children of Lawful Permanent Residents) will continue with last month's trend of advancing over four months in the Worldwide category (all countries except those specifically listed on the bulletin), China, India and the Philippines to December 1, 2008. Mexico's cut-off date will advance three months and three weeks to September 22, 2008.
Unlike last month there will also be some movement in the F-2B category (unmarried Sons and Daughter of 21 years of age or older). The ... 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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