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February 2012 Newsletter
 
In this Issue
Government Hopes to Attract Highly Skilled Immigrants With Proposed Changes to H-1B and F-1 Visas
Board of Immigration Appeals Rules Postoperative Transsexual Married to U.S. Citizen Should Receive Immigration Benefits
Restaurant of the Month: Sakaya Kitchen
What to Expect During an ICE I-9 Immigration Audit
Report Shows Dramatic Increase in L-1 and H-1B Visa Denials
Visa Bulletin Update

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65,000 H-1B visas will become available on April 1, 2012 for an employment start date of October 1, 2012   

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Sakaya Kitchen  

125 SE 3rd Ave.  

Miami, FL  33131

    Tel: (305) 371-2511     

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Jacob L. Ratzan, P.A.

150 SE 2nd Ave.,  

Suite 701

Miami, FL 33131

Tel: 786-406-1744

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[email protected]

www.ratzanlaw.com 

 

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Happy Leap Day!  We are excited to present our February 2012 newsletter, which includes articles on the U.S. government's inconsistent approach to business immigration - proposing a new rule to attract highly skilled immigrants while denying record levels of H-1B and L-1 visas.  If you own a business, you'll want to read about what to expect during an ICE immigration audit.  This issue also includes an article on a Board of Immigration Appeals ruling relating to  a postoperative transsexual.      

   

Of course, you will also find our monthly Visa Bulletin update and Restaurant of the Month, Sakaya Kitchen, unique, casual, and tasty Asian cuisine in downtown Miami and the Design District (and wherever the truck may be).          

 

Enjoy! 

 

The Ratzanlaw Team

 

 

   

Government Hopes to Attract Highly Skilled Immigrants With Proposed Changes to H-1B and F-1 Visas

    

The Department of Homeland Security (DHS) has proposed some changes to the H-1B and F-1 visas in order to attract more highly skilled immigrants and spur growth in the economy.

  

If the DHS proposed rule passes, spouses of certain H-1B workers will be authorized to work in the U.S. Specifically, an H-4 dependent would be able to obtain work authorization if his or her spouse - the primary H-1B holder - has begun the process of applying for adjustment of status (green card). 


The proposal also expands certain F-1 international student's eligibility of 17-months extension of optional practical training (OPT).  Presently, an F-1 student is eligible for 12-months OPT after graduation; those with a degree in science, technology, engineering or mathematics fields (STEM), may obtain a 17-month extension on their OPT if the degree they were conferred was included in the DHS list of eligible STEM degree programs. The proposal would permit F-1 students who have a prior degree in one of the STEM subjects to obtain a 17-month extension of their OPT, even if the degree
... click here to read more.  
 
 
 

  

 

    

Board of Immigration Appeals Rules Postoperative Transsexual Married to U.S. Citizen Should Receive Immigration Benefits

 

The Board of Immigration Appeals (BIA) has ruled in a recent decision that a marriage between a postoperative transsexual and a U.S. citizen of the opposite sex could receive immigration benefits.  

 

The beneficiary, who was not named, was born a male in Thailand.  In 2002, the beneficiary had sexual reassignment surgery to become a female. In 2008, she married a male U.S. citizen in California, who later filed a visa petition on the beneficiary's behalf.  The U.S. Citizenship and Immigration Services ("USCIS") Field Office Director denied the petition.  The Field Office Director stated their marriage was not a "monogamous, heterosexual marriage."  USCIS, a federal agency, follows the Defense of Marriage Act, and will not currently approve any petitions filed by homosexual U.S. citizens on behalf of their same-sex spouses, even if their marriage is legally recognized under state law.   


The issue in the BIA case was not that a postoperative transsexual married to the person of the opposite sex cannot receive any benefits.  Rather, postoperative transsexuals are deemed by USCIS to assume the postoperative gender, and are permitted to obtain immigration benefits as immediate relatives of their U.S. citizen spouses of the opposite sex.  The issue was that Thailand would not issue the beneficiary a new birth certificate ... 
click here to read more.   
 

 

 

          

      

  Restaurant of the Month: Sakaya Kitchen     

 

Tasty New Asian Fusion:   

Go There or Follow the Truck   

 

Are you bored with your daily salad for lunch? Are you looking for something more interesting than your turkey sandwich with lettuce and tomatoes? Well, there's nothing boring about Sakaya Kitchen, where chef Richard Hales offers New Asian Fusion cuisine with a "no frills" and socially conscious approach.    

 

Sakaya's "New Asian Fusion" menu includes Pork Belly Bao Buns with Chili Sauce, Ginger Brussel Sprouts, Angus Beel "Kalbi" Short Rib Tacos, the Cracklin' Duck Herb Sandwich, Orange/Honey-Glazed Ribs, Spicy Chicken Wings, and Ginger Garlic Chicken Breast with Brown Rice and Mixed Salad, just to name a few! Sakaya was named by bonappetit.com as one of the top 6 restaurants in the country for New Asian Fusion.  

 

Sakaya Kitchen's flagship restaurant opened two years ago in Midtown Miami. But they just recently expanded with a second location in downtown Miami. While its two fixed locations are relatively easy to find, it takes a little more effort to know the whereabouts of the Sakaya Kitchen food truck. Named the "Dim Ssam a gogo" or DSAGG, it was awarded "Best Food Truck, Miami 2011" by Miami New Times during the height of last year's food truck craze. Perhaps the best way to know DSAGG's whereabouts is to follow it on twitter: http://twitter.com/#!/sakayakitchen.

 
 

  

  

  

  

           

     

What to Expect During an ICE I-9 Immigration Audit 

  

Immigration and Customs Enforcement (ICE) is the main investigative agency of the Department of Homeland Security (DHS) and the agency that audits businesses to ensure they are not violating any immigration laws.  In fiscal year 2011, ICE conducted 3,000 I-9 audits on businesses, 800 more than the year before. Immigration audits of a business generally fall into one of the following three categories: (1) random audits - usually in industries that are known to employ unauthorized workers; (2) lead-driven investigations - triggered after a complaint from an unhappy employee or competitor; and (3) tips from other federal or state agencies, such as the Department of Labor (DOL) Wage and Hour Division or the IRS.   

 

The business is notified at least three days before an inspection  occurs.  ICE issues the business a Notice of Inspection (NOI) along with a subpoena for business documents.  ICE specially looks for I-9 paperwork violations, the hiring of undocumented workers, and other criminal violations when auditing a business. 

 

After issuing the NOI, ICE will meet with the employer and its human resources representative to talk about the employer's duties under immigration law.  However, ICE may also use the meeting as an attempt to ... click here to read more.  

 

 

  

  

  

  

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Report Shows Dramatic Increase in L-1 and H-1B Visa Denials         

According to a new report from the National Foundation for American Policy (NFAP), the denial rates of L-1 and H-1B visas have increased dramatically from 2007 to 2011.  Not only are the denial rates increasing in general but most of the denials involve Indian-born workers.  If the denials are not stopping companies from using these visas, then the dramatic increase in Requests for Evidence (RFE) are definitely doing the job, states the report.

 

U.S Citizenship and Immigration Services (USCIS) adjudicators delayed or denied 63 percent to 90 percent of all L-1B petitions filed in 2011.  The L-1B visa is used to transfer employees with specialized knowledge into the United States.  In contrast, only 7 percent of L-1B visas were denied in 2007. 

 

Denial rates for L-1A petitions, used to transfer executive and managers into the United States, also rose.  In 2011, 14 percent of such applications were denied, while only 8 percent were denied in 2007. 

 

In regards to the H-1B visa, reserved for foreign nationals of specialty occupations, 17 percent were denied in 2011, showing an increase from an 11 percent denial rate in 2007. 

 

Besides the increase in ultimate denials, the adjudication of petitions are also getting delayed with the increase in RFEs, which ... click here to read more

 

 

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Visa Bulletin Update: March 2012 

 

EB-2 Advances Another 4 Months     

 

The Department of State (DOS) has released the March 2012 Visa Bulletin, showing immigrant visa (i.e. green card) availability for March 2012.  The EB-2 category (Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability) will see a large slump from February's big jump in the cut-off date. 

 

Back in March 2011, the DOS announced the EB-2 category would advance rapidly due to the sharp drop in demand for EB-1 visas (Priority Workers).  We might see the end of this trend as the cut-off date only jumped 4 months to May 1, 2010 down from the yearlong jump that happened in February.  All other countries stayed current in the EB-2 category.

 

There continues to be some movement in the EB-3 category for professional and skilled workers.  The cut-off date for all countries except China and India will advance 3 weeks to March 15, 2006.  China will advance 1 month to January 1, 2005.  India will advance 1 week to August 22, 2002.

 

For the EB-3 subcategory for unskilled workers all countries except China and India will advance 3 weeks to March 15, 2006.  China's cut-off date will not move for the fifth straight month and stay at April 22, 2003.  India's cut-off date will advance 1 week to August 22, 2002. 

 

The Family categories will pick up a bit more in February than in January.

In the F-1 category (unmarried Adult Sons and Daughters of U.S. Citizens), all countries except Mexico and the Philippines will advance...click here to read more. 

  

  

 

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.