Regarding US Public Health Service clearance, both airlines and US Customs & Border Protection will be on the lookout for individuals who are ill or who have fevers. After you are admitted to the US, if you have recently visited one of the affected areas, and you find you have a fever or other flu-like symptoms, you should telephone your doctor.
USCIS Confirms H-1B Cap Count, the Quota is Still Open for Regular and Advanced Degree Cases
The USCIS (CIS) confirmed that the H-1B quota remains open. About a week ago, CIS issued an update on the count against the H-1B cap, stating that about 43,000 applications were received. This week, CIS confirms that they have received only one-thousand more applications.
“Funny, you don’t LOOK gay.”
Because Romben Law, APC sees many gay men and lesbians at our immigration law offices in Los Angeles, we get inquiries about asylum based on sexual orientation. To get asylum, the applicant must demonstrate to a hearing officer or Immigration Judge (IJ) that s/he would suffer persecution if s/he returned to the home country. The US Tenth Circuit Court of Appeals just issued a decision in the case of Razkane vs. Holder, No. 08-9519 (10th Cir., filed Apr. 21, 2009).
H-1B Cap: When is The Last Day to File? H-1B Lottery Clarification
Many people have been calling our office to ask “when is the last day I can file an H-1B?” The US Citizenship and Immigration Service (USCIS) has clarified how they will determine the “last receipt date” for an H-1B. Initially, the USCIS stated that if a sufficient number of applications were received during the first 2 days of April, USCIS would conduct a random lottery of all H-1B applications filed in the first 5 business days of April, that critical date being April 7, 2009. USCIS was to include all applications filed on or before April 7, 2009 in a random lottery selection process.
However, the USCIS did not receive enough cases to fill the regular H-1B quota by the end of the day on April 7. Therefore H-1B applications are still acceptable until USCIS determines when will be the final date for filing applications. This date is called the “last receipt date.”
USCIS does not announce the “last receipt date” in advance. Instead, USCIS will announce the “last receipt date” after the date passes. Then USCIS will conduct a random lottery of all those cases received on that date.
Labor Certification (PERM) Processing Times
Everyone has noticed how painfully slow labor certification (PERM) cases have become. What was normally about a 45- 60 day adjudication period has now stretched out to 7- 9 months, on average. Last week, the Dept. of Labor (DOL) announced that as of mid-March, they were working on cases that were originally filed in July 2008, and these are cases that were not selected for an audit.
HIV Declaration for B-1 + B-2 Visitor Visas Introduced by State Department
The nonimmigrant visa (B-1 / B-2) rules for HIV-positive people who want to visit the USA have been issued by the US Department of State (DOS). Los Angeles-based immigration law firm Romben Law, APC counsels and represents many HIV-positive persons, and unfortunately, the new nonimmigrant HIV Waiver Authorization puts HIV-positive people in a difficult position.
US immigration law denies entry to the USA to aliens who are HIV-positive. For nonimmigrants who wish to come to the USA as business or touristic visitors, the procedure has been to apply for a waiver under Immigration and Nationality Act (INA) sec. 212(d)(3)(A)(i). This waiver procedure is expensive, time-consuming, and exposes the applicant to possible arbitrary, capricious, or AIDS-phobic decisions of some adjudicating officers.
DOS has put into effect a procedure where the visa officer now has the authority to grant otherwise-visa-qualified HIV-positive applicants a B-1 / B-2 visitor visa, provided the alien signs a declaration (DS-5512) that:
2009 Immigration Poverty Guidelines
Here at Romben Law, APC, we handle many cases for which a “financial sponsor” must submit an I-134 or I-864 Affidavit of Support. These “sponsors” must have resources and income sufficient to meet US government “poverty guidelines.”
Pending Cal. Initiative Strips Citizenship from Native-Born Americans
A Southern California politician and some anti-immigrant activists are seeking to put a measure on the California ballot that would deny a “regular” California birth certificate to children born in the USA, if the parents are unlawfully present in the country. The initiative would also limit the public benefits such citizen-children could receive. The immigration law firm of Romben Law, APC opposes this initiative.
Not only does this cynical, divisive initiative cripple the State’s ability to look after all the children who reside in California, but the change it proposes violates the US Constitution. Do not let a radical right-wing measure create second-class citizens!
Please contact your friends and family and urge them to oppose this mean-spirited and unconstitutional measure.
TSA to Start “Secure Flight” Screening of Air Passengers
Many of Romben Law, APC’s immigration law clients travel frequently — domestically and internationally. Passengers, whether in Los Angeles or elsewhere, will begin to notice the “Secure Flight” screening. Airlines will input traveler information so that the Transportation Security Administration (TSA) can screen each person. Airlines will begin asking not only for name, but now also date of birth and gender. TSA will match these names against the no-fly and other watch lists.
Visiting Cuba
The Obama Administration announced a change in policy that will loosen US restrictions on Americans who wish to travel to Cuba. The immigration law firm of Romben Law, APC represents a number of Cubans and others in the Los Angeles area who have asked whether it is now possible to visit Cuba.