The Startup Visa: Create Jobs, Get A Green Card

A bill introduced today in the Senate by Democrat John Kerry and Republican Richard Lugar proposes a new type of visa for immigrants who create startups and jobs in the U.S. A similar proposal is part of an immigration reform bill in the House. The Startup Visa Act of 2010 would create a two year visa for immigrant entrepreneurs who are able to raise a minimum of $250,000, with $100,000 coming from a qualified U.S. angel or venture investor. After two years, if the immigrant entrepreneur is able to create five or more jobs (not including their children or spouse), attract an additional $1 million in investment, or produce $1 million in revenues, he or she will become a legal resident.The bill would carve out a new “EB-6″ class of visas from the existing “EB-5″ class of visas which has a higher threshold for becoming a legal resident. So it’s not really that radical. The EB-5 requires immigrants to invest at least $1 million in the U.S. and employ ten people.

Read the full story on the Washington Post

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• StartUp Visa Act Introduced By Senators Kerry and Lugar (feld.com)
• The Startup Visa: Create Jobs, Get A Green Card (techcrunch.com)
• Startup Visa (eveningwalk.blogspot.com)

Many H-1B workers get temporary jobs, study finds

Many employers sponsor H-1B holders to have them fill temporary posts, not to become full-time residents of the U.S., according to a study released last week by the Economic Policy Institute, a Washington-based nonprofit think tank.

The differences in the ways companies use H-1B visas can be stark, according to the study, which was authored by Ron Hira, an associate professor of public policy at the Rochester Institute of Technology and a longtime critic of the H-1B visa program.

The study was called misleading by a spokesman for Compete America, a coalition of vendors, universities and other sponsors of H-1B visa holders. Spokesman Eric Thomas in particular questioned the use of L-1 visa data in the study. The L-1 visa is used by multinational companies for intracompany transfers. “That’s how the system was designed, and that’s how it’s working. Lumping different visa categories into one bucket is a clear attempt to skew the data,” he said.

Hira argues that visa rules put most of the power to control H-1B workers in the hands of employers. Visa workers can “switch jobs in very limited circumstances, and their employer can revoke the visa at any time by terminating their employment, forcing the worker out of status with immigration authorities. If employment is terminated, the worker must leave the country immediately,” the study said.

Eleanor Pelta, first vice president of the American Immigration Lawyers Association, was critical of Hira’s assessment of the role that H-1B workers play in the workforce and noted that visa proponents are hoping that Congress reforms the current rules. Such reforms, expected in a comprehensive immigration bill, could make it easier for highly skilled workers to get permanent residency.

Citing the multiyear backlog in green card applications, Pelta said that she doesn’t believe visa holders should come to the US “and then wait 10 to 15 years for a green card; I think that is really bad for the economy.”

Read the full story on Computer World

Naturalization Update

Never has there been a better time for eligible applicants to Naturalize and become U.S. Citizens. Recent Naturalization cases successfully accomplished by Reeves and Associates show a timeframe of about 3-8 months in most cases.

In a surprising Press Release announcement dated January 28, 2010, USCIS stated that there are nearly 3.5 million Legal Permanent Residents (Green Card Holders) in the State of California. According to USCIS, 2.5 million of these legal permanent residents are currently eligible to naturalize and become U.S. Citizens.

Source: Rreeves

Immigration laws quash many dreams

UNDER CURRENT U.S. immigration law, there are three primary ways to gain legal entry into the country other than for a limited stay as a tourist.

• The first is through the annual “green card diversity lottery,” held each year by the Department of Homeland Security, for citizens of countries that have “low rates of immigration” to the United States. Millions of people from specified countries around the world apply to take part in the lottery, but only 50,000 green cards are made available through the process. Each participant in the lottery is issued a number, the government draws about 150,000 numbers, and the people with those numbers then are allowed to apply for one of the 50,000 slots.

• The second way to gain legal entry is to be a spouse, sibling, child or parent of an American citizen or the spouse or minor child of someone who holds a green card and is willing to sponsor your entrance into the United States.

• The third is through an employer, who must complete a lengthy application process that requires proof that the has a unique skill necessary to the business.

THERE ARE other provisions of immigration law that allow people who are seeking asylum to gain legal entry into the country, but being granted asylum is an extraordinarily difficult process.

An additional number of other immigrants are admitted each year under temporary work permits and student visas, however those visas generally do not permit conversion to immigrant status, and they require the holder to leave after a specified length of stay.

And then there is the “S” visa. Essentially a free pass, the visa is awarded only to those who work for law enforcement and must be applied for by law-enforcement officials. The Mayas say immigration officials promised them the “S” visa, but then reneged.

According to immigration officials, only 250 “S” visas are available each year, and fewer than 60 were awarded in 2009.

CONGRESS last year set immigration visa limits at 700,000 for employment and family preferences, excluding refugees and those entering the country on temporary work or student visas.

In 2008, the total number of immigrants admitted to the country (excluding refugees and those on temporary non-tourist visas) tallied just under 750,000.

Source: Daily Free Man

U.S.-Canadian marriage costly for couple

Newlyweds Matt and Heather Lopresto knew that every marriage has its ups and downs; they didn’t know that living together would be so difficult.

Matt, originally from Corning and now living in Rochester, is a U.S. citizen. Heather, who met her husband in 2005 when both were students at the Elim Bible Institute in Lima, is from Hamilton, Ontario, and a Canadian citizen. They thought that once they were married, it would be simple for Heather to get her “green card” and live and work legally here with Matt until they have enough money to finish their degrees and start the family they both want.
For more than a year, they had traveled back and forth to Canada without incident until June 26 (the day before the wedding at the Royal Botanical Gardens in Burlington) when Matt told the Canadian border guards that marriage was the reason for his visit.

“I was turned away at the border,” Matt says. “I had to prove I had a means of departing and that I would return.” He hurried back to Rochester, got a letter from his boss indicating that he has a job, made a copy of his apartment lease, and purchased a return airplane ticket (even though he planned to drive home). He stayed in Canada as a visitor for several weeks before coming home to Rochester, but that’s when the couple realized living together would not be as simple as they hoped.

The U.S. and Canadian governments want to be certain that a marriage between citizens of their countries is legitimate, that the citizen spouse can support the non-citizen, and that the newcomer will not need public assistance, says Rochester lawyer Margaret Catillaz, an expert in immigration law.

Since Heather and Matt were married, both their passports have been flagged and when they visit, they are always detained for questioning. Even though she’s done nothing wrong, Heather said during a recent visit, she always feels as if she’s in trouble.

Matt and Heather just want to be together.

And money is the only thing standing in their way. It costs up to $2,000 to apply for legal resident status and complete the required procedures. And right now, neither Matt and Heather, nor their families, have the money. Heather is unemployed and Matt washes windows and cleans gutters. Rent, car payments, food — that’s all they can afford.

Read the full story on Democrat and Chronicle

Green Card Through Marriage

You do not have to use a lawyer to apply for a green card through marriage. Easygration offers you a better option!

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Easygration offers you an even better option than paying these fees or spending lots of time learning all the legal jargon and studying the different forms. Since we are not lawyers, but experts on green card through marriage, we do not charge hefty legal fees, and since we review every case and only take green card cases that do not require a lawyer, you can feel rest assured that you are in good hands.

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Immigrants take vows to stay here

Federal agents used old-fashioned detective work to prove that a professional couple from Ghana was trying to dodge immigration laws when they dissolved their marriage and wed U.S. citizens.

According to court documents, immigration agents placed the couple’s Blacklick house under surveillance, interviewed their next-door neighbors and sorted through trash bags taken from their curbside refuse container.

The agents collected enough evidence to establish that Kwadwo Asante and Lilian Asante were living as husband and wife but had entered sham marriages with others in hopes of gaining permanent residency in the United States.

Both pleaded guilty and were sentenced yesterday to two years on probation. An immigration judge is expected to deport them.

The tactics used by agents in the case aren’t typical, said a Columbus immigration lawyer, but they illustrate the extremes to which officials will go to investigate the validity of marriages between citizen and noncitizens.

“The truth is, if the government suspects that a marriage isn’t bona fide, they’ll investigate mightily,” said Kenneth J. Robinson.

Federal law is clear: Any individual who “knowingly enters into a marriage for the purpose of evading any immigration law” faces up to five years in prison and a $250,000 fine.

The notion that marriage to a citizen is a simple path to a green card visa granting permanent residency is a common misconception, said Dennis Muchnicki, a Dublin-based immigration lawyer. “People think the process is easy, but it’s no walk in the park,” he said.

The couple must file forms with immigration officials asking the government to formally recognize the relationship and grant the noncitizen permanent residency.

The process can take five to seven months, requires exhaustive documentation and includes an interview with an immigration official who separates the couple and asks personal questions, such as where they put their dirty clothes and which side of the bed each sleeps on.

The filing fees for a green card visa cost $1,365. Couples who hire a lawyer to assist them with the process can expect to pay an additional $1,000 to $2,000, Robinson said.

The process isn’t open to all noncitizens. Those who scramble across the border without passing through inspection checkpoints aren’t eligible to gain residency through marriage.

Those who enter the U.S. through customs with fraudulent documents can seek residency through marriage, but the bureaucratic hurdles are significant.

“The majority of those who gain residency benefits through marriage entered the country lawfully,” Robinson said.

Most often, they came to the United States with temporary work or student visas. That was the path taken by the Asantes. Lilian Asante came to attend law school at Ohio State University. Kwadwo Asante was attending Case Western Reserve University’s MBA program.

“When people come here legally from the proverbial Third World countries with a student visa and realize everything this country has to offer, a lot of them don’t want to go back,” said Daniel A. Brown, an assistant U.S. attorney in Columbus.

And some are willing to pay to find a fraudulent spouse, he said.

In December, 11 central Ohio residents were indicted for their involvement in sham marriages arranged for about $17,000 each. Federal prosecutors determined that none of the couples lived together after they were married.

Brown said sham-marriage prosecutions are rare in central Ohio, but he suspects that many escape the scrutiny of investigators.

When couples approach Robinson about helping them with the green card visa process, he puts them through the same kind of questioning they’ll get from an immigration official.

“For every 10 I take, I probably turn away two,” he said.

But he assumes that most find another lawyer willing to help them. “I don’t envy the government’s job.”

Source: The Columbus Dispatch

Immigration meetings show citizenship test takes careful study

The path to naturalization can be a maze of confusing paperwork, capped by a test in English and U.S. civics.

For some, it’s a daunting road.

John Macharia is thinking about applying for citizenship after Christmas. The Kenyan from Duluth has lived here 10 years and his children are U.S. citizens, but he and his wife are not.

Rumors about the citizenship process abound, Macharia said. That’s why face-to-face contact with a citizenship official is helpful, he said.

“It’s always good when you hear about it from the horse’s mouth,” he said.

Joe Kernan, a community relations officer with United States Citizenship and Immigration Services in Tucker, spoke to Macharia and 20 other immigrants in Marietta on Wednesday night.

The American Legion hosted the event and will also host citizenship classes starting in January. It’s in keeping with the Legion’s goal to foster “Americanism,” said Bill Beaudin, commander of Post 29 where the meeting was held.

Kernan said the classes could come in handy. He recounted tales of citizenship tests gone wrong.

If an immigration officer asks if you will bear arms for the United States, don’t roll up your sleeves and show your arms, Kernan said, to chuckles from the immigrants in the audience.

“You need to know that means will you defend the United States,” he said.

Ling Go, originally from China and now living in Acworth, wondered if speeding tickets would hurt citizenship chances.

Not if the fines have been paid, Kernan said.

In general, crimes that indicate a lack of good moral character are the ones that will ruin a chance at citizenship, Kernan said.

Also he cautioned immigrants not to leave the country too often or for too long. An absence of more than a year can sink a citizenship application, Kernan said. A prospective citizen must show where his loyalty is based, he said.

Esther Wilson, a U.S. citizen who lives in Marietta, attended the class on behalf of her sister, who traveled to the Philippines in May. She has not returned because she has Typhoid fever and diabetes and has been too fragile to travel, Wilson said.

“I’m worried about her not coming back,” Wilson said.

If a person with a green card visa stays outside of the United States too long, they could lose their residency and be turned away at the airport, Kernan warned.

Federal immigration officials have held a series of community meetings across the country this year to educate immigrants on common pitfalls and to demystify the process.

About 8.2 million legal permanent residents are eligible to apply for citizenship, immigration officials said.

At the Atlanta immigration office, 14,456 people took the oath of citizenship in the fiscal year that ended Sept. 30, according to Ana Santiago, a spokeswoman for USCIS. Nationwide during the year, 1.1 million people became citizens..

A new version of the citizenship test was phased in last year and became standard Oct.1. It is intended to emphasize an understanding of fundamental concepts of American democracy and the rights and responsibilities of citizenship, more than rote learning of historical facts such as who wrote “The Star Spangled Banner.” The government has printed flash cards and exam materials for prospective citizens.

Pointing to a list of English words, Kernan told the group that those words would be scrambled into any number of variations to create sentences. They would need to read the sentence aloud, without lengthy pauses, to pass.

Everyone opened their study pamphlet to look at the words.

Understanding basic English is essential to participate in civic life in the United States, Kernan said. If an applicant fails, they can take the test again.

Kernan recalled the time an immigration officer raised his hand to administer an oath to a prospective citizen who didn’t understand and thought it was time to give a high-five.

“He was not ready,” Kernan said.

Source: AJC

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H-1B demand spike may signal improving outlook for skilled pros (computerworld.com)

International Students, Skilled Immigrants And Comprehensive Immigration Reform

by Marlene M. Johnson and Stuart Anderson
Source: ILW

Looking ahead to next year, it has become increasingly important that concerns about the economy not deter lawmakers from ensuring that reforms to attract and retain highly educated, highly skilled foreign nationals are included in comprehensive immigration reform legislation. Illegal immigration issues have dominated the debate, but the reality is that without addressing our broken legal immigration system, we will short-change ourselves in the long run. Keeping the United States a welcoming place for talented students and workers from around the world will be crucial to our economic recovery and our future ability to innovate, compete, and thrive in the global economy.

In an economic downturn, the temptation to lower the blinds and close the doors is strong. But in an age when work can be sent to other countries with the click of a mouse such an approach simply will not work. Many studies, and the experience of countless U.S. companies, have shown that hiring talented foreign workers boosts innovation and drives job creation. It also supports local economies. Foreign-born professionals buy cars and houses and pay tuition for their kids. At our universities, they teach our students, helping us develop our own talent pool for the jobs of tomorrow, and they collaborate with our faculty in the sciences, medicine, and other important fields. Turning away people with the skills our country needs denies us a much-needed resource to support our economic recovery. No country can be an island in the global economy – not even one as large as the United States.

Talented people from other countries often first come to the United States as foreign students. By the time they graduate from our colleges and universities, they have spent years investing in acquiring the best education in the world, generally in fields like engineering and the sciences, where they make up half to two-thirds of the graduate students. Some of these foreign graduates want to contribute their skills and knowledge in the United States, but increasingly they are going home or to other countries instead because our immigration system makes it too difficult for them to stay – even though it is in our interest to help them do so.

To keep them, and to attract other highly educated workers from other countries that U.S. employers need to fill key positions, we must do two things. First, the enormous backlogs and wait times that plague the green card system must be addressed, and there must be a better path to green card visa status for those foreign graduates of our colleges and universities who wish to stay in the United States and whose talent and skills are important to our economy. Exempting from employment-based green card visa quotas foreign students who receive a U.S. master’s degree or higher; eliminating the per-country limits that impede, in particular, Indian and Chinese professionals; and providing additional employment visas for backlog relief would constitute major steps in addressing this problem.

Second, we must maintain and improve the H-1B temporary visa system, the primary way for skilled foreign nationals to pursue employment in the United States. Today, H-1B visas serve as a way station for those who really seek immigrant status but are stuck in the long green card visa line for 6 to 12 years. Fixing the green card visa system will take pressure off the H-1B system, but we will still need a system that can accommodate temporary, high-skill workers. At the same time, where abuses exist with H-1B visas they must be addressed. We must realize it does not make sense in a global competition for highly educated and talented workers to turn away these individuals, many of whom will go to work for companies in other countries that directly compete with our own.

Any effort to address the question of what kind of immigration system the United States needs must begin with an understanding that the mobility of individuals and ideas across borders has profoundly changed. People today possess myriad options for study, employment, and life in countries across the globe. Many nations are aggressively recruiting high-skilled foreign professionals and students, adjusting immigration and work laws to create incentives for them. People, like technology and information, are crossing borders with unprecedented freedom and flexibility. Our immigration laws and visa policy must catch up to these new realities, and must support a climate that encourages the contributions of foreign talent. In the global economy, our future depends on it.

About The Author
Marlene M. Johnson is executive director and CEO of NAFSA: Association of International Educators in Washington, D.C.

Stuart Anderson Executive Director of the National Foundation for American Policy, served as Executive Associate Commissioner for Policy and Planning and Counselor to the Commissioner at the Immigration and Naturalization Service from August 2001 to January 2003.

Obama signs FY 2010 DHS Spending Bill [source: Asian Journal]

Law ends widow penalty, includes to other petitions
A NEW law signed by President Barack Obama on October 28 will provide relief to immigrants whose petitions were revoked upon the death of their petitioner.

The FY 2010 DHS Spending Bill, which passed the Senate on a 79-19 vote on October 27, includes an immigration measure that allows a spouse, child and other family members to receive a green card visa when their priority date is reached, even when the petitioner dies.

FY 2010 DHS Spending Bill puts an end to the “Widow’s Penalty.” According to the New York Times, the Widow’s Penalty is “the government’s practice of annulling foreigners’ applications for permanent residency when their American spouses die before the marriage is two years old.”

According to AILA Info Net, the new law “includes statutory authority for USCIS to complete processing of permanent residence applications for surviving spouses and other relatives of immigration sponsors who die during the adjudication process (section 568).”

In an interview with the Asian Journal, Immigration Attorney Robert Reeves explained that before the signing of the bill, the death of a petitioner or principal benefi ciary usually results in an automatic revocation of the immigrant visa petition.

“This is fantastic news,” said Reeves, whose fi rm has been lobbying Congress to pass this bill. “This is an incredible benefi t for those who have previously fi led humanitarian reinstatement. Now, we can fi le them for permanent resident status. This will benefi t thousands of immigrants.”

The new law does not only allow widows/widowers to submit petitions for permanent residency after their spouse’s death, it also covers all family-based petitions, “including petitions for unmarried children of US citizens under 21, family-preference categories who have approved or pending petitions which include the spouse and unmarried children of permanent residents, unmarried children over the age of 21 of US citizens, married children of US citizens, siblings of US citizens and the derivative children of this group,” says Atty. Reeves and Atty. Joseph Elias in their regular column article in the Asian Journal (see Community Journal section, p.C1 for more information.)

“Derivative beneficiaries of pending or approved employment- based immigrant visa petitions are also covered by the new law which include the spouse and unmarried children under age 21 of an individual who was sponsored under the employment-based category,” the article also stated.

According to Reeves, before the new law was approved, if the petitioner dies before the petition is approved or permanent resident status is granted, the spouse or child would be unable to obtain permanent resident status.

However, the new law does not apply to surviving family members residing outside of the US, added Reeves.

“Unfortunately, if they are not living in the United States right now they would have to file the traditional humanitarian reinstatement which is very difficult,” added Reeves. “The immigration services grants only a very few of them.”

The root of the law began in 1970 when the court ruled that a husband’s death stripped the wife of her position as spouse, meaning she no longer qualified for a green card visa. A 1990 law then narrowed that ruling’s scope, saying a widow married to a US citizen for at least two years can file a petition for a residency permit on her own behalf, according to the Associated Press.

The new law was championed by Rep. Jim McGovern and Sen. Bill Nelso.

[source: Asian Journal]