As of July 9, 2010, approximately 24,800 H-1B petitions have been received. Our of the advanced degree cap, approximately 10,600 petitions have been receipted.

The numbers are very, very slowly creeping upwards. Naturally, the H-1B numbers are a sign of the slow economic times, and that the unemployment rate is still high. Anyhow looking to file an H-1B petition still has time on their side. —ecf

I-94W.pngThe US Department of Homeland Security (DHS) has said that it will start phasing out use of the I-94W Arrival-Departure Card. Immigration lawyers at Fong & Aquino have been practicing law a very long time, and the I-94 is a venerable old immigration law fixture. It appears that DHS has decided to attune to the times, automating the gathering and review of biographic information about persons entering on the Visa Waiver program.

The Visa Waiver program allows nationals of certain countries to enter the USA without a visa, provided the entry is for touristic or non-employment business reasons. In the past, Visa Waiver entrants had to fill out the green I-94W card and present that card to a border guard at the Port of Entry (POE). Over a period of time, DHS will phase out the use of the I-94W, and a Visa Waiver entrant will simply show a passport at the POE, be photographed and fingerprinted, and then the passport will be franked (stamped). This new arrangement is similar to the pre-arrival gathering of information used by Australia’s “electronic visa” system. –jcf

butterfly cocoon.jpgOn the occasion of Pride Month, the US Department of State has announced a change in policy regarding the way that sex and gender reassignment are noted on US passports. The immigration Fong & Aquino, long-time advocates for gay and lesbian immigrants, receive questions regularly about how gender is reflected on official documents.

Effective today, a US citizen applying for a US passport may present a letter from a physician that the applicant has had “appropriate clinical treatment for gender transition,” and the new passport will be issued reflecting that new gender. A short-term passport can also be issued be those who are still transitioning.

If you have any questions about obtaining a US passport, please contact us. –jcf

USCIS updated the H-1B quota numbers again last week. Approximately 19,600 applications have been been received for the regular cap and approximately 8,200 have been received for the “master’s degree” or “advanced degree” cap.

The increase of 700 applications overall, in the past week shows that it’s still anyone’s game at this point. If you are a recent graduate and are hoping to find that job before your OPT expires, keep looking and keep in touch with Fong & Aquino. I have counseled many F-1 students here currently on OPT and they are awaiting job offers and we are ready to begin H-1B applications just as soon as the right job offer comes along…

It is anticipated that the H-1B season will last for months to come. Even if you are running out of OPT time and considering returning home, you should think about consulting with Fong & Aquino before you leave so that if and when a job offer can be made, you can be sure that you have counsel who knows you and your qualifications and is ready to work with your US employer. It’s not at all uncommon that attorneys at Fong & Aquino represent clients who are outside of the US at the time of their application. If you are leaving the country to avoid unlawful presence, but to keep all your options open for returning with work status, you want an advocate on your side before you leave the country. —ecf

As promised, here is yet another update on the H-1B quota. On May 14, 2010, USCIS confirmed that approximately 19,000 H-1B applications have been received, and that approximately 8,100 applications were received for the advanced degree quota.

If you were reading this blog on May 11, 2010, you would have seen that I reported USCIS’ most recent count as of that date: 18,000 regular applications and 7,600 applications toward the advanced degree quota.

So the numbers are creeping upwards but if you look at how the numbers progressed last season, we may see these numbers go upwards and then back again. This is when denied H-1B cases are accounted for and subtracted from the total number of applications pending.

For years now, Congress has debated whether to pass the DREAM Act. The DREAM Act would give a future to undocumented youth through a conditional path to citizenship and it would have legalized people like Tam Ngoc Tran who died earlier this week in a tragic car accident.

Tam was a native of Garden Grove, California, born in Germany to Vietnamese refugees. She was pursuing a doctorate at Brown University. She was a graduate of UCLA, and she was a tireless DREAM Act Advocate, having testified before Congress in favor of its passage.

Tam, herself was undocumented and found removable by an immigration judge who denied her and her family political asylum. On appeal, the Board of Immigration Appeals found that the family could not return to Vietnam because of fear of political persecution, so the US could not remove the family to Vietnam. Having been born in Germany, the government sought to remove her to her birthplace, yet Germany refused to grant her entry. Tam was stateless. The only home she knew was the United States.

I-551 card.pngThe day when you could become a US Legal Permanent Resident (LPR) simply by walking off of your boat has long passed. Since that time, paperwork or cards documenting an immigrant’s status have taken various forms, the most well known being the “green card.” The “green card” was a plastic laminated card issued by the US Immigration and Nationality Service (INS) so that immigrants could demonstrate that they were legally in the USA. Here in Los Angeles at Fong & Aquino, virtually everyone — even the attorneys — will at least some of the time call the Legal Permanent Resident card “the green card” It’s simply a habit.

The card ceased to be green over 25 years ago.

This week, US Citizenship and Immigration Services (USCIS, the successor to the INS) announced that it has redesigned the LPR card. It will now have a multitude of security and safety features. The redesigned card has media which will store photo and biometrics of the cardholder; holographic images and laser-engraved fingerprints are supposed to make the card “nearly impossible to reproduce.” The LPR card will now also, like US Passports, have a Radio Frequency Identification (RFID) chip, allowing the card to be read from a distance.

As the discussion of Comprehensive Immigration Reform moves forward, the immigration lawyers of Fong & Aquino in Los Angeles have heard and read accusations from some that the US cannot “afford” to have more immigrants, that the US has huge budget problems, and that we should look after Americans first.

At least one American political leader, Florida Governor Charlie Christ, has recognized that a fair, reasonable legalization program will allow millions of undocumented immigrants to get social security cards, pay

Pinocchio.jpgBorder guards are not known to be the friendliest people in Federal service. The immigration attorneys at Fong & Aquino in Los Angeles routinely hear stories of border guards shouting at aliens who are telling the truth, bluntly telling aliens, “you are lying to me,” or asking in a hostile manner, “why are you lying to me?” The border guards do this, even when they do not really think someone is lying. They do it to destabilize or disturb the alien, to get the alien to make an error or say something wrong. Basically, it is a trap.

Recently, Alan Bersin, the commissioner of US Customs and Border Protection — the head of all the border guards — told Congress that he did not know he was required to fill out and keep Federal paperwork to verify that his household employees had the right to work in the USA.

Bersin is the head of US Customs and Border Protection.