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October 20,&=
nbsp;2011
Visa Lottery Now Op=
en
Every year Congress issues 50,000 permanent resident
visas (green cards) to randomly selected applicants who complete =
entries,
meet eligibility requirements and are from countries with low rat=
es
of immigration to the United States.
Entries for the 2013 Diversity Lottery must be submi=
tted
electronically between October 4, 2011 and November 5, 2011.
Instructions on applying for the Diversity Lottery can be found on
the US Department of State website: http://tra=
vel.state.gov/pdf/DV_2013_instructions.pdf.
There is no fee to enter and applicants must only enter once. Our
office encourages foreign nationals NOT to pay a fee for assistan=
ce with
this process, as it does not increase the chances of success.
Photographs of the applicant, spouse, and his/her children under =
age
21 must also be submitted electronically (for specifications, see=
the
instructions). To prevent delays due to heavy demand, it is best =
not
to wait until the last few days to apply. An applicant must be fr=
om a
qualifying country (see below), and have either a high school
education or two years of experience within the past five years i=
n an
occupation requiring at least two years of training to perform.
Persons must maintain US status if they plan to obtain their green
card while remaining in the United States (Adjustment of Status).=
Natives of the following countries are ineligible=
to enter the 2013 Diversity Lottery Bangladesh, Brazil, Canada, C=
hina
(mainland-born), Colombia, Dominican Republic, Ecuador, El Salvad=
or,
Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru,
Philippines, South Korea, United Kingdom (except Northern Ireland)
and its dependent territories, and Vietnam. Persons born in Hong =
Kong
SAR, Macau SAR, and Taiwan are eligible. If a person is a native =
of
one of these ineligible countries but his/her spouse is from a
country that is eligible, he/she may be eligible under the spouse=
's
country of birth.
Starting May 1, 2012, applicants will be able to che=
ck
the status of their 2013 Diversity Visa Lottery entry by returnin=
g to
the Entrant Status Check at www.dvlott=
ery.state.gov
and entering the applicant's unique confirmation number and perso=
nal
information. Entrant Status Check will be the sole means of infor=
ming
applicants of their selection for the 2013 diversity lottery and =
will
provide instructions on how to proceed with the application if the
applicant has been selected. If selected, Entrant Status Check wi=
ll
also notify applicants of their appointment for the immigrant visa
interview. Therefore, it is essential applicants retain their
confirmation number. The U.S. Department of State is unable to
provide applicants their entry confirmation number if it is lost.=
Diversity visas will be issued between October 1, 20=
12,
and September 30, 2013. If selected, spouses and unmarried childr=
en
under age 21 may also apply for a green card. <=
/p>
New H-1Bs Still Available
On October=
7, USCIS announced that it received
approximately 41,000 H-1B petitions t=
oward
the 65,000 available per fiscal year, under the general H-1B cap. In addition, USCIS
received 19,100 petitions toward the 20,000 H-1B
Master's Cap. USCIS continues to acce=
pt
petitions toward the general cap and the Master's cap. The =
H-1B is a frequently utilized temporary work =
visa
for professional positions. For more information on the H-<=
span
class=3DSpellE>1B visa, see the Cl=
ark Hill
website.
Department of Justi=
ce
Sues Healthcare Provider for Discrimination
On Septemb=
er 30,
2011, the US Department of Justice announced it had fi=
led
suit against a California healthcare provider, Generations
Healthcare, alleging that it engaged in a pattern or practice of
discrimination by imposing unnecessary documentary requirements on
naturalized US citizens and non-US citizens in order to work in t=
he
US. The Department of Justice stated that it found during its
investigation that the company had required all newly hired non-US
citizens and naturalized US citizens at one of its facilities to
present specific and extra work authorization documents beyond th=
ose
required by federal law during the Form I-9 process to prove that
they had work authorization. This additional documentary burden w=
as
not placed on native-born US citizens. The Immigration and
Nationality Act's (INA) anti-discrimination provision prohibits
employers from placing additional burdens on work-authorized
employees during the process of hiring or to verify their employm=
ent
eligibility based on their citizenship status or national origin.=
Clark Hill Selected=
Pro
Bono Firm of the Year<=
/p>
Clark Hill=
has
been selected as the recipient of the Pro Bono Law Fir=
m of
the Year Award by the Legal Aid and Defender Association, Inc. for
outstanding work over a period of many years in successfully
representing their clients in many pro bono cases, including a nu=
mber
of complex litigation cases. Clark Hill's law team is led by the =
firm's
Pro Bono Coordinator, attorney Paul Scheidemantel. The Legal Aid =
and
Defender Association, Inc. is the largest provider of free legal
services to the indigent in Michigan and one of the largest in the
United States. Their mission is to provide comprehensive, aggress=
ive
legal advocacy and representation for residents of metropolitan
Detroit. A pro bono case is where a law firm performs legal servi=
ces
at reduced rates, or for free, to give back to the community and
assist those who are not otherwise able to pay for the legal
services.
US Immigration and
Customs Enforcement (ICE) Updates
Below are summaries of recent efforts by the US
Immigration and Customs Enforcement (ICE) as they enforce laws re=
lated
to employment of persons not authorized to work in the US. While
there were many actions that took place recently, below are a few=
of
the highlights.
IFCO<=
/u>
Managers Plead Guilty<=
/p>
On Septemb=
er 15,
2011, ICE announced that five managers of IFCO, a Houston-based corporation, had pled
guilty to hiring and employing unauthorized aliens at IFCO plants nationwide between 2003 and 200=
6. The
five defendants face a maximum prison sentence of six months and a
fine of $3,000 for each unauthorized alien who was part of the
pattern and practice of illegal hiring.
San Francisco Bay Area Restaura=
nt
Owners Plead Guilty<=
/p>
On Septemb=
er 9,
2011, ICE announced that two owners of El Balazo restaurants who were charged last ye=
ar in
a criminal information with harboring and employing illegal alien=
s,
knowingly misusing employees' Social Security numbers and tax fra=
ud,
had pled guilty. One owner pled guilty to misusing El Balazo employees' Social Security numbers a=
nd
submitting quarterly contribution and wage reports to the Social
Security Administration using incorrect Social Security numbers s=
he
submitted on behalf of unauthorized workers. Another owner admitt=
ed
to hiring employees he knew were not authorized to work in the Un=
ited
States, and employing more than 100 unauthorized workers. Each of=
the
charges carries a maximum penalty of five years in prison. <=
/o:p>
Visa Priority Dates=
-
November Visa Bulletin<=
/span>
The Novemb=
er Visa
Bulletin has been posted. Visas for employment based
second and third preference cases have moved forward, including t=
hose
born in India and China. For a summary of priority dates,
retrogression, and how these dates impact US green card processin=
g,
please visit the =
Clark
Hill website.
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