Tuesday, March 31, 2009

No Immigration Reform by Obama Administration Expected Anytime Soon

Ever since Barack Obama became a viable candidate for the presidency, immigrant communities and activists have had increased hope for immigration reform that would help millions of undocumented immigrants remain in the United States.

But according to a story reported by Reuters, Vice President Joe Biden recently told Costa Rican leaders in a press conference that, essentially, immigration reform is not an urgent matter at this time. This, despite what was said during President Obama's election campaign that he supported comprehensive immigration reform.

This may be the first definitive statement on the matter to come out of the Obama administration. Until now, many were still holding out hope for immigration reform in the near future, despite the economic concerns of the country.

For the whole story, see http://www.reuters.com/article/politicsNews/idUSTRE52T7SE20090330

Monday, March 30, 2009

DREAM Immigration Law

DREAM Act re-introduced in Congress.

To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine State residency for higher education purposes and to authorize the cancellation of removal and adjustment of status of certain alien students who are long-term United States residents and who entered the United States as children, and for other purposes.

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Friday, March 13, 2009

Liberian immigrants in Minnesota

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Immigration Lawyers of Minnesota

The article linked below discusses Liberians in Minnesota facing deportation to Liberia. The article focuses on the immigration law that permitted Liberians to come to the United States but is now ending. The article also discusses possible citizenship for Liberians.

Immigration Article

Monday, March 2, 2009

H-2B

For H-2B temporary worker information, click HERE.

Tuesday, February 10, 2009

Liberians Minnesota Deportation

Liberians in Minnesota and elsewhere are facing deportation. See the story at:

http://www.cnn.com/2009/US/02/09/liberians.deportation/

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Minnesota Immigration Lawyers

Saturday, January 24, 2009

H-1B Cap Gap and OPT Extension

H-1B Cap Gap and OPT Extension

What is the Cap-Gap?

If you are reading this article on the “Cap-Gap” rule, then you most likely are familiar with terms such as H1B, F-1, and OPT. If you are not familiar with these terms, explanations can be found elsewhere on this site.

The “cap gap” generally refers to the period of time between when your optional practical training (OPT) ends and your H-1B takes effect. In the past, it was quite common for your OPT to expire more than 60 days before October 1st, the date that the H1B takes effect, and therefore left you with unlawful presence during that period. The “cap” on the limited number of H-1B visa numbers issued each year created a “gap” in the prospective employee’s status; thus we have the term Cap-Gap. The new cap-gap regulations fix this.

How does the new Cap Gap regulation help?

This cap-gap extension automatically becomes effective when the H-1B cap has been reached and the student has an H-1B petition filed on his/her behalf during the acceptance period. This rule does not apply to all F-1 students, only those with F-1 OPT status and work authorization incident to status while an H-1B application is filed and pending. For example, if a student’s OPT expires on 6/15/09 (and his or her EAD card expires accordingly), and if the student has a valid H-1B application that has been accepted and is pending with USCS, his or her status and work authorization is automatically extended until USCIS makes a decision on the H1B.

What happens to the cap-gap if USCIS denies the H-1B?

If the H-1B application is rejected or denied on the merits, the status and work authorization would end on the date of rejection and/or denial. If approved however, the student’s OPT status and work authorization is valid until the beginning of the next FY, which always begins on October 1 of each year.

Extended OPT for students in the high-tech industry

F-1 academic students who receive science, technology, engineering, and mathematics (STEM) degrees and who receive an initial grant of post-completion OPT, may apply for a 17-month extension for a maximum of 29 months of post-completion OPT.

What are the eligible STEM degrees?

To be eligible for the 17-month OPT extension, a student must have received a degree in one of the following fields: Computer Science Applications, Life Sciences, Actuarial Science, Mathematics, Engineering, Military Technologies, Engineering Technologies, Physical Sciences, Biological and Biomedical Sciences, and possibly others.

Minnesota Immigration Lawyers

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