Thursday, June 28, 2012

Obama Administration Announces Administrative Relief for Dream Act Youth

On June 15, 2012, Secretary of Homeland Security Janet Napolitano announced that certain young people who were brought to the United States as young children, who do not present a risk to national security or public safety, and who meet several key criteria will be considered for relief from removal from the country or from entering into removal proceedings. Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal, and will be eligible to apply for work authorization.
While there is bipartisan support for a Congressional remedy for the plight of the so-called “Dream Act” youth, there are not enough votes to ensure passage.  For that reason, the Obama administration relied on an administrative solution to provide relief to these young persons.
The DHS issued a press release summary and provided a link to the memorandum in its entirety.
The program will provide legal status to qualified individuals who:
• Arrived in the U.S. when they were under the age of sixteen;
• Continuously resided in the U.S. for at least five years prior to June 15, 2012 and have been present in the U.S. on June 15, 2012;
• Currently in school, have graduated from high school, have a GED, or be an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces;
• Not convicted of a felony offense, a "significant misdemeanor offense," three or more non-significant misdemeanors, or otherwise pose a threat to national security or public safety; and
Applicants for Deferred Action will need to apply and receive an employment authorization document (Form I-766,  which serves as a List A document with an expiration date for I-9 verification purposes)  before they can be legally employed.
The USCIS is not yet accepting applications for deferred action. By mid-August 2012, the agency expects to issue guidance and information about how eligible individuals can request deferred action and work authorization. Interested persons may call the Miller Law Offices at 818 508-9005 for up-to-date information

The Immigration Compliance Legal Center

The Miller Law Offices have opened the Immigration Compliance Legal Center,  providing employers with expert legal solutions for immigration problems.  The Center offers complete immigration legal services for U.S. employers, including the design of compliance programs, HR training and attorney-led I-9 auditing for maximum remediation under the latest ICE policies. We also offer E-Verify compliance assistance for FAR Contractors and companies with electronic verification responsibilities.  

The Center offers full immigration consultation and advice to ensure your employer’s immigration compliance responsibilities are met.

The Center’s founding attorney is the author of the American Bar Association’s best-selling book Immigration Compliance Auditing for Lawyers.  Charles M. Miller has the national reputation for expert, practical solutions for your immigration compliance legal needs. Begin the Immigration Compliance Legal Center solution call Charles M. Miller at (818) 508-9005   

Do You Qualify for an Expedited EAD?

Generally the USCIS processes the Form I-765 Application for Employment Authorization on a first-in, first-out basis.  Did you know that there is an expedite program for those applications submitted by an applicant that affect employers with critical operations, where there is potential impairment to the company if there is a gap in employment authorization for a key employee?

The following information comes from the USCIS Website,

“Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The burden is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met. The criteria are as follows:

·         Severe financial loss to company or individual
·         Extreme emergent situation
·         Humanitarian situation
·         Nonprofit status of requesting organization in furtherance of the cultural and social interests of the   United States
·         Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
·         USCIS error
·         Compelling interest of USCIS”

If you feel that you meet one or more of the above criteria, you should be able to answer the following questions:

1. What is it about the Applicant’s skill and expertise that are critical to the Company’s operations?
2. How severely would the Company be impaired without the Applicant's day to day involvement?
3. Does the continuing viability of the Company's business depend on the Applicant’s immediate return to work?
4. How would the Applicant's absence affect the Company financially? ie. do the jobs and livelihood of other employees depend on the Applicant's presence?
5. When does the Employer demand the Applicant have his/her valid EAD by in order to secure his/her position?

If you and your employer can document your qualifications under the expedite criteria and the sample questions, the Miller Law Offices can help you apply for your EAD under the expedited criteria for USCIS discretion. 

President Signs Berman Bill Providing E-2 Investor Visas to Israelis

On Monday June 11, 2012 President Obama signed a bill introduced by U.S. Rep. Howard Berman that adds Israel to the list of countries eligible for E-2 investor visas. Israel joins the list of over 75 countries that are eligible for E-2 visas.

“This bill sends enterprising Israeli investors a clear and unambiguous message: The United States is open for business,” said Rep. Berman, the ranking Democrat on the House Foreign Affairs Committee. “The expansion of Israeli enterprises here will result in job creation for American workers. Israel is an incubator of entrepreneurship, already a global leader in security and defense technologies, medicine, agriculture, and clean energy. Our nation will benefit greatly from bringing their innovations and scientific advancements to our shores.”

The Berman legislation was introduced in February and cosponsored by both Democrats and Republicans. It was supported  by the House Judiciary Committee Chairman Lamar Smith (R-TX) who helped pass the bill through his committee and then the House of Representatives by a vote of 371-0.

“Senator Leahy played an instrumental role in advancing this legislation forward, and I thank the Chairman and his staff, as well as the bill’s cosponsors, Senators Schumer, Kirk and Kyl,” said Berman.
Israel serves as an important U.S. trading partner, with bilateral trade between the two countries reaching $36.9 billion in 2011. Israel is among the U.S.’s 10 largest export markets per capita. Despite a population of only 8 million people Israel is among the U.S.’s 24 largest export markets by value, ahead of countries such as Russia, Ireland, Spain, Sweden, and Argentina.

Between 2000 and 2010 Israeli Direct Investment in the U.S. totaled $58.5 billion and in 2010 Israel was the largest supplier of Foreign Direct Investment (FDI) to the U.S. from the Middle East. In fact, Israel supplied nearly as much FDI to the U.S. as China. These investments have created and support tens of thousands of jobs in both countries.
E-2 visas are temporary visas available to foreign nationals who must be a national of a country with which the United States has a treaty. To qualify for the visa, a foreign national must come to the U.S. in order to develop and direct the operations of a business in which the applicant has invested, or is in the process of investing a substantial amount of capital.

Tuesday, June 19, 2012

CBP Guide to Carrier Information Available at

Have you ever wondered what a transportation letter looks like? What documents carriers, including the airlines, must request before boarding an international traveler to the United States?  Do you wish the Federal government published a guide that would answer such questions?  The answer to your questions may be close at hand.   US Customs and Border Protection (CBP) has made the May 2011 revised Guide to Carrier Information public.  The Miller Law Offices is pleased to provide it to you on the Publications page on our Website