Immigration News and Articles

Below you will find various news updates and articles written by our immigration attorneys:

“As a model can I get a visa to work in the U.S.?” - Visa Options Available to Models

The options that exist for models who wish to enter the U.S., or remain in the U.S. to take part in projects or shoots, normally comes down to the H-1B or O-1 Visa options. Both visa types allow a model to be in the U.S. to work. Note that for both visa types, the model must exhibit upcoming events or projects that they have in the U.S. Let us consider the basic requirements of both the H-1B and O visa for models:

H-1B Visa for Models: Taking a look at the H-1B option in some more detail it is always important to keep in mind that as opposed to the O visa option which we will discuss below, the H-1B visa has a quota each year, so the timing of the filing of such a petition is critically important. The H-1B category for Models requires that the distinguished merit and ability of the model be evidenced. Prominence in the field of modeling can be shown through documentation and evidence of any two of the following:

1. National (can be models home country) or international recognition evidenced through critical reviews or articles;
2. Recognition by experts/critics in the field of modeling as having prominence and merit;
3. Having performed for employers, or having participated in projects that have distinguished reputations; or
4. Showing that the model has commands a high salary as compared to others in the industry.

To review your specific case and its merits and chances of approval under the H-1B category, please feel free to Contact us directly.

O Visa for Models: The O visa option for models is somewhat more complex then the H-1B process. One of the advantages of the O visa however is that it can be filed throughout the year as there are no visa quotas as there are with H-1B visas. The O visa for models actually involves the preparation of a petition under the O-1A visa category, whereby it must be shown that the model has extraordinary ability in business. There is am O visa category for arts, however a leading case on the subject, Matter of Ford Models, Inc., provides that modeling is more suitable under an extraordinary ability in Business approach.

In order to satisfy the O visa requirements, the model must evidence a list of upcoming projects or events, must have a petitioning company or agent (note that the term agent has a specific definition that should be discussed with an attorney or researched further), and must evidence his/her extraordinary ability. Extraordinary ability can be shown by receipt of a major internationally recognized award. For most models such an award cannot be shown however another option does exist. Extraordinary ability can also be shown by satisfying as many, at least three are required, of the following types of evidence:

1. Receipt of nationally or internationally recognized awards;
2. Membership in organizations that require outstanding achievement;
3. Published materials about the model;
4. Reviews of the models ability from industry persons;
5. That the model has been employed in an essential capacity at an organization with distinguished reputation;
6. That the model has commanded or will command a salary above that which others in the industry receive.

Note that other forms of evidence may also satisfy the O visa standard and that this information is merely background in nature.

To have you particular case evaluated and prepared by one of our immigration attorneys, feel free to Contact us.

The H-1B and the O Visa option both allow for an initial admission period of three years after which extensions may be applied for if the necessary requirements are satisfied. Furthermore there are options to adjust status to that of a permanent resident green card holder in certain cases. These issues should be discussed with an immigration attorney or researched further in great detail as there are various issues that could arise during such processing.

Our Los Angeles Branch office, with locations in Pasadena and Beverly Hills, focuses on serving those persons in the Entertainment and Arts industries that require visa processing. Let our attorneys assist you today so that you can focus on your career and upcoming projects. Feel free to Contact us directly.

Fun Fact: When did Ellis Island Open for Immigration Processing?

Immigration Reform: One of Top Three Priorities in Senate

Support Increases for a Pathway to Citizenship

ARTICLE: Work Permits: Do I need one, and how do I get one?

Work permits, also know as Employment Authorization Documents (EAD), are often needed for persons who are on non-immigrant work visas or for persons at a certain stage in their green card processing, to be able to legally obtain employment.

There are three categories of persons who may be eligible to receive such Work Authorization (EAD):

The first group of people consists of those who are in valid non-immigrant status and are eligible to work as a result, incident, to that status. Most persons in these categories however must still apply for an Employment Authorization Card. A few exceptions exist for spouses of beneficiary’s on E and L visas. Note that even for these persons, it may be necessary to apply for a work card. Speak to our immigration attorneys to answer questions specific to your situation.

The other groups of persons who are eligible to get work permission in the U.S. are those who, as a result of their non-immigrant visa status, are authorized to work for a specific petitioning employer. An example of this is a person who has an H-1B professional worker visa to work as an employee of Company ABC, or an L visa holder who is entering as an intra-company transfer or opening their own business. The same applies for E-2 treaty investors. These persons do not need to apply for work authorization cards as they are eligible to work for a specified employer incident to their status.

Thirdly, there is a category of persons who all must apply directly for an employment card such as people who are refugees, persons granted withholding of removal or deportation and so forth.

Unauthorized work, without a work permit can jeopardize any future immigration benefits such as Adjustment of Status. One of the very few exceptions to this is for persons eligible for 245(i) benefits or people who qualify for an immediate relative green card petition.

How Do I Apply For a Work Permit?

Although it is a good idea to speak with an immigration professional about your specific situation as this is not legal advice, the basic form that is required in all such applications if Form I-765. In certain instances a fee is required, which is currently $340 but is subject to change at any time so research this on the USCIS website, www.uscis.gov.

Please feel free to contact our immigration attorneys to assist you with your specific case needs. Call 626.398.1992 for a consultation, or e-mail to hp@mj-law.com.

NEWS UPDATE: Gay and Lesbian Marriage Rights and Immigration: Uniting American Families Act

Although certain states have taken the progressive step towards granting marriage rights to gay couples, the impact on immigration laws has been zilch. Currently, same sex partners, whether legally married under foreign laws or under the laws of certain U.S. states, are not receiving any immigration benefits as immigration law, along with a few other legal practice areas, is governed entirely by federal statute as opposed to state specific legal rules. Immigration law is controlled by a number of federal regulations such as the Code of Federal Regulations and the Immigration and Nationality Act.

In an unprecedented step towards furthering the fight for equality, Senator Patrick Leahy, Democrat from Vermont, introduced a new bill, the Uniting American Families Act (UAFA), on June 2, 2009. The UAFA aims to allow U.S. Citizens (USC’s) and legal permanent immigrants (LPR’s) to seek immigration benefits for their same-sex partners. The Uniting American Families Act would amend the current Immigration and Nationality Act to allow immigration processing for dependent spouses just as currently allowed by heterosexual couples.

As provided by Rachel Tiven, the Executive Director of the immigration rights group, Immigration Equality, “To say to someone ‘you can’t be a couple, you can’t be a family because you’re gay’ is just cruel.”

NEWS UPDATE: USCIS Delays in Production of Permanent Resident Cards

The U.S. Customs and Immigration Services (USCIS) recently released news that it is in the midst of upgrading its Permanent Residence card production equipment. The best way to get proof of residence while awaiting for your card to be produced is to take in your passport or a recent photograph and I.D. of yourself to your interview where you will be given temporary evidence of your status if approved at time of interview. Otherwise, make an InfoPass appointment: http://infopass.uscis.gov and take in this evidence to receive such proof.

NEWS UPDATE: H-1B Count: How many H-1B Visas are still available?

If you are asking yourself whether you can still file an H-1B petition this year to be counted towards the fiscal year 2010 visa quota numbers, the answer is yes for the time being.

NEWS UPDATE: DREAM Act RE-Introduced in March 2009

The DREAM Act, standing for the Development, Relief, and Education for Alien Minors Act is a piece of legislation focusing on children who were brought to the U.S. as undocumented persons and have grown up here.

Currently, the immigration laws do not provide any means for these children to become legal parts of our society. Without a mechanism by which to fix their immigration status, many of them are unable to receive education beyond high school and are in jeopardy of being deported and removed from the U.S. after having lived here almost their entire lives.

The DREAM Act would promote further education as part of the green card process for qualifying children would require at least 2 years college level education or military service. To see a further summary of the DREAM Act, please visit the following website of the National Immigration Law Center, http://www.nilc.org/immlawpolicy/DREAM/dream-bills-summary-2009-03-31.pdf.

NEWS UPDATE: Border Patrol Apprehensions Dropping

As provided by a U.S. Department of Homeland Security release in June 2009, apprehensions of illegal entrants into the U.S. at the border dropped steadily from 2005 to 2008, the periods covered by this study. More information regarding this and other U.S. Department of Homeland Security studies can be found at http://www.dhs.gov/ximgtn/.

ARTICLE: agJOBS Legislation Article: By Attorney Hendrik Pretorius

Murmurs regarding comprehensive immigration reform have started. On May 14, 2009, Senator D. Feinstein, with the re-introduction of The Agricultural Job Opportunities, Benefits, and Security Act (agJOBS), took a step towards catalyzing national debate. The agJOBS bill provides an interesting microcosm of large-scale reform that will inevitably come to the forefront of social deliberation, perhaps even this year.
The agJOBS bill has two main aims. The first aim provides a pathway to residency for undocumented farm workers who can prove that they have been working as farm laborers for the past two years and will continue to work as such for, at minimum, an additional three years, depending on the number of hours per year. Other requirements such as background checks must also be passed. The aim of this prong is to legitimize such hard working farm workers. 
The second goal of this bill is to reform the current H-2A temporary agricultural worker visa program, streamlining the administrative procedures and wage and labor protections of this lone agriculturally oriented visa, available to foreign workers filling large U.S. agricultural labor shortages. This second goal aims to provide realist avenues for foreign workers to enter legally, supplying much needed labor in a timely fashion, making it far more practical in application for both foreign workers and farm owners.
In the current economic climate, the proposed legislation takes on added importance for farmers around the country with the being especially significant to California, the world’s fifth largest producer of agricultural commodities, producing about half of the nation’s fruits, vegetables, and nuts alone. 
So why is this bill sure to cause a rousing debate? Well, as we have come to realize, talk of immigration related matters are always peppered with emotional fervor and political stubbornness oft devoid of rationality, based instead upon the shaky foundation of manipulated facts and rhetoric.
If the Administration, Congress, and public can stay focused on the facts and equities at hand, then this bill is deserving of passage.
The facts show that the demand for foreign workers has dramatically risen over the years. A May 2009 study by the Immigration Policy Center provided that the number of farm workers admitting to working without authorization in the U.S. rose dramatically from 7% in 1989 to an estimated 2002 figure around 75%. 
Exacerbating the increased need for foreign farm workers is the reality that the vast majority of Americans are unwilling to perform such laborious manual labor as required of many agricultural jobs. As provided by the Immigration Policy Center, although work wages increased more quickly in the agriculture sector as compared to non-agricultural industries during the 90’s, the percentage of U.S. workers in the industry declined dramatically, from about 31% to 19%, a decline that is almost certain to be continuing today. The reality being that most Americans are educated and able to take jobs that are less labor intensive. 
This brings me to an unsettling viewpoint advanced by anti-reform organizations such as NumbersUSA. Mr. Roy Beck, director of NumbersUSA, an organization aimed at reducing current levels of immigration, recently stated, responding to agJOBS legislation, “Why should we provide permanent residency and eventual access to all U.S. jobs by all these illegal workers?”
This statement is troublesome on many levels. This position indicates the sentiment that after workers have provided back-breaking labor, benefiting U.S. farmers and the economy for at least 5 years, that they should not be granted the opportunity to pursue less laborious, perhaps more lucrative jobs.
Is this truly the sentiment of the people of this country and its Representatives? Do we agree that it is okay to cage people into one specific, arduous job, forcing them to live in the shadows of society, without legitimization, to fill a labor need that very few U.S. workers are willing to perform, repaying them by never giving them the opportunity to pursue other goals? I would like to think not, and I would like to think that such organizations are in the minority.
But yet, this type of legislation has been proposed in the past and has failed to come to fruition. One explanation for this may be the ability of those, so strongly opposed to an idea based merely on irrational ideology and lack of equity, to mobilize more effectively then the majority not sharing such rabid and irrational views.

Anti-reform arguments that the U.S. will be negatively impacted by immigrant farm laborers advancing into less rigorous, higher paying work, is irrational. How can increases in the number of law-abiding workers, in an industry with huge labor shortages, negatively impact the economy? Granting workers legal status will surely increase overall consumer spending and increasing government revenue from additional tax payers. Furthermore, arguments that foreign workers send all of the money they earn back to their home countries is a myth.
A 2007 Report by the White House Council of Economic Advisors provided that entrepreneurial activity was found to be about 40% higher for immigrants as compared to Americans, and that Americans benefit from immigration by raising overall productivity and wages for all. Accordingly, there is overwhelming evidence of positive economic impacts across the board, in direct opposition to misinformation provided by staunchly anti-immigration organizations. 
As provided by the American Farm Bureau Federation, “without a stable, legal supply of labor to replace currently unauthorized workers, the fresh fruit and vegetable sector could see U.S. production decline by up to $9 billion a year.” Many farm groups are on board with such reform in light of the consistent shortages of labor in the industry.
If arguments advanced by organizations such as NumbersUSA is that agJOBS legislation will again leave us with a shortage of farm labor in the future, then they are not considering the entire bill. The second part of the agJOBS bill specifically addresses a means by which future agricultural job shortages will be addressed. The solution proposed is to make the H-2A Visa process more streamlined and effective to be able to fluidly fill labor demands. 
In addition to the positive economic effects of agJOBS, let us consider what perhaps ought to be the primary driving forces behind support and passage of such legislation, equity.
Is it right as Americans for us to use the spines, skin, muscles, and minds of farm workers to put food on our tables and secure our economic prosperity while we shun them into an existence of fear and silence, without allowing them to integrate into society? 
With a collective voice it is time to make it known that the majority of Americans understand the equities, economics, and truth at hand in such immigration debates. The agJOBS legislation is an important step towards embracing one of the greatest strengths of this country, the assimilation of cultures and people who treasure the freedom to prosper and grow through their hard work.
As an immigrant to this country I hope others are as excited by the current opportunities at hand as I am. Opportunities to take positive steps towards rectifying current immigration policies through the legitimization of persons deserving of such benefits, as provided through well structured legislation such as agJOBS.

(Brief Bio: Hendrik Pretorius was born in South Africa and lived in Buenos Aires, Argentina and Mexico City, Mexico before moving to the United States and becoming a Citizen. Hendrik is a practicing immigration attorney, working out of the Pasadena, California area branch office of Muston & Jack, P.C., fluent as well in Spanish and Afrikaans. Feel free to contact Hendrik at hp@mj-law.com)