Matt Bray Day

Once a year in February, Matt Bray emerges from his office. Whether he sees his shadow will determine whether the H-1B cap will be reached in the first week of April. We managed to snap a picture of this elusive man just as he emerged this year. Did…

Once a year in February, Matt Bray emerges from his office. Whether he sees his shadow will determine whether the H-1B cap will be reached in the first week of April. We managed to snap a picture of this elusive man just as he emerged this year. Did he see his shadow? When will the cap be reached?

Ten Things to Watch Out for in an Online Forum

Hardly a week goes by where I don’t hear a client mention that they heard something on a blog/chatroom and want to do what this other person recommended. Years ago when I first started hearing clients talk about these chatrooms I took a look for myself at the type of information out there, and occasionally now I’ll go back and look around at what people are saying in these forums. Every time I look I can’t help but cringe at all the inaccurate advice people are giving each other. While I can certainly understand that many individuals are seeking clear and unbiased information on immigration questions (and that often people want to know if they are getting the best advice from their immigration attorneys), I can’t stress enough how careful readers should be of taking advice from others on the Internet. Below is a list of ten of the more common inaccuracies/misinformation (which I've paraphrased) I have seen on blogs and in chatrooms. (Trust me, this is not an all-inclusive list).

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USCIS to Begin Accepting Requests for Expanded DACA on February 18

Last November President Obama announced he was taking executive actions on immigration reform, after the House of Representatives failed to act on the immigration reform bill passed by the Senate in 2013. One of the president's initiatives involve expanding eligibility for the Deferred Action for Childhood Arrivals (DACA) program to applicants of any age who entered the US before the age of sixteen and who have lived in the US continuously since January 1, 2010, as well as extending the period of DACA and work authorization from two to three years.

US Citizenship & Immigration Services (USCIS) has just announced it will begin accepting applications for this expanded DACA program on February 18, 2015, only weeks away, even as the Republican-controlled Congress heads toward a showdown with Obama over funding for the Department of Homeland Security, the mother agency of USCIS.

Who is eligible for the expanded DACA program?
Individuals of any age with no lawful immigration status who entered the US before the age of sixteen and who have lived in the US continuously since at least January 1, 2010. Applicants must also meet schooling requirements as well as not being convicted of certain crimes or posing a national security threat.

How is this different than before?
The first DACA program announced in 2012 requires that applicants have continuously resided in the US since June 15, 2007, and that they were under thirty-one years of age on June 15, 2012. Additionally the initial DACA was granted only for a period of two years.

How to file?
USCIS lists all the requirements including what documentation is required along with the necessary forms, fees, and where to send the application.

Is an attorney needed to file the case?
Matt Bray has an excellent post regarding this question.

When can the DACA case be filed under the new requirements?
On and after February 18, 2015! 

What authorization is received with DACA?
If the application is approved, individuals will not be placed into removal proceedings or removed from the US for three years unless their DACA is terminated. In addition, they will be granted employment authorization. Travel authorization (advance parole) may also be granted in certain cases.

USCIS cautions those applying for DACA to be especially wary of immigration scams. They've published a list of helpful tips for before and after filing to avoid scams and ensure that their case has been properly received and is processing correctly. Applicants for DACA cases (and in general for immigration matters) should be especially wary of anyone calling them about their immigration case and claiming to be from USCIS or the government.

Although DACA is limited in that it only defers removal and does not provide permanent lawful status, this DACA expansion is good news for many undocumented immigrants including one of America's most well-known and visible undocumented immigrants: Pulitzer Prize-winning Filipino journalist Jose Antonio Vargas, who summarized DACA: “'This is not amnesty…It’s only temporary. It doesn’t provide a Green Card. It doesn’t provide citizenship. It doesn’t provide healthcare. It doesn’t provide anything really, except free from deportation, a work permit, people can drive, people can travel hopefully, and again just not to live in fear[.]”

UPDATE: US District Judge Andrew Hanen in Texas ruled late Monday, February 16, 2015 to temporarily block President Barack Obama's executive action on the expanded DACA program as well as the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program. Consequently contrary to their original plans discussed in this post USCIS will not be accepting applications February 18 for the expanded DACA program, and going forward until further notice for expanded DACA and DAPA. We will provide more updates as we receive them.

Do’s and Don’ts of the E-3

Not too long ago, Lizzie B. created a wonderful chart highlighting some alternatives to the H-1B. In that post she covered the basics of the E-3: that it is for Australian citizens who are coming to the US to work in a professional job, that it is issued in two-year increments and that the Australian national must be getting paid a salary that is in line with what the Department of Labor (DOL) deems appropriate for the position. The E-3 is one of the easiest US visas to obtain. It is a fast process since the application can be made straight at the US Embassy/Consulate, and does not require piles of documents. Some employers choose to do the application themselves, and while most of the time everything goes well, sometimes things can go awry. I thought it might be helpful to create a list of do's and don’ts for the E-3 application to help avoid denials if employers are filing these themselves:

DO...

✔  BE AN AUSTRALIAN CITIZEN
The beneficiary of the E-3 application must be an Australian citizen with an Australian passport. People who live in Australia without having acquired citizenship are not eligible. The spouse and children of the principal beneficiary need not necessarily be Australian citizens in order to get the E-3 dependent visa (E-3D).

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Daily Telegraph: "26 Odd Things About Australia"

While those of us in the northeast United States were preparing for the somewhat lackluster winter storm Juno (at least in New York City—sorry New England), the land down under (including Protima, who is there on vacation) was celebrating Australia Day with parades, trips to the beach, barbecues, and other Australian-y type things. In honor of this day, The Daily Telegraph listed some interesting facts about this fascinating country:

  • In 1832, the world's first “flash mob” occurred at a Tasmanian prison when three hundred women convicts bared their buttocks at the visiting Governor during an assembly. "The convicts at the Cascades Female Factory collectively spun around, lifted their skirts and slapped their bottoms at the Governor, Sir John Franklin, his wife and the reverend William Bedford 'making a not very musical noise.'"
  • The adorable-looking platypus has venom strong enough to kill a small dog. The venom is delivered via small spurs on their back legs, so you probably shouldn't pick one up and try to pet them.
  • For a short period Melbourne was called Batmania after John Batman, who explored the area and negotiated a purchase of 2400 sq km from Wurundjeri elders.  The city was then renamed Melbourne after the British Prime Minister, William Lamb, Second Viscount Melbourne.
  • Lake Hillier on Middle Island is pink. Really pink. Although no one knows why, scientists speculate that the color comes from a dye created by bacteria that lives in the salt crusts.

As with Columbus Day in the Americas, many understandably reject Australia Day celebrations (often with protests). One is Chelsea Bond, whose mother is a fifth-generation Australian of English and Irish heritage and father a Munanjahli and an Australian-born South Sea Islander. She writes:

The disconnect I feel on the [sic] January 26 is not a rejection of my mother’s history. Rather, it is a rejection of the privileging of one version of history at the expense of another. I simply cannot be part of the collective amnesia that sweeps the nation on January 26 each year. This amnesia is evidenced in our current prime minister choosing the arrival of the First Fleet as the 'defining moment' of our national identity.

She encourages those celebrating the day to "take just a moment to consider the significance of that place you meet on, and not just since the arrival of the First Fleet."

Calling it Invasion Day, The Vine notes that civilization in Australia began some 40,000-60,000 years ago, and that many see Australia Day as a day celebrating devastation: "When a nation of custodians were plunged into violence, sickness, hunted into a cultural and physical near extinction with devastating systemic discrimination that continues to this day."

To that end, The Daily Life says: "Australia Day will always be a day of mourning for the First Peoples of this country, but it is possible to work towards a positive and more inclusive future."

Australia Day

"Although separated by a great ocean, the United States and Australia are bound together by our robust alliance, shared values, and common culture. And despite the geographic distance between our countries, I always feel at home in Australia...As you celebrate Australia Day, know that the United States stands right beside you as a stalwart ally, partner, and friend."

- John Kerry
Secretary of State