Gateway to the West

Gateway Arch overlooking Mississippi River in St. Louis.

Gateway Arch overlooking Mississippi River in St. Louis.

Matt and I visited St. Louis this week for a client meeting, but we found time to admire the view of the iconic 630-foot tall Gateway Arch, the tallest man-made monument in the United States and highest point in downtown St. Louis. On a previous visit I had taken the unique “tram” up to the observation deck, so we headed to Ted Drewe’s instead for their famous frozen custard. (It did not matter that it was below freezing outside!) The frozen custard would have been the Friday photo but I ate it too fast!

8 Common Questions Foreign Nationals Have When Changing Visa Sponsors/Employers

As immigration attorneys, one scenario we frequently encounter is where foreign nationals part ways with the US company that sponsored their nonimmigrant visa. Regardless of who initiated the change, terminating employment/representation with the US company sponsoring the foreign national's visa requires immediate attention, ideally well before the change is to take place. It can be stressful for everyone involved. To allow all parties involved to prepare for and understand the implications, we have compiled some of the most frequently asked questions from foreign nationals.

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After Paris Attacks Changes to the Visa Waiver Program (ESTA) to Enhance Security

In response to the Paris terror attacks, the White House yesterday announced changes to the Visa Waiver Program, used by approximately 20 million visitors per year for citizens of thirty-eight program partner countries around the world. The changes to the Visa Waiver Program (VWP), also known as the Electronic System for Travel Authorization (ESTA), are designed to counter the “ongoing threat posed by foreign terrorist fighters” who might use the program, and are meant to “aggressively” strengthen the program and bolster relationships with the VWP’s partners. These changes come after new countries were added to the VWP program and other security enhancements were made earlier this year.

What Are the New Changes?

The Obama administration is instructing government agencies to move forward with the following security enhancements:

  • The Department of Homeland Security (DHS) will immediately modify its applications to obtain information from VWP travelers regarding any past travel to “countries constituting a terrorist safe haven” and work in conjunction with the Director of National Intelligence to identify and review these countries to make traveler risk assessments;
  • DHS along with other agencies will accelerate its review process for VWP partner countries and provide a report to the President within sixty days regarding possible pilot programs to assess the collection and use of biometrics (fingerprints and/or photographs) to increase security and also identify any countries that are deficient in key areas of cooperation;
  • The FBI director will evaluate the terrorism information sharing and any deficiencies between the US and VWP countries in consultation with other agencies and provide the president a report within sixty days;
  • DHS will offer assistance to VWP countries to better facilitate terrorism information sharing, including for screening refugees or asylum seekers;
  • US government agencies will promote the Global Entry program among VWP partners to further expand this trusted traveler program;
  • DHS will work with Congress to seek permission to increase Advance Passenger Information System (APIS) fines from $5,000 to $50,000 for air carriers that fail to verify a traveler’s passport data; and
  • US government agencies will deploy Foreign Fighter Surge Teams to work with countries to counter terrorist travel and provide assistance as needed to enhance border security and legislation.

Working with Congress to Enhance the VWP

In addition to these security changes, the White House will work with Congress to provide statutory authority for many key security enhancements to the VWP, including:

  • Improve ability to identify individuals who have traveled to conflict zones to train or fight with terrorist organizations and coordinate information between VWP partners and INTERPOL;
  • Use international agencies such as INTERPOL to track lost and stolen travel documents to prevent their usage as well as general information sharing to use in border screening activities for VWP partner countries;
  • Accelerate requirement for 100% of VWP travelers to use e-passports with security chips and also see how biometrics could be effectively added to the VWP process; and
  • Expand the preclearance program so Customs and Border Protection officers can inspect passengers and their baggage at foreign airports prior to departing for the United States.

Even More Changes to the VWP

In addition to the Obama administration’s VWP changes, Senators Dianne Feinstein and Jeff Flake plan to introduce legislation that would prohibit anyone who has traveled to Syria or Iraq in the last five years from traveling to the United States using the VWP and instead require them to obtain a traditional visa stamp.

Not everyone is welcoming changes to the Visa Waiver Program. California Travel Association President Barbara Newton and leaders of several California tourism boards are concerned that changes to the VWP could affect the billion-dollar tourism industry. “We certainly support security and safety of our citizens and everyone around the world,” Newton said to the LA Times. “But we don’t want to see the government do something that would disrupt business and travel.”

Alexis Roblan: The DLG-Proust-Actors Studio Questionnaire

Alexis was born and raised in Coos Bay, a small town on the very rainy coast of Oregon. With her childhood home in the “tsunami zone,” she grew up constantly worried about the long overdue earthquake set to strike in the Pacific Northwest. “I spent my entire childhood waiting for it everyday,” she says.  

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The Ongoing Syrian Refugee Crisis

With more than half of the nation’s governors opposing the resettlement of Syrians in their states, and the House of Representatives passing legislation that would increase security checks and make it even more difficult for refugees from Syria and Iraq to enter the US, there is a wave of anti-refugee and anti-immigrant fervor sweeping parts of the country. Presidential candidates and elected officials have even suggested closing mosques, detaining Syrian refugees already in the country, and creating a government registry for Muslims. Airline passengers with Middle Eastern and “Muslim” sounding-names have experienced an increase in racial profiling after the Paris attacks, and Syrians already in the US are fearing a backlash.

With all this fear and negativity, comedian John Olivier has taken on the critics of refugee resettlement with great intelligence and verve by explaining the extensive security screening process for refugees and also importantly by sharing the story of one Syrian migrant girl. In this vein, here are a few more stories of Syrian refugees.

Radwan and Sanaa

In late 2011, as the government of President Bashar al-Assad cracked down on the rebellious city of Homs, Syria, Radwan Mughrbel and his wife Sanaa Hammadeh decided to leave their country. The war, the bombings, snipers and random violence had forced many residents indoors, and Sanaa was afraid to leave their home to shop for fresh food. The family resorted to eating moldy bread on some days, and they were especially afraid their sons, Soubei and Ahmad, who were then in their early teens, would be kidnapped. “The government would see kids on the street and take them, beat them,” she says in the New York Times. We didn’t want them to kidnap our children.”

They left Syria in November 2011, with only a single change of clothes, and spent years in Jordan trying to obtain refugee status. When the United Nations refugee agency asked where they wanted to resettle, the answer to them was clear. “America,” Radwan says. “They brought us here, and I feel safe, like nothing bad can happen to us. Now we have a beautiful life.” He became upset at the suggestion that refugees like him could be a threat. “We didn’t cross illegally,” he says. “We went through hell to get here.”

On their first morning in their new Michigan apartment, they admired the lawns and trees. “We didn’t walk around because we were afraid we would get lost,” Radwan says. “When I saw all the grass,” Sanaa adds. “I felt that I was reborn.”

Fayez and Shaza

Fayez and his wife Shaza fled from Daraa, Syria to Jordan in 2013, where they applied for refugee status in the US. After the two-year application process, they moved near Dallas this past February and are now raising two daughters—an infant and a toddler.

"I am happy because I live [in] America," Fayez, who works at Walmart, told CBS News. While the couple was concerned about their own safety after protesters at a mosque in Dallas, Fayez said in his opinion “it's impossible that any terrorist can come to America through a refugee program, which requires a six- or seven-month-long background check.”

Nidal Alhayak

Nidal Alhayak fled Syria with his wife in 2012, where he’d been tortured and imprisoned by the Assad regime, and crossed over the border to Jordan where he applied for asylum to the US. He explains the refugee application process to NPR: "There are six different interviews with the Homeland Security committee where they asked us the same questions just to check for consistency in the story…So, it would be impossible for me to make up a story or lie about it because they would vet us out and make sure everything was right."

After more than two years of the application process, he got a phone call telling him that he and his wife would be resettled in the United States. "Before I got the phone call, I was the kind of person who had given up on life. But then this phone call was like a breath of fresh air that blew life back into me," he says. "First of all, I consider myself fortunate that I made it to the United States," he says. "I consider it the number one country for democracy and freedom for humanity, worldwide." 

Nidal, who now works at a factory in Michigan and is still learning English, says he understands how some might be concerned about ISIS infiltrating the refugee program. "I totally understand their fear," he says. "I want to assure them we're not like that. We went through a lot. We went through terror ourselves. And there's no way in the world we'd do such a horrible act."

These are just a few stories out of the millions of Syrian refugees, and there are many more sharing heartbreaking tales of their escape from their country’s brutal civil war. Despite the anti-refugee sentiment popular among many political leaders, not everyone in the US wants to turn Syrians away. Aid groups are continuing to assist in resettling refugees, and doumentary filmmaker Michael Moore says they can live at his house.

Liz and the Llama

Liz at the London Zoo.

Liz at the London Zoo.

This past week the Rome District Chapter of the American Immigration Lawyers Association (AILA) hosted a conference at a unique space, the beloved London Zoo. The conference, appropriately titled "No Monkey Business. Just Immigration Law" (yes, I'm not kidding), took place in a beautiful Georgian building on the Zoo grounds with a terrace overlooking Penguin Beach, and featured some excellent immigration speakers. In this photo, Liz consults with one of the nation's foremost H-1B specialists. Yes, that's right. Apart from producing a beautiful and soft wool, llamas are intelligent and can learn simple tasks, which makes them perfect for H-1Bs. And then they can deliver the petitions to US Citizenship & Immigration Services (USCIS) themselves, since they can carry about 25% to 30% of their body weight!

A Revealing Conversation: An Introduction to Immigration Issues HR Managers Must Have on Their Radar

Hiring, payroll, health insurance and 401k administration, employee satisfaction, training, I-9 compliance, workers comp, state and federal regulations to follow—human resources personnel must be able to juggle a variety of functions. And on top of all these, HR is also usually tasked with acting as liaison and point-of-contact between foreign national employees and immigration counsel. For HR staff who don't have prior experience in immigration, it can all seem overwhelming and daunting, especially all those acronyms!

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