US Immigration Podcast

Interviews with Leaders in Immigration

Jessica Stern: CRImmigration (Ep. 35)

February 10, 2015 by Mark Deal Leave a Comment

In this episode we talk to Immigration Attorney Jessica Stern about CRImmigration and Defending non-citizens with criminal matters and the implications on immigration status.

Listen to this show using the web player below or your podcasting app of choice.

 

Subscribe via iTunes or Stitcher to get the next episode when it is released


Jessica SternJessica Stern is a bright, spirited courtroom lawyer and a champion for justice. Blending her experience from years as a public defender and then as an Associate with the well-respected white collar defense firm, Jessica founded STERN Law.

In addition to her traditional criminal defense practice, Jessica Stern has a strong passion to help non-citizens successfully navigate through the criminal process in order to avoid immigration consequences.  She also has the skill and knowledge to handle any immigration-related matter in any Immigration Court nationwide – such as removal/deportation defense or other forms of immigration relief.

In this episode you will hear:

  • The blending of Criminal Law and Immigration Law
    • When a noncitizen is facing criminal charges and not understanding how those criminal charges and ultimately potential criminal convictions could affect their current immigration status is the U.S.
    • When a person already has a criminal conviction or now in deportation proceedings and maybe trying to achieve some sort of immigration status and adjust their status but worried about whether they can because of their criminal conviction.
  • When a worker got arrested for shoplifting and concerned about how its going to affect the visa status.
  • Lawyers who are representing the employer of a particular working visa holder with criminal charges navigating the impact of the immigration status.
  • A foreign national having to leave the U.S. while there is a pending criminal case.
  • A permanent resident allegedly using a fake receipt and considered as a forgery offense currently in immigration custody.
  • How wordings will affect how the immigration court views the sentence versus what the actual intentions of the criminal court were.
  • CRimmigration being a great resource for both criminal practitioners or criminal defense attorneys and immigration attorneys who have a foreign national client who may already have a conviction.

Jessica’s parting thoughts:

  • If a person is not a citizen, they’re always at risk potentially for deportation of any criminal scenario.
  • Any person regardless of how long they’ve been a lawful permanent resident or how long they’ve held their current visa, if a person is not a U.S. citizen, they are still affected by the laws of the immigration regardless of nationalities.

Jessica specializes in:

  • Criminal defense for people with criminal charges.
  • Foreign nationals facing deportation proceedings.
  • Family Based immigration.

Filed Under: Defense, Podcast

Greg Siskind: Executive Actions on Business and Employment Immigration (Ep. 34)

January 27, 2015 by Mark Deal 1 Comment

In this episode we talk to immigration attorney Greg Siskind about the impact of President Obama’s executive actions on business and employment immigration

Listen to this show using the web player below or your podcasting app of choice.

 

 

Subscribe via iTunes or Stitcher to get the next episode when it is released


Greg SiskindGreg Siskind is a founding partner of Siskind Susser and has practiced immigration law for nearly 25 years. He writes several books including the annually published LexisNexis J-1 Visa Guidebook, the ABA’s Lawyers Guide to Marketing on the Internet and SHRM’s Employer’s Immigration Compliance Desk Reference. In 1994, he created the first immigration law web site and in 1998 he created the world’s first law blog. Greg was recently named by Who’s Who in Corporate Immigration Law as one of the top ten immigration lawyers in the world and is the only immigration lawyer ever featured on the cover of the American Bar Association Journal. He also serves on Board of Governors of the American Immigration Lawyers Association.

In this episode you will hear:

  • The impact of President Obama’s recent executive actions on business and employment immigration.

  • Advocacy campaign when then H1B caps was raised. The timing when Feds lower and raise the number of H1B caps depends on the economy.

  • Legal Immigration Reform

    • The concept of pre-registration that could impact people that are waiting in employment based green card lines where they will allow those people to file for employment authorization documents & travel documents even though they can’t file an Adjustment application because green card numbers are not available and that really has a big impact on China and India in particularly employment based second preference category for advanced skilled workers and the lowest skilled workers also will be able to work immediately after filing a green card application as opposed to having to wait for 10-12 years to get their green card.

    • Recapturing unused green cards.
    • The concept of visa modernization basically President Obama directing USCIS and the State Department to look at modernizing the visa system and considering a variety of ways that they can make the system work efficiently.

    • All federal agencies make the announcements of new rules and proposed rule making. The Department of Homeland Security and the Department of State jointly published a request basically for information, put out a series of questions, asking for feedbacks on how to improve the immigration system.

  • The National Interest Waiver green card holder category which is traditionally been used for people on the Sciences to be opened up for Entrepreneurs.

  • To use the authority which the immigration services called “parole in place” which will allow certain Entrepreneurs who are considered to be providing “significant public benefit” to be able to get what’s called “parole status” in the U.S. which allows them to be in the U.S. and work without necessarily having to fit into an existing visa category.

  • People on H1B visas right now their spouses can’t work on the basis of being a spouse, that is supposed to be changing where H4 Spouses are gonna be able to get work authorization, that’s coming out sometime in the next couple of weeks.

  • Memo dealing with L1B Specialized Knowledge Workers, these are intracompany transfers for people working for at least a year overseas  for a company in highly specialized position and the company wants to bring them over, the State Department and the Immigration Service has been very inconsistent and has been very difficult in approving applications for people in that category and hopefully this guidance memo is gonna make it easier for the companies to be able to file applications that can get approved.

  • Other options:
    • H1B Students to request for visa extension for up to 29 months which is used to be just 12 months.

    • Being able to apply for Adjustment Application or Special Work Authorization on the basis of having a green card application filed and maybe able to transition from Student status into the Work status type of the green card and skip the H1B all together.   

  • Message to HR Managers or HR Fields
    • They have to be active in an organization or have the access to information that’s coming out these changes.

    • Go to an organization like SHRM. SHRM has been active in implicating an employment based immigration reform and putting a lot of information out to their members.

    • If you are a company with outside immigration counsel, check with your outside lawyers to see what kind of information you’re putting out.

    • Be proactive and go out and work with a number of immigration lawyers.

    • Continue educating yourselves.

    • It’s important to understand the timings of when these applications are gonna be about to be filed when people are gonna get their work authorization documents, what to happen when there is a sticky issue with your workers.

  • Habits that contribute to success:
    • Technology has given us marketing boosts because of the internet. Being an early adapter to keep your marketing edge and make you more efficient and could help you be able to produce high-quality work.

    • Always try to investigate where there are technology solutions out there that can improve the quality of your work.

    • A lot of people who are not great marketers are pretty good writers, try and channel talents into business development. Try to figure out where your talents lie.

Greg’s parting thoughts:

  • 2015 will be a very exciting year for immigration, head start with the President’s Announcement.

  • We’re going to see Congress, a lot of legislative initiative this year on producing immigration legislation.

  • To pay attention with what’s happening because it’s gonna change the way a lot of us have to do with immigration on a day to day basis, hope in a good way.

Greg specializes in:

Full Service Immigration Law

  • For Company needing help to get a visa for their employee.
  • Help with family immigration issues.
  • Help with removal proceedings.
  • Advice companies of employer complaints.

 

Ideas for Visa Modernization

The below 18 points were originally written by Greg Siskind on January 9, 2015 and appeared on the ILW blog at this link.

1. Streamlining and improve immigrant visa processing at US consulates.

2. Streamlining and improve non-immigrant visa processing at US consulates.

3. Improving USCIS processing of the following types of applications:

  • family-sponsored green cards
  • employment-based green cards
  • non-immigrant petitions
  • humanitarian petitions and applications (U, T and VAWA applications)
  • H-1B petitions

4. Improving the process for changing non-immigrant status.

5. Improving the process for adjusting status to permanent residency.

6. Improving the process of inspecting immigrants and non-immigrants at US ports of entry.

7. Implementing policy changes to attract the world’s most talented researchers to US universities, national laboratories, and other research institutions.

8. Implementing policy changes to attract the world’s most talented entrepreneurs who want to start businesses in the US.

9. Policies that could assist in creating additional immigration opportunities for high-demand professions such as physicians.

10. Ways to improve the EB-5 immigrant investor program.

11. How to improve labor market requirements for temporary workers to protect both US and temporary foreign workers and also achieve efficiency for employers and government agencies.

12. Improving the occupational data that is used to determine prevailing wages for various visa programs.

13. How to improve the diversity visa program including stopping fraud.

14. Any other changes to combat waste, fraud, and abuse in the legal immigration system.

15. Ways to ensure that non-immigrant visa numbers are fully and fairly allocated.

16. Ways to ensure that immigrant visa numbers are fully and fairly allocated.

17. Which elements of the current legal immigration system are most in need of modernized IT solutions?

18. Which government-collected data and metrics would be must valuable to make available to the public in order to improve oversight and understanding of the legal immigration system?

Please leave your comments and suggestions for these 18 items below or at the original ILW blog post.

Filed Under: Business, E-2, EB-5, L-1, Podcast

Michael Cataliotti: Entertainment Immigration (Ep. 33)

January 13, 2015 by Mark Deal 1 Comment

In this episode we talk to immigration attorney Michael Cataliotti about Sports and Entertainment Immigration for Athletes, Artists, Performers and Professionals

Listen to this show using the web player below or your podcasting app of choice.

 

 

Subscribe via iTunes or Stitcher to get the next episode when it is released


Michael CataliottiMichael Cataliotti is a transactional attorney practicing primarily in the areas of business immigration, entertainment transactions, and corporate governance for U.S. start-ups or expansions. Michael advises clients from such industries as food & beverage, music, fashion, film, television, technology, and digital media, as well as countries across the globe. He represents musicians, artists, photographers, authors, directors, producers, screenwriters, and celebrity talent in a wide-array of immigration matters, and both corporate and entertainment transactions involving start-up and established companies related to their respective industries.

In this episode you will hear:

  • A more specific detail about Sports and Entertainment Immigration.
  • What makes Entertainment Immigration unique as it concerns a very specific handful of visa options.
  • Sample story that didn’t work out when the Applicant submitted a fabricated video performance as evidence.
  • Effects of fabricating materials or falsifying evidence:
    • Will be under close introspection every time he/she applies thereafter.
    • No longer applicable to apply for Business Visa
  • Different visa options for Artists, Entertainers, Athletes, and Performers
    • H1B – Temporary workers and trainees
    • O – Temporary Workers of Extraordinary ability
    • P – Athletes and Entertainers
    • Nuances such as itineraries and petitioning entity
  • Benefits and Ideal Persons for O Visa:
    • Also known as Elite Visa for Artists or Individuals with extra ordinary abilities
    • Anyone who gained a strong reputation, recognition or acclaimed from outside sources such as Journalists, Dentists
    • Dancers, Choreographers who have worked with a number of different sources, have gained a strong reputation in their home country or anywhere.
    • The beneficiary is not seeking a permanent residency or Green Card
    • Not necessary to have plenty of money to apply.
    • With 3-5 pieces of independently published recognition
    • Maximum of 3 years duration of stay.
    • Will be more difficult for the young, upstart Musician or Music Producer who is behind the scene.
  • Benefits and Ideal Persons for P Visa
    • Athletes, Entertainers or Individuals with significant international recognition in their industry.
    • In many instances, requires less evidence than an O-visa to apply.
    • More or less 1 year duration of stay.
    • Athletes are allowed to stay longer than Artists.
    • Signed to a reputable company and with tour schedule.

Michael’s parting thoughts:

For any beneficiaries,

  • Even if the trip is cheaper or easier and more convenient, it is NOT ideal to go to Canada or Mexico to have an interview due to a number of boarder crossing issues, unless you’re a Canadian national or Mexican.
  • It is significantly easier and recommended to go elsewhere to have an interview (Europe being #1).

       “Never give up hope. Always realize that there are options available in every scenario, it might not be the most ideal but there are solutions to every problem and we’re here to figure them out with you.”

Michael specializes in:

  • Sports and Entertainment Immigration working with International Athletes as well as Entertainers, Artists and Performers.
  • Providing the best visa solution to visa problem for Sports and Entertainment Industries.
  • Act as cheerleaders to Clients. Keeping in touch with Public Relations Companies or Marketers or TV Agents.
  • Collaborating with other Immigration Attorneys.

Filed Under: Business, Podcast

Layli Eskandari: President Obama’s Recent Executive Action Announcement on Immigration (Ep. 32)

November 20, 2014 by Mark Deal Leave a Comment

In this episode we talk to immigration attorney Layli Eskandari about the recent announcement from President Obama on Immigration Executive Action  

Listen to this show using the web player below or your podcasting app of choice.

 

 


Below is a transcript of Obama’s announcement

Obama’s Executive Immigration ActionMy fellow Americans, tonight, I’d like to talk with you about immigration.
For more than 200 years, our tradition of welcoming immigrants from around the world has given us a tremendous advantage over other nations. It’s kept us youthful, dynamic, and entrepreneurial. It has shaped our character as a people with limitless possibilities — people not trapped by our past, but able to remake ourselves as we choose.

But today, our immigration system is broken, and everybody knows it.

Families who enter our country the right way and play by the rules watch others flout the rules. Business owners who offer their workers good wages and benefits see the competition exploit undocumented immigrants by paying them far less. All of us take offense to anyone who reaps the rewards of living in America without taking on the responsibilities of living in America. And undocumented immigrants who desperately want to embrace those responsibilities see little option but to remain in the shadows, or risk their families being torn apart.
It’s been this way for decades. And for decades, we haven’t done much about it.

 

When I took office, I committed to fixing this broken immigration system. And I began by doing what I could to secure our borders. Today, we have more agents and technology deployed to secure our southern border than at any time in our history. And over the past six years, illegal border crossings have been cut by more than half. Although this summer, there was a brief spike in unaccompanied children being apprehended at our border, the number of such children is now actually lower than it’s been in nearly two years. Overall, the number of people trying to cross our border illegally is at its lowest level since the 1970s. Those are the facts.

 

Meanwhile, I worked with Congress on a comprehensive fix, and last year, 68 Democrats, Republicans, and Independents came together to pass a bipartisan bill in the Senate. It wasn’t perfect. It was a compromise, but it reflected common sense. It would have doubled the number of border patrol agents, while giving undocumented immigrants a pathway to citizenship if they paid a fine, started paying their taxes, and went to the back of the line. And independent experts said that it would help grow our economy and shrink our deficits.
Had the House of Representatives allowed that kind of a bill a simple yes-or-no vote, it would have passed with support from both parties, and today it would be the law. But for a year and a half now, Republican leaders in the House have refused to allow that simple vote.

 

Now, I continue to believe that the best way to solve this problem is by working together to pass that kind of common sense law. But until that happens, there are actions I have the legal authority to take as President – the same kinds of actions taken by Democratic and Republican Presidents before me – that will help make our immigration system more fair and more just.
Tonight, I am announcing those actions.

  • First, we’ll build on our progress at the border with additional resources for our law enforcement personnel so that they can stem the flow of illegal crossings, and speed the return of those who do cross over.
  • Second, I will make it easier and faster for high-skilled immigrants, graduates, and entrepreneurs to stay and contribute to our economy, as so many business leaders have proposed.
  • Third, we’ll take steps to deal responsibly with the millions of undocumented immigrants who already live in our country.

I want to say more about this third issue, because it generates the most passion and controversy. Even as we are a nation of immigrants, we are also a nation of laws. Undocumented workers broke our immigration laws, and I believe that they must be held accountable – especially those who may be dangerous. That’s why, over the past six years, deportations of criminals are up 80 percent. And that’s why we’re going to keep focusing enforcement resources on actual threats to our security. Felons, not families. Criminals, not children. Gang members, not a mother who’s working hard to provide for her kids. We’ll prioritize, just like law enforcement does every day.

But even as we focus on deporting criminals, the fact is, millions of immigrants – in every state, of every race and nationality — will still live here illegally. And let’s be honest — tracking down, rounding up, and deporting millions of people isn’t realistic. Anyone who suggests otherwise isn’t being straight with you. It’s also not who we are as Americans. After all, most of these immigrants have been here a long time. They work hard, often in tough, low-paying jobs. They support their families. They worship at our churches. Many of their kids are American-born or spent most of their lives here, and their hopes, dreams, and patriotism are just like ours.

As my predecessor, President Bush, once put it: “They are a part of American life.”
Now here’s the thing: we expect people who live in this country to play by the rules. We expect that those who cut the line will not be unfairly rewarded. So we’re going to offer the following deal: If you’ve been in America for more than five years; if you have children who are American citizens or legal residents; if you register, pass a criminal background check, and you’re willing to pay your fair share of taxes — you’ll be able to apply to stay in this country temporarily, without fear of deportation. You can come out of the shadows and get right with the law.
That’s what this deal is. Now let’s be clear about what it isn’t. This deal does not apply to anyone who has come to this country recently. It does not apply to anyone who might come to America illegally in the future. It does not grant citizenship, or the right to stay here permanently, or offer the same benefits that citizens receive – only Congress can do that. All we’re saying is we’re not going to deport you.
I know some of the critics of this action call it amnesty. Well, it’s not. Amnesty is the immigration system we have today – millions of people who live here without paying their taxes or playing by the rules, while politicians use the issue to scare people and whip up votes at election time.
That’s the real amnesty – leaving this broken system the way it is. Mass amnesty would be unfair. Mass deportation would be both impossible and contrary to our character. What I’m describing is accountability — a commonsense, middle ground approach: If you meet the criteria, you can come out of the shadows and get right with the law. If you’re a criminal, you’ll be deported. If you plan to enter the U.S. illegally, your chances of getting caught and sent back just went up.
The actions I’m taking are not only lawful, they’re the kinds of actions taken by every single Republican President and every single Democratic President for the past half century. And to those Members of Congress who question my authority to make our immigration system work better, or question the wisdom of me acting where Congress has failed, I have one answer: Pass a bill. I want to work with both parties to pass a more permanent legislative solution. And the day I sign that bill into law, the actions I take will no longer be necessary. Meanwhile, don’t let a disagreement over a single issue be a dealbreaker on every issue. That’s not how our democracy works, and Congress certainly shouldn’t shut down our government again just because we disagree on this. Americans are tired of gridlock. What our country needs from us right now is a common purpose – a higher purpose.
Most Americans support the types of reforms I’ve talked about tonight. But I understand the disagreements held by many of you at home. Millions of us, myself included, go back generations in this country, with ancestors who put in the painstaking work to become citizens. So we don’t like the notion that anyone might get a free pass to American citizenship. I know that some worry immigration will change the very fabric of who we are, or take our jobs, or stick it to middle-class families at a time when they already feel like they’ve gotten the raw end of the deal for over a decade. I hear these concerns. But that’s not what these steps would do. Our history and the facts show that immigrants are a net plus for our economy and our society. And I believe it’s important that all of us have this debate without impugning each other’s character.
Because for all the back-and-forth of Washington, we have to remember that this debate is about something bigger. It’s about who we are as a country, and who we want to be for future generations.
Are we a nation that tolerates the hypocrisy of a system where workers who pick our fruit and make our beds never have a chance to get right with the law? Or are we a nation that gives them a chance to make amends, take responsibility, and give their kids a better future?
Are we a nation that accepts the cruelty of ripping children from their parents’ arms? Or are we a nation that values families, and works to keep them together?
Are we a nation that educates the world’s best and brightest in our universities, only to send them home to create businesses in countries that compete against us? Or are we a nation that encourages them to stay and create jobs, businesses, and industries right here in America?
That’s what this debate is all about. We need more than politics as usual when it comes to immigration; we need reasoned, thoughtful, compassionate debate that focuses on our hopes, not our fears.
I know the politics of this issue are tough. But let me tell you why I have come to feel so strongly about it. Over the past few years, I have seen the determination of immigrant fathers who worked two or three jobs, without taking a dime from the government, and at risk at any moment of losing it all, just to build a better life for their kids. I’ve seen the heartbreak and anxiety of children whose mothers might be taken away from them just because they didn’t have the right papers. I’ve seen the courage of students who, except for the circumstances of their birth, are as American as Malia or Sasha; students who bravely come out as undocumented in hopes they could make a difference in a country they love. These people — our neighbors, our classmates, our friends — they did not come here in search of a free ride or an easy life. They came to work, and study, and serve in our military, and above all, contribute to America’s success.
Tomorrow, I’ll travel to Las Vegas and meet with some of these students, including a young woman named Astrid Silva. Astrid was brought to America when she was four years old. Her only possessions were a cross, her doll, and the frilly dress she had on. When she started school, she didn’t speak any English. She caught up to the other kids by reading newspapers and watching PBS, and became a good student. Her father worked in landscaping. Her mother cleaned other people’s homes. They wouldn’t let Astrid apply to a technology magnet school for fear the paperwork would out her as an undocumented immigrant — so she applied behind their back and got in. Still, she mostly lived in the shadows — until her grandmother, who visited every year from Mexico, passed away, and she couldn’t travel to the funeral without risk of being found out and deported. It was around that time she decided to begin advocating for herself and others like her, and today, Astrid Silva is a college student working on her third degree.
Are we a nation that kicks out a striving, hopeful immigrant like Astrid — or are we a nation that finds a way to welcome her in?
Scripture tells us that we shall not oppress a stranger, for we know the heart of a stranger — we were strangers once, too.
My fellow Americans, we are and always will be a nation of immigrants. We were strangers once, too. And whether our forebears were strangers who crossed the Atlantic, or the Pacific, or the Rio Grande, we are here only because this country welcomed them in, and taught them that to be an American is about something more than what we look like, or what our last names are, or how we worship. What makes us Americans is our shared commitment to an ideal — that all of us are created equal, and all of us have the chance to make of our lives what we will.
That’s the country our parents and grandparents and generations before them built for us. That’s the tradition we must uphold. That’s the legacy we must leave for those who are yet to come.
Thank you, God bless you, and God bless this country we love.

 

Layli EskandariLayli and I then engage in a discussion on these points, what they could mean for people and business that choose to take advantage of this action and the risks for those that ignore what will be an increased focused on compliance

Filed Under: Family, Podcast

Part 2: How to Build a Better Business Plan to Support an Immigration Visa (Ep. 31)

November 11, 2014 by Mark Deal Leave a Comment

Mark Deal talks about the second part of crafting a business plan for immigration purposes.

 Listen to this show using the web player below or your podcasting app of choice.

 

 


Immigration Buiness PlansIn this episode you will hear:

  • Mark’s Three sided business plan to maximize impact and ease petition review.
    • Qualitative:  This is the writing of the plan and should back up the tables while supporting the petition
    • Quantitative: The hardcore numbers.  Every plan has to have realistic projections for all facets for the business
    • Graphical:  Tables and tables of numbers can be boring or worse, confusing.  Use tables to tie the quantitative and pictures to support the qualitative
  • What immigration adjudicators are looking for and common pitfalls of most plans.
  • Personnel Hiring Plan:  How to use it, and how not to rely on it too heavily (for E-2 and L-1 cases that don’t have a lot of direct reports)
  • Financial Plan covering Start-up Funding, Profit and Loss projections, Cash Flows, Balance Sheet with Net Worth and Break-even Analysis
    • What is a realistic expectation and how to document exceptions
    • How to prove a substantial investment in a business
    • How to tie start-up summaries to immigration petition forms
  • Tie everything together in a concise way for the Executive Summary
  • A quick wrap up of some of the items I didn’t cover for specific cases

Links to resources covered on this episode:

  • Form I-129: Petition for Nonimmigrant workers (i.e. E-2, L-1 and others)
  • Form I-526: Immigrant Petition for Alien Entrepreneur (i.e. EB-5)
  • 10 Payback Strategies For EB-5 Investors
  • E-2 Business Plan checklist
  • L-1A Executive Action checklist
  • EB-5 Matter of Ho checklist

Filed Under: E-2, EB-5, L-1, Leader, Podcast

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  • EB-5 Difference Between Regional Centers and Direct Investments Podcast - EB-5 New York Regional Center on Michael Gibson: Helping Immigration Attorneys And Their Clients Pick The Best EB-5 Investment (Ep. 21)
  • 10,000 EB-5 Cap Reached For First Time: Here Is What Will Happen on Mona Shah: EB5 difference between Regional Centers and Direct Investments (Ep. 10)
  • Alexandra on Josh Adams: Immigration iOS app for INA, CFR, Practice Manuals and more (Ep. 11)
  • Siddles on Greg Siskind: Executive Actions on Business and Employment Immigration (Ep. 34)

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