Tag Archives: f1 visa

US Immigration Reform 2010 – The DREAM Act

One of the many changes President Obama has promised America is immigration law reform. Many ideas have been discussed. One of them is the DREAM Act, sponsored by Senator Lugar from Indiana and Senator Durbin from Illinois, among others. The basic idea is to allow certain illegal immigrants who were brought here by their parents at a young age and who have been educated in American schools to become permanent residents.

Under the DREAM Act, certain undocumented individuals could become legal residents. The first step in this process is for the individual to enroll in some type of higher education, such as a university, vocational school, or apprenticeship program. Another option is to enroll in the U.S. military. If certain requirements are met, this person may apply for conditional residency in the U.S. Upon receipt of an associates degree or a 2-year equivalent within six years of the initial petition, the conditional status can be changed and the individual can become a legal permanent resident of the United States.

To be eligible for permanent residency under the DREAM Act, the individual must have entered the United States before turning 16 years of age and must have been in the United States for at least five years without interruption. The individual must also demonstrate the ability to speak English.

Conditional residents under the DREAM Act will be eligible for private loans to fund their education, but will not be eligible for Pell grants. Under the DREAM Act, 65,000 students could become conditional residents each year, and eventually become permanent residents and citizens if they comply with current immigration rules and regulations.

One of the ideas behind the DREAM Act is to better utilize the taxpayer dollars that are being used to educate illegal immigrant youth in public schools across the country. If these youth are willing to continue their education through additional schooling or through the military, they would be allowed to become a legal part of our society without the fear of losing their families through deportation. In addition, the DREAM Act initially only benefits those who most likely were taken across the border by their parents through no decision of their own. Many of these individuals have spent more years illegally in the United States than in their home countries.

The DREAM Act could be merged with other legislation as part of comprehensive immigration law reform in 2010. If other ideas do not receive the necessary support from members of Congress, the DREAM Act could be enacted without additional reform measures. Either way, even the proposal of such legislation gives hope to many people now living in the United States who currently have no way of becoming a legal resident.


Guest Author
Alan Culwell

H1B Visa November Update

You may remember from our October H1B Visa update for FY2010 that the USCIS reported that were going to continue to accept H1B visa petitions until the H1B visa quota for the year has been exhausted.

The latest USCIS update for the quota was released on November 6, where the reported receiving 54,700 H1B visa petition filings on top of the already 20,000 approved advance degree cap exemption filings. The annual quota is of course 65,000 for the main group so there is still at least 10,000 visas available and probably a fair number more as many of the H1B visa petitions will be denied or revoked.

The other major update the USCIS released for the H1B visa for November is that due to the Department of Labor (DOL) having a major backlog and delays with certifying and issuing the approved Labor Condition Application (LCA) which is need prior to filing the H1B visa petition with the USCIS.

For the next 120 days from November 5 2009, through March 10, 2010 (or whenever the cap is exhausted), the USCIS will accept H1B visa petitions even without the approved LCA from the DOL if it has been filed at least 7 days prior to sending the petition to the USCIS. The only acceptable evidence of filing is a copy of DOL’s email giving notice of receipt of the LCA to prove this when filing with the USCIS without the approved LCA.

Following this H1B visa applicants and the prospective sponsor employers who make use of this temporary flexibility in the normal filing procedures for H-1B visa petitions must wait until they receive a request for evidence (RFE) before they submit the DOL approved LCA to USCIS in support of the H-1B visa petition.

The USCIS will give petitioners a period of 30 calendar days within which they must send in a DOL certified LCA in response to the RFE.  Ultimately the USCIS will only approve H-1B visa petitions that include certified approved LCAs.

The most interesting thing has been since the October 1 (i.e. the start of the new US Immigration year), the rush of applicants and companies filing for the H1B visa meaning the job market is seeming picking up for college educated folks despite the 26 year record high 10.2% unemployment rate nationally.

Actually if you look at the following NY times interactive chart for unemployment you can easily see how not all groups are effected equally and the market for laid off H1B visa workers, F1 Student visa graduates and foreigners wanting to work in the US in general may be looking up finally 🙂

Good Luck,
CJ