Bernstein Osberg-Braun & de Moraes

~ December 20, 2010 ~

Bernstein Osberg-Braun & de Moraes Support the DREAM Act

The DREAM Act (Development, Relief and Education for Alien Minors) is a major piece of immigration legislation which has been strongly supported by Bernstein Osberg-Braun & de Moraes. The measure, also supported by President Obama and the Pentagon, a majority of Democrats and immigration attorneys, was sadly defeated by the Senate on Saturday, December 18.

H1-B Visa Cap

Most recent figures would indicate that the H-1B visa caps, especially for the higher level master’s degree category are finally filling up. As of Dec. 10, 52,400 petitions had been filed for the more general Reg CAP that can accommodate 65,000 foreigners with bachelor’s degrees or the equivalent. However, the H-1B Master’s Degree category has already accepted 19,100 applications of its 20,000 capacity and may well max out before the year ends. Our attorneys can guide you through the steps in securing an H-1B visa for employees that you wish to bring into the country. A recent (2010) USCIS Memoranda has specified new limitations that you may need to be aware of, disallowing self petitioning companies. If you need an immigration attorney to explain the process or to assist with last minute filing, call our attorneys today.

Understanding ESTA

Another area of concern, specifically for Europeans wishing to travel for business or pleasure in the United States on the Visa Waiver Program, is the newly established (June 2010) requirement for gaining ESTA documentation before boarding a carrier to the United States. For residents of the 36 approved countries, this regulation involves applying online at https://esta.cbp.dhs.gov/ a minimum of 72 hours before departure. The requested information is similar to that filled out on Form 1-94. The ESTA is unnecessary for those traveling on visas, Bermudians, and returning US citizens. It is valid for 2 years or until your passport expires, whichever occurs first, and it is good for multiple entries during that time. There is a $14.00 handling charge per registration, payable by credit card or a debit card that does not require a pin number. European travelers will still need to show a machine readable, active passport.

Highlights of the New Immigration Filing Fee of the USCIS

Fees for immigration applications and immigrations have been increased by the United States Citizenship and Immigration Services and went into effect as of November 23, 2010. For the first time ever, the USCIS is providing a fee waiver standardized form for eligible applicants.

Our firm has paid close attention to the new fee schedule. Immigration lawyers have noted the fee increases as a necessary element of the immigration process and the need for additional revenue to the USCIS, but have hailed the fee waiver request as a benefit to many deserving applicants.