I recently wrote an article in the Northwest Asian Weekly about the fact that most APIs are not taking advantage of DACA (Deferred Action for Childhood Arrivals).  While there are groups that can help those that qualify to apply, many do not.  Its an interesting read as many young immigrants contemplate their options.

I recently wrote an article for the NW Asian Weekly highlighting the E-2 and EB-5 visas.  These visas highlight the options for foreign investors.

On June 15, 2012, President Obama announced a new immigration policy in which certain immigrants would be allowed Deferred Action which would allow them to stay in the United States and not face deportation.

Now known as the Deferred Action for Child Arrivals (DACA), the Department of Homeland Security (DHS) indicated it would provide guidance on August 1, 2012 as individuals could not file for this relief until DHS and/or USCIS came up with guidelines for filing.

It was clarified by DHS that DACA is not the DREAM Act.  It does not confer lawful immigration status or alter an individual’s existing immigration status.  The use of DACA does not provide a way to citizenship or permanent residency.

DHS stated that it believes it will begin to accept DACA applications on August 15, 2012.

While the set of guidelines have not come out, it is expected that proof of continuous stay in the United States will be needed.  It is likely that you should gather documents that evidence this which may include financial records, military records, school records and employment records.

It is difficult to know how long the processing of the DACA applications may take although an estimate has it between 6-12 months.

We will have more on this as information is disseminated about the application procedure.  If you are in need of an Immigration Lawyer please call or email.

USCIS announced that it has reached its cap of 65,000 for 2012 for H1-B visas.  June 11, 2012 was  the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2013.

Last year, the H1-B visa cap was not reached until November of that year.

The Department of Homeland Security announced that a certain class of young illegal immigrants will no longer be facing deportation.  The new policy will allow this class of individuals work permits and they will no longer face the fear of removal proceedings.

The new policy pertains to those under the age of 30 who have been in the United States before the age of 16 and have lived in the United States for 5 years. In addition, the individuals must also have no criminal record and have a high school diploma or served in the military.

The new policy is being done under Executive Order by President Obama and is not new legislation.  It does not provide for citizenship or permanent legal status.  It does grant the individual the opportunity to apply for a two-year “deferred action” which may be renewed.  It removes the threat of deportation for up to two years.

Individuals that would receive this status would be eligible to apply for valid work authorization.

Although this rule is effect immediately, USCIS and ICE anticipate implementation of the application processes to be within sixty days. In the meantime, for more information on the new policy, see USCIS’s website (at www.uscis.gov), ICE’s website (at www.ice.gov), or DHS’s website (at www.dhs.gov). Beginning June 18, 2012, you can also call USCIS’ hotline at 1-800-375-5283 or ICE’s hotline at 1-888-351-4024 regarding the process.