California Immigration Lawyer Blog

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The Department of Homeland Security ("DHS"), Office of Immigration Statistics, has recently released its report: Naturalizations in the United States: 2008. In 2008, United States and Citizenship Services ("USCIS") naturalized 1046,539 people. This number is the highest number of people naturalized in one year and broke all previous records. Out of that number, 297,909 resided in California. California's numbers make up 28.5% of the total number of people naturalized.

The San Francisco-Oakland-Fremont metropolitan area was the sixth highest area in terms of where people who naturalized were residing. The San Jose-Sunnyvale-Santa Clara area followed closely behind as the ninth highest area.

The Office of the Inspector General ("OIG") of the Social Security Administration ("SSA") recently released a report on Religous workers' use of Social Security numbers. The religious worker program has come under a great deal of scrutiny lately because of alleged fraud. The objectives of the study were to (1) assess Social Security number (SSN) use by non-immigrants with a religious worker classification as well as to (2) evaluate Social Security's own internal processing procedures. I will discuss the results of the first objective.

In order to conduct the study, the OIG selected a population of 5,392 nonimmigrants to whom SSA assigned original SSN's based on evidence that they were R-1 religious workers from April 1, 2005 through March 31, 2006. From this population they randomly selected a sample of 200 records to assess R-1 religious workers' use of SSNs. The OIG found that some religious workers were using their SSNs for purposes other than to work for their sponsoring religious worker organizations.

Continue reading " R-1 religous workers' use of Social Security numbers " »

I am currently working on a H-1B petition for an accountant in a northern California accounting firm. I was therefore interested when I saw an article about H-1B fraud posted on AILA's (American Immigration Lawyer's Association) website. While the website is open to the public, there is a special area for members only and this is where I saw the article.

Basically an AILA member did a Freedom of Information Act ("FOIA") request and accidentally received the attached USCIS internal H-1B referral sheet. The sheet indicates areas which, if seen in a H-1B petition, United States Citizenship and Immigration Services ("USCIS") may think that the petition is fraudulent. For instance, one of the possible markers for fraud, in the eyes of the USCIS, is a petition for a position as an accountant. Another marker is if the size of the company. If the company has less than 25 employees, it apparently looks fraudulent to the USCIS. Both of these markers appear in my case.

It appears that the adjudicator, upon seeing possible indications of fraud, would complete this form and then send the case on for investigation.

This form contains useful information because it tells us how USCIS thinks. I cannot change the facts in my case but at least I know what the concerns of USCIS are and can prepare for them.

In a major change of policy, United States Citizenship and Immigration Services ("USCIS") is now allowing people to bring cell phones into the building located at 630 Sansome Street in San Francisco.

Previously, the policy was that if you had a cell phone with a camera, you were not permitted to bring it into the building. Effective immediately, you may now bring a cell phone in, even if it has a camera. This policy applies to all visitors with the only restriction being that you are not permitted to take any pictures or use the phone as a recording device while in the building. If you do take a photo, you will be fined $125.00 and your phone will be taken away from you by Federal Protective Services.

The new policy will be in effect for a 90 day trial period. If all goes well and there are no incidents, the policy will remain in place.

I think this is a great change and a very welcome development.

April 1 is the first date when applications for H-1B visas may be submitted to United States Citizenship and Immigration Services ("USCIS") for jobs beginning on October 1, 2009. Immigration attorneys are now gearing up to file these petitions so that they are received at USCIS on April 1.

Recently the liaison committee of my professional association asked officials at the California Service Center ("CSC") to specify what type of documentation they would accept in order to establish that the potential employee had met the degree requirements for the job. The CSC responded that they would accept the following:

• A final transcript; OR
  
• A letter from the registrar; OR
  
• A letter executed by the person in charge of the records of the educational institution where the degree was awarded.
  

If the third option is chosen, then that person must show that they are authorized to issue such letters.

The degree requirements must be completed prior to the filing of the H-1B.

I recently received a question at my office as to whether non-immigrant students (on F-1 student visas) have to pay Social Security taxes. After a little research, I discovered that they do not have to pay Social Security taxes. I was surprised to learn this because there are other non-immigrants who do. Nevertheless, as long as they are they are working in employment authorized by United States Citizenship Immigration Services ("USCIS"), wages should not be deducted from their pay checks for Social Security. Of course, the IRS points out in its explanation on foreign student liability for Social Security that if they were to engage in self-employment or in unauthorized employment (not pursuant to the terms of their status), they would be liable for Social Security taxes.

The other non-immigrant categories exempt from Social Security taxes include: J-1, M-1, Q-1/Q-2 (scholars, professors, teachers, trainees, researchers, physicians, au pairs, summer camp and workers).