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Entrepreneur Pathways – USCIS’s new program to help professionals immigrate to the U.S.

USCIS

The idea of the American dream may have changed since historian James Truslow Adams popularized the term in his 1931 book “Epic of America.” However, for many people, the American dream has, and always will, involve owning and running their own business.

Entrepreneur Pathways, a new program started by United States Citizenship and Immigration Services, was set up to allow professionals from other countries to bring their considerable skills to the United States. Though the program is new, many people believe it’s a stepping stone that the United States can use to regain its economic power and status as the leader of the free world.

Visa Help

The Entrepreneur Pathways program was set up partially to help qualified immigrants come to the United States. Through the program, certain people will be allowed to come to the United States to start their business, receive training, or find work in certain fields that rely on highly skilled workers.

B-1 Visas

A B-1 visa is a type of visa that can be granted to immigrants coming to the United States with the intent of starting a new business. Applying for a B-1 visa through the Entrepreneur Pathways program will allow immigrants to come to the United States to look for office space, secure funding for their business, or attend business meetings in the country.

Obtaining a B-1 visa is ideal for many people looking to come to the United States since they can be granted quickly, and allow the people that have them to work freely and efficiently in the country. A standard B-1 visa lasts for a period of six months, though extensions may be granted by the federal government in certain cases.

F-1 OPT Visas

F-1 OPT visas are for people coming to the United States to receive practical training in a certain field. Many of the people who are granted F-1 OPT visas intend to receive training that they need with and end goal of starting a new business in the United States.

While F-1 OPT visas are often given to students, they will not be granted to students that do not speak the English language. As of January 2013, even students seeking training in a specialized field and English language programs are ineligible for an F-1 OPT visa.

F-1 student visas typically expire after 12 months. Once the person’s study has been completed, they may be eligible for an additional 12-month F-1 visa extension in order to establish a business in the United States.

F-1 students that already have a degree in science, technology, mathematics or engineering seeking a secondary degree in the United States can get a 17-month F-1 visa. In some cases, extensions will be granted for an additional period of time for students seeking secondary degrees if they cannot be completed within the first 17 months.

Other Visa Types

International Professionals

Immigrants that do not qualify for B-1 or F-1 OPT visas may still be able to come to the United States under the Entrepreneur Pathways program.

• People that work in certain fields like engineering or science may be eligible for an H-1B visa. H-1B visas expire after three years, but an additional three year extension may be granted.

• O-1A visas are sometimes granted to individuals who possess extraordinary abilities in the field of science, art, mathematics or engineering, as well as some other specialized fields. Individuals that receive an O-1A visa are allowed to stay in the United States for three years. O-1A visa recipients are eligible for one-year extensions in some cases.

• Individuals that have invested a substantial amount of money in a qualified company may be able to obtain an E-2 visa in order to oversee their investment. E-2 visas are granted for two years, and may be renewed indefinitely in two-year increments if the extension is approved by the federal government.

• People coming to the United States as an employee of a qualified organization may be given an L-1 visa. L-1 visas are granted for up to three years. Extensions are granted for a maximum of seven total years in some cases.

Is the Entrepreneur Pathways Program Good for the United States?

The United States has a long history of allowing skilled immigrants to come to the United States to work. Many believe that this is what has allowed the United States to be among the most innovative and influential countries in the world.

Others claim that more an influx of skilled workers will result in fewer jobs for American citizens however, history has shown us that skilled workers actually help to create new jobs and boost the economy.

Spotlight: New York City

New York City

New York City is one of the oldest parts of the United States, and its history in regards to immigration is unrivaled by any other. Without question, more immigrants came to the United States through New York Harbor and Ellis Island into New York City than any other.

Ellis Island

When many people think of immigrants coming to the United States, they immediately think of the old images of queues of people lined up at Ellis Island, waiting to become part of the American dream. While Ellis Island will likely be remembered as a major hub for immigrants from around the world, it didn’t always serve that purpose.

Ellis Island was first used in 1794 as a military base. Though the naval base at Ellis Island didn’t play much of a part in the Revolutionary War, the New York Harbor is where British naval fleets entered the city of New York.

However, the fact that the British used New York Harbor and Ellis Island as a way to gain entry into the United States made the small piece of land important to the government. In 1808, Ellis Island was purchased from the state of New York by the federal government.

Immigration at Ellis Island

Before 1890, immigration was the responsibility of each state. Different states had different laws, and they could accept immigrants as they pleased but, federal laws were soon put into place.

In 1892, the federal government completed its “immigration station” on Ellis Island. On January 1, 1892, Annie Moore, a 15 year old Irish immigrant, and her two brothers entered the United States as the first immigrants processed at Ellis Island.

Between January of 1892 and November of 1954, when Ellis Island was officially closed, millions upon millions of immigrants entered the United States through New York Harbor and the gates of Ellis Island.

Today, Ellis Island is open to the public for tours. There’s also a museum documenting the journeys of many immigrants that came through Ellis Island. The museum at Ellis Island gets more than two million visitors per year.

Famous Ellis Island Immigrants

An incredible amount of people entered New York City through Ellis Island between 1892 and 1954. Most immigrants came to the country to find a better life, but some found incredible success and fame in the United States.

Fred Astaire

Fritz Austerlitz came to America through Ellis Island in 1892. While you may not know his name, you likely know his son’s name – Fred Astaire.

Ringling Bros

In 1906, John and Mabel Ringling, the couple who would eventually founded the Ringling Bros. circus, came to New York via Ellis Island.

Charlie Chaplin

 Charlie Chaplin came to New York City in 1912, and became one of the most famous immigrants of all time.

Houdini

Harry Houdini came to New York by way of Ellis Island in 1914.

Einstein

In 1919, Albert Einstein came to New York City through Ellis Island.

Bela Lugosi

In 1920, Bela Lugosi arrived at Ellis Island. That same year, Archibald Alec Leach, who later changed his name to Cary Grant, arrived by boat at Ellis Island.

F. Scott Fitzgerald

1921 brought two famous immigrants that would change the face of the arts in the United States to Ellis Island and New York City – F. Scott Fitzgerald and George Gershwin.

Immigration in New York City Today

Today, the hub of immigration in New York City is the United States Citizenship and Immigration Services office located in Federal Plaza. Ellis Island stands only as a reminder of America’s past.

People that want to come to the United States can no longer do so legally by getting on a boat and waiting in line for processing at Ellis Island. Visas and citizenship papers are much harder to come by in today’s New York City than in the past, leading many to claim that New York City is now closed to immigrants. While that isn’t true, and millions of immigrants still come to New York City each year, the process is very different and considerably more difficult.

Illegal Immigrants in New York City

Many immigrants move to New York City legally each year, though the process can be arduous and long. However, the illegal immigrant population of New York City has grown to record numbers. Though an exact number is impossible to determine, it is believed that just under 20-percent of the immigrants living in New York City today are undocumented.

In a Country of Rights What Rights do Undocumented Workers Have?

Rights

The United States is known around the world for the freedom that it offers its citizens. In the past and today, many people have fled countries with oppressive governments in an attempt to build a better life in the United States.

While many people come to the United States legally, some come to the country under extreme duress and enter as undocumented immigrants. In states like California, Arizona and Texas, a significant percentage of the workforce is made of up of undocumented immigrants.

Undocumented immigrants are often forced to forge citizenship documents in order to get work. Others obtain work under the table or take low-paying labor jobs to support themselves.

In a country where all citizens have equal rights, what rights do undocumented workers have? Do they have any rights at all? Many people in the United States, including undocumented workers, aren’t sure.

Federal Laws

In the United States, undocumented workers have almost the same rights as workers who were born in the United States or moved here legally however, not every right granted to citizens is granted to undocumented workers.

Unions

Unions are an important part of the American workforce, and they generally help employees get better pay and benefits for themselves and their family. Unions are especially important when it comes to lower paying jobs that require manual labor, where work conditions, hours and pay need to be closely monitored.

Undocumented workers are not allowed to join unions in the United States. Therefore they aren’t able to enjoy the same privileges as workers that do the same job who are members of a particular union.

Unemployment Insurance

Along with not being able to join unions, undocumented workers are not allowed to apply for or collect unemployment benefits, even if they are terminated from their job.

Unfortunately, that also means that many undocumented workers who are wrongfully terminated have no way to take care of themselves after being let go from a job.

Wage Rights

wage withholding

Undocumented workers in the United States are allowed to collect state and federal minimum wage rates for their work. As of January 2013, the Federal minimum wage is $8.00 per hour.

While many employers will not offer undocumented workers more than minimum wage, it is illegal to pay any person, undocumented worker or citizen, less than the federally-mandated minimum wage.

Many states offer a higher minimum wage because of increased living costs. Undocumented workers should be paid the state minimum wage for their work.

Wage Withholding

Some unscrupulous employers have hired illegal immigrants to do a job for them and then withheld their pay because they are undocumented. This is illegal in the United States. Whether somebody is a citizen or not, they are supposed to be paid for time worked.

Fighting Wage Withholding

Wage withholding is so common that many undocumented workers will face this problem at one time or another. Some choose only to work for cash that will be paid immediately after a job is completed.

Some undocumented worker’s rights organizations have even recommended accepting only cash pay for a single day of work however, some undocumented workers may find it difficult to get enough work to support themselves if they won’t wait a week or two for their pay like documented citizens.

Undocumented workers who are not paid for time that they’ve worked should file a formal complaint with the state labor commission.

The Federal government claims that undocumented workers who seek payment for work that they’ve done will not face deportation or fines because of their undocumented status or illegal entry into the country.

Overtime Pay

Undocumented workers are legally allowed to collect overtime pay for working more than 40 hours in a single week. While there are some exceptions to this, all workers paid on an hourly basis should be getting overtime pay after 40 hours.

Workplace Safety

Undocumented workers also have same workplace safety rights as citizens.

That means that undocumented workers should never be asked to work in an unsafe environment, or told that not doing so could result in termination or reduced wages.

Undocumented workers asked to work in an unsafe environment should contact OSHA in order to file a formal complaint.

Two Coastal Cities Do Their Part to Help Undocumented Immigrants Assimilate

New York and Los Angeles
How many undocumented immigrants there are in the United States is difficult to determine since numbers aren’t reported in census reports. Estimates range from about 15 million on the low side, to approximately 30 million.

In big cities like Los Angeles and New York, as well as border towns in states like Texas, the undocumented population is believed to be quite high. These cities have very large economies, and many undocumented immigrants settle there because they can find work.

While immigration is a touchy subject for some people, two coastal cities, Los Angeles and New York, have implemented programs that allow undocumented immigrants to better become part of the culture and assimilate with natural born citizens and legal residents. Other states and cities are starting to follow in their footsteps as well.

Los Angeles

Los Angeles has always had a large population of undocumented immigrants – considerably larger than most other cities in the country. While exact numbers can’t be calculated, it is believed that more than three million undocumented illegal immigrants call the city of Los Angeles home.

Driver’s License Program for Undocumented Immigrants in Los Angeles

Traffic in L.A.
In late 2012, Governor Jerry Brown signed a bill into law that allows hundreds of thousands of undocumented citizens to obtain a valid legal driver’s license. Though the plan may seem controversial to some, there are restrictions that limit who can obtain a driver’s license in Los Angeles.

According to the new law, undocumented immigrants who came to the United States before their 16th birthday, and who are now 30 years of age or younger, will be able to apply for a driver’s license just like everybody else in the state without fear of deportation or legal repercussions.

Individuals applying for a driver’s license in Los Angeles also need to have a high school diploma or GED. Applicants need to be free of felonies and have a clean police record as well, though some people who have been found guilty of committing petty crimes will still be able to apply for a driver’s license.

Undocumented immigrants in Los Angeles applying for a driver’s license will also have to qualify with ICE and the Department of Homeland Security before they are able to apply for a driver’s license.

Many undocumented immigrants in Los Angeles are thankful that this bill was turned into law. Los Angeles and surrounding areas have long been known for being difficult to navigate without a car, making regular employment difficult for some undocumented immigrants.

Still, not everybody is happy that undocumented immigrants will be allowed to legally drive and work in Los Angeles if they qualify. Opponents have even called for the law to be struck down. However, in a state with a liberal history like California’s, that doesn’t seem likely to happen.

New York

Historically, New York is the place many people think of when they think of immigrants coming to the United States, though Ellis Island is actually in New Jersey. In fact, more than one million people came to the United States through New York Harbor and Ellis Island in 1907 alone. Today, New York still has one of the largest immigrant populations in the entire United States.

Health Care for Undocumented Immigrants in New York

statue of liberty

New York officials have made public statements urging undocumented immigrants to come forward and seek quality medical care when they need it.

Despite this though, undocumented immigrants feel afraid to seek health care from hospitals and doctors because they fear being fined, arrested, or deported.

In an open letter to the undocumented immigrant population of New York, Alan D. Aviles, President of the New York Health and Hospitals Corporation, and Fatima Shama, the Commissioner of Immigrant Affairs for the state, stated clearly that undocumented immigrants who came forward to get medical attention would not be reported to immigration officials, and that their status would be kept confidential.

The open letter also stated that all hospitals would provide quality healthcare to all, regardless of their immigration status and ability to pay. The letter was even translated and printed in 12 different languages in order to reach as many people as possible.

While the letter was received well by the general press, some have expressed concerns about how treating undocumented immigrants who could not afford to pay for services rendered would affect legal residents, especially at a time when the medical community is reeling from a lack of funds.

Thousands of Young Adults Receive Deferred Action Benefits

More than 50,000 applications have been received and approved by USCIS for the Deferred Action Childhood Arrivals Program, better known as DACA.

According to government figures, 53.273 requests had been approved under the program that started in August of this year and enabled defer deportations of young people who qualify.

Deferred Action

In three and a half years about 1. 5 million people were deported, something that never happened during the Bush Administration unlike President Obama’s Administration who never presented a specific project or supported immigration reform in Congress as did Bush in 2006 -2007.

Deferred Action Reform

On June 15th the Obama administration announced its deferred action program to allow undocumented young adults who came here before the age16 and who meet certain requirements to remain in the country legally for the next two years.

Fortunately, the political moment is increasingly favorable for comprehensive reform. The Republican Party has realized that it has to change its tune when it comes to immigration policy. On Sunday, Republican strategists Carlos Gutierrez and Charles Spies announced the formation of a new Super PAC, Republicans for Immigration Reform.

deferred action

Now that it’s not only Latinos and other immigrants who support the Obama Administration’s policy of offering deferred deportation to the undocumented youth, immigration reform is well underway. To speak with one of our experience Deferred Action Attorneys call (212) 944-9072 or click here to schedule a consultation.

Immigrants Celebrate Thanksgiving

The origin of Thanksgiving Day began in 1621. The governor of the colony of Pilgrims of Plymouth, Massachusetts, brought together members of the new colony and asked them to thank God for having survived the winter due to the fact that only half of the pilgrims survived winter. The governor invited the natives of the area to have dinner with the pilgrims. Pilgrims survived thanks to the solidarity of the natives.

Immigrants Celebrate Thanksgiving

Immigrants today should be welcomed like pilgrims were who were seeking religious freedom and a new life. A new life that allowed them to find happiness for themselves and their families. Many immigrants do not always live the positive experience that the English Pilgrims lived.

Immigrants Celebrate Thanksgiving

The history of this country is founded on the immigrant experience. Since the arrival of the pilgrims to the new generations of immigrants arriving from Latin America and Asia, the history of work that has raised the fundamental pillars of this country is based on immigrant’s effort. Therefore, they deserve to be welcomed.

On Thursday, thousands of immigrants celebrate this holiday with family gatherings in their homes where they will prepare a feast and give a prayer of thanks to God. If you need assistance with your immigration case and would like a free evaluation of your case or for a family member, please call (212) 944-9420. Our attorneys are there for you.

Immigration Reform Republicans Considering Support

Republicans sustained a catastrophic blow from the election results. Now they have decided to support immigration reform. Having opposed any law to favor the undocumented, the Republican candidate, Romney, after he opposed the Dream Act decided that he would support it. Unfortunately for the Republicans it was too little too late. The Latino community didn’t trust the conservatives anymore and they gave the President the preponderance of their vote. This tipped the election in eleven undecided States over to Barack Obama that resulted in his reelection.

Immigration Reform Support

Indocumentados y la inmigracion

John Boehner, the speaker of the House of Representatives, changed his tune as well. Before he was against any immigration reform; now he’s in favor of it. The Republican Party is so upset at the loss of the majority of the Latino vote, the black, women and the young that today the Republicans fear slipping into the status of a permanent minority party. The President won 72% of the Latino vote, only 28% voted for Romney. The Republican conservatives have figured out that they can’t win a national plebiscite without Latinos, women, blacks and the young. The result is that immigration reform will be front and center for Democrats as well as Republicans.

Democratic Immigration Reform

Immigration Reform

When the President announced his victory after the election, he promised in the coming weeks and months to fix the broken immigration system. The problem of 11 million illegal aliens is the elephant in the room. Latino organizations, businesses and agricultural groups will all hold the President and the Republicans’ feet to the fire to reframe the immigration dilemma by an amnesty. In the polls 65% of all voters favor legal states now for the undocumented; only 28% said they should be deported.

Click Here to schedule a private consultation to speak with one of our Immigration Attorneys.

U.S. ELECTION RESULTS HISPANIC VOTERS WIN

President Obama can thank the Hispanic Vote community for contributing to his reelection. Seventy three percent (73%) of Latinos voted for Obama; Romney’s share was only 27%. Romney’s brazen admonition to Spanish immigrants that he would worsen their lives in the U.S. to encourage them to self deport was not forgotten. The President promised to reform immigration law. This will be eagerly awaited.

Exit polls taken after people voted, indicated two thirds of voters said that undocumented workers should have a chance to apply for legal status. And many States are now saying that they will provide in-state college tuition for undocumented students.

Hispanic Vote Growth

Hispanic vote

The Republican Party is now reconsidering its positions respecting Latino voters. The increased disaffection of Latinos with the Republican Party resulted in the loss of eleven out of 12 swing states and thereby the defeat of Romney for the Presidency. Some conservatives like Marco Rubio, a Republican senator from Florida, warned Romney that he had to do more for the Latino community. But to win the nomination Romney had to convince the Republican right wing that he was solidly in their camp. This brought Romney to say he would make it miserable for Latino immigrants here so they would choose self-deportation.

While the proportion of white male voters has declined, the Latinos share of the Hispanic vote has surged. The Republicans are now saying that they misunderstood what was happening in the country and now the Republicans have admitted that they need to strive to include more Latinos into their base or else they will become permanently a minority party. Constant talk about protecting the borders isn’t helping them. They need to pay attention immediately in dealing with legitimating the 12 million undocumented here.

Hispanic Vote Surge

hispanic vote

President Obama in the 2012 election won an even larger share of the Hispanic vote than he did in the election of 2008. Ten percent of the nationwide electorate is now Hispanic. If the Republicans don’t pay attention to these statistics, they will perish. Romney first opposed the Dream Act and then after Barack Obama by executive order granted it, and when it became apparent it was successful, Romney supported it. The Spanish community felt after that they could not trust Romney. The Spanish community values church and family orientation and hard work. They want a share of the good life too and are sensitive to prejudice against persons with darker skins. They dislike favoritism of rich over poor. They want their children to be educated and have a promising future. Unless the Republican Party turns around to become helpful and cooperative in programs to allow these values to succeed, the Republican Party will shrink and die.

Proposal to Issue IDs to Undocumented Immigrants

Approved by a City Council Committee to Face Full Council Soon

When it comes to dealing with undocumented immigrants in our country, it has been obvious that certain states take initiative in acting in a fair and just way while others do not. California has the largest population in the country and twenty-seven percent of the population is accounted for by immigrants. This statistic is discounting the number of undocumented individuals. Being such a hub for immigrants, it only makes sense then, that the most populated Californian city would work towards giving immigrants, documented or not, opportunities that are just.

Proposal to Issue IDs to Undocumented Immigrants in Los Angeles

Earlier this year, Los Angeles stopped seizing the cars of those who were driving without a license. Months later, the police department announced that it would no longer report undocumented immigrants to federal authorities for low-level offenses, an act that previously resulted in the eventual deportation of these individuals.

Proposal to Issue IDs to Undocumented Immigrants in Los Angeles

Last week, a City Council committee unanimously approved a proposal to develop a city-wide identification card system. This proposal, if approved now by the full Council, would allow undocumented individuals to receive ID cards which would be more than beneficial in a number of ways.

Undocumented Immigrants Issues

The ID cards would, in addition to serving the obvious purpose of identification, would double as prepaid debit cards. Currently, as undocumented immigrants are unable to open bank accounts, they are forced into carrying large sums of money on their person. Many immigrants and immigrant rights advocates have spoken out that this places them in unnecessarily dangerous situations, making undocumented immigrants susceptible to robberies, which are, at times, quite violent.

This proposal, like all other efforts to increase immigrant rights, is faced with heavy opposition from conservatives. In this case, Ira Mehlman, a spokesman for the Federation for American Immigration Reform – a group that is a proponent of stricter immigration laws – has openly opposed this proposal for city IDs for undocumented immigrants claiming, “this city has bent over backwards to accommodate people who are in this country illegally… if Los Angeles is going to be issuing government IDs, how do they know these people’s true identities”?

They could be helping people establish a false identity. In tow with this opposition, others have argued that issuing IDs is a matter that must be resolved by the federal government. However, most proponents disagree with both arguments and are still propone issuing IDs to undocumented individuals. Los Angeles is not the first city to offer such a proposal. In 2007, New Haven became the first city to do so. Thereafter, many cities, including Oakland and San Francisco followed in New Havens’ footsteps. These cities have not experienced any of the negative effects as predicted by the opposition.

Will Los Angeles be able to achieve a position on the list of immigrant-friendly cities by allowing undocumented immigrants to hold IDs? Only the votes can tell.

U.S. Immigration Officers Ordered to Recognize Same Sex Couples

Obama Administration moves one step closer to greater freedom for immigrant partners in Same Sex relationship. There are immigrants, there are Same Sex couples, and then there are same sex couples in which one partner is an immigrant. While all of these groups suffer in terms of liberties, it not surprising that the latter group sees the least amount of liberties.

Same Sex Partners

Until recently, for example, in a deportation case of an immigrant who is in a Same Sex relationship, his or her partner would not be considered a family member. Last Friday, however, House Minority Leader Nancy Pelosi announced that the Obama Administration has directed ICE to include long-term Same Sex Couples in its interpretation of “family member.”

Same Sex Couples Interpretation

While Pelosi appreciates Janet Napolitano’s directive to recognize Same Sex couples, she believes that more must be done for immigrant Same Sex couples, and all Same Sex couples in general. Under the 1996 Defense of Marriage Act (DOMA), the federal government is restricted from extending federal benefits to married Same Sex couples. This barring of federal benefits, such as Social Security, is not only detrimental to couples, but it has been declared unconstitutional by Attorney General Eric Holder and President Obama.

Next month, the U.S. Supreme Court is expected to decide whether or not it will review certain cases that question the constitutionality of DOMA. In the meanwhile, there are hundreds of Same Sex couples that are suffering as a result of DOMA and scores of Same Sex couples with an immigrant partner that are undergoing additional hardships.

Same Sex Couples

One such case is that of the married couple Brian Willingham and Alfonso Garcia; they are continuously struggling to be considered one another’s family member with immigration authorities. After a traffic stop, Garcia, who entered the country at the age of 14 from Mexico, was given a deportation order. Until the Obama administration issued the directive to consider long-term, Same Sex couples family members, Garcia and Willingham struggled to prove their relation.

Same Sex Couples Directive

This directive is a just another step forward as it will serve as written guidance for immigration officials. It will work to help those families who are on the verge of being torn apart by deportation. This federal recognition of Same Sex couples as family members seems to place new hope for not only for immigration, but also for the LGBTQ community. We hope, now, that this step is one of many to help immigrant partners in Same Sex relationships. If you would like to speak with one of our experiences Attorneys regarding a same sex relationship matter, call us 212-944-9071 or contact us to schedule a consultation.