sign in sign up
<<
Home , Visa Waiver Program

Border to Border

Ryan, Swanson & Cleveland, PLLC’s Update Newsletter

Winter 2008/2009

2010 Program (DV-2010)

Section 203(c) of the Immigration and Nationality Act (INA) provides a maximum of 55,000 Diversity Visas (DV) each to be made available to persons from countries with low rates of immigration to the . The list of countries can be found at www.dvlottery.state.gov. This year, Russia has returned to the list of eligible countries and Kosovo has also been added to the list. No countries have been removed from the list. Entries for the DV-2010 Diversity Visa lottery must be submitted electronically between noon, Eastern Standard Time (EST), Thursday October 2, 2008, and noon, EST, Monday, December 1, 2008. No entries will be accepted after noon, EST, on December 1, 2008. To apply, go to the website above and complete the Diversity Visa entry form (E-DV). Paper entries will not be accepted. Applicants are strongly encouraged to apply as soon as possible.

Supplemental Final Rule on SSA “No Match” Letters

On October 23, 2008, the Department of Homeland Although the regulation provides for a safe harbor, if the Security (DHS) issued a Supplemental Final Rule which employer ever has actual knowledge that the employee provides additional guidance on the regulation about what does not have authorization to work in the United States, employers should do when they receive “No Match” whether through a confession or the lack of work letters from the Social Security Administration (SSA). A authorization documents, the employer may be liable “No Match” letter informs the employer that the name and under immigration laws, regardless of whether or not the social security number which the employer submitted do employer received a “No Match” letter. The burden, not match the information in the SSA database. The rule however, is on the government to prove that the describes the obligations of employers who have employer has actual knowledge. received SSA No Match letters. It also provides that if the employer follows the instructions in the rule, the SSA Need More Information? provides the employer a safe harbor from allegations that Everyone at Ryan Swanson welcomes an opportunity the employer had constructive knowledge that the to show you who we are and how we can help you. employee mentioned in the “No Match” letter was not Your Seattle Immigration Group Contacts: authorized to work in the United States. Janet H. Cheetham [email protected] The regulation was originally proposed in June 2006 and 206.654.2235 issued in August 2007 as a Final Rule, when it was challenged in a federal court in California. The court in Joel H. Paget California issued a preliminary injunction, barring this rule [email protected] from taking effect. Despite the fact that the injunction is 206.654.2215 still in place and has not been lifted, the DHS issued this Supplemental Final Rule, claiming that it is different from Rachel Y. Huneryager the enjoined rule. In actuality, it is virtually the same. [email protected] 206.654.2253 DHS will now return to the court and ask that the injunction be lifted. www.RyanSwansonLaw.com

www.RyanSwansonLaw.com Border to Border

Ryan, Swanson & Cleveland, PLLC’s Immigration Law Update Newsletter

Avoid Traveling While Adjustment Application Ryan Swanson Personal Profile: is Pending Elizabeth (Liz) Krueger, Paralegal

When you have an Adjustment of Status application Our featured immigration group pending with USCIS, it is risky to travel outside the United member this month is Elizabeth (Liz) States. Usually, a (I-512) allows you to Krueger. Liz has been working at Ryan re-enter the United States after travel abroad while your Swanson for 14 years and has Adjustment of Status application is pending. However, “enjoyed every minute.” We asked her even if you obtain a travel document prior to traveling a few questions… outside the U.S., if your Adjustment of Status application Q: What do you enjoy most about the immigration is denied while you are abroad, you may not be permitted group at Ryan Swanson? to re-enter the United States. Thus, unless absolutely A: I really enjoy the people I work with and the collaborative nature of my team. The immigration group necessary, we advise you to remain in the United States comes together to strategize and create solutions that while your Adjustment of Status application is pending. result in better service to our clients. The Department of Homeland Security (DHS) does allow Q: How is the economy effecting immigration in the persons with pending Adjustment of Status applications United States? to travel on H or L visas if they are currently maintaining A: Many companies are experiencing lay offs or hiring such status. However, there is no such allowance for an freezes which impacts immigration. The downturn in the individual in another nonimmigrant status who has a economy forces us to be more creative in developing pending Adjustment of Status application. alternative solutions in helping employers and immigrants reach their objectives. Countries Added to Visa Waiver Program Q: What is one of the biggest challenges in your job? A: Part of helping clients understand the immigration The Visa Waiver Program (VWP) allows the citizens of process is explaining the timeline for each step of the selected countries (currently 27) to travel to the United way. It is stressful for clients to feel their life is up in the States for a maximum of 90 days for tourism or business air until the goal is reached. I try to help them with the without first obtaining . On October 17, 2008, transition by finding other ways to make them feel secure President Bush announced the imminent expansion of the while waiting. VWP to include the , , , Outside of work, Liz loves to cook, read, go for walks, , , , and . The and play with her two adorable daughters. Department of Homeland Security (DHS) announced that beginning November 17, 2008, nationals of these Did You Know? countries will no longer need visas for tourist and The Seattle Immigration Group can assist you with the business travel to the United States for up to 90 days, following immigration matters: provided they possess a biometric and register § Marriage-based petitions online through the Electronic System for Travel § Citizenship cases Authorization (ESTA). Please go to the Department of § Derivative citizenship State website at http://travel.state.gov/visa/temp/ § without/without_1990.html# for more information. Visit www.SeattleImmigrationGroup.com for more information.

We wish you a wonderful holiday season!

Ryan, Swanson & Cleveland, PLLC | 1201 Third Avenue, Suite 3400 Seattle, WA 98101 | 206.464.4224 | Fax 206.583.0359 | Toll-free 800.458.5973