Articles Posted in Comprehensive Immigration Reform

In an effort to keep more and more students with science and technology backgrounds in the U.S., DHS has added more science, technology, engineering, and math designated degree programs to the list of qualifying student visa extensions.

The recently added STEM designated-degree programs include pharmaceutical sciences, econometrics and quantitative economics. These programs qualify eligible graduates on student visas for an optional practical training (OPT) extension. Generally, OPT allows eligible international students to remain in the United States for up to 12 months while they gain work experience and receive training related to their programs of study. This is great for a student wanting to gain valuable experience in their field while allowing a company a chance to see if this person would be a good fit and worth sponsoring on another work visa.

For students who graduate with a STEM designated degree, they can remain for an additional 17 months on an OPT STEM extension. A student may be eligible for the 17-Month OPT STEM extension under the following circumstances:

On February 22, 2012, USCIS held an Information Summit on its recently instituted Entrepreneurs in Residence (EIR) initiative. This past week, USCIS released an Executive Summary on the Information Summit. Several principle themes were addressed at the summit, which the EIR Tactical team will work on addressing in the months to come.

Demonstrating the Legitimacy of Startups through Investments

USCIS acknowledged that many of the unique characteristics of startups and small businesses are also traditional indicators of fraud or ineligibility and asked stakeholders for input on what evidentiary criteria could help USCIS evaluate the legitimacy of startups. Several stakeholders commented that researching the investors of a startup venture can provide reliable information on the startup’s legitimacy. An investor will not invest if he or she doubts the founders and their organization. One stakeholder suggested creating a database of accredited investors to provide reliable information to USCIS. Other stakeholders recognized that it is easy to conduct a background check on domestic investors, but that it can be very difficult to conduct checks on foreign entrepreneurs who provide their own equity. When discussing the
subject of investors, stakeholders asked USCIS to provide further guidance as to how much equity the entrepreneur can own in the enterprise.

Understanding the Organizational Structure of a Startup

USCIS acknowledged that it is less familiar with the organizational structure of a startup than traditional large businesses. Several participants offered several common features of a startup enterprise, and suggested that USCIS could benefit from visiting the work locations of startups and other small business ventures. Several participants noted that a lack of office space had raised concern in their adjudications process. These participants explained that many startups are run out of more informal spaces such as a coffee shop or a living room, and that a lack of office space should not raise immediate concerns of illegitimacy. One participant explained that a startup company should be easily located on an internet search engine, and that internet searches were a reliable way to prove a small business venture’s legitimacy. Another participant explained that the roles and titles in a startup are more fluid. A startup can often lack the features of a big business such as a CEO and a board of directors, and one stakeholder explained that these features are often not established until funding is obtained. Participants emphasized that partnerships with big companies are easier to document than organizational structure. One participant reflected that most early stage companies do not create an organizational chart until USCIS asks for one. Another participant asked USCIS to provide information on how to structure small businesses and startups, and that venture capitalists and entrepreneurs will try and work within these standards.

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The U.S. Supreme Court heard oral arguments on Arizona v. United States today. This case concerns Arizona S.B. 1070, and in particular, the four parts that have had immigrants and many others in an uproar.

Most of the oral arguments today concerned the part of the law requiring state officials to check immigration status in some circumstances. Several justices said states were entitled to enact such provisions, which make mandatory inquiries to federal authorities from local police officers that are already commonplace.

Chief Justice Roberts said the state law merely requires that the federal government be informed of immigration violations and leaves enforcement decisions to it. “It seems to me that the federal government just doesn’t want to know who is here illegally or not,” he said.

In an interesting article from the N.Y. Times, more children of U.S. immigrants are moving back to their ancestral countries to pursue opportunities. In growing numbers, experts say, highly educated children of immigrants to the United States are uprooting themselves and moving to their ancestral countries. They are embracing homelands that their parents once spurned but that are now economic powers.

Enterprising Americans have always sought opportunities abroad. But this new wave underscores the evolving nature of global migration, and the challenges to American economic supremacy and competitiveness.

In interviews, many of these Americans said they did not know how long they would live abroad; some said it was possible that they would remain expatriates for many years, if not for the rest of their lives.

As he gathers with other movers and shakers at the White House on Thursday afternoon to witness President Barack Obama’s signing of the Jobs Act, AOL Inc co-founder Steve Case is already thinking ahead to the next cause he can help champion behind the scenes: immigration reform.

“Our work’s not done,” Case told Reuters in an interview, adding that he would still pause to celebrate the passage of the Jobs Act, intended to help start-up companies raise money and hold initial public offerings. Case lobbied heavily for the new law, milking his connections in the Washington area to build consensus around the legislation.

Now that the Jobs Act is completed, making it easier for highly skilled immigrants to work in the United States is one of the most important issues facing the startup community, said Case, who runs Revolution LLC, a Washington-based venture investment firm. Revolution focuses on Internet plays and has backed companies ranging from deals company LivingSocial to short-term car-rental service Zipcar Inc.

Because state laws requiring local law enforcement to verify citizenship are now tied up in the courts, some state lawmakers may focus instead on making daily life difficult for illegal immigrants. Of particular interest is a provision in Alabama’s law that invalidates all contracts entered into with illegal immigrants. “That is one that has a much greater effect than some people might expect at first glance,” said Kansas Secretary of State Kris Kobach, who helped write the law. But Karen Tumlin of the National Immigration Law Center complained the provision “has led to nothing short of chaos” in Alabama, as it has been “applied to a striking range of activities, from getting tags on your cars to getting public utilities to changing title on your cars.”

Still, that seems to be the objective for Kobach and some others: Create enough fear and uncertainty, and illegal immigrants will leave a state on their own.

An article in today’s San Diego Union Tribune confirms that, supporters of such measures said they are intended to make life difficult for the undocumented, with the goal of spurring them to return to their native countries or at least leave this region. The report, titled “Life as an Undocumented Immigrant: how restrictive local immigration policies affect daily life,” was released by the Center for American Progress, a think tank in Washington, D.C., that produces in-depth analysis of various issues targeted at policy makers and media. This study is the second in the center’s “Documenting the Undocumented” series, which began with a look at how immigration-related laws in Alabama were affecting the undocumented population there.

Two months before the Supreme Court hears arguments over Arizona’s controversial new immigration law, another courtroom battle will take center stage, this time over Alabama’s immigration crackdown.

On Thursday, the U.S. Court of Appeals for the 11th Circuit, based in Atlanta, will hear arguments over whether a state can pass tough new measures to crack down on illegal immigrants, a power typically reserved for the federal government.

The Alabama law, which took effect in September, requires police to check the immigration status of anyone they detain and suspect of being in the country illegally. Other parts of the law make it a felony for illegal immigrants to apply for or renew drivers’ licenses, identification cards or license plates.

President Obama predicted re-election in an interview this week with Univision Radio, telling a largely Hispanic audience he will use a second term to push comprehensive immigration overhaul. “My presidency is not over,” Obama said when asked about the failure to come up with an immigration bill. “I’ve got another five years coming up. We’re going to get this done.” Obama rejected suggestions that the lack of an immigration bill is a broken campaign promise, saying “we’re going to need help from Congress” and Republicans have blocked legislation.

The re-election candidate said his Republican candidates oppose comprehensive immigration overhaul, which involves tighter border enforcement as well as a pathway to citizenship for illegal immigrants who are already here. Obama also made what appeared to be a reference to Republican candidate Mitt Romney, who opposes legislation that would offer potential citizenship to illegal immigrants who attend college or join the military.

“So far, have we haven’t seen any of the Republican candidates even support immigration reform,” Obama said. “In fact, their leading candidate said he would veto even the Dream Act, much less comprehensive immigration reform.” Obama’s reference was to Mitt Romney’s own statements regarding how he would not support the DREAM Act as it stood. At a debate in Florida, Mitt Romney reiterated the harder stance he took Iowa and South Carolina by saying that “I’d just noted that’s the same position that I have, and that’s that I wouldn’t sign the Dream Act as it currently exists, but I would sign the Dream Act if it were focused on military service.” Even changing his stance slightly, Mitt Romney shows that it is not enough having good moral character and wanting to go forward with a college education should help put a child out of status on the path to legal status. It is amazing how Mitt Romney and others who tout a hardline stance for immigration cannot imagine being in that situation, since they would likely change their tune if it was one of their own relatives who suffered in the same situation.

It looks like another state might be following California’s example soon. Immigrant students in New York City have gotten the attention of assemblymen in the New York state assembly.

The teens from Brooklyn and Queens are pressuring the polls to pass legislation that would help young people without papers get aid for higher education.

“I’m going to tell them that people like me, we want to succeed, we want to go to college,” said Katherine Tabares, 16, a senior at International High School. She left Colombia for Corona, Queens, two years ago and overstayed a tourist visa after her mother decided to remain in the city. She’s racked up 21 college-level credits and wants to become an environmental engineer — but won’t get state aid for higher ed because she doesn’t have a green card.

A number of measures to help startups and support entrepreneurs have either been introduced in Congress or on their way. But if lawmakers don’t act on them by early Spring, their sponsors are doubtful they’ll come to pass this year.

Yesterday, President Obama sent Congress a new Startup America Legislative Agenda to accelerate startup and small business growth following his State of the Union Address last week. The agenda lays out his legislative vision as well as his intent to proceed with a series of administrative reforms that would be completed in the future.

Among these are several key immigration initiatives to be implemented at some future point by the Department of Homeland Security and the Department of State. These include: