The Senate returned this week and the Immigration Debate continues…

The Senate returned from recess June 4^th and continues debate on Immigration Reform to find a common ground on several proposed amendments to the immigration Bill. The proposed legislation includes proposals for the Z Visa and other provisions which would provide a temporary legalization for thousands of illegal immigrants who are currently in the U.S., who entered before January 1, 2007. The proposed Bill in the Senate is not the most favorable to immigrants, since it includes large fines and eliminates many of the current family-immigration categories. Fortunately, representatives on the House side of Congress are also working on their immigration reform bill and immigration experts hope that many of the harsh provisions of the Senate bill will be taken out in the final version before it becomes law. I’ll keep you updated.

The Department of Labor (DOL) issues new rules governing labor certifications
The new DOL regulations include the following:

1) prohibits the substitution of alien beneficiaries on permanent labor certification applications,

2) provides a 180-day validity period for approved labor certifications wherein employers will have 180 calendar days within which to file permanent labor certification in support of a Form 1-140 Immigrant Petition for Alien Worker (Form 1-140 hereafter) with the USCIS,

3) prohibits the sale, barter or purchase of permanent labor certifications and applications, and most importantly,

4) requires employers to pay the costs of preparing, filing and obtaining certification. An employer's transfer to the alien beneficiary of the employer's costs incurred in the labor certification or application process is strictly prohibited. The rule makes clear an alien may pay his or her own legitimate costs in the permanent labor certification process, including attorneys' fees for representation of the alien.

IMMIGRATION QUESTIONS

Question: Hi, I have a question about the I-864 affidavit. I am in the US on an H-1B work visa and married to an American for 2 years. Now that we are filing my Green Card application, I need my wife to complete the I-864 to show she can support me. However, my wife is a a stay at home mom (taking care of our 11 month old child) and I provide the full income ($54,200/per yr) to support both of us, and our child. In this case, do I need a joint sponsor, since my wife cannot show that she can support us or what else can I do?

Answer: The affidavit you are referring to is called the I-864 Affidavit of Support, which is required to be completed by all U.S. Citizens and Permanent Residents who are sponsoring family members in filing I-485 Adjustment of Status applications (and I-130 Family Petitions for consular processing). All family members sponsoring relatives must complete the form and provide supporting documentation to demonstrate income, however, if the family member sponsor’s income does not meet 125% of the Poverty Guidelines, a Joint-sponsor can also be used (in addition to the family member, not in place of). In such a case, the Joint-sponsor must also demonstrate income eligibility and provide documentation to support it. In this instance, even though you are the “sponsored alien”, since you have been living together in the same household for more than six months, under USCIS regulations, you are allowed to use your income (documented by your most recent Income Tax Return, W-2 and past three months paystubs) on the I-864 to show that the total household income meets 125% of the Poverty Guidelines for 2007, which would be $21,462.00 for a family of three. Good luck!