All posts by Cheng, Cho, & Yee, Immigration Lawyers

Chicago Launches Campaign to Protect Immigrants

Chicago has recently launched a campaign to support the refugee and immigrant population in the city. With developments in immigration and deportation, many undocumented immigrants in Illinois are seeking legal information from an immigration lawyer in Chicago.

The One Chicago Campaign

In May 2017, Chicago’s mayor, Rahm Emanuel, and several other prominent Chicago residents kicked off a campaign called “One Chicago” to support the refugee and immigrant population living in the city. Since Mayor Emanuel’s grandfather came to the United States as an immigrant at age 13, the mayor has a vested interest in the welfare of the large immigration population living in Chicago.

The campaign was developed in response to President Trump’s threats to cut off funding for sanctuary cities around the country. The One Chicago campaign was launched at the DuSable Museum of African American History with a powerful campaign slogan: “Three million residents, three million stories, one Chicago.”

Undocumented Immigrants in Chicago

Undocumented immigrants currently make up about four percent of the population in Illinois, with a large concentration in Chicago. They fill a need within many important industries and contribute over $900 million in local, state and federal taxes, yet many are living in fear of deportation. Due to the President’s current anti-immigration agenda, many Chicago immigrants are concerned about their jobs and their future.

The fear of arrest and deportation has caused many immigrants to seek legal assistance through an immigration lawyer in Chicago. Statistics from Immigration and Customs Enforcement (ICE) revealed that 41,000 undocumented immigrants were arrested within the first 100 days of Trump’s presidency. While the majority of these arrests involved immigrants with criminal convictions, a percentage of arrests included immigrants with no criminal backgrounds. The Trump administration has arrested 18,845 immigrants.

Many immigrants flee to the U.S. as a result of hostile living environments in their home countries, while others have family ties in the States. With proper help and time, the 600,000 undocumented immigrants currently living in the U.S. can obtain some form of citizenship status. The One Chicago campaign is a positive step to protect the immigrants living in Chicago. Other cities around the country are also taking aggressive steps as sanctuary cities to protect the rights and freedoms of immigrants who came to the U.S. for a better life for themselves and their families.

Alternatives to the H1-B Visa for Workers

The H1-B visa is the most popular, but not the only employment-based visa available to foreign workers. The best immigration lawyers can explain possible alternatives to the H-1B visa program.

The H-1B Visa Program

The H-1B visa program allows U.S. companies to temporarily employ foreign workers in occupations that require a bachelor’s, master’s or doctorate degree and highly specialized knowledge. Specialty occupations include engineering, science, information technology, education, research, and other specialized fields. On an H-1B visa, an immigrant is allowed to stay and work in the U.S. for a three-year period. Under certain circumstances with assistance from the best immigration lawyers, the time period may be extended up to a maximum of six years.

The H-1B visa program is capped at 65,000 visas each year. The annual cap does not apply to the first 20,000 visa petitions filed for workers with a master’s or doctorate degree. H-1B workers who are requested by or employed by an institution of higher education or its affiliates and nonprofit entities, nonprofit research organizations, or government research organizations are also exempt from the annual cap.

H-1B Alternatives

L-1 Visas

If a worker has been employed by a foreign company that has a parent, branch, or affiliate operation in the U. S., the worker may qualify for an L-1 visa. L-1 visas come in two types: L-1A visas are for company executives and managers; L-1B visas are for workers who have specialized knowledge. The L-1A visa also allows an executive to come to the U.S. to open a new office for the foreign company. There is no annual cap on the number of L-1 visas that can be issued. The L-1A visa is good for seven years, and the L-1B visa is good for five years, however, both of these time periods count toward the six-year limitation on an H-1B status.

Green Cards

Certain workers may bypass the H-1B visa process and opt for a green card process. The availability of a green card option can vary based on a worker’s personal circumstances. Since the green card process is not limited to employer sponsorship, it may be an advantage to workers. Green cards can also be sponsored by a qualifying U.S. citizen or lawful permanent resident, green card holder, family member. Some workers may qualify for an asylum-based or investment-based green card application through the best immigration lawyers without the need for any sponsorship.

Three Things Every Business Owner Should Know About ICE Audits

Immigration-related fines for businesses increased in August of 2016, but the total number of U.S. Immigration and Customs Enforcement (ICE) audits was declining prior to Donald Trump taking office. The Trump administration has focused heavily on immigration enforcement and is expected to continue doing so. Businesses should expect and be prepared for ICE audits. The following information can help business owners avoid fines and being caught off guard.

Internal audits

Businesses should review all hiring and other human resources policies to ensure written guidelines are up-to-date and being followed by all personnel. Doing so can catch any discrepancies and oversights that could potentially result in unnecessary disruptions to business and thousands of dollars in fines. An immigration attorney can advise on any possible changes to immigration policies that may affect businesses that hire foreign-born workers.

I-9 Employment Eligibility Forms

The I-9 Employment Eligibility forms are used to verify every employee is legally qualified to work in the United States. The U.S. Citizenship and Immigration Services (USCIS) provides webinars and other training tools for human resources personnel to help ensure necessary forms are completed properly and filed correctly. There are some complex nuances regarding how any errors on the forms must be corrected and how to establish a clear audit trail if errors were made by the employer or the employee when filling out the forms.

If an ICE audit occurs

Businesses must not attempt to correct any errors on I-9 documents after they have received a Notice of Inspection from ICE. Agents typically arrive at businesses without providing any Notice of Inspection. Agents will review documents and ask questions about I-9 policies. Companies are not required to respond to all ICE requests immediately.

After the ICE audit is completed, ICE should provide the business with a written notification of the results. This notice will highlight any I-9 form issues or those that appear suspicious. ICE may also state the agency intends to level fines and conduct further investigations or that the business was found to be fully compliant. If ICE does give an intent to fine notification, businesses have 30 days to either negotiate a settlement or request to have a hearing. An immigration lawyer can advise businesses on the best course of action based on their situation and a review of the ICE audit.

What to do When You Overstay Your Visa

According to the Department of Homeland Security, nearly 629,000 individuals overstayed their visa in 2016; This is an increase from approximately 500,000 in 2015. These overstays include individuals in the US on tourist, business, or student visas. Most individuals who stay are from countries that are not part of the visa-waiver program. The penalties for overstaying a visa can be significant and it is important for individuals to address the issue of an overstay as soon as possible.

The Penalty for Unlawful Presence

Overstaying a visa can lead to a ban on reentering the US for a period of time. This period varies depending on the severity of the overstay. For individuals who overstay their visa by more than 180 days but less than 1 year, they can be barred from reentering for a period of 3 years. For those who stay longer than 1 year, the ban can last for 10 years. Those who attempt to illegally enter the US during these periods can receive a permanent ban.

Those Not Subject to Bans on Reentry

Individuals won’t be subject to bans on reentry if they meet certain criteria. For example, they were under the age of 18, had filed an asylum application, had a pending application for adjustment of status or an extension of status, etc. Bans on reentry are also not assessed to beneficiaries of family unity programs or those who are in the US with Temporary Protected Status. Others who are also exempt from reentry bans include victims of human trafficking and those who can demonstrate that domestic violence from a partner prevented them from leaving the US prior to the expiration date on their visa.

Securing Waivers

There are certain circumstances that allow for the issuance of waivers to deportation or bans. These include circumstances that would create extreme financial or medical hardship on dependents. This can be difficult to establish and the USCIS won’t issue waivers for common hardships such as the severing of community relationships, loss of employment, loss of career opportunities, or cultural adjustment.

A Chicago immigration lawyer can help individuals explain the reasons for the visa overstay and demonstrate the negative impacts that a deportation or visa ban would have on the individual and their family. Because the penalties can be severe, and because waivers can be difficult to secure, it is crucial not to delay in contacting an immigration attorney for assistance.

The Cost of Compassion in a Sanctuary City

Like many other sanctuary cities across the United States, Chicago is quickly discovering that freedom for immigrants comes at a cost. As President Trump’s plan to cut federal funding for cities that refuse to back down continues to try to compel these safe havens to cooperate, Chicago Mayor Rahm Emanuel assures Chicago residents that the city will remain a sanctuary for undocumented immigrants.

What is a Sanctuary City?

The term “sanctuary city” refers to a state or local jurisdiction that refuses to comply with federal orders to detain immigrants who are undocumented, or in the United States illegally. These jurisdictions typically adopt policies that limit cooperation with federal immigration authorities. Chicago has joined more than 300 other government jurisdictions (about 106 of which are cities) across the nation in claiming sanctuary status.

Although critics assert that sanctuary cities threaten the safety of everyone in these communities by allowing violent or otherwise dangerous criminals to go free, in fact, the opposite is true. Recent studies have revealed that Trump’s immigration crackdown is already causing a significant negative impact on violent crime and the trust between immigrants and local law enforcement that comes with being a sanctuary city is an effective remedy. According to reports, undocumented immigrants in safe havens like Chicago are more likely to report crimes and being victims of violent acts, and are more apt to assist with solving crimes and providing testimony when they don’t have the fear of deportation hanging over their heads.

How Much Does Chicago Stand to Lose by Remaining a Sanctuary City?

Forbes reports that major cities like New York, Chicago, San Francisco and Washington, D.C. have the most to lose. According to the Center for Tax and Budget Accountability, should the law that will tie federal funding to immigration compliance pass, Chicago alone could stand to lose approximately $1.33 billion in 2017. In FY2016, Chicago received the second highest amount of federal funding on a per capita basis, second only to Washington, D.C. And recent reports reveal that the city received about $1,942 in federal funding per person which equals nearly $8,000 per family of four and a whopping $5.3 billion total.

While a few cities, like Miami, FL have already reversed their sanctuary status because of the fear of lost funding, Chicago means business. Mayor Emanuel continues to vow that Chicago is a welcoming city, and plans to support the freedom of immigrants despite the cost.