HIV Waivers, Visa Lottery, and Worksite Enforcement

 

Earlier this year, in September 2009, USCIS finally issued a memo bearing good news for thousands of HIV infected foreign nationals. 

          Effective immediately, USCIS officers will no longer deny an application for a green card, if the only issue present is the applicant’s HIV status.  Though they will not approve these petitions just yet, they will hold all these cases until there is a final rule issued by the DHS on the former HIV-based inadmissibility statute. 

In other news, the DV Lottery period is upon us.  The window to file your lottery visa applications is from October 2, 2009 until November 30, 2009.  Remember that the government does not charge a fee to file lottery applications.  You may file your own application and upload a photo directly on the internet by visiting www.state.gov.  In the alternative, you could call our office – our processing DV-lottery fee is $100 per family.

The monthly Department of State Visa Bulletin for October 2009 is out.  It shows that the employment based third category of skilled workers has retrogressed by many years.  Citizens of Mexico, China, India, and Philippines have even longer wait periods. 

            Finally, there is trouble for employers who hire undocumented foreign nationals.  A local employer in Los Angeles will be firing over 1800 employees after a federal crackdown. 

     The Obama administration is quite proud of its work which resulted in these job terminations at American Apparel.  Mayor Antonio Villaraigosa called the dismissals “devastating,” and his office has insisted that the federal government should focus on employers that exploit their workers.

American Apparel has been recognized by City and community officials for not exploiting their workers.  They pay well above industry standards and also offer full benefits.  However, the Obama administration, under pressure from Republicans has chosen to punish this particular company and use it as an example to dissuade other employers from hiring undocumented immigrants. 

    No one, neither in the Federal nor in the State or local governments have any clue as to what will happen to the families of these laid off workers in this the most severe recessionary period since World War II.