The U.S. Department of Education has launched a website designed to help non-English speakers learn English. For readers, please consult the Link Below for more information.
USCIS announced last week that it has extended Temporary Protected Status for Hondurans. For the benefit of readers we provide the link below for additional information on obtaining an extension of TPS status.
In a recent posting on the Message Board of the American Immigration Lawyers’ Association evidence was discussed indicating that the Department of Homeland Security(”DHS”) is inclined to extend Temporary Protected Status (”TPS”) for El Salvadorans in the U.S. According to the posting, DHS transmitted a draft of a Federal Register notice to the Office of Management and Budget (”OMB”) proposing the extension. Once OMB approves the notice the next step would be for it to be executed by the DHS Secretary and then delivered to the Federal Register for publication. We are hopeful that this process eventuates and that TPS beneficiaries will be able to extend their status for an additional period beyond March 2009 of next year. ¼/p>
For aliens from nations that are considered to have relatively low levels of immigration to the U.S., the Department of Homeland Security and the State Department have created the Diversity Visa Lottery (DVL) program. Undocumented aliens seeking to adjust their status should pay close attention to this program, which is a once a year opportunity for legalization afforded by the U.S. Government. For readers interested in learning more about the Diversity Visa Lottery program, please review the instructions via the link provided below. The DVL opens October 3, 2008 and closes December 2, 2008.
2009 Diversity Lottery Instructions
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Secrets, Secrets: How to Keep Them Secret
For business persons applying for investment type visas like E’s and L’s, or even H-1B’s, one of the most off-putting aspects of the process is having to disclose confidential information, including trade secrets, to the immigration authorities. For example, applicants for E-visas and L-1 visas (involving new enterprises) often must disclose a company’s business plan. L-visa petitions almost always require the petitioner to disclose information about corporate structure and the financial relationships between and among subsidiaries. Where foreign nationals are sought to be employed in connection with the use of controlled technology, subject to export restrictions, as previously reported, Visa Mantis investigations can require the applicant to provide material disclosure concerning the technology involved. In a very recent and very instructive decision issued by the Administrative Appeals Office (AAO) [File No. WAC 07 277 53214 (7/22/08)], concerning the definition of “specialized knowledge” (in the context of an appeal from a denial of an L-1B petition), the AAO discussed the petitioner’s argument that it decided not to provide information relevant to the issue of “specialized knowledge” because it claimed the relevant information was “confidential” and could not be disclosed. The AAO made short-shrift of the argument, elaborating, in footnote 14 of its opinion, that the Freedom of Information Act and Trade Secrets Act provide adequate “protection of a petitioner’s `confidential business information’ when it is submitted to the USCIS.” Particularly instructive was the AAO’s reference to Executive Order 12600, entitled “Predisclosure Notification Procedures for Confidential Commercial Information” (1987). After defining what constitutes “confidential information,” the Executive Order indicated that agencies would have the opportunity to develop procedures to process confidential information and address issues of disclosure. According to the Executive Order, if in the context of a Freedom of Information Act (FOIA) request, an agency takes issue with the “confidential” designation, it shall notice the submitter of such information and provide it an opportunity to object. Similarly, if a third party seeks to compel disclosure on the basis of a lawsuit filed pursuant to the FOIA, an agency’s procedures shall afford the submitter notice of such lawsuit so that it has the opportunity to intervene and object.
The upshot is that if a petitioner is obliged to disclose “confidential information” to the USCIS, such information should be specifically designated “confidential information” through the use of a “Confidential” legend placed on the document in tandem with an employer’s letter, which includes reference to the confidential information and the basis for the designation. In sum, current law provides that USCIS cannot disclose “Confidential Information” designated as such. The point is to identify such “Confidential Information” and make at least a basic argument as to why such information should be protected. One issue not addressed by the Executive Order is information that is deemed “confidential” on the basis of an agreement between the petitioner and a third party. With respect to this situation, the legal issues can be more complex, unless disclosing “confidential information” as part of an application to the government is an exception to the general rule common in such agreements that disclosure is prohibited. ¼/p>
This entry was posted on Monday, September 1st, 2008 at 9:45 pm and is filed under Investors, Miscellaneous, Professionals and Members of Specialty Occupations. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site. Edit this entry.
