New York, December 2008
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SEVEN NEW COUNTRIES ADDED TO U.S. VISA WAIVER PROGRAM
 Washington,
D.C. - On November 17, 2008, the Department of Homeland Security announced that the
Visa Waiver Program expanded to include the following countries:
Lithuania, Slovakia, Estonia, Hungary, Korea, and the Czech Republic. These
seven countries joined the existing 27 countries already participating in the
Visa Waiver Program including: Andorra, Australia, Austria, Belgium, Brunei,
Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan,
Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway,
Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the
United Kingdom. Under the Visa Waiver Program (VWP), eligible citizens of
participating countries can travel to the United States for business or tourism
purposes for stays less than 90 days without obtaining a visa. In order to be
eligible for the VWP, the country must meet security requirements such as data
sharing policies with the United States and advanced law enforcement. There are
currently a total of 34 countries participating in the
Visa Waiver Program. In
order to provide an additional layer of security, new regulations will take
effect on January 12, 2009 for all Visa Waiver Program participants. These
security regulations will require Visa Waiver Program travelers to first obtain
prior authorization before they are permitted to travel to the United States.
“ESTA,” or the Electronic System for Travel Authorization, is an automated,
web-based system that determines the eligibility of individuals who desire to
travel to the United States under the VWP. The Department of Homeland Security
notes that ESTA is free, easy to use, and is available in over 10 languages.
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LAW PROFESSOR TO LEAD OBAMA’S IMMIGRATION TEAM
 Sacramento,
CA - President-elect Barack Obama named Mariano-Florentino (“Tino”) Cuellar,
a Stanford University law Professor, to lead the new administration’s
immigration team. Mr. Cuellar previously advised Senator Obama during his
election campaign and beginning in January will head one of the seven working
groups that will develop policies for Obama’s first several months in office.
Once Senator Obama is sworn in as the 44th President of the United States, he
will grapple with a myriad of immigration issues such as immigration reform,
border security policies, and whether to continue implementing immigration
enforcement raids. Experts comment that the appointment of Tino Cuellar strongly
indicates the President-elect’s support for
immigration reform and his desire to make it a top priority for 2009. Mr.
Cuellar brings many years of experience with him, and has earned the respect and
trust of many of his colleagues. John Trasviña, president of the Mexican
American Legal Defense and Educational Fund, remarks that Tino Cuellar is
“brilliant beyond his years.” Others applaud Mr. Cuellar’s strong grasp of the
big picture of American immigration policy and cite his extensive knowledge of
issues pertaining to economic development, trade, and migratory flow impact.
Timo Cuellar is 36 years old and was raised on the U.S. – Mexican border. He
earned his bachelor’s degree from Harvard University, his law degree from Yale
University, and his PhD in political science from Stanford University. Dr.
Cuellar has previously worked for the U.S. Treasury Department under the Clinton
administration, where he worked to combat money-laundering. Immigration analysts
comment that because Mr. Cuellar grew up in a border town, he has a special
understanding of the implications of
border
security and will possess strong opinions about the expansion of border
fences.
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PRESIDENT-ELECT OBAMA PREDICTED TO TAKE STUDENTS AWAY FROM THE UNITED KINGDOM
 London,
England - Economic analysts predict that the election of Barack Obama will
sway more foreign students to apply to schools in the U.S., negatively effecting
enrollment numbers in the United Kingdom. Reasons for the increase include
diminishing anti-American sentiment, relaxed visa requirements, and cost. It is
believed that the election of the Obama administration will help to lessen the
negative perceptions of the United States that developed predominantly in
response to the war in Iraq. In addition, with the expansion of the Visa Waiver
program coupled with increasingly relaxed
visa requirements for students, it is
now less cumbersome to come to the United States to study. Cost also remains an
important factor for international students, and for many, it is cheaper to
study in the United States than in the UK. Moreover, while the U.S. is offering
more relaxed
visa requirements, the UK is tightening visa requirements, making
it even more difficult for potential students. Officials at UK universities have
expressed concern over dwindling enrollment, as foreign students are a lucrative
source of income, sometimes paying over $12,000 per year. It is interesting to
note that even before the change in administration, the United States has
noticed an increase in international students. In 2007, for example, 623,805
foreigners studied in the U.S., accounting for a 7 percent increase from 2006.
Overall, it is estimated that foreign students constitute 10% of the total
undergraduate population in the U.S.
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500,000 ILLEGAL IMMIGRANTS DEFYING DEPORTATION ORDERS
 Washington,
D.C. - Over 500,000 illegal immigrants are believed to be residing in the
United States, despite receiving deportation orders. In the recent years, U.S.
Immigration and Customs Enforcement (ICE) began launching advanced efforts to
capture undocumented immigrants, or “fugitive aliens” as they are known to
immigration enforcement officials. “Fugitive aliens” constitute immigrants who
sought asylum in the U.S. but were rejected and ordered to leave, or those who
were caught entering or living in the country illegally and failed to show at
their deportation hearings. ICE officials maintain that they do the best job
possible with the resources available, and that their primary focus is to deport
illegal immigrants who have committed crimes in the United States. Despite the
500,000 immigrants defying deportation orders, immigration enforcement still
appears to be effective. Nearly 350,000 illegal immigrants were
deported in
2007, and approximately 34,000 deportation arrests were made in 2007, a 50%
increase from 2006. Immigrants who receive deportation notices and don’t have
criminal histories are often given a specified amount of time to leave the
country, and are not forcibly removed by U.S. officials. As such, deportation
notices sometimes go ignored and individuals continue to remain living in the
United States. Provided that criminal involvement is avoided, it not uncommon
for undocumented immigrants, even those with deportation orders, to live their
entire life undetected in the United States. It is estimated that a total of
over 11 million illegal immigrants resided in the United States in 2007.
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INVESTMENT IN U.S. SKI RESORT OFFERS GREEN CARD
 Montpelier,
VT - A ski resort investment opportunity in northern Vermont could translate
into green cards for involved parties. Under the EB-5 visa program, an
investment of $500,000 in an American company could provide a
Green Card, or
lawful permanent resident status in the U.S., for the investor, spouse, and any
children under age 21.The EB-5 visa program was created in 1992 and is
administered by the United States Citizenship and Immigration Service (USCIS),
formerly known as the INS. There are no age or education requirements under the
EB-5 visa program, but the potential green card holder must invest at least
$500,000 in a high unemployment area, and 10 jobs must be created with each
investment. After 5 years, the investors are eligible to apply for
U.S.
citizenship. Jay Peak resort, a 4,000 acre luxury ski lodge and hotel, will have
a 4,000 foot mountain peak and championship golf course. The year-round
recreational destination is budgeted at almost 100 million dollars. 100 foreign
investors have already invested, and the developers are still seeking an
additional 200 for both phases of the project. Senator Patrick Leahy (D-VT)
spoke about the program while he was on a trade mission to Ireland. He
referenced the ski resort investment opportunity as mutually beneficial for both
the U.S. and Ireland, as it will bring capital and job opportunities to America
while also allowing Irish nationals to live in the United States. Advocates of
the EB-5 visa cite that the program is a way to create American jobs with
foreign capital. There are 32 investment visa projects currently in the country
that range from investment in inner-city development to almond nut farms. The
EB-5 Visa Program is expected to only get stronger, especially as the United
States combats a recession and continues to seek foreign
investment. This year
alone, approximately 1,000 immigrants obtained green cards through the EB-5 visa
program. The majority of EB-5 investors are from the United Kingdom.
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TWO IRISH AIRPORTS TO OFFER US-BOUND CLEARANCE
 Dublin,
Ireland - Dublin and Shannon airports in Ireland are scheduled to offer full
U.S. Immigration and Customs clearance on flights heading to the United States,
establishing Ireland as the first country outside of the Americas to offer this
pre-flight clearance. At present, both airports already offer
immigration
clearance, but now customs and agriculture clearance will also be offered. Thus,
flights from Shannon and Dublin will be treated like domestic flights in the
United States, as passengers will be enabled to undergo immigration and customs
checks before they even board the plane. Besides a reduction in travel time,
implications for this new measure include that trans-Atlantic flights
originating from Shannon and Dublin airports can fly into less expensive
airports in the United States, resulting in a price decrease for consumers. As a
result of these new measures, British Airways announced that some flights from
London to New York’s JFK airport will now include a stopover at Shannon airport,
so passengers can benefit from reduced travel times once they reach the United
States. Currently, only airports in Canada and the Caribbean offer full
immigration checks for US-bound passengers.
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511 Avenue of the Americas # 45
New York, NY 10011
Phone: (646) 233-3836
Fax: (646)792-3296
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