Visa Lawyer Blog

by

Here is a trivia for Monday morning for you. He is at the heart of a great culture war in Texas – and the nation, credited with bringing us prosperity and blamed for abusing our resources. How should we deal with this stranger among us? Read what the Dallas news has to say about the man of the year – The Illegal Immigrant.

Immigration legal and illegal is certainly going to be the biggest issue in 2008, you will see.

by

The H1B season is certainly here, USCIS announced that effective January 30, 2008, certain cap exempt H-1B petitions should be filed with the California Service Center, where they will be processed by a dedicated unit. It seems that the government is getting ready for the massive filing attack due on April 1, 2008, so they are taking steps to ease the pressure.

What H1B cases are actually cap exempt?
H-1B “cap exempt” petitions, as referenced here, include petitions filed by:
• Institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
• Nonprofit organizations or entities related to or affiliated with institutions of higher education; and
• Nonprofit research organizations or governmental research organizations, as defined in 8 CFR 214.2(h)(19)(iii)(C). Such institutions and organizations can indicate that their H-1B filing is cap exempt by marking Form I-129 (Petition of Non-Immigrant Worker) with a “yes” answer to questions 1, 2, or 3 in Part C of the H-1B Data Collection and Filing Fee Exemption Supplement (page 10).

h1b-2008.jpg

Continue reading

by

Immigration legal and illegal, provides one of the clearest contrasts between the parties. While both Democrats and Republicans advocate various enforcement measures, most of the Republican contenders refuse to accept legalizing an estimated 22 million undocumented immigrants now in the U.S.; all the Democratic contenders support it. GOP candidates have highlighted their hard line approach, while Democrats have generally avoided the topic unless asked.

Below is a CNN summary of the candidates’ take on immigration. Click here to read more

by

I was invited to comment on the State of Union speech yesterday on the Rick Amato Show, it was obvious that the President was going to mention the Immigration issue, and he did. He briefly mentioned that Congress has a responsibility to fix our broken system.

I am very optimistic, McCain’s win in Florida today maybe an indication that we are getting ready for a possible change. The foreign Born community in thid country will support the Candidate that will take a chance on immigration reform. Ruben Navarrette Jr.writes today:

For the foreign-born, many of whom care deeply about the immigration issue, maybe the person who deserves their support in November isn’t the candidate who voted to build a wall along the U.S.-Mexican border (Barack Obama) or the one who equivocated on giving illegal immigrants driver’s licenses only to cave in and oppose it (Hillary Clinton). Maybe it’s the guy who stuck his neck out and co-sponsored with Ted Kennedy, no less, a comprehensive immigration reform bill that offered a path to legal status and made him a pariah in his own party.

Continue reading

by

We process numerous EB1 cases at the firm, I consider theses case to be the most difficult and challenging to win. Take for example the recent AAO non precedent denial of an EB1 case. The AAO upholds the denial of an I-140 petition for classification as a research scientist of extraordinary ability, finding that the petitioner failed to establish sustained national or international acclaim. Evidence in many of the categories was rejected as not setting the individual apart from others in the field.

The EB-1 visa is an immigrant visa, which allows foreign nationals with ‘extraordinary ability’ in the sciences, arts, education, business, or athletics to obtain permanent residency in the U.S. The achievements must have been demonstrated by sustained national or international acclaim be recognized in the field through extensive documentation.

Read the court decision here Download file

by

A few days ago, the government announced that Assistant Secretary Myers signed a memorandum of agreement with the Deputy Foreign Minister for Vietnam regarding the repatriation of Vietnamese nationals who have been ordered removed. The agreement will enter into force in 60 days.

The repatriation agreement is the culmination of almost a decade of negotiations between the United States Department of State and the government of Vietnam. Under this agreement, Vietnamese nationals who arrived in the United States on or after July 12, 1995 are subject to return to Vietnam. To date, this will affect approximately 1,500 Vietnamese nationals currently living in the U.S.

Read the press release Download file

by

It is amazing to see the reaction from the public across the globe to Heath Ledger’s death. Maybe it is because he is so different from the regular hollywood crowd, maybe because in this day and age he was really a nice guy.

I didn’t know him in person but, I was assisting a client working in the movie “Dark Knight” to obtain a work visa. The movie was filmed in Chicago this past summer. My client often told me about the work process and among other things working with the star Heath Ledger. He was such a kind talented star, everybody just liked him.

I send my deepest sympathy to his family and say to them that they are not mourning alone. The US also lost a great immigrant actor.

by

Many of us living in border cities like San Diego are used to crossing the border to Mexico as a matter of routine. Upon entry all we had to do is state US Citizen, to the USCIS officer and he would let you in. This is all changing as of January 31, 2008. On January 31, DHS is ending this practice such that oral declarations alone to prove identity and citizenship will no longer be sufficient. Visitors will be asked to present certain documentation from a specified list when entering the United States at land or sea ports of entry.

Expect longer lines at the Ports of Entry.

Read the DHS press release here

by

I read an interesting article on Informationweek.com regarding the Tech Skill shortage in the US. The fact is that we do have a shortage of qualified skilled tech workers whether you like it or not. How do I know that for a fact? Well maybe due to the fact that more than 300,000 skilled workers filed for H1B visas last year, competing for a mere 65,000 slots. Or maybe the numerous calls that we and thousands of other Immigration lawyers across the country get from worried employers concerned about what is going to happen this year.

Well last year the H1B quota was filled in the first day applications were received. In fact, so oversubscribed was it that the USCIS had a lottery to decide which of the almost 300,000 applicants will be fortunate enough to receive a Visa.

The unsuccessful applicants got their applications returned, together with their filing fees. We all expected that the visa numbers will be increased, but this never happened. Several large companies such as Microsoft, Apple and Dell have been lobbying hard for such an increase, but that has not produced any results so far.

Continue reading