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Immigration Law

US Immigration Matters

Topics related to Immigration Law and the US Government.
By Annie Banerjee

Post Frequency: 0.9/day

Last Entry: May 17, 2013 at 16:53:00

Special Consideration for Irish in the Immigration Bill?

Posted on May 17, 2013
The history of Immigration in the USA goes right along the history of slavery, and can be described by one word: Discrimination. The Asians were not even allowed to enter, because Immigration was restricted to people "from Caucasian descent."In 1923, when Bhagat Singh tried to get Citizenship, claiming that he was "Caucasian" (Indians are Caucasians by race), the US Supreme Court ruled that Indians could not assimilate into the "white society", that East Asians were barred from immigrating, and applied it retroactively, denaturalizing all Asians given the Citizenship previously...

The LGBT Amendment

Posted on May 09, 2013
Sen Patrick Leahy has introduced an amendment on the Senate immigration bill introduced by the gang of 8, to allow LGBT couples in long term relationships to get immigration benefits. And even though I am a liberal, and whole heatedly support gay rights, I think this amendment should be considered if and only if the Supreme Court leaves DOMA intact...

Travel on H-1B

Posted on May 07, 2013
Please note that this is advisory ONLY. Anytime you travel, whether you are let in is purely up to the discretion of the CBP officer at your port of entry. H-1B visa stamping is difficult in India, especially for smaller software companies...

The merit based system

Posted on April 30, 2013
While a lot has been said about the 11 million illegal immigrants in the proposal by the Gang of 8, nothing has been said about the merit based point system. This is business friendly, and hopefully both Republicans and Democrats can agree on this...

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High Tech vs Low Tech

Posted on April 12, 2013
Mark Zuckerberg created a PAC for Immigration Reform. The debate on Immigration is now between high skilled workers vs the undocumented people. The tech industry vs the fruit industry. The Republicans vs the Democrats.Yes, we need fruit pickers...

H-1B Cap

Posted on April 08, 2013
USCIS announced that it has received approximately 124,000 petitions. The cap is 20,000 for US Master's Degree holders and 65,000 for general. USCIS has received more than the amount in all categories. Thus it will do a lottery for the 20,000 Master's Degree holders first...

The Unnatural H-1B quota

Posted on April 05, 2013
Our laws impose the completely unnatural, unrealistic, uncapitalistic quota of 65,000 (plus 20,000 for US Master's Degree holder) visas for H-1B, a visa reserved for professional skilled personnel. Since the government year starts on October 01, and they accept visa applications 6 months before, the first day one can file the petition is April 01...

What the illegal immigrant can do now

Posted on February 22, 2013
Will an Immigration deal be reached? Who knows? But what an an illegal Immigrant do to prepare?Usually Immigration legislation stops on the day it is passed. Thus the benefits accrue to people who were physically present in the United States before that date or earlier...

Back of WHICH line, Mr. President?

Posted on February 21, 2013
The draft bill that the White house has been drafting which was recently ?leaked? to the media has the President stating that the illegal immigrants will have to go to the ?BACK OF THE LINE.? But there are many lines in Immigration. My question is Which line?The ways to get Residency for legal people is through employment, family, Asylum or by lottery (Diversity)...

PERM Advertisement

Posted on February 14, 2013
In a recent case, In the Matter of Oracle America, Inc. the Board of Alien Labor Certification (BALCA) held that if an advertisement says travel May be required, and the ETA 9089 does not say so, then the PERM will be denied. This is true even though there was one advertisement for several positions, and the travel was required...

Comprehensive Immigration is Indeed Bipartisan

Posted on January 29, 2013
Unlike gun control, abortion or gay marriage, Immigration is not a for or against issue. Both Democrats and Republicans want to reforms Immigration, they just want different things.The Republicans want business immigration, and the Democrats want to help the illegal Hispanic population...

Is COMPREHENSIVE Immigration solely a Latino issue?

Posted on January 14, 2013
The Senate has formed a bi partisan committee to work on Immigration issues and plans to put forward a bill as early as March. The committee is headed by Sen. Chuck Schumer (D, NY) who said that the main purpose of the bill was to make sure that illegal immigrants be given a "clear path to citizenship...

Why I came to America

Posted on January 09, 2013
I want to start this first blog of the year on a personal note. I came to this country in 1985 because I wanted liberty. I was a women in India. The rape case in India and the ensuing uproar about women's status brought all those memories back to me afresh...

Immigration for New Businesses

Posted on December 05, 2012
The Director of Citizenship and Immigration Services (CIS), Mr. Alejandro Mayorkas, recently said, in a speech at MIT that the Obama administration realizes that immigration process is bad for new business /entrepreneurs and is working to make it better...

Immigration Reform Can and Should be done Piece Meal

Posted on November 30, 2012
At the onset let me make it clear that I am a Democrat. And a liberal one at that. But today, I applaud the Republicans and perhaps hate the Democrats on Immigration issues. Today the House will vote for the STEM Act. The Stem act does away with the Diversity visa and gives visas to highly qualified Science and Technology Graduates, who are in the country legally...

Thanking for What?

Posted on November 21, 2012
I wish I could say Thank you for Comprehensive Immigration Reform. I wish I could say thank you to a Congress that actually cared about the people rather than their own reelection. I wish the Republicans and Democrats could work together. But I can't...

4 More years----We need Immigration Reform

Posted on November 07, 2012
We the people voted in Obama for a second term. In the first term many Republicans in Congress simply would not pass anything. They wanted the President to fail. They simply collected pay from the taxes of American people and did nothing.Mitt Romney, in his concession speech said he would like America to come together...

Getting to the end of the Green Card Process

Posted on October 30, 2012
The Labor Certification in effect certifies that no qualified Americans are there to do the job. Provided an employer advertises and tests the job market, and cannot find an American to do the specific job, a labor is certified. Many employers have not found anyone in the first place, therefore they employ the beneficiary...

DOMA ruled Unconstitutional

Posted on October 19, 2012
Edith Windsor was in a relationship for a long time, and was married in Canada in 2009. She is 83 and lived in New York. When her spouse died the federal Government levied a tax of $363,000/- that would not be ordinarily levied on a widow. Why? Because Edith was a lesbian, and the marriage was same sex...

Documentation for the Undocumented

Posted on October 11, 2012
President Obama decreed that students and those who at least graduated high school, has a clean record, and had arrived here illegally as a minor through no fault of their own would not be deported and can get temporary work permits. The children had to have arrived before 2007, before the age of 16, and have been present continuously present in the country and been here on June 15, 2012...

PERM Audits

Posted on September 25, 2012
Anyone who is recently filing a PERM-Labor Certification knows that the Department of Labor (DOL) is auditing a significant portion of them. I think this is in response to the financial melt down. Lehman Brothers fell in 2008 starting the financial crisis, but it takes DOL this long, (and right about the time we are going back to solvency) to institute a new policy...

Race and Immigration

Posted on September 20, 2012
The civil war abolishing slavery was won in 1865. Yet, race continued to be a factor in American society and legal system until the 1950s. Blacks were never "equal" in the South until Brown vs. Board of Education was adjudicated in 1954. The history of Immigration law is replete with blatant discrimination against people of race, color and national origin...

Eb-2 Visa Wait Times for India

Posted on September 13, 2012
The October visa bulletin released recently by the Department of State has retrogressed the Priority Date of the EB-2 petitions for India to September 01. 2004 and for China to July 15, 2007. A lot of clients are asking whether that means they have to wait forever...

DACA PERILS

Posted on September 07, 2012
Last night in his acceptance for the nomination speech at the Democratic National Convention, President Barack Obama said, "You're the reason a young immigrant who grew up here and went to school here and pledged allegiance to our flag will no longer be deported from the only country she's ever called home," Yet the Deferred Adjudication for Childhood Arrivals (DACA) has seen less applicants than predicted...

Texas Driver's License will be issued to DACA recipients

Posted on August 28, 2012
According to a Department of Public Safety memo to its officers, the Texas DPS Public Relations Office says that the Deferred Action candidates will get the Texas Driver's License. Simply getting the I-821D and the work permit is not enough though...

Dreamers' Hardships

Posted on August 22, 2012
Its hell to be poor. Its even more hell to be poor and without papers. As I am seeing the clients for Deferred Action for Childhood Arrivals, (DACA) I am shocked to see how the police have treated them in Harris and Fort Bend Counties of Texas...

Immigration and Republicans

Posted on August 16, 2012
The republican campaign have on the whole catered to their socially conservative base and been either silent or hostile on the issue of immigration. But today, two Republican proponents of Immigration, NYC mayor, Bloomberg, and Rupert Murdoch blasted Mitt Romney for the Republican stance on Immigration...

The PERM form 9089 should completely match all advertisements

Posted on August 09, 2012
The DOL has complex rationale, where the filing of a PERM form, 9089 becomes a mechanical process, whereby one should suspend their thought process. In a recent case, Prosoft Associates Inc, The employer put down "drug testing and background check in the job order for the State Workforce Agency, but forgot to add that to the 9089...

American Dreamers

Posted on August 03, 2012
Who Can File?Did you come to the US before your 15th birthday?Did you live in the US continuously (ie did not leave US) since August 15, 2007?Are you currently under the age of 31?Are you currently in school, have a high school diploma, A GED certificate, or honorably discharged by the military?Do you have any criminal record?ie Felony or a significant Misdemeanor?Were you present in the US on June 15, 2012?Were you out of status on or before June 30, 2012?When can you apply?The Citizenship and Immigration Service has said they will release information on August 15, and you can apply from that dayWhat documents do you need?Proof of present enrollment in school, or Diploma or certificate or militaryProof of being in the United States before 16th birthday----- proof of school records from 9th or 10th grade or below...

Michelle Bachmann has accused Hillary

Posted on July 30, 2012
Michelle Bachmann has accused Hillary Clinton of having ties to the Muslim Brotherhood because one of her long time aid, Huma Abedin is a Muslim. Others in the far right also "accuse" President Obama of being a Muslim, simply because his father happened to be Muslim...

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