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Immigration Law

US Immigration Matters

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

Post Frequency: 1.1/day

Last Entry: March 06, 2017 at 13:26:00

Prima Facia Evidence for Outstanding Researcher

Posted on June 11, 2010
The Administrative Appeals Unit (AAO) recently held that if a case does not establish the factual basis of a prima facia case, then it will be denied without a request for additional information. The case involved an Outstanding Researcher.(OR) The AAO, quoting a Ninth Circuit case, Kazarian v...

Griping about DOL's Prevailing Wage system

Posted on June 02, 2010
Why do Governments have a wonderful capacity of taking something completely good and turning it into a nightmare? Does the very definition of democracy mean "you cannot get anything done quickly when dealing with the Government?" The DOL launched its new Prevailing Wage System on January 01, 2010...

USCIS Lock-Box

Posted on May 28, 2010
In their strive to automatize, the USCIS has introduced centralized lock box system. This system mirrors the system used by private companies, like utility companies who collect money. The personnel uses machines to collect fees, look at the petition to determine prima facia sufficiency, and prepare the case for adjudicators...

Happy Mother's Day

Posted on May 07, 2010
I am a eight year old girl in Mexico. My mother is working in your country illegally. My father was never in the picture. My mother had 2 other children. She had no education, she could not find a job. She had to either watch her children die from hunger, or come to the US illegally and work...

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Bye Bye Sedona

Posted on April 25, 2010
In July of 2010, I decided to take a road trip to the red rocks of Sedona, Arizona. A few days of rest, relaxation and hiking from the daily grind of my law practice in Houston, Texas seemed inviting. So I packed up my 04 Lexus and headed West. But long before the red rocks of Sedona loomed in the horizon, I was puzzled by a huge sign saying, "Heil Brewer--- Death to Brown people...

If you leave the US without surrendering the I-94

Posted on April 23, 2010
When you entered the US, you had to fill out either a white form if you entered with a visa, or a green form if you did not need a visa. Upon leaving the US, you are supposed to surrender that I-94 form to the US government. But sometimes that does not happen...

Akhil Amar for Supreme Court Justice

Posted on April 13, 2010
I would like to see Akhil Amar as the next Supreme Court Justice. And that is not only because he knows more about Constitutional Law than most Supreme Court Justices. But as a group, Asians don't have much clout in Politics. We have small numbers. Yet, we score the highest SAT scores, we earn the highest average salaries of any other group...

Education and Work Experience for I-140

Posted on April 09, 2010
Immigration is the only place in law where quotas are still permissible, and everybody knows that especially for India and China the quotas for employment based visas disappear very quickly. These are huge countries with many professional people and their quotas get used up resulting in lengthy wait times, especially for third preference visas...

H-1B is dead

Posted on April 01, 2010
The USCIS announced today (April 01, 2010) that it has killed the H-1B program. I just saw this on their web site. The press release said that the Service could not control the program, that it went through too many intermediaries and is therefore impermissible...

Immigration Consequences of a Crime

Posted on March 31, 2010
The Supreme Court of the United States today in Padilla V Kentucky, ruled that if an immigrant is wrongly advised by his Criminal Defense Attorney about the Immigration consequences of a crime,is prejudiced and cannot be automatically deported. Padilla was a Vietnam vet and had been a Permanent Resident for more than 40 years...

H-1B and Control Issues in Practice

Posted on March 24, 2010
On January 08, 2010, The CIS unilaterally, and through a memo banned the practice in many industries notably the IT and health care industry of assigning H-1B workers to third party sites. They said that the petitioning employer should "control" the beneficiary, and can only send beneficiaries to an end user client...

Hold off on Immigration Reform

Posted on March 23, 2010
The one party Health Care bill was signed into law today. Although I applaud Mr. Obama's attempt to work in a bipartisan manner, he should have slowed down the process to concede to the republican demands. He refused to compromise with the republicans, courted the democrats and rammed a bill down the throats of an unwilling population...

Why we need H-1B workers

Posted on March 18, 2010
The USCIS charges a hefty ACWIA fee for each H-1B petition filed. The fee is either $1500 (for employers having more than 25 employees) or $750 (if the employer has less than 25 employees). The rationale behind these fees is that the Government will use this money to teach American workers to do the job...

Time for New H-1B filings

Posted on March 10, 2010
There are 65,000 general plus 20,000 US Master's Degree holder H-1B visa given annually. The Government's fiscal year starts on October, and they begin taking applications 6 months before that. Thus the CIS announced that for the fiscal year 2011, they will begin accepting H-1B applications from April 01, 2010...

If only our Government had common sense

Posted on March 04, 2010
In the Matter of UMG Logistics today, Balca denied the case because they felt that knowledge of Spanish is not necessary for a truck driver who will deliver goods exclusively to a small community in Mexico. Balca said that the employer merely asserted that Spanish is required without giving evidence for it...

Piece by Piece Legislation

Posted on February 25, 2010
The Republicans seem to think that a piece by piece, instead of a Comprehensive Health Care bill will be better. I think that a piece by piece Immigration Bill, instead of a Comprehensive Immigration bill will also have a higher likelihood of passing...

Jan 8th H-1B Memo Revisited

Posted on February 18, 2010
After that devastating H-1B Neufield Memo of January 08, 2010, today the USCIS had a stakeholder's meeting for comments on that memo. (For details on this memo, please see my Jan 21 blog). Effectively this memo paralyzed certain types of H-1B cases specially the IT Consulting Services and staffing agencies...

Degree Equivalency for I-140

Posted on February 17, 2010
Everyone knows that the CIS is in a denying mode and will deny every Employment based petition that it possibly can. Add that to the equation that for India and China the Employment based Third Preference petitions for India is currently being processed for people who filed in July of 2001...

CIS Cover UP

Posted on February 03, 2010
By Law the Citizenship and Immigration Service has to adjudicate the Employment Authorization Document (EAD Card) within 90 days of filing. However in many instances they do not. When the Applicant calls the CIS, they simply make up reasons which are not plausible...

What triggers H-1B audits

Posted on January 29, 2010
In July of 2010, the CIS decided to use the $500/- fraud fee and conduct sweeping raids of many H-1B sponsoring companies. They conducted a study which revealed that a lot of H-1B Sponsors were not following the rules. The following are some of the criteria that was recently released by ICE as to what factors were used to determine what businesses to raid...

Consulting Companies as Employers for H-1B

Posted on January 21, 2010
In the Computer Consulting business a company (Lets say Company A) might place an employee with one vendor (Lest say Vendor B) and the company itself may not have a contract with the end user. (Let say Enduser C) However, according to Citizenship and Immigration Service the Company A cannot be a sponsor for that beneficiary?s H-1B visa...

Is DOL becoming Socialist?

Posted on January 08, 2010
The DOL introduced a new Prevailing Wage system which will centralize everything. Previously each State's Workforce Agency gave those Prevailing Wage. Obviously there were discrepancies in how each SWA operated causing problems with DOL filings. However, DOL introduced this new system of centralized Prevailing Wage determination with no computerized system of filing...

Airport Searches

Posted on January 05, 2010
The Christmas day incident about the attempted Airplane bombing reveal that we are not safe and terrorism can happen, even with the security system in place. The US yesterday revealed a list of 10 countries whose citizens will face added searches, including padding down...

The decade in Immigration Law-2000-2009

Posted on December 30, 2009
If this decade started with a bang for immigration law, it is definitely ending with a whimper. The two influences in immigration law are economy and politics. The decade started with the dot com boom and the signing of the AC-21 bill easing numerous provisions of business immigration law, including the ability to port petitions from different employers, the increase of H-1B numbers to 195,000...

H-1B and the CIS

Posted on December 02, 2009
In a letter to Senator Grassley, the CIS defended their H-1B adjudication practices and their everything under the kitchen sink Request for Evidences. The CIS is looking into revising the form I-129 to have Petitioner and beneficiary both attest that:The beneficiary has been advised of the offsite placement and accepts the terms of the H-IB employment, including the job location and possible relocation;Really? Does anyone working for the software industry not know that they have to work off site...

State Dinner for India

Posted on November 24, 2009
President Obama is holding a State dinner for India and this is getting a lot of media coverage in the mean stream media. This is his first State dinner. Even Fox news mentioned that GOP leader John McCain was not invited. Yes, Fox news, but Mr. Conservative Bobby Jindal (who is surprisingly very Anti Indian) is invited...

H-1B site raids revisited

Posted on November 18, 2009
Computerworld is reporting that USCIS will conduct 25000 H-1B raids up from 5191 last year. For more details on what the CIS is looking for in these raids please refer to two of my previous blogs. Two of my clients were "raided" and another one had somebody visit the beneficiary's job site...

Lou Dobbs Exits CNN

Posted on November 12, 2009
Howdy, I am Lou Dobbs. You probably heard by now, I am forced out of CNN. And CNN claims they lost viewership because of me. Bull shit! See you popular Rush is. Every reasonable person with an IQ of less than 100 listens to us. We along with Sarah Palin is the new face for the Republican party...

Health Care bill hinges on Immigration Issue

Posted on November 06, 2009
The Health care bill needs 40 democrats to vote to pass the House. According to Washington Post, 20 Hispanic democrats may not vote if the immigration language in the bill is taken out. The Bill states that illegal immigrants cannot buy private insurance plans with their own money under the new plan...

Quotas in Immigration Law

Posted on October 29, 2009
Today's Wall Street Journal has their main front page article on how H-1B quotas have not been used up yet and argues that the market should dictate the numbers rather than Government quotas. Arbitrary quotas have been ruled unconstitutional by all courts in every domestic affairs except for immigration law...

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