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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

Foreign Labor Divison should only hire ROBOTS

Posted on October 21, 2009
In a number of recent cases the DOL has proved again that it values form over matter. It has set up rigid rules and follows the rules rather than understanding the rationale behind it. Thus it runs contrary to the philosophy of Common Law, which gave birth to our legal system...

H-1B Auditers, what they have to fill out

Posted on October 15, 2009
The following is a simplified version of the instruction sheet that the H-1B Audit inspectors have to fill out:1. Does the facility visually appear to be that of the organization? (Take pictures if possible of the building with Number of building. Include in narrative box:1) Description of the location:? Commercial office unit;? Apartment or condominium complex;? Single family residence;? Mail center/postal location; or? Virtual office (a business with multiple small workstations leased to numerous entities)...

Mojave Cross, Scalia and Religion

Posted on October 07, 2009
Dear Justice Scalia, How can you say that the Cross is not a religious symbol? Is it really the "most common symbol of the resting place of the dead? "How many Christian die in ratio of the addition of Muslims, Jews, Hindus, and all other religions? You have not lived your life as a non Christian, especially in the South...

H-1B raids increase

Posted on October 02, 2009
Office of Fraud Detection and National Security (FDNS)is conducting raids to H-1B business in an effort to detect and deter immigration fraud. The following blog is borrowed from an article by American Immigration Lawyer's Program, and is meant to advise employers as to what to expect...

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Health Care and Immigrants

Posted on September 10, 2009
Last night during Pres. Obama's speech on health care to the joint session of Congress, when President Obama said that the new plan would not cover illegal immigrants, Republican Senator Joe Wilson fro South Carolina could not hold back and shouted "You lie...

Killing the Innocents in Texas

Posted on September 03, 2009
Today I am ashamed to be a lawyer from Texas. The recent issue of the New Yorker had a story about one confirmed case where the State of Texas put an innocent man to death. Mostly because the Texas Board of Parole and Pardon did not READ a forensic report in the man's file! Cameron Todd Willingham woke up one December morning in 1991 to his house burning in fire...

Due Process at Consular Posts

Posted on September 02, 2009
Stories of unfair US Consular Decisions abound. People meet all the requirements of getting a particular visa, and the consulate officer denies the visa based on his or her innate prejudices. The denied applicant can almost always do nothing. The petitioning entity in the US can usually appeal to a Congressman or Senator, who can demand the reason for the denial...

icert gripe

Posted on August 12, 2009
Employer: I got this contract to start work in 1 week. I have the perfect H-1B guy. Can you have the petition to me by tomorrow?Attorney: No can doEmployer: Why? You always do that.Attorney: That was before July 1. iCert will prevent me from doing that now...

Obama Administration and Immigration Enforcement

Posted on August 05, 2009
In an article published on August 3, in the New York Times, the Obama Administration, contrary to their campaign promise is pursuing the same policy as its predecessor, President Bush on Immigration Enforcement. They are increasing the I-9 audits, the E Verify program, and has introduced a program to check the immigration status of every person held for any crime...

The New iCert LCA

Posted on July 29, 2009
This blog is not about how the DOL took something that was instantly certified, so that business could move forward, and slowed it down. Yes, there's much to gripe about there. Our H-1B process will become much slower, but then, why should the Government aid is speeding up business? We have slowed down as a nation, we are just standing and smelling the non existent roses...

I-9 Audit

Posted on July 14, 2009
Every Employer in the US has to fill out a valid I-9 form for every employee. The form addresses whether the employee has the legal authority to work in the United States. The Employer is supposed to keep copies of documents like H-1B approval, or Green card, etc in their file, and update them as it becomes necessary...

The Non Immigrant in this economic downturn

Posted on July 09, 2009
Loosing a job is never easy. Each and every one of the 14.7 million people who lost their jobs in this economic downturn has felt the sinking feeling in their stomach, the worry of uncertainty, and the stigma of failure. But United States citizens can survive...

What is a Company for Immigration Purposes?

Posted on June 30, 2009
A Company is defined as its Federal Employment Identification Number (FEIN) for Immigration issues. When a Corporation seeks to hire a foreign national under a federal Immigration Law, it stands to reason that the Company should have a FEIN in order to hire that individual...

Naturalization Interview In the Houston District Office

Posted on June 23, 2009
In the Houston District Office this is a three step process.First you will go with an Officer in a little cubicle and be administered the test of English and Social Science. The exam consists of about 10 written questions from the Citizenship and Immigration Service list...

Judge Sotomayor-Can anyone overcome heritage?

Posted on June 09, 2009
Mr. Obama's nominee for Supreme Court Justice Judge Sotomayor has lived the American dream, from a poor household in the Bronx, to Suma Cum Laude Graduate in Princeton, to Yale law school. Yet there has been a lot of criticism about the fact that she said that her experiences as a hispanic will lead her to have a different world view than say a white male...

Immigration Enforcement By Local Police

Posted on May 22, 2009
Local Law Enforcement Agents have increasingly tried to enforce immigration laws. Everywhere from Arizona to Texas, local police routinely ask to check immigration documents, and most times do not even understand what those documents mean. A 256 page report that came out of the Police Foundation today concludes after a year long National research that Immigration Enforcement by Local Police is detrimental to the Core Mission of Local Police...

Knowing stealing your identity

Posted on May 08, 2009
On May 4, 2009 the Supreme Court in an unanimous decision declared that in order to be a crime for identity theft, the person must know that he is stealing the identity of another person. Flores Figueroa V United States No. 08-108.Mr. Ignacio Flores Figueroa entered the US illegally from Mexico and presented his employer with a false social security card, and green card bearing his name...

DOL's Emphasis of Form over Matter shot down

Posted on April 22, 2009
The Department of Labor, Foreign Labor Certificate Division had always been emphasizing form over matter. The Perm form (and to an extent even the LCA form) is all about form, not much about substance. You have to do things just a certain way, or you get denied...

The NEW LCA (iCERT) Portal

Posted on April 17, 2009
The Department of Labor has just introduced a new spiffy internet portal called iCERT. http://icert.doleta.govEmployers and Attorneys have to sign on to the new portal, and cannot file new Labor Condition Application (for filing H visas) on the old system anymore after May 15...

The Reentry Permit

Posted on April 10, 2009
The Permanent Resident Card (Green Card) is for living permanently in the United States. If after getting the green card, you want to live for more than six months outside the United States, there is a presumption that you do not want to live permanently in the United States, and therefore have abandoned your Permanent Residency Status...

H-1B Numbers

Posted on April 09, 2009
Please note that as of today, 42,000 H-1B new cases have been filed out of the 65,000 cases. For the Master's Cap they have received an additional 20,000 cases. So the US Master's Cap is almost full, but the ordinary quota remains. Please note that US Master's Degree holders can file under the ordinary CAP...

H-1B numbers

Posted on April 07, 2009
This year, like the last two years, we all filed the H-1B petitions by Fedex or Express Mail on March 31 to reach Vermont or California by April 01. Some were filed for the next five days. And we all know the number of filings were not as high this year...

My Predictions for NEW H-1B this year

Posted on March 12, 2009
The Government year starts on October 01 and each year the Government dishes out 65,000 new H-1b visas . Employers can apply 6 months before the start date, so each year the first day that they can apply for new H-1Bs is April 01. In 2007 and 2008 significantly more than the 65,000 quota applied on the first day, ie April 01...

Irrational Thoughts on Immigration

Posted on March 05, 2009

Economic Nationalism

Posted on March 04, 2009

To do List for H-1b employer

Posted on February 18, 2009
At the time of Filing:1. SIGN AND DISPLAY LCA IN A PROMINENT PLACE FOR 10 DAYS. THE LCAs NEEDS TO BE DISPLAYED IN THE ACTUAL JOB SITE WHERE THE ALIEN IS WORKING. IF YOU ARE A CONSULTING COMPANY, PLEASE TAKE A SPECIAL NOTE OF THIS. 2. THEN PUT THE LCAs IN THE FILE, ALONG WITH THE WAGE DATA (ie THE PREVAILING WAGE DETERMINATION)...

H-1B visa Fraud

Posted on February 13, 2009
On Wednesday, February 11, Immigration and Customs Enforcement arrested 11 H-1B employers in 7 states on H-1B visa fraud. These employers had produced false documents to the CIS, and violated LCA rules of filing new LCA for different locations. The arrested individuals were primarily Indians...

When an H-1B looses his Job

Posted on February 11, 2009
With the economic situation worsening, many H-1B employees are loosing their job. What should they do? By law the H-1B status terminates the day the employee looses their job. However, the CIS has usually given a one month grace period. That means that if you can find another job sponsor and file the H-1B within one month, the CIS seems fine with that...

EAD Card Delays

Posted on February 10, 2009
You filed your EAD card over 90 days ago. You still did not get the card. You cannot work. Your employer is real mad and in this economic climate is going to fire you. You call USCIS line, and the person says, "thank you for calling, we will generate a report...

Immigration in these trying times

Posted on February 06, 2009
Yes, we are in an economic recession, and maybe even in a depression. And in situations like this, it is always easy to blame the immigrant workers. After all its natural to feel resentment when American workers are out of jobs. Thus there are a number of bills in the Congress seeking to restrict H-1B (the visa for professionals) numbers...

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