August 31, 2005
Status of Immigration Court in New Orleans, LA
EOIR advises that the Immigration Court in New Orleans is closed until further notice. They have ascertained that all court personnel are safe. EOIR is assessing the situation and will provide updates as more is known.
Immigration attorneys in the Mid-South chapter are helping their fellow attorneys from New Orleans who have lost their offices. If you have lost contact with your attorney shortly they may be in contact with you. As a web based practice my office has been designed for situations like this. My office will assist fellow attorneys who have been displaced.
August 30, 2005
Hurricane Katrina; closure of Nashville immigration office
A client who went for their fingerprints called to tell me that the Nashville immigration office is closed today. Katrina has brought a lot of rain and flooding to Nashville.
August 29, 2005
FAQ; Can I have two H-1B visas?
A prospective client sent me this question; Could you apply for TWO H-1Bs?
The answer is; Yes, immigration law does not prohibit having two H-1B. You cannot have two different types of visas; for example an E visa and an H-1B visa.
August 28, 2005
FAQ; H-1B self petition by a Singaporean
Free Question: Hi, I am a Singaporean and would like to know more about getting the H1b1 Visa. How much does it cost. How do I apply. I intend to incorporate a business to sponsor myself for the H1B1. Do you think it is workable? Are you able to advise on the requirements to qualify an employer to sponsor H1B.
Free Answer; You may incorporate a business in the U.S. to sponsor yourself. The salary may be paid by your U.S. or Singapore business. The U.S. corporation must have a U.S. tax id number.
August 27, 2005
Need for Congressional action on H-1B blackout
Without Congressional action, U.S. employers will face H-1B visa blackout until October 1, 2007. Send a letter to Congress now urging them to improve access to this vital visa program.
Send AILA Your H-1B Stories
Have stories on how the H-1B cap impacted your client? Let AILA national know (firstname.lastname@example.org). Read on for additional guidance. This small action could make the difference between available visas and 14 months of H-1B visa blackout!
August 26, 2005
Sample Letter to Congress from Business on the H-1B Cap
Please fill out and send this letter to Congress;
United States Capitol
Washington, DC __________
Dear Congressman/Senator ____________:
The FY 2006 H-1B cap has been exhausted even before the start of the upcoming fiscal year. As a result, American companies are now banned for fourteen months from hiring any new highly educated foreign professionals. I urge you to address this crisis as soon as possible on behalf of [insert company name here], American employers, and the American economy. Congress should not remain silent in the face of this unprecedented H-1B blackout.
H-1B professionals work on key job-creating projects and provide critical expertise in our company and in American companies nationwide. Cutting off access to these professionals will only dull our nation’s competitive edge and strengthen our foreign competition.
[Optional additional paragraph: Insert description of your company, note any operations in the member’s district and explain how H-1B professionals supplement your US workforce and enable you to expand operations and hiring in the United States.]
[Optional additional paragraph: You may also want to describe your company’s recruiting efforts, explaining the pool of candidates you see and how you determine whether to sponsor a foreign national. Explain how hitting the cap will affect your company’s operations.]
Until the U.S. education system provides an adequate supply of Americans with the necessary skills— particularly in important areas such as math, science and engineering— the H-1B program is needed to help keep our company competitive and keeps jobs in America.
H-1B workers are a small but extremely important part of our company’s workforce, and [insert company name here] strongly urges you to support efforts that would ensure continued access to these talented professionals.
If I can provide more assistance, please contact me at _____________.
[Your name here]
August 25, 2005
FAQ; E3 to work in US
Blog entry; I am an Australian currently on a work visa in England. Will I be able to apply for an E3 visa from here to work in the States?
Blog reply; The rules on E3 will be published shortly. My blog will have them as soon as they are available.
August 24, 2005
FAQ; H-1B & 221g
Comment to Blog; Hi, I went for H1B stamping in the month of February, 2005 to U.S. consulate. They gave me 221g asking for additional documents. I gave the required documents the second time on July 11th 2005. But again they gave me 221g telling that our case requires additional administrative processing. How long will it take? Is there anything to worry? How can I know the status? Whom should I contact to know the status?
Blog Reply; you should contact the person that prepared you H-1B. A 221g interview is an indication that you most likely will be rejected. You need to take immediate action to counter the 221g.
Mario Ramos PLLC
August 23, 2005
Explore 'Business Down Under'
The Nashville Chamber of Commerce International Business Council will host delegates from the Australia New Zealand - American Chamber of Commerce at a lunch meeting on Thursday, Sept. 9. Speakers from the Australian and New Zealand Embassies will discuss business opportunities and answer audience questions. For information and online registration to to http://www.nashvillechamber.com/ncalendar/calendar.php?mode=detail&eID=6488
August 22, 2005
Status of E-3 Implementation for Australians
The State Department's regulation implementing the new E-3 visa category for Australians was sent to OMB for clearance on July 19, 2005, and is pending there. DOS hopes to have the rule published in September. There is no word yet on where USCIS stands with respect to guidance or a regulation on this subject.
August 21, 2005
H-1B looming crisis
CIS has predicted that only a small number of H-1B visas remain for FY 2006. There are still visas for exempt categories. For a complete list of exempt H-1's read my prior entries in my blog. I have done a lot of lobbying in the past. Now it is time to use the web to its full powers to lobby on behalf of immigration reform. I am looking for persons who have web based skills to launch immigration reform. This work is for the good of the cause. The right to work and travel should not be restricted. The idea of the commons should extend to this right. This effort is without pay as I am volunteering my time to help. So if you want to help send me a comment or an e-mail. I am not looking to use traditional methods to bring about reform. We should use tools which are new or are being developed. This effort should have no leader but rather a group of leaders. Let's try to accomplish what they cannot be done. This will be the fun part.
August 20, 2005
FAQ: travel with Green Card
Free Question: Dear Sir, I got Dv lottery visa with my family in the year 2000, we landed in US, but after 9/11 incidence, it was difficult for us to stay there and even my daughter who was doing nursing in Pakistan didnt got admission, thats why i took visa extension for my son and daughter for two years, my daughter got married and living in US same my son, he is studying in US, me and my wife applied for visa again in our consulate and they rejected us without any reason, we got green card and social sec
August 19, 2005
FAQ; visitor wants to work
Free Question: My question is how do I go about helping a friend to come to the U.S on a visiting visa. Will it be any trouble if the person is 26 yr old young man that currently lives in Jamaica, that wants to come and visit and also work in the United States. I would really like to get some feedback on how to go about helping him with the process.
Free Answer: If he enters the U.S. using a visitor visa with the intention to work he may be found to have committed immigration fraud as to intent when he entered the U.S.A. He should apply for a work visa prior to coming to the U.S. If he enters with a visitor visa and applies to change status within 60 days of entry under the doctrine of "preconceived intent" his request to change may be denied.
August 18, 2005
FAQ; Visa para fútbol
Free Question: Yo visite EE.UU. en el 2003. Entre y regrese a tiempo. Mi visa ya expiro. Quisiera regresar para visitar. Me invitan a jugar en un equipo de soccer en Chicago. Si aplico para mi visa otra vez tengo posibilidades de recibirla de nuevo. Que aplicaciones tengo que llenar.
Free Answer: La visa O, es otorgada por tres años, pero no puede ser solicitada por si mismo, sino, debe ser respaldada por una persona o compañía que lo solicite a usted para trabajar. Una vez suministrada la aplicación, el trámite tarda aproximadamente 2 semanas para obtener la aprobación.
August 17, 2005
The FY2006 H-1B cap already being reached underscores the need to press Congress to respond to this crisis. Since this past Friday, AILA Members have sent 946 letters to Congress about the urgent need to address this issue. Senators and Representatives need to hear from more of us, so if you have yet to contact them please do so now. Here is the link to that letter: http://capwiz.com/aila2/mail/oneclick_compose/?alertid=5183421. In addition, because many Members of Congress are home during the August recess, it is important to call and visit them there as well.
August 16, 2005
FAQ; EB-3 in Mechanical Engineering
Free Question: I have a Degree in europe in Mechanical Engineering, six year experience in Air Conditioning and Refrigeration field. I have a sponsor in USA (N.J), I would like to know if you can help me in the process Green card EB3. I would like to know time and cost of all process. I all ready have the documents from the employer.
Free Answer: To apply under EB-3 the job has to be certified by the Department of Labor using the PERM process. Then an application is made for lawful permanent residency using consular processing in your home country. I have obtained PERM certification from the Department of Labor. My office has assisted persons like you to receive a green card in the EB-3 visa.
August 15, 2005
FY 2006 master's H-1B; 10,000 left
Free Question: If H-1B 2006 65000 is closed, what will happen to H-1B 2006 20,000 exemption for advanced degree holder?
Free Answer: The registration for FY 2006 is still open. About 10,000 visas remain available under this category.
August 14, 2005
H-1B documentation from employer
The employer sponsoring an H-1B employee needs to provide documentation such as their annual report, copy of Web page, proof of ability to pay the wage, etc . Normally a good web site will have most of the required information.
August 13, 2005
H-1B filing fees, premium processing and I-129 filing fee
The H-1B employers must now pay $1500 for each petition ($750 for those employers with not more than 25 employees). The employer must also pay a new $500 fraud prevention and detection fee for new H-1B employees. Employers exempt from the $1,000 fee are institutions of higher education and related or affiliated nonprofit entities; nonprofit research organizations; government research organizations; elementary and secondary schools. For a response within 15 business days from CIS premium processing costs $1,000. I-129 filing fee of $185.
August 12, 2005
USCIS Reaches 2006 H-1B Cap “Final receipt date” is August 10, 2005.
Today USCIS announced that it had reached the cut off for the H-1B visa for FY 2006. There will a small number of H-1B that will be given out on a lottery basis. This number will be released with 45 days of October 1, 2006. CIS will announce a process for these H-1B's in the future. There is still time to apply for an H-1B if you are from Singapore or Chile as these visas are still available. The registration for the master's H-1B continues as there are about 10,000 of these H-1B's still available.
This is an example of the broken U.S. immigration system. Highly educated workers who bring tremendous benefits to our country are not allowed in to work. If you are an employer you should contact your congressman or senator to seek a change in U.S. immigration law to remove the cap. Let the economy and needs of individuals determine the need for workers. A mandated cap makes no sense and hampers the ability of U.S. employer to compete in the world.
August 11, 2005
The National Center for Refugee and Immigrant Children training
The National Center for Refugee and Immigrant Children will host a free training in New York, New York on September 20, 2005. The training session will teach volunteer attorneys the basic skills necessary to represent an unaccompanied child in immigration court. The Center was created by a generous grant from United Nations High Commissioner for Refugees Goodwill Ambassador, Angelina Jolie. To register for the training, please follow the instructions on the attached announcement. If you would like to volunteer to represent a child, please register on line at www.refugees.org. If you would like to volunteer as a mentor, please contact Kathy Moccio at email@example.com
August 10, 2005
Leadrship Middle Tennessee breakfast
This morning I attended a breakfast hosted by the John Butler and David Ewing of the Nashville Area Chamber of Commerce for Leadership Middle Tennessee Alumni. LMT represents 10 counties in the area. The meeting was on Davidson county members. Jack Turner and Susan Taylor have organized 10 breakfast/lunch meeting to survey the organization. We discussed strategy, member’s contributions, recruiting members, goals. I volunteered to assist with a business blog modeled on my immigration blog. A blog is a web based journal which I used to communicate with my business client, friends and family.
August 09, 2005
FAQ; Oficina de negocios para trabajar en los EEUU
Pregunta Gratis; Tengo Visa Americana B1/B2.por más de 15 años Puedo establecer Oficina de negocios para trabajar en los EEUU. CON MI FAMILIA
Repuesta Gratis; Primero que todo quiero darle las gracias por haberme contactado. Según lo leído en el correo electrónico, para poder otorgarle algún tipo de respuesta necesito saber mucha más información de su caso.
August 08, 2005
FAQ; CIS Case Status Search Page
Here is a question that I received today; I wanted to check the present status of my H1b visa. Pls send the site which i can check the status. rgds,
To find information about the status of your case go to the CIS Case Status Search Page at;
There you will find the following;
To view the status of a case, please enter the corresponding application receipt number. The 13-character application receipt number can be found on application notices you have received from the USCIS. It begins with three letters such as (EAC, WAC, LIN, or SRC). Dashes ("-") should be omitted when entering a receipt number. However, all other characters, including asterisks ("*"), can be included if listed on your notice as part of the receipt number. See the FAQs for additional information on this system.
Application Receipt Number; then a box to enter ther case number.
August 07, 2005
Death and Deliverance
There is an article about the deaths on the border in the LA Times;
The desert swallows another border crosser, but her father is determined to find her body. By Richard Marosi, Times Staff Writer
Trudging through a sun-baked expanse filled with cactus and mesquite, Cesareo Dominguez looked into the sky and saw eight circling vultures.
For 21 days, he had walked the Arizona desert looking for the body of his daughter, Lucresia. She had left their village in the mountains of central Mexico in June. Led by a band of smugglers, she had crossed the border with her son, Jesus, 15, and her 7-year-old daughter, Nora.The children survived the journey. But Lucresia was still in the desert somewhere. Jesus told his grandfather that he had left her lying on the bank of a wash, exhausted and incoherent.
You can find the rest of the article at http://www.latimes.com/news/local/la-me-desert07aug07,0,1830364.story?page=1&track=tothtml
August 06, 2005
FAQ; titulo profesional
Free Question: mi pregunta es si yo pudiera ir a los estados unidos y quisiera trabajar con mi titulo profesional podria hacerlo.
Free Answer: Para clasificar bajo las leyes de Inmigración usted puede aplicar por una visa de trabajo temporal. Tiene que tener su licencia en los EE.UU. como profesional para recibir esta visa temporal de trabajo. Si quiere aplicar por su visa de residencia permanente puede aplicar bajo el sistema conocido como PERM como profesional EB-2 con una oferta de empleo sin tener la licencia aquí. O puede aplicar como profesional con grado superior de universidad bajo la categoría EB-2. Esta aplicación se puede hacer con PERM y una oferta de empleo o sin PERM u oferta de empleo, si puede clasificar por un perdón de interés nacional.
August 05, 2005
FAQ; PERM and MBA
Free Question: i have completed Bachelor of Computer application in 2003 and MBA in 2005. am i elligible for PERM workpermit please send me information.
Free Answer: You qualify for PERM classification under EB-2 advanced degree or EB-3 professional. You may seek EB-2 & EB-3 with a job offer from a U.S. employer. Or you may seek EB-2 without PERM or a job offer if you can obtain a national interest waiver.
August 04, 2005
FAQ; H-4 employment authorization document?
Free Question: can an individual on an H4 visa be able to get an employment authorization document so he can work?
Free Answer: An H-4 cannot obtain an employment document. Only if the H-1B obtains labor certification can the H-4 work as part of a joint application to adjust status to permanent residency.<
August 03, 2005
Congressional Research Service Finds Immigration Law Extremely Complex
Citing multiple sources indicating that immigration law is "second only to the Internal Revenue Code in complexity" or that immigration "beats the tax code" for complexity, and that "a lawyer is often the only person who could thread the labyrinth," the Congressional Research Service finds numerous indications that immigration law is extremely complex. This is an understatment as I have seen immigration law grow in complexity over the last 18 years. There is a need to "break the mold" and create a new worker program. This will help employers and employees.
August 02, 2005
1st PERM certification by U.S. Department of Labor
On Friday July 29, 2005 I received my first certification by the U.S. Department of Labor from a PERM case. My office prepared the application for Permanent Employment Certification (ETA Form 9089) for the client whose occupation is "Clinical Operation Director". Since PERM began on March 29, 2005 I have spoke to numerous clients about PERM. Many have been waiting to see if PERM works prior to applying. Well, it does work! My client is extremely happy with his certification. The next step is to prepare his application for permanent residency and EB-2 application. We should have these prepared and ready for concurrent filing prior to the end of August. So to recap PERM application submitted to DOL in April; certification in July; application for permanent residency and EB-2 by August. The system is working and it is a major improvement over the old paper based system. This is “Great Work” by the DOL PERM team and by my immigration case manager Andy.
August 01, 2005
White House missing on immigration reform
The New York Times published an Editorial titled; Making Immigration Work. The article describes how the White House needs to push for immigration reform. Here is a quote from the article 'For five years, President Bush has said that he really wants to reform immigration, but when the Senate finally took up the issue last week, the White House went missing. Homeland Security Secretary Michael Chertoff and Labor Secretary Elaine Chao backed out of the hearing at the last minute, a gap that was noted with understandable irritation by Senator Arlen Specter, chairman of the Judiciary Committee". You can find the rest of the article at; http://www.nytimes.com/2005/08/01/opinion/01mon3.html?th&emc=th