Monthly Archives: June 2010

H-1B CAP UPDATE FOR FY-2011 (6/25/2010)

As of June 25, 2010, the USCIS had received 23,500 H-1B cap-subject petitions out of an available 65,000 and 10,000 out of 20,000 available advanced-degree petitions.

This means that there is still time for companies to file H-1B petitions for workers to start on or after October 1, 2010.

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PRESIDENT TO SPEAK ON IMMIGRATION REFORM THURSDAY

After meeting with immigration advocates earlier this week, President Obama will be speaking about his plans for reforming this nation’s immigration system on Thursday.  The consensus seems to be that absent a miracle, CIR will not pass before the mid-term congressional elections in November.  That begs the question:  What can the President say or do to appease those who voted for him based on his promise to make CIR a priority?  There are a couple of things he could do, the first would be to declare a moratorium on deportations of non-criminal undocumented aliens until CIR is passed, and the second would be to challenge the constitutionality of the new Arizona immigration law in court.

For the President to simply ask Republicans to reach across the aisle and support CIR in the months preceding the mid-term elections would likely be a futile effort dooming the initiative to failure.  On the other hand, if the President makes a good-faith down payment on his promise to try to enact CIR, it will show the American people that he is serious about his commitment to reforming our broken immigration system.

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FOX NEWS’ RUPERT MURDOCH SUPPORTS COMPREHENSIVE IMMIGRATION REFORM

According to an article (with accompanying video) on myfoxny.com:  “Chief executives of several major corporations, including Fox 5 parent company News Corp., are joining Mayor Michael Bloomberg to form a coalition advocating for immigration reform.”

If Lou Dobbs and Rupert Murdoch now both support CIR which would have a legalization component, there is hope for passage after the mid-term elections.  The media was largely responsible for the failed attempts at passage of CIR in the past.  If the news networks were to minimize the sensational coverage, perhaps politicians will vote for what they understand is best for the country rather than succumb to the whims of the loud minority who oppose CIR.

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RUMORS OF DEFERRED DEPORTATION FOR NON-CRIMINAL UNDOCUMENTED

According yo an article on miamiherald.com:  “Eight Republican senators sent a letter to President Barack Obama this week asking for confirmation that the White House is planning to defer deportations or grant parole to millions of undocumented immigrants, pending congressional debate on immigration reform.”

 

If this were to occur, it would force ICE to spend its limited resources arresting, detaining and removing aliens with criminal histories rather than indiscriminately chasing all undocumented aliens.  It would also take the teeth out of Arizona’s new law set to go in effect soon in that absent a criminal record, there would be no grounds for detaining those deemed to be “reasonably suspicious”.

 

This administration is very smart.  It will carefully consider all ramifications – both politically and practically in determining the right course of action.  If the rumors are true – this would be the President’s good faith down payment on his promise of Comprehensive Immigration Reform, most likely after the November elections.

Please visit our firm’s websites at www.immigrantconnect.com and www.americaninvestorvisa.com and check out our page and become our fan on Facebook!

 

WHO WRITES THIS STUFF?

In an interesting feature article that appeared on boston.com, some frequent anonymous online posters were profiled.

Online articles about immigration policy are often followed by comments, many of which are distasteful to say the least.  One cannot help but wonder why many of those who pen the comments are so angry and uncivil or how some of these people find the time to write angry essays in response to a simple article.  Familiar refrains that appear in the comment section of immigration articles include: “illegal is illegal” or my all time favorite combination, “illegals need to get legal before taking jobs” immediately followed by “no amnesty for illegals”.  In light of the fact that antis decry any legalization of undocumented aliens as amnesty, and there is usually no way for these people to “get legal” under our existing law – such comments demonstrate the lack of understanding the writers have about our nation’s immigration laws.

Once in awhile one can find an intelligent, witty or original comment but far too often the worthwhile comments are drowned in a sea of hateful, repetitive rhetoric.

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LEGAL CHALLENGES TO AZ LAW COULD TAX COURT SYSTEM

According to an article on nydailynews.com:  “Attorneys in the Grand Canyon State fear the influx of legal battles that will undoubtedly arise as a result of the coming anti-illegal immigration law could overwhelm the Arizona court system.”

Added to the lost revenue from Hispanics (not only undocumented aliens) who are leaving the state and the boycotts this new law could prove to be a rough, costly ride for the taxpayers in a state that is already under financial strain.

Please visit our firm’s websites at www.immigrantconnect.com and www.americaninvestorvisa.com and check out our page and become our fan on Facebook!

HARVARD STUDENT DETAINED BY IMMIGRATION

According to an AP article that appeared on boston.com:  “Eric Balderas, an undocumented student who just completed his first year at Harvard, said Friday he was detained by immigration authorities after he tried to board a plane from his hometown of San Antonio to Boston using a consulate card from Mexico and his student ID.”

Readers should remember that when traveling domestically, it is best to show a driver’s license and not one’s foreign passport or other foreign documentation.  TSA agents are not trained in immigration matters but will call CBP if they believe there is an issue with a traveler’s immigration status.  Granted this individual probably did not have any US government-issued identification even though he has been in the US since the age of four when he was allegedly brought by his parents.  This is yet another reason comprehensive immigration reform including a DREAM Act provision needs to be enacted.

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USCIS TO INCREASE FEES AGAIN?

According to the Associated Press:  “The Obama administration has proposed increasing the application fee for a green card — given to foreigners with permission to live and work in the U.S. permanently — from $930 to $985. The fee for required fingerprinting also would go up $5 to $85, for a total of $1,070.”

At least a $60 fee increase from $1010 to $1070 is palatable.  When I first started practicing over a decade ago, the filing fee for an H-1B petition was $185.  Today the total filing fees for an initial H-1B are a high as $2320.  If a private business increased the cost of goods or services sold more than eleven-fold in a few years, I doubt that it would still be around.

Please visit our firm’s websites at www.immigrantconnect.com and www.americaninvestorvisa.com and check out our page and become our fan on Facebook!