Monthly Archives: November 2011

WHAT IS HE TALKING ABOUT? WILL ROMNEY’S “FLIP” ON IMMIGRATION CAUSE HIM TO FLOP IN THE PRIMARIES OR GENERAL ELECTION?

According to an article on realclearpolitics.com, Romney recently stated: “…my view is those who are here illegally today should have the opportunity to register and to have their status identified and those individuals should get in with everyone else that’s in line legally. They should not be placed ahead of the line; they should instead go at the back of the line and they should not be allowed to stay in this country and be given permanent residency or citizenship merely because they’ve come here illegally.”

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Allowing undocumented individuals to “have the opportunity to register and to have their status identified” seems like the start of a plan that some refer to as “amnesty”.  What would follow this “opportunity to register”?  If he is saying these individuals should “go to the back of the line” this is what pro-immigrationists are advocating and is consistent with Newt Gingrich’s view on the issue.  No group that I am aware of has said that the undocumented should “be given permanent residency or citizenship merely because they’ve come here illegally.” (emphasis added). In reality, many of those who are undocumented seek an opportunity to remain or legalize their status despite their being in the country illegally.

Immigration is a tricky issue and it is hard to pander to any single demographic because it will later come to bite a candidate who takes an extreme position.  What may be good for the primary will not be suitable in a general election.  It is therefore better to hold a sincere position on this tough topic rather than come across as a flip-flopper seeking only short-term political gain.

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!

USCIS REACHES FY-2012 H-1B CAP

According USCIS Update:  “U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year (FY) 2012. USCIS is notifying the public that yesterday, Nov. 22, 2011, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2012.”

Alternatives for those who missed the deadline include determining whether the employer can qualify as exempt from the numerical limitation or examining alternative non-immigrant categories for foreign nationals.

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!

H-1B CAP COUNT (11/18/2011)…ALL I WANTED FOR CHRISTMAS WAS AN H-1B

According to the USCIS, as of November 18, 2011, the agency had received 61,800 out of 65,000 available cap-subject H-1B petitions for FY-2012 and 20,000 out of 20,000 available petitions under the H-1B Master’s Cap Exemption.

When the Master’s Cap Exemption has been exhausted, petitions filed on behalf of beneficiaries with Master’s or higher degrees from US universities will be counted towards the general 65,000 H-1B limit for the fiscal year.

Given that it takes a week for Labor Condition Applications to be certified by the Department of Labor, and that these are required in order to file an H-1B petition with the USCIS, it is unlikely that a cap-subject employer starting the process now would be able to file before the cap is exhausted.  By the end of next week, it is safe to predict that the FY-2012 H-1B cap will be reached.

Alternatives for those who miss the deadline include determining whether the employer can qualify as exempt from the numerical limitation or examining alternative non-immigrant categories for foreign nationals.

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!

H-1B CAP COUNT (11/14/2011)…MOVE IT OR LOSE IT

According to the USCIS, as of November 14, 2011, the agency had received 56,300 out of 65,000 available cap-subject H-1B petitions for FY-2012 and 20,000 out of 20,000 available petitions under the H-1B Master’s Cap Exemption.

When the Master’s Cap Exemption has been exhausted, petitions filed on behalf of beneficiaries with Master’s or higher degrees from US universities will be counted towards the general 65,000 H-1B limit for the fiscal year.

If you are a cap-subject organization that wishes to file an H-1B on behalf of a qualified foreign-national, this would be a good time to do it.  As the numbers get closer to becoming exhausted those on the fence tend to file in greater numbers so the cap is likely to be reached in the next couple of weeks.

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!

EB-5 REGIONAL CENTER GREEN CARDS MAKE SENSE

A recent article on boston.com alluded to controversy surrounding the EB-5 Regional Center Program.  However, when it works, it is hard to argue with a system that offers permanent residence to foreign nationals, and their immediate dependents, if they invest in the US and create or preserve at least ten jobs for American Citizens or permanent residents.

In sum, the EB-5 program through a Regional Center allows a foreign-national to invest as little as $500,000 USD plus legal, administrative and filing fees in a Regional Center and in return get green cards for him or herself and immediate family members.  The funds are at risk and the Regional Center must create the jobs and meet its other obligations.  Therefore, it is imperative that investors take great care in selecting both a regional center and an attorney to handle their cases.

Nothing contained herein should be considered legal advice.  Please consult a qualified immigration attorney to discuss your particular matter.

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!

ARIZONA VOTERS SEND ANTI-IMMIGRATION LEGISLATOR PACKING

According to an article on nytimes.com:  “…Mr. Pearce, known for his gruff, uncompromising manner, was the one sent packing on Tuesday after disgruntled voters in this suburban neighborhood outside Phoenix banded together to recall him from the State Senate and replace him with a more moderate Republican.”

Politicians who choose to take extreme positions on immigration tend to fail.  In my humble opinion, this is a good thing as the solution to fixing our broken immigration system lies somewhere in the middle.

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!

CAP SUBJECT H-1Bs FOR FY 2011: GOING, GOING…

According to the USCIS, as of November 7, 2011, the agency had received 50,800 out of 65,000 available cap-subject H-1B petitions for FY-2012 and 20,000 out of 20,000 available petitions under the H-1B Master’s Cap Exemption.

When the Master’s Cap Exemption has been exhausted, petitions filed on behalf of beneficiaries with Master’s or higher degrees from US universities will be counted towards the general 65,000 H-1B limit for the fiscal year.

If you are a cap-subject organization that wishes to file an H-1B on behalf of a qualified foreign-national, this would be a good time to do it.  As the numbers get closer to becoming exhausted those on the fence tend to file in greater numbers so the cap is likely to be reached in the next several weeks.

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!