Archive for the ‘Uncategorized’ Category
Alert: H-1B Filing Season is Around The Corner
The H-1B filing period for fiscal year 2011 (for a start date of October 1, 2010) will open on April 1, 2010. The H-1B category is used by an employer to sponsor a foreign national to work in a specialty occupation, which is a position requiring, at a minimum, a Bachelor’s degree or equivalent experience.
As you may already be aware, there are a limited number of H-1B visas each fiscal year: 65,000 slots for holders of Bachelor’s degrees and 20,000 additional slots for holders of Master’s degrees or higher level degrees from U.S. universities. In 2007 and 2008, the numerical limit was reached in the first few days of April . In 2009, due to the struggling economy, the quota was not met until December 21, 2009.
While there is no way to predict how quickly the visas will be used this year, we do anticipate that demand will increase from last year, and therefore we recommend that all employers planning to file H-1B petitions file them on April 1, 2010 so as to ensure the greatest chances of success.
Filing an H-1B this year requires more lead time for preparation than in prior years. This is because in 2009, the Department of Labor (DOL) rolled out a new system for certifying the Labor Condition Application (LCA), a form required in the filing. This new system, involving manual review of all LCA’s, has created unforeseen delays and unpredictability of timing in the H-1B process. Under the old system, the LCA could be certified automatically upon an attorney submitting it online. Certification is now projected to take 7 days. However, in many instances, the LCA is denied erroneously because of DOL computer error, and must be re-filed, making the exact length of the LCA process unpredictable.
Please contact our office if you’d like to file an H-1B petition for fiscal year 2011. Given the changes discussed here, it would be prudent to begin the process as soon as possible. We look forward to assisting you.
Tags: cap, DOL, FEIN, H-1B, iCert, LCA, quota, tax identification number
Posted in Uncategorized | Read More »
A New Year Brings New Hope for Immigration Reform
Happy New Year to our readers!
After a long holiday hiatus, we are back to blogging regularly. Our blog features posts on a variety of immigration issues, including business immigration, family-based immigration, deportation issues, as well as immigration policy and immigrant rights advocacy.
We hope there will be much to write about this year in the area of immigration reform. Immigration reform is the “dream deferred”* for 12 million would-be lawful permanent residents, most of whom are hard-working and eager to contribute to our nation’s economic recovery. Congress, we are waiting and watching.
*A reference to the poem “Dream Deferred’ by Langston Hughes
Posted in Uncategorized | Read More »
Number of International Students in the U.S. Rising
The number of international students at colleges and universities in the United States increased by an average of 8% for a total 671,616 students, for this academic year, according to the Open Doors report, which is published annually by the Institute of International Education (IIE). This is the largest percentage increase in international student enrollment since 1981, and marks the third consecutive year of growth.
Here’s how it breaks down, according to the Open Doors report, in terms of the top 15 sending countries:
| India | Increased by 9% | 103,260 students |
| China | Increased by 21% | 98,510 students |
| South Korea | Increased by 9% | 75,065 students |
| Canada | Increased by 2% | 29, 697 students |
| Japan | Decreased by 14% | 29, 264 students |
| Taiwan | Decreased by 3% | 28, 065 students |
| Mexico | No increase | 14, 850 students |
| Turkey | Increased by 10% | 13, 263 students |
| Vietnam | Increased by 46% | 12, 823 students |
| Saudi Arabia | Increased by 28% | 12, 661 students |
| Nepal | Increased by 30% | 11, 581 students |
| Germany | Increased by 9% | 9679 students |
| Brazil | Increased by 16% | 8767 students |
| Thailand | Decreased by 3% | 8736 students |
| United Kingdom | Increased by 4% | 8701 students |
While on many levels this is great news, it highlights the inadequacy of our current immigration system, which is based on an antiquated visa quota system that has no relationship to the globalized world in which we live. These international students, who disproportionately obtain degrees in the sciences, are in a position to make enormous contributions to our society. For instance, the Wall Street Journal recently reported that between 1990 and 2007, 25% of all publicly traded companies in the U.S. that were started with venture capital financing had an immigrant founder (“The Other Immigrants”, WSJ, Nov. 18, 2009). Basically, it’s in our interest to keep the best and the brightest of these students here in the U.S. But as the system currently stands, an Indian national graduating with a U.S. degree would need to wait many years (upwards of 10 in some cases) to be eligible for an immigrant visa. Why would this person choose to immigrate to the U.S. , if Canada, Germany, and a whole host of other countries offer a more streamlined and user-friendly system? In short, does it make sense for us to offer the best universities in the world (ours) to the world’s best and brightest, only to watch them take their skills and talents elsewhere?
Tags: colleges, immigrant visa, immigration, international student, quota, universities, visa
Posted in Politics/Current Events, Uncategorized | Read More »
ICE Issues Notice of Audit to 1000 Businesses
In a reflection of the Obama Administration’s continued emphasis on employer compliance with immigration laws, Immigration and Customs Enforcement (ICE) today issued audit notices to 1000 companies. According to ICE’s announcement, these employers were selected due to “investigative leads and intelligence and because of the business’ connection to public safety and national security.” Names of these employers were not released due to “ongoing, law enforcement” concerns, according to ICE’s statement. ICE audits involve the thorough review of an employer’s I-9 forms for their workforce, and traditionally has often resulted in employer sanctions for both routine and more egregious I-9 violations. Sanctions typically range from $375 to $16,000 per violation, with repeat offenders receiving stiffer penalties.
We believe that now would be a good time for all employers to conduct an internal self-audit of all I-9’s, to make sure that the employer is fully in compliance with all rules and regulations. With increased ICE audits, Dept. of Labor audits, and random site visits by USCIS, it is critical that employers pro-actively address any issues with their workforce.
Tags: audit, audit notice, compliance, employer, I-9, immigration, USCIS random site visit
Posted in Employment Verification, Uncategorized | Read More »
Beware: Consulates and Immigration Officers are Reading Your Facebook
We’ve received a number of reports over the last couple of years that some consular officials as well as USCIS officers look for information on Facebook about a person before adjudicating their case. It appears that they are looking for any information that contradicts what’s stated on the application. This should serve as a little reminder to keep your settings on Facebook private, and watch what you tweet.
Tags: consulate, Facebook, immigration, privacy, Twitter, USCIS
Posted in Uncategorized | Read More »
SPECIAL ALERT: IMMIGRATION-RELATED AMENDMENTS ADDED TO FY10 HOMELAND SECURITY APPROPRIATIONS BILL WHICH PASSED IN THE SENATE ON JULY 9, 2009
SPECIAL ALERT: IMMIGRATION-RELATED AMENDMENTS ADDED TO FY10 HOMELAND SECURITY APPROPRIATIONS BILL WHICH PASSED IN THE SENATE ON JULY 9, 2009
I wanted to bring to your attention certain immigration-related amendments that made their way into the Homeland Security Appropriations Bill that passed in the Senate on July 9, 2009:
1) An amendment sponsored by Senator Sessions (R-AL), which would permanently reauthorize the E-Verify employment verification program and require that it be used by federal contractors and subcontractors. The same amendment also permanently reauthorizes the EB-5 program for immigrant investors.
2) An amendment sponsored by Senator Vitter (R-LA), which would undo the recent decision to rescind the Bush Administration rule regarding SSA No-Match letters. Essentially, the law will require employers to fire workers, including U.S. citizens, who are unable to resolve discrepancies in their Social Security records within 90 days of receipt of a no-match letter.
3) An amendment sponsored by Senator Grassley (R-IA), which would allow employers who use E-verify to check the employment eligibility of current employees, not just newly hired employees.
Differences between the House and Senate versions of the bill will now need to be reconciled in a conference of leaders from both chambers.
These amendments come on the heels of the Obama Administration’s notice to 652 businesses that they are the target of I-9 audits.
Based on these developments, it is clear that employers need to be more pro-active than ever in the area of I-9 compliance. Stay tuned for more on this issue in future postings.
Posted in Uncategorized | Read More »
The Law Office of Gali Schaham Gordon now has an immigration blog
I am an immigration attorney practicing in San Francisco representing both corporate and individual clients in immigration matters. My individual clients come from across the globe, and from different socio-economic backgrounds. Many of my clients are highly-educated professionals who have lived in different countries and who see opportunity for themselves and their families in the U.S. Other clients came to the U.S. to escape poverty, injustice, or oppression. All of my clients share a deep desire to live and work in this country, to contribute, and to prosper. Collectively, they are what makes this country unique, vibrant, and strong. With tremendous respect, I dedicate this blog to them.
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