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.
In a recent decision, In the Matter of Ornelas Inc, The Board of Immigration Appeals verified that the Company's yellow page listing, or business licenses does not establish a bona fide Company.
Additionally, if two related companies have two different FEIN numbers, and the alien has worked for one entity, and the other entity is sponsoring the alien, the alien can use that experience and it will not be counted as experience from the same Company. Usually the alien cannot use the experience from the same company for labor certification, with the rationale being that the company can easily employ and American and train that person as well. But if say XY has two FEIn numbers, and the alien has worked for a division of Company X, and the petitioner is Y, then that expiration can be counted, even though the two companies are in the same location.
Thus if the two related companies have two different FEIN numbers, the Labor Dept treats them as two separate companies. Does not make sense, but then, the Dept of Labor never lives in a real world.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
Tuesday, June 30, 2009
Tuesday, June 23, 2009
Naturalization Interview In the Houston District Office
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. After that the Officer will test your English by asking you to read something, or write down a sentence or two. For a copy of the list please go to http://www.visatous.com Go to Links and click on New Naturalization test.
Provided you pass the test, you will then proceed to the next step. This is the actual interview with an Officer. The officer will go over the factual elements of the case. These include whether you had continuous residence, physical presence and whether you have good moral character (ie not convicted of a crime). They might also ask you whether you affirm the Oath Requirements of Section H on Page 9 of the N-400 Form. They are:
Do you support the Constitution and form of government of the United States?
Do you understand the full Oath of Allegiance to the United States?
Are you willing to take the full Oath of Allegiance to the United States?
If the law requires it, are you willing to bear arms on behalf of the United States?
If the law requires it, are you willing to perform noncombatant services in the U.S. Armed Forces?
If the law requires it, are you willing to perform work of national importance under civilian direction?
Provided you pass the Second Step, you proceed to the third step. The Citizenship and Immigration Service will schedule you for the oath ceremony and hand you the necessary papers for the oath ceremony.
After you take the oath, you become an US Citizen.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
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. After that the Officer will test your English by asking you to read something, or write down a sentence or two. For a copy of the list please go to http://www.visatous.com Go to Links and click on New Naturalization test.
Provided you pass the test, you will then proceed to the next step. This is the actual interview with an Officer. The officer will go over the factual elements of the case. These include whether you had continuous residence, physical presence and whether you have good moral character (ie not convicted of a crime). They might also ask you whether you affirm the Oath Requirements of Section H on Page 9 of the N-400 Form. They are:
Do you support the Constitution and form of government of the United States?
Do you understand the full Oath of Allegiance to the United States?
Are you willing to take the full Oath of Allegiance to the United States?
If the law requires it, are you willing to bear arms on behalf of the United States?
If the law requires it, are you willing to perform noncombatant services in the U.S. Armed Forces?
If the law requires it, are you willing to perform work of national importance under civilian direction?
Provided you pass the Second Step, you proceed to the third step. The Citizenship and Immigration Service will schedule you for the oath ceremony and hand you the necessary papers for the oath ceremony.
After you take the oath, you become an US Citizen.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
Tuesday, June 9, 2009
Judge Sotomayor-Can anyone overcome heritage?
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. The conservatives have labeled her a racist. Yet, can we ever be race neutral? Stephen Colbert aptly points that out when he says he does not see color.
Sentient human beings believe in things, shaped by their experiences in life. A republican may have a pro life, pro second Amendment, anti gay views. A democrat may have the opposite. yet each individual can argue and give rational explanations for their beliefs.
Yet, someone of Sotomayor's intellectual capability can dissociate their private beliefs and look at the facts of a case. Can Scalia, Roberts or Alito ever rule for, lets say a gay couple, no matter how compelling the facts of the case are? Are they then not being prejudiced as well?
Contact Houston Immigration Lawyer, Annie Banerjee for more details
Sentient human beings believe in things, shaped by their experiences in life. A republican may have a pro life, pro second Amendment, anti gay views. A democrat may have the opposite. yet each individual can argue and give rational explanations for their beliefs.
Yet, someone of Sotomayor's intellectual capability can dissociate their private beliefs and look at the facts of a case. Can Scalia, Roberts or Alito ever rule for, lets say a gay couple, no matter how compelling the facts of the case are? Are they then not being prejudiced as well?
Contact Houston Immigration Lawyer, Annie Banerjee for more details
Friday, May 22, 2009
Immigration Enforcement By Local Police
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.
Very often the enforcement begins as a form of discrimination. For instance when a Houston Police Officer was killed by an undocumented alien, the Police Department started working actively with ICE, to hunt for illegal immigrants. I sympathize with Policeman killed in the line of duty. They are protecting us and risking their lives, and it is indeed very unfortunate. However, the Police Department cannot single out killers based on their race, national origin, color, etc. I am sure at least one Policeman in Houston was killed by a white male. Do we now work towards vilifying all white males? Of course that ridiculous.
Then there is a perception that most crimes are committed by undocumented aliens. The Report by the Police Foundation concludes that, "These perceptions, however, are not supported empirically; in fact, they are refuted by the preponderance of scientific evidence.
The Bush Era of denigrating the US Constitution has ended. Lets return to the rule of law, where every individual has civil liberties.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
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.
Very often the enforcement begins as a form of discrimination. For instance when a Houston Police Officer was killed by an undocumented alien, the Police Department started working actively with ICE, to hunt for illegal immigrants. I sympathize with Policeman killed in the line of duty. They are protecting us and risking their lives, and it is indeed very unfortunate. However, the Police Department cannot single out killers based on their race, national origin, color, etc. I am sure at least one Policeman in Houston was killed by a white male. Do we now work towards vilifying all white males? Of course that ridiculous.
Then there is a perception that most crimes are committed by undocumented aliens. The Report by the Police Foundation concludes that, "These perceptions, however, are not supported empirically; in fact, they are refuted by the preponderance of scientific evidence.
The Bush Era of denigrating the US Constitution has ended. Lets return to the rule of law, where every individual has civil liberties.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
Friday, May 8, 2009
Knowing stealing your identity
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. He did not know that the numbers belonged to real persons. The Government charged him with aggravated identity theft crime. But in the US, a crime must have a mental (mens rea) component to it. For instance, if a person is insane and does not know right from wrong, and commits a murder, she cannot be held criminally liable. In order to commit a crime, a person should must have the intention to commit the crime.
The Supreme Court pointed out that in most cases proving that the user knew the identity of the person stolen is not difficult. But the documents that Flores produced had his (Flores') name on it. He did not know, that the number belonged to a real person in the United States.
People who had their identity stolen will obviously be outraged. But we have a long standing tradition in this country that a crime has to have a mental component. If we let this tradition slip, we will have to jail people who unintentionally commit a crime. The State has no moral authority to take away the liberty of people for their unintentional act. Stolen identity can be restored, although this may be a painful process. But taking away the liberty of a person violates the very principle of life, liberty and the pursuit of happiness that the United States was founded upon. I applaud this unanimous decision by the Supreme Court.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
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. He did not know that the numbers belonged to real persons. The Government charged him with aggravated identity theft crime. But in the US, a crime must have a mental (mens rea) component to it. For instance, if a person is insane and does not know right from wrong, and commits a murder, she cannot be held criminally liable. In order to commit a crime, a person should must have the intention to commit the crime.
The Supreme Court pointed out that in most cases proving that the user knew the identity of the person stolen is not difficult. But the documents that Flores produced had his (Flores') name on it. He did not know, that the number belonged to a real person in the United States.
People who had their identity stolen will obviously be outraged. But we have a long standing tradition in this country that a crime has to have a mental component. If we let this tradition slip, we will have to jail people who unintentionally commit a crime. The State has no moral authority to take away the liberty of people for their unintentional act. Stolen identity can be restored, although this may be a painful process. But taking away the liberty of a person violates the very principle of life, liberty and the pursuit of happiness that the United States was founded upon. I applaud this unanimous decision by the Supreme Court.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
Wednesday, April 22, 2009
DOL's Emphasis of Form over Matter shot down
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. Such was the case of the Kellogg language which needed to be inserted if the employee qualified for a job in an alternative capacity. For instance, if the job is for software engineer and the employer will accept software degree holders or say MIS or any combination of that; then the PERM form should have the magic language that was mandated by a case called Kellogg. As long as the employer (or attorney) put in the magic language,"“any suitable combination of education, training or experience would be acceptable", you are good to go. This requirement does not have to be in the advertisement, or anywhere except the PERM form. When it is apparent that the employer will accept alternatives, what good will sprinkling the magic language into the form achieve? Thankfully the Board of Labor Certification Appeals recently ruled that it would be fundamentally unfair to deny certification based solely on the fact that the employer did not sprinkle the magic language into the case.
Our legal tradition had always emphasized matter over form. But thats not the case in immigration law where still form is emphasized over substance of a case. Already this field of law does not attract the top law students. I think in the future immigration law (unless of course it changes)will be performed by robots.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
Our legal tradition had always emphasized matter over form. But thats not the case in immigration law where still form is emphasized over substance of a case. Already this field of law does not attract the top law students. I think in the future immigration law (unless of course it changes)will be performed by robots.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
Friday, April 17, 2009
The NEW LCA (iCERT) Portal
The Department of Labor has just introduced a new spiffy internet portal called iCERT. http://icert.doleta.gov
Employers 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 new portal looks great. It has everything in one site--- wage determination, LCA, PERM, etc. But most if not all attorneys and employers have a huge database of clients who they represented over the years, and that data is stored in what they call the legacy sites. The new site has a link to the old site, but data from the old site will not transfer to the new portal. Which means a lot more unnecessary work for us. Neither does data transfer from one part of the portal like wage determination into another part, like ETA 9035, the LCA form. So why then have everything under one portal?
I don't know how much tax payer dollars went into building this new site. But I think whoever designed this just did not think and thinking is of course not part of any Governmental job.
Other minor irritations with this site is that every time you log in, a screen pops up saying ALL data will be "monitored, intercepted, recorded, read, copied, or captured and disclosed in any manner by authorized personnel." Yes, we know this is public record. We dont mind. But must we have to click it EVERY time! Why can they not have it only the first time.
The secret questions which you submit to DOL, the answer to which you have to recall if you should forget your password or have any problems, all deal with "your favorite....." I (and most users of this database) are not TWEENS. I don't have, Oh my God, my favorite food, my favorite movie, and of course those vampire books, and I'll always love Zac Efron. I didn't even know who Zac Efron was until he came on SNL last week. The DOL does not realize that the world for us has variety, and we have multiple favorites.
And yes, we cannot at present think of any other useful thing to do with tax dollars than building a new spiffy web site for the DOL.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
Employers 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 new portal looks great. It has everything in one site--- wage determination, LCA, PERM, etc. But most if not all attorneys and employers have a huge database of clients who they represented over the years, and that data is stored in what they call the legacy sites. The new site has a link to the old site, but data from the old site will not transfer to the new portal. Which means a lot more unnecessary work for us. Neither does data transfer from one part of the portal like wage determination into another part, like ETA 9035, the LCA form. So why then have everything under one portal?
I don't know how much tax payer dollars went into building this new site. But I think whoever designed this just did not think and thinking is of course not part of any Governmental job.
Other minor irritations with this site is that every time you log in, a screen pops up saying ALL data will be "monitored, intercepted, recorded, read, copied, or captured and disclosed in any manner by authorized personnel." Yes, we know this is public record. We dont mind. But must we have to click it EVERY time! Why can they not have it only the first time.
The secret questions which you submit to DOL, the answer to which you have to recall if you should forget your password or have any problems, all deal with "your favorite....." I (and most users of this database) are not TWEENS. I don't have, Oh my God, my favorite food, my favorite movie, and of course those vampire books, and I'll always love Zac Efron. I didn't even know who Zac Efron was until he came on SNL last week. The DOL does not realize that the world for us has variety, and we have multiple favorites.
And yes, we cannot at present think of any other useful thing to do with tax dollars than building a new spiffy web site for the DOL.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
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