Immigration for New Businesses

The Director of Citizenship and Immigration Services (CIS), Mr. Alejandro Mayorkas, recently said, in a speech at MIT that the Obama administration realizes that immigration process is bad for new business /entrepreneurs and is working to make it better.

The Obama administration in keeping with their party line, has been far worse than the previous administration on business immigration.  ( And yes, I am a democrat).  In 2010, the administration issued an inane memo about employers "directly controlling" their employees.  When people, including ex Congressman who helped draft the H-1B bill complained, the CIS started selectively using that memo for H-1B from Computer Consulting industry and not other industries. Where is the rule of law, Mr. President?  Additionally,  the approval depends on the whim of individual officers rather than any objective criteria. I know its hard to create an objective black and white rule about businesses which will last, and others which won't, but the CIS should be able to have some of that "direct control" over its employees.

I understand that there is a lot of fraud. Employers may bench employees for some time. However this is the reality of their business. Why not let the market place solve this issue?  It amazes me that change/extension of status is so hard for employment based visas.  Yet these people entered legally and is highly educated.  Why not defer action them, and show some mercy to people who are actually working in high paying jobs and paying taxes?

Business Immigration is an issue that both Republicans and Democrats can agree on.  These immigrants are not illegal, educated with at least a Bachelor's Degree or higher, bring in money, or work and produce income and is good for the economy.  Last year a bill to do away with country quotas passed with a 97% approval in the House. Yet all democrats voted against the Republican sponsored STEM act in December.  Republicans and Democrats, you wont offend anybody, including your base, by agreeing with each other for once.

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information

Immigration Reform Can and Should be done Piece Meal

At the onset let me make it clear that I am a Democrat.  And a liberal one at that. But today, I applaud the Republicans and perhaps hate the Democrats on Immigration issues. Today the House will vote for the STEM Act. The Stem act does away with the Diversity visa and gives visas to highly qualified Science and Technology Graduates, who are in the country legally.

The Democrats of course think that these Science and Tech grads will become high earning and won't vote for them. Seriously, Silicon Valley is largely Democratic. But if the Democrats dont do anything for them, maybe Silicon Valley will turn Republican. They Democrats want a huge comprehensive Immigration Act. This is an act for illegals and legals and everyone else.  And this will take time, and may not materialize. The Democrats are also behaving in a high handed manner.  Yes, the country voted Democratic ( for the record I also voted straight party Democrat) for the Presidential election. But the House is still majority Republican. And if the Democrats don't compromise, then just like the last four years, we will have no legislation.

The Democrats have to answer this:  Would the United States benefit more from a highly qualified Science and Math graduate who was born in say India or China, rather than a High School Graduate born in Africa who will come in with the Diversity Visa. Bear in mind, this country still have a lot of high school graduates (heck we still have a lot of college graduates) still looking for work.

Nancy Pelosi and her Democratic colleagues simply cannot be ANTI BUSINESS IMMIGRATION.  Lets face it, the word COMPREHENSIVE means both business and family immigration.  And Immigration is too big an issue to handle all at once.  And lets start piece meal. 

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information

Thanking for What?

I wish I could say Thank you for Comprehensive Immigration Reform. I wish I could say thank you to a Congress that actually cared about the people rather than their own reelection. I wish the Republicans and Democrats could work together. 

But I can't. I cant even give thanks to Mr. Obama for the new DACA law.  Why? Because most officers are asking for documents that are sometimes impossible to get. The applicants have to prove that they were in the United States from 07.  After they graduate High School, they work illegally for cash. They live with their parents. Why is it not enough that they went to school here in the United States and graduated high school? 

But the Immigrant vote is growing.  And both Republicans and Democrats need those votes to win.  

On my list:

1. Give legal status to people here illegally, (provided they have a job and clean status) so that they can pay taxes and pay for services rendered to them

2. Do away with country quotas which are remnants of Xenophobia and grant visas to people irrespective of national origin or color, equally

3 Do away with quotas for non immigrant visas and let the free market system dictate the amount

4. Standardize the granting of visas from all consulates around the globe. 

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information.

4 More years----We need Immigration Reform

We the people voted in Obama for a second term. In the first term many Republicans in Congress simply would not pass anything.  They wanted the President to fail.  They simply collected pay from the taxes of American people and did nothing.

Mitt Romney, in his concession speech said he would like America to come together. I don't know if this is just another Romney lie. Hopefully they will cooperate, because if not, the public will not look at them favorably in 2016.

However if they dont, Obama need to forge ahead with Immigration Reform. The Deferred action for illegal Immigrants need to become law.  So does business immigration, including entrepreneurs and investors.  And Professionals, And researchers. We build this nation by Immigrants. And to do away with restrictive country quotas for visas. 

We have again elected a black President.  The other choice was a Mormon. Its high time we give Liberty and Justice for all---whether they are gays, immigrants or different religious beliefs.

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information

Getting to the end of the Green Card Process

The Labor Certification in effect certifies that no qualified Americans are there to do the job.  Provided an employer advertises and tests the job market, and cannot find an American to do the specific job, a labor is certified.  Many employers have not found anyone in the first place, therefore they employ the beneficiary.  But that is NOT the end of the road. To get the Green card (Permanent Resident Card)

However this is NOT the end of the road. The next step is I-140. here the USCIS ascertains that the Employee has the required education, experience and training. The Employer also has to have the ability to pay the employee. And often this is where the labor certification is denied and the process ends. 

There are a lot of reasons for this. Sometimes many employees want Second Preference, especially if they were born in India or China.  However the prevailing wage for that is very high, especially if one uses a Bachelor's Degree and five years experience.  The employer may not be paying the employee that much.  And many employers take deduction and do not show net profit.

The easiest and surest way to prove that the employer has the ability to pay is either the employer pay the employee the amount of prevailing wage or the employer shows more than this amount in their net profit. There are other ways too, for instance:

The employer had some unforeseen expenses like opening a new office and took Depreciation 

The employer is an established business and routinely earned a high income, however due to a particular recession (like the 2009 housing bust) they are unable to perform in a particular year. 

Note these factors are not sure bets.  The USCIS looks at the totality of circumstances.  However all these factors needs to be discussed BEFORE filing the labor certification.  It is also a good practice to get the Prevailing Wage from the Dept of Labor before advertising, so that the process can end if the employer cannot meet the wages, or the Labor can be filed under EB-3 with lower wages instead of EB-2. 

Also the Employer has to show the ability to pay from the time of the filing of the Green card until the employee gets the green card.

Also bear in mind that the ability to pay has to be shown from the year the Labor Certification is filed. So if the employer has financial difficulty in 2012, it is better to file the labor certification in 2013.  However it is completely useless to get a labor certified if the I-140 and even the I-485 is not certified. 

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information

DOMA ruled Unconstitutional

Edith Windsor was in a relationship for a long time, and was married in Canada in 2009. She is 83 and lived in New York. When her spouse died the federal Government levied a tax of $363,000/- that would not be ordinarily levied on a widow.  Why? Because Edith was a lesbian, and the marriage was same sex.

The IRS looks to a State law in determining whether the person is married. New York recognized gay marriages in 2011. But the couple was married in 2009. Under the Federal Law Defense of Marriage Act (DOMA) , the word spouse is defined as a person of the opposite sex. The second circuit yesterday became the second federal court to rule that DOMA is unconstitutional. It takes away the rights of same sex couples that are inherent in heterosexual couples.

Although this case is a tax case, it has humongous impact on Immigration. Many long term same sex couples cannot get the immigration benefits from being married to their long time spouse.  They are actually penalized more heavily than even Edith Windsor.  Many times they are forced to live illegally, with no immigration benefits, but simply because of the love for their partners. If that partner dies, they cannot gain anything monetarily.

Same sex marriage is legal in 6 states and the District of Columbia. 5 more States allow Civil union. 4  States are voting on the issue in November.  Hopefully the tides will turn and we can actually become a land that guarantees "liberty and Justice for all."

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information.

Documentation for the Undocumented

President Obama decreed that students and those who at least graduated high school, has a clean record, and had arrived here illegally as a minor through no fault of their own would not be deported and can get temporary work permits.  The children had to have arrived before 2007,  before the age of 16, and have been present continuously present in the country and been here on June 15, 2012. This sounds good, and many people qualify.  But the problem for many kids is getting the documents.  If they were registered in school since 2007 to present, then school records should suffice.  But the problem comes in where the children graduated from high school before June 2012.

After they graduate, many children simply live with their parents.  They dont have lease, or utility bills under their name.

They work illegally for cash. Their employers dont want to say that to the government, and understandably so.  Since they deal in cash, they dont have receipts, bank accounts or credit cards.

They are generally in good health and don't visit doctors or hospitals.

Although they attend church regularly, what United States Citizenship and Immigration Office is looking for is baptism, first communion or wedding records. Just letters from pastors stating that he has seen them attend church may not be enough.

Some of the other evidence would be maybe Facebook records or phone records for texting, or maybe internet postings.  But not all children are computer savvy enough to get this from 2007. And  many may not have Facebook accounts in 2007, and many may not have kept their MySpace accounts from 2007.  Also those records must somehow establish that the children were in the United States. These children certainly did not think, let me post, "Beautiful day in Houston" in 2007, in the hope that maybe sometime in the distant future this would establish that they were living in Houston since 2007.

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information