Archive for August, 2009

iCert Gripe

August 12, 2009

Employer: I got this contract to start work in 1 week.  I have the perfect H-1B guy. Can you have the petition to me by tomorrow?

Attorney: No can do

Employer: Why? You always do that.

Attorney: That was before July 1. iCert will prevent me from doing that now.

Employer: iCert?

Attorney: Yes, the new LCA system. We file it, then wait 4-5 days. Then hopefully if the DOL can identify your FEIN, we may get an approval. If  not, you submit FEIN documents to DOL, wait 4-5 days.  DOL verifies it, then you need to file again. Then wait 4-5 days again…… This is a song that never ends, it goes on and on my friend

Employer: Stop singing, you have no tonal sense. So wait, wasn’t the purpose of AC-21 to increase competitiveness in the workplace with Employers being able to hire and get work done more quickly? Has Obama changed the century on us as well? Do we have a new AC-18?

Attorney: Ummm, the only thing that Obama wants fast is that health care reform. He said immigration has to wait.  Besides the DOL is terrified that we are all trying to pull one over them. All of us trying to file fraudulent LCAs, our Government doubts everything we do

Employer: Thats bullshit! This is not fucking North Korea. This country was built on trust, where we elect our Government and have mutual trust. Besides illegal people don’t file H-1B. H-1Bs are professionals who will go back to their country if they don’t have a job. So this Computer program that DOL has, was it even beta tested?

Attorney: Calm down Sir. You just have to be patient.  I quote from DOL’s stakeholder’s meeting on 07/31:”iCERT Program has only been operational for 3 months at this time, so bugs are to be expected at this point.”  Also Sir, If we file an LCA, and it is denied, the notice will only go to you, not us.  Can you kindly forward it to us?

Employer: I am not dealing with this. I’ll just outsource the work. Maybe the DOL should have hired H-1B professionals to design a better program.

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

Immigration Policy and Obama

August 5, 2009

In an article published on August 3, in the New York Times, the Obama Administration, contrary to their campaign promise is pursuing the same policy as its predecessor, President Bush on Immigration Enforcement. They are increasing the I-9 audits, the E Verify program, and has introduced a program to check the immigration status of every person held for any crime.  While these policies are meant to deter illegal immigration, the potential for civil rights violation especially of Hispanic Americans in any one of these programs is very great. In any of these programs racial profiling occurs routinely.

The New York Times article quotes Senator Charles Schumer (D NY) as saying that this stance is in preparation for the immigration legislation to be introduced later in the legislature. “Democrats have to “convince the American people there will not be new waves of illegal immigrants” after an overhaul passes,” Senator Schumer told the New York Times.

While that might be the case, a significant amount of Hispanic supporters are not happy with this policy.  And Hispanics are the fastest growing segment of the American population.

Additionally, no matter what the Democrats do, the hard core republican will always perceive the democrats as soft on immigration.

Immigration enforcement should be left up to the harsh realities of the marketplace. If there is a need for foreign workers, businesses will get them. No one will cross illegally into the United States, risking life and limb, leaving behind their families, if there is no jobs in the United States for them to do. That way it satisfies the Republicans in their Laissez Faire economic policy and satisfies the Democrat’s pledge to restore the civil rights of every American which was taken away by the Bush Government.

Contact Houston Immigration Lawyer, Annie Banerjee, for more information