Archive for October, 2013

Immigration Reform

October 17, 2013

The shutdown proves that we are a deeply divided country.  And the ONLY reason that the Republicans gave in is because their constituents, big business said no to them. It was survival for them, an economic necessity.

When it comes to immigration and the shutdown, the media seems to harp upon how people waiting in line was affected.  But Citizenship and Immigration Service was open, and legal people had NO EXTRA wait time.  The shut down merely hindered illegal people.

 

The media never paid attention to businesses.  Business lost immensely because they could not file transfers of H-1B visas.  The Department of Labor was closed.  Before filing the H-1B visa, the Department of Labor has to certify that the beneficiary is being paid a fair wage.  The Department of Labor was closed.  Professionals who were reaching the end of their stay could not file PERM- Labor Certification or H-1B extensions.  These individual came into this country legally, and perform professional services mainly in sectors where not enough qualified US Citizens exist.

 

Yet the Democrats have made immigration into an illegal Mexican issue.  However it will be up to the Republicans to champion their side.  During the passing of the Affordable Care Act, the Republican just chose not to participate.  As a result we have a one party Act, which does not address for instance, tort reform.  Even though tort reform is a State issue, the federal Government could easily have limited it under the Act.  Ambulance chasing law suits add to useless and expensive tests that greatly increase health care costs, and will continue to do so.  But the tort lawyers support Democrats.  Lets not make Immigration a one party law.

 

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

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When Government Reopens

October 17, 2013

Yes, the Government is back up, but not their web site.  When the Government shut down, it took them 2 seconds to shut everything down and go home.  Now that they are supposed to show up for work again, they are forming their “post shutdown” schedule.

We are monitoring the progress and will let you know when the web sites go up again.  Meanwhile H-1Bs cannot be filed without certified labor condition applications.

PERM- Labor Certification website is still down.

Any package that we sent to Department of Labor was held by fedex, and will be delivered today.

Any question that you might have as to how long it will take has one answer: “who knows”.  Hopefully shortly.  Hopefully labor condition applications and Prevailing Wages will be adjudicated swiftly.

With that in mind, we are sending advertisements for quotes.

Once the web sites are back up, employers can register for PERM- Labor Certification again, and file labor condition application.  And yes, we will file all the PERM- Labor Certifications waiting us.

 

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

The Government Shutdown will not generally effect most Immigration cases

October 1, 2013

Please note that the Government shutdown due to the budget impasse does not affect Citizenship and Immigration Service.  Citizenship and Immigration Service operates with the filing fees of petitions, and does not rely on any Government funding.  Just like the Postal service, the Citizenship and Immigration Service will run as usual, with the same number of staff.  This means that your business and family immigration case will not be affected.  It will not take longer to process due to Governmental shutdown.

All individuals should go for their interviews and fingerprinting as usual.

The icert (labor condition application, filing before H-1B) and PERM- Labor Certification systems operated by Department of Labor is also running.  The Department of Labor has said its “expected” to operate.  However in the event that the impasse continues for a long time, and their funds run out we will not be able to operate their web sites.  Right now there is no indication of a Department of Labor (Foreign office processing) will shut down.  However if the shutdown is prolonged, we will not be able to file new labor condition applications or PERM- Labor Certifications or audit answers.  Right now, we have to operate as usual.

Department of State will try to stay open as much as possible, but again, might close if the shutdown is prolonged.  Right now there is no report of any consulates being closed.

The Customs and Border patrol will also operate as usual.  So will Transportation Security Agents at ports of entries.

In the Immigration arena, the only type of cases already affected is deportation cases.  The courts will only hear detainee cases.  Other cases are being temporarily stopped.

For more detailed information, please go to:

http://www.whitehouse.gov/omb/contingency-plans

 

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