H-1B and Computer Consulting Company

By | Business Immigration, CIS, Citizenship and Naturalization, H1-B, Uncategorized | No Comments

H-1B lottery is upon us again. This post will deal with some common Request for Evidences for H-1Bs for computer professionals.
Let’s start by saying that the government hates Computer Consulting Company, and they in turn do commit the most amount of fraud. But measures to shore up the H-1B should come from Congress. The Citizenship and Immigration Service as an agency cannot act on its own and impose restrictions that violate the rule of law. Add to that the fact that many senior managers at all agencies have quit, and officers are left to adjudicate on their own, giving birth to a disaster. There is no rhyme or reason why Citizenship and Immigration Service makes things up, and why officers adjudicate however way they feel like.
A couple of years ago, the Citizenship and Immigration Service decreed that the title of “Computer Programmer” is not a specialty one. Even though the requirement of a Computer professional is the same as Systems Analyst, software engineer, software developer. Now they don’t like Computer Programmer and Systems Analyst.
As many of you know, new H-1Bs are filed on March 31, to reach the Citizenship and Immigration Service office on April 1. The Citizenship and Immigration Service made an ultra vires declaration on March 31, 2017 that level 1 job for computer professionals, and computer professionals only, are not “Specialized” jobs. In 2010, Citizenship and Immigration Service had held that a petitioner must “control” employees. When challenged by an ex-Congressman, now an attorney who represent nurses and wrote the H-1B law, the Citizenship and Immigration Service selective applies this control doctrine only to Computer professionals.
The Citizenship and Immigration Service also routinely denies cases on the ground that the Computer job is “vague, non specific, and not specialized.” You can give them a 10 page detailed job description, they come back with form denials, which they copy and paste. How do officers judge that a certain job, which they presumably do not understand is “vague” ? Even with expert opinions, the Citizenship and Immigration Service claims, “we don’t have to take expert advice. We can tell that this is a vague description.” These officers earn less than computer professionals. Why they stick to their Government jobs is beyond me.
As I started by saying, there is fraud in the dealings of the computer consulting that has to be remedied. But this is not the way to do it. Because after all it is our freedom that the government guarantees in our Constitution. This will only lead to a slippery slope, whereby other agencies will also make law themselves, until we cease to be a democracy.

For more information contact Banerjee & Associates

Supreme Court Denies Trump Administration Expedited Appeal – Delays DACA Termination

By | CIS, DACA, Executive Order, Immigration, Immigration Reform, SCOTUS, trump | No Comments

Today, the Supreme Court denied the Trump administration’s request for an expedited judicial appeal, in an attempt to bypass the Ninth Circuit Court of Appeals while appealing a lower Federal District Court’s ruling that the Deferred Action for Childhood Arrivals (DACA) program must continue to accept renewal applications during the appeals process. What it means is that the Supreme Court wants DACA to wind its way through the legal process before tackling this issue. We predict that it will take at least 1.5 years to go through. By then, we hope that Congress will get a comprehensive Immigration bill passed. Until such time, the Citizenship and Immigration Service will continue to accept and approve DACA application.

Last September, President Trump originally ordered DACA to end on March 5, 2018, but on January 10, 2018, California Federal District Judge William Alsup temporarily blocked the Trump administration’s efforts to end DACA, and ordered the administration to resume receiving DACA renewal applications.

Now, if President Trump wishes to continue its appeal of Judge Alsup’s ruling, it must first file an appeal with Ninth Circuit Court of Appeals, traditionally a liberal leaning court that is likely to deny Trump’s appeal.  Once that denial is issued, then President Trump may resume its appeal to the Supreme Court.  However, even then, the Supreme Court is under no obligation to  grant certiori, meaning it would agree to hear the Trump administration’s appeal.  All these appeal steps will take time, from a year to a year and a half.

While these sets of appeals are taking place, the lower court ruling by Judge Alsup forcing the Department of Homeland Security to continue to accept DACA renewals still stands.  Thus, DACA recipients (“Dreamers”) can continue to renew their work permits under DACA.  More importantly, it buys time for Congress and the President to hopefully find a resolution to allow the nearly 700.000 Dreamers to permanently remain in the United States.

For more information, contact Banerjee & Associates

DACA Rescind

By | CIS, Citizenship and Naturalization, DACA, DAPA, Immigration, Immigration Policy, Immigration Reform, Travel, Uncategorized | No Comments

1. If your Work Permit expires March 5, 2018, you can file DACA extension for 2 more years—–but the application has to be received by Citizenship and Immigration Services before October 5, 2017
2. If your application is pending, the Citizenship and Immigration Services will continue to process them. Do your fingerprinting and answer all Request for Evidences
3. Anyone else cannot apply. It is advisable not to travel, even if you have a valid advance parole

Trump has asked the Congress to come up with an Immigration plan within 6 months

The Republicans are not going to hear “emotional stories” of family unity. The only explanation is a logical one: We educated the children brought in without intention of coming illegally. They can work and pay taxes. They have already proven to be productive. Besides, they have no ties to their home country.

I think both Democrats and Republicans would be open to extending DACA —-although the Obama era name might go. But if Democrats push for Citizenship, ie votes, then the outcome might get harsher. Republicans control the Legislative, Executive and Judiciary, and Democrats need to be prudent


For more information visit Banerjee & Associates

Canadian Visitors need to check I-94

By | Canada, Canadians, CIS, Commentary, I-94, Immigration, Immigration Policy, Uncategorized | No Comments

Canadians historically have crossed the border and have not been issued an I-94, nor have their passport been stamped. Snowbirds came to Florida or Arizona, and stay the entire winter, which might stretch more than 6 months. The Customs and Border Patrol (hereinafter CBP) has recently, without any warning whatsoever, started issuing I-94.  Since the I-94 is issued electronically, the Canadian nationals may not even know about it and thereby have illegal stay.

Moreover under 8 CFR §214.2(b)(2), Canadian visitor’s with a B visa has to be given a minimum of 6 months. I-94s might be given for shorter duration.

This procedure, done very quietly by CBP, might put a lot of Canadians in illegal status. Then depending on the length of their illegal stay, they may be barred from entering the United States for 3 to 10 years. This bar means no cross border shopping or even visiting your winter home down south.

Please go here to check your I-94 and get the date by which time you will need to leave USA.

For more information, please contact Banerjee & Associates.


USCIS Case followup

By | CIS, Commentary, H1-B, Immigration Policy, Uncategorized | No Comments

The USCIS generally gives processing times in Month. For instance, the Nebraska Service Center is processing H-1Bs that were filed in July 2016. However, they have said that from July 4th, will give a specific date. For instance, Nebraska Service Center is processing H-1Bs filed on July 02, 2016. If the processing time exceeds by 1 month, then you can follow up with CIS> Therefore if the date on your receipt notice is July 01, 2016, and you have not heard from the USCIS by Feb 04, 2017. The processing times are available here.

For more information contact Banerjee and Associates

DUI/DWI and Immigration

By | CIS, Employer/Employee, H1-B, Immigration Policy, Uncategorized, US Consulate, Visa | No Comments

With Thanksgiving approaching, I hope you all stay safe and don’t drink and drive.  But if you are a non immigrant (ie with say a H, E, an L or a TN visa) and you get caught (not convicted, just caught), you may receive a letter in the mail, cancelling your visa.

But, you say, you thought that you were presumed innocent until proven guilty in America.  And you are right.  Yet, the Department of State has the right to suspend your visa.  Because this is not a legal ground of inadmissibility, it’s a medical ground of inadmissibility

If your I-94 (here) is still valid, you can continue to work in the USA.  However, if you go outside the USA, you will be required to revalidate your visa.  The post will send you to a medical doctor, who will evaluate whether you are “medically fit” (read not an addict) to do your job.

So have fun, drink, but don’t drive if you do drink.  Or at least, don’t get caught


Please contact Annie Banerjee at Banerjee & Associates for more information


How to handle the Department of State

By | CIS, Commentary, Uncategorized, US Consulate, Visa | No Comments

Useful tips

1. Go dressed well for the interview
2. If you get a 221 G –con tact your attorney. Consulate decisions are final, and if you are denied, you will not be able to reenter
3. After you submit your answer for a 221G, please have patience.
4. The posts tell you to wait at least 60 days before inquiring. We actually advise 90 days. The posts are busy, so if you make yourself or your attorney a pest, the post will simply deny the visa.
5. Once you get your visa, you buy your tickets. We advise that you enter during working hours on week days, even if those tickets cost a bit more. This is because on week days and working hours the Customs and Border Patrol personnel are more senior, hass more experience and has seen your type of case before
6. Please note that if you do get into Secondary Inspection, this is not an adversarial encounter. Yes, it is difficult to wait hours after arriving from an International destination. However the visa officer is simply doing her job.
Also please note that Canadians are given I-94s. Please check your I-94 status here. Please do not overstay your visa.

Please contact Annie Banerjee at Banerjee & Associates for more information.

CIS Fees Increase

By | CIS, Fee increase, H1-B, Immigration Policy, Uncategorized | No Comments

Citizenship and Immigration Service is giving a nice Christmas present to everyone.  From December 23, the fees are going to be increased. Below is a list of fees and the corresponding increase of petitions our law office does often.


Petition type Fees on or after Dec 23 Increase
I-129: H-1B, L, TN, E 460 (other fees like fraud fee and ACWIA fees remain the same +135
Dependents: H-4, L-2, TD, etc 370 +80
Adjustment of status: I-485 1225 + 155
I-765 Employment Authorization Document 410 (In most cases add $85 for fingerprinting) +30
Travel Permit I-131 575 (In most cases add $85 for fingerprinting) +215
I-140 700 +120
I-130 For family 535 +115
Fiance I-129 F 535 +215
Extension of Green Card (Permanent Resident Card) I-90 540 +90
Motion to Reopen I-290B 675 +45
Naturalization: N 400 725 +45—Note this form is reduced for poor people and free for really poor people
Kids Certificate for citizenship 1170 +470
N-565-If you lose your Citizenship Certificate 555 +210
I-526 EB-5 3675 +2175
I-601 Waiver 930 +345

For more information contact Banerjee & Associates 

H-1B lottery

By | CIS, Commentary, H1-B, Immigration Policy | No Comments

Every year as winter starts to fade into spring, the Citizenship and Immigration Service receives thousands of petitions for H-1B visas. 236 thousand petitions last year to be precise. H-1B visas are used by US Employers to get highly qualified professionals, mainly in Science and Computer fields, from other countries. The Congress has imposed a quota on new H-1B visas of 65K every year (plus 20 K for US Master’s Degree holders). So every year in mid-April, the Citizenship and Immigration Service does a lottery and only the lucky 65K + 20 K get in.

The chances of getting into the lottery in 2016 is a little more than one in three. As our country grows, its needs grow resulting in more and more petitions and less chances for petitions to be selected. If an attorney prepares the H-1B file, the employer loses the attorney’s fees if they do not get into the lottery. Thus big companies like Google, Facebook, Microsoft and other Silicon Valley Billion dollar company can afford to lose money and file thousands of petitions every year. Google for instance filed 9280 petitions last year. That’s like buying 9280 lottery tickets rather than one that the small employer can afford. And although the lottery probably is random, the probability for winning it is higher if you buy more lottery tickets. And yes, we business Immigration attorneys earn a lot of money during that process as well.
The Citizenship and Immigration Service always maintained that the lottery process was fair. However, two companies in Portland Oregon—-Tenrec Inc. and Walker Macy LLC has filed a lawsuit against the Citizenship and Immigration Service to make the lottery process more transparent. A federal judge has ruled that the plaintiffs have standing to sue. What the plaintiffs’ are asking for though, is to not close the accepting of Petitions for the first 5 business days in April, but prolong it year long. That might actually be worse in creating log jams and increasing processing times for H-1B petitions. And American Immigration Lawyer’s Association has also filed a FOIA suit to make the lottery process more transparent.
Although greater transparency is desired from any Governmental organization, mere transparency will not solve the H-1B problem. The market place works on a supply and demand theory. The artificial quota system demands that employers project their need in the beginning of the year, think about the lottery and apply as many petitions as possible. Similarly highly educated tech employees in India and elsewhere seek out employers and in many cases pay them to file their cases. But doing away with the quota requires a Congressional Act, and as we all know, Congress does not act.

For more information call Banerjee& Associates.

When Natural Disasters happen

By | CIS, Commentary, Immigration Policy | No Comments

The Government works with deadlines. Unlike State Court where lawyers can argue that they are not ready and reset the date of their hearing, we attorneys working with federal agencies have to such leverage. We are given an audit notice by the Department of Labor, and we have to answer in 20 days. No matter if your mother dies, or you have a tragedy. Unlike State court lawyers, we also cannot take holidays, unless some other lawyer covers us.
So what happens when there is an act of nature? I had to file a request for evidence for a case when Hurricane Rita caused Houston to shut down and flee town. I took my fedex envelops with me on a 10 hour journey to Austin, and mailed them from there. However, recently, with major hurricanes, floodings, etc, the Citizenship and Immigration Services issues guidelines. With the advent of websites to contact the Government is relatively easy. However, one will still need the receipt number to communicate with the Government.
When forces of nature happen, the Government offices are immediately closed and appointments are rescheduled. However, the lawyer and the clients are still left with the burden of answering and filing.
With the heavy rains paralyzing Baton Rouge, these are the guidelines from Citizenship and Immigration Services.
USCIS offers immigration relief measures that may help people affected by unforeseen circumstances, such as disasters like the recent severe storms and flooding in Louisiana.
These measures may be available upon request:
• Change of nonimmigrant status or extension of nonimmigrant stay for an individual currently in the United States, even if the request is filed after the authorized period of admission has expired;
• Re-parole of individuals previously granted parole by USCIS;
• Expedited processing of advance parole requests;
• Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
• Expedited adjudication of employment authorization applications, where appropriate;
• Consideration of fee waivers due to an inability to pay;
• Assistance for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to appear for an interview, submit evidence or respond in a timely manner;
• Replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card);
• Rescheduling of a biometrics appointment.
Note: When making a request, please explain how the severe storms or flooding created a need for the requested relief.
However, to contact the Citizenship and Immigration Services, you will still need the receipt number. If any lawyer’s office is flooded, I hope the Government will understand. Global warming will cause more and more natural disasters every year. A humane Government agency will be appreciated. On the other hand, a lawyer should save important documents in the cloud for easier access.

For more information please contact Immigration Lawyer, Annie Banerjee in Houston

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