Archive for the ‘Commentary’ Category

Immigrant Success Stories Stack Up Against DREAM Act Opponents

Wednesday, August 17th, 2011

Houston, Texas – As the Senate wrangles with the DREAM Act, it is important to remember stories of immigrants who were given the chance to become U.S. citizens, immigration lawyers say. The Development, Relief and Education for Alien Minors Act (DREAM) is part of the Comprehensive Immigration Reform Act of 2011 that focuses on border security and enforcement measures. The DREAM Act allows children who moved to the U.S. before 16 years old, and have been here for at least five years, to become legal citizens. They would have to graduate high school, have a clean criminal record, and go to college or enlist in the military for two years to be eligible.

There are some opponents to the reform bill that feel that young immigrants with misdemeanors could become citizens or take jobs away. “But what these people fail to realize is that there are many immigrants who want to contribute to the American society and will give every fiber of their body to give back,” said Houston immigration attorney Annie Banerjee.

Take Texas House of Representatives Ana Hernandez Luna. In the 1980s she was part of an amnesty program that Ronald Reagan initiated that allowed her to become a lawful permanent resident. From her upbringing in Reynosa, Mexico she moved to Pasadena, Texas with her family. They came on visitor’s visas originally, but after they expired, they “lived for years in the shadows” as many undocumented people do. Both of her parents worked, and inspired her to do something better with her life. At 18 years old, she was able to become a citizen and made her way through the University of Houston and the University of Texas law school.

“I think there are a lot of immigrants out there that are willing to work hard, know that there are sacrifices that need to be made, but need to be given an opportunity,” said Ana Hernandez Luna. “I am able to understand what a lot of these immigrants are going through because my family went through it.”

Both immigration lawyers and immigrants like Luna are concerned about more racial profiling and people living in the shadows. They believe that people should be given the chance to become a lawful citizen of the United States if their record has no criminal offenses, the person is willing to be a member of the workforce, and contribute to American society.

“To deny undocumented children who are being educated in the U.S. the right to survive and live properly in the U.S., is not only inhumane, it’s ultimately detrimental for America,” said Banerjee, who is also an immigrant.

The Law Offices of Annie Banerjee helps individuals, families, and businesses with all their immigration concerns. For more than 10 years she has helped clients achieve their immigration goals. She is known for individualized attention to her client’s needs and efficiently serving them with the best legal representation.

For more information:

Law Offices of A. Banerjee

131 Brooks Street Suite #300

Sugar Land, Texas 77478

Phone: (281) 242-9139

Fax: (281) 242-2058

2027 Sheridan Street

Houston, Texas 77030

Phone: (713) 793-6339

annie@visatous.com

To learn more, visit http://www.visatous.com.

USCIS Increases Site Visits and Audits for H-1B Workers

Monday, August 1st, 2011

Houston, Texas – Businesses that hire H-1B specialty occupation visa workers should be mindful of an increase in audits by the U.S. Citizenship and Immigration Services (USCIS). The USCIS has its inspectors go on-site to these businesses and also audits I-9 forms for compliance. Non-compliant employers will face penalties, so it is recommended to get legal counsel involved early on to ensure a business’s hiring and documentation processes are done correctly.

The USCIS Administrative Site Visit and Verification Program can check any business in any industry to verify that they are not employing undocumented workers. They also want to check that the company is a true operating business and the foreign worker is employed in the capacity listed on the paperwork. If an issue does come up during the audit, the USCIS gives notice to the business and the company can then respond to the charges before a petition is denied, revoked, or the company is assessed a penalty.

“Businesses are better off if they seek an immigration attorney at the initial stages,” said Houston immigration attorney Annie Banerjee. “Many U.S. businesses reach out to foreign workers for their technical or theoretical expertise. Getting an immigration attorney early on as a business sponsors an individual will make a company more compliant with the increase of paperwork and documentation.”

The Law Offices of Annie Banerjee recommends that employers set up their foreign hiring practices for success by designating a human resources manager to be the go-to person for foreign new hires. This manager should keep copies of all documents – passports, notices from USCIS, I-94 forms – for each new hire. This file should also have information on the business’ sponsorship, including the prevailing wage figures and compensation system, labor condition application, and complete I-129 and 129 supplement forms.

“A contact person is very important so that if a site visit or audit occurs, the business is prepared to show they are compliant,” said Banerjee, who has more than 10 years of experience in immigration law.

Documents on the foreign new hire should be kept for one year after their last date of employment. When inspectors come to a business, they will want to confirm the H-1B employee’s work history, job title, salary and oftentimes will inspect payroll records. The USCIS, along with Immigration and Customs Enforcement, can assess a penalty of $110 for every paperwork violation up to $16,000 per each unauthorized worker.

Banerjee cautions that filling out the forms and hiring foreign workers should not be taken lightly. Thousands of businesses are audited each year and some human resources and business managers simply did not take the time to fill out the I-9 forms correctly. The USCIS has a 60-page handbook for employers on the subject to fill it out thoroughly.

The Law Offices of Annie Banerjee counsels biotech, IT, oil and gas, and multinational manufacturing companies throughout Houston and Texas. Houston immigration lawyer Annie Banerjee also helps small businesses and assists family members of H-1B applicants, too. Her expertise will help expedite the application, so the best chances for approval before the H-1B cap is reached can be met.

For more information:

Law Offices of A. Banerjee

131 Brooks Street Suite #300

Sugar Land, Texas 77478

Phone: (281) 242-9139

Fax: (281) 242-2058

2027 Sheridan Street

Houston, Texas 77030

Phone: (713) 793-6339

annie@visatous.com

To learn more, visit http://www.visatous.com.

Southwest Border Security Bill is not the answer

Tuesday, August 24th, 2010

Houston-area immigration lawyer Annie Banerjee has serious concerns about the massive new H.R. 6080 bill recently signed into law.

President Obama’s connotation of the sprawling new Southwest Border Security Bill as a “strategic and integrated southwest border security strategy” may sound reassuring to some, but it might well be something of a misnomer, according to Houston area immigration lawyer Annie Banerjee.

With its estimated $600 million price tag, the signing into law of H.R. 6080 has been perceived as an enforcement-first step. “Hopefully colleagues on both sides of the aisle will now come together and we can pass comprehensive reform,” said U.S. Senator Charles Schumer (D-NY).

But even this might be misleading. “I’m not certain if this legislation brings us any closer to what’s really needed – which is comprehensive immigration reform,” Banerjee said. “In some ways, this new law might push any meaningful decisions onto a back burner now that a lust for enforcement measures has been satiated for the time-being.”

In fact, any certainty that legislative attention may turn toward comprehensive reform may well have been considerably diminished. “The hyenas have been given their raw meat now,” Banerjee said. “Why would they suddenly change direction and chew on flesh which isn’t strictly enforcement-oriented? Without any impetus, why would comprehensive reform suddenly become our goal?”

Within the new law, and what Banerjee calls its “teeth without a mouth” approach to immigration issues, Banerjee also questions the hyperbolic designation of “emergency” to describe the urgency for the law’s funding, and also the new fee increases of $2,250 for L visas and $2,000 for H-1B employers – which, while not including all H-1B employers, will still be significant.

“Like AILA, I believe that immigration enforcement needs are legitimate, but should we keep insisting on ‘enforcement-only’ approaches while ignoring other issues?” Banerjee said, describing herself as a naysayer when it comes to enforcement to the exclusion of everything else.

A long-term solution to the immigration problem makes more sense. “Should we keep the undocumented population living in the shadows?” Banerjee asked. “Should we provide incentives for U.S. businesses to hire workers if they can help grow our economy? Shouldn’t due process and equal protection under the law be applicable to potential immigrants?”

The so-called Southwest Border Security Bill is a “politically-motivated, single-faceted, half-measure, not a real solution to our immigration woes,” Banerjee said.

To learn more, visit http://www.visatous.com.

Lou Dobbs Exits CNN

Thursday, November 12th, 2009

Howdy,

I am Lou Dobbs. You probably heard by now, I am forced out of CNN.

And CNN claims they lost viewership because of me. Bull shit! See you popular Rush is.
Every reasonable person with an IQ of less than 100 listens to us. We along with Sarah Palin is the new face for the Republican party. Believe me, we will take down those democrats soon. If it means that every dog and cow in this country has to vote for us, we will see to it that it does. Not like Acorn, allowing illegal immigrants to vote. The dogs and cows have to be born in America and so do their parents and grandparents.

The liberal media has just gone out of hand! And I am sure that that illegal Obama personally requested CNN to throw me out. Folks, he is waging war against me, against Fox news. We are in a dictatorship folks, we are the same as Kim Jong IL. Face it, George Bush spent his time ,( when he wasn’t hunting or sleeping,) working. Obama spends his time waging war against me. We are indeed in very dark days. And he is an illegal, holding the top job in this country!!!

When we take over America again, we will gather all the illegal immigrants and gas them. Yes, Hitler had the right idea. In fact, we should consider denying rights to non white people born in the US. They have no rights, their fathers and grandfathers were not born here.

Folks, rise up against that illegal bastard, Obama!

And keep listening to me.

Yours forever,

LOU DOBBS!

Contact Houston Immigration Lawyer, Annie Banerjee for more details

Foreign Labor Divison should only hire ROBOTS

Wednesday, October 21st, 2009

In a number of recent cases the DOL has proved again that it values form over matter. It has set up rigid rules and follows the rules rather than understanding the rationale behind it. Thus it runs contrary to the philosophy of Common Law, which gave birth to our legal system. By taking out reasonableness and a humane case by case approach, the labor certification process has been reduced to at best a farce, and at worst hurting both American employers and American labor force.

The rules dictate that the PERM application be filed within 180 days of the first advertisement. In Matter of Spires Restaurant, The Board Of Alien Labor Certification Appeals (BALCA) ruled that the PERM application filed 187 days later will be denied. The 180 days is meant to be a current test of the labor market, and anything more than 180 days would be considered too old. But 7 days is de minimis and penalizing an employer for just seven days is ridiculous. There should not be a hard line rule, and each application should be judged on a reasonable standard in a case by case basis.

In another case, the DOL rules that the prevailing wage request exceeded the job requirement mentioned in the PERM form. If anything, that would generate a higher Prevailing Wage. The DOL, whose job it is to see that Americans get the job before it is given to aliens, should not mind if the employer posts a higher wage than is required for the position. In The Matter of Florida Restaurant group, LLC

The last one is equally inane. In The matter of EDWARD J. TIERNEY the position was that of a DOMESTIC worker. This was a family. The DOL required a FEIN number instead of a Social Security Number. I wonder if the family of Bill Carlson has a FEIN, and if it does, what type of business do they conduct? With all his contacts at DOL, I would not be surprised.

Of course, the DOL continues to advocate publishing in major Sunday newspapers. That really is a good thing for Employers seeking to hire Aliens. No one reads those anymore, and in a matter of time, the only major newspapers will only exist in NYC and LA areas. The rest of the country will be left with community newspapers. But the DOL will not change!

We have now a ton of personnel working at Foreign Labor division of the DOL. These people will never loose their job. Why then are they doing the work that a computer system will do just as well. I say, replace them, from Bill Carlson down to the lowest level with ROBOTS. Lets use that money for health care instead.

Contact Houston Immigration Lawyer, Annie Banerjee for more details