My Predictions for NEW H-1B this year

By | Commentary, H1-B, Houston Immigration | 145 Comments

The Government year starts on October 01 and each year the Government dishes out 65,000 new H-1b visas . Employers can apply 6 months before the start date, so each year the first day that they can apply for new H-1Bs is April 01.

In 2007 and 2008 significantly more than the 65,000 quota applied on the first day, ie April 01. As a result the CIS held a lottery as to who could get in, and only those lucky enough to win the lottery got in.

This year will be different. This year it will probably not be a lottery. For the first time, we are seeing a significant reduction in the number of Employers seeking new H-1Bs. Many H-1B s are out of jobs, as are many Americans. Employers are not hiring. The only sector still hiring are renewable energy industries and they are mostly employing Master’s Degree holders from US Universities.

So Beneficiaries lucky enough to find an Employer to sponsor them will probably get in this year.

However there will be intense scrutiny on the H-1Bs from the Government. The CIS will scrutinize the Company’s ability to pay and the beneficiaries’ qualifications very minutely. There probably will be significant amount of RFEs and significant amounts of denials. If the beneficiary is from a foreign country, the Consulates will provide another layer of hurdle to overcome.

Part of the reason for this is that the Government knows of the dire employment situation and does not want to permit fraud. Also the Government uncovered a lot of fraudulent practices by several small consulting companies, including falsifying beneficiaries’ resume to place them in jobs they do not have skills for, not keeping LCA promises, etc.

Therefore this year’s H-1B will be a mixed blessing.

Contact Houston Immigration Lawyer, Annie Banerjee for more details

Irrational Thoughts on Immigration

By | Commentary, Immigration Policy | One Comment

I had been brought up to think Rationally. But the stock market has gone completely irrational. My attempt to understand it rationally has just left me confused, muffled, despairing. So in order to make sense of this crazy world, I am attempting to think irrationally. Maybe then I’ll be in sync with the CIS thinking. Try calling them and asking why your case was not adjudicated, even though similar cases filed months afterward were adjudicated long before. Below are my thoughts on immigration.

Crazy Conspiracy Theory:

I think Obama is actually conspiring with Lou Dobbs and Rush Limbaugh to expel all immigrants. Mexicans are leaving the US by hordes. Maybe they are being water tortured. Come to think of it, my neighbor’s lawn sprinklers were on when their Mexican gardener was working.

Crazy Religious Theory:

God must have told the Employers to not hire immigrants. That is why it is March, and my H-1B clients are strangely silent. God must have hacked into the E verify system or something, because that system does not work. Why does God not want immigrants? Because these immigrants have to first sacrifice their first borns to the God in their home country. Or maybe that Scientology God has repossessed the souls of all immigrants.

Crazy Remedy:

Obama needs money. Immigrants want to come here. So Obama should sell lottery tickets for different positions. Kind of the same concept like the rational world’s Diversity Lottery. Except here the immigrants also need to buy stocks in GM, AIG and Citi. And buy up a defaulted mortgage. This will be in lieu of their first born sacrifice.

Disclaimer: No I have not gone completely mad. This is my attempt to cheer myself from the doom and gloom since September 08. If you want my services, I can still perform rationally.

Contact Houston Immigration Lawyer, Annie Banerjee for more details

Economic Nationalism

By | Commentary, Immigration Policy | 102 Comments

Professor Jeffrey Garten from Yale Univerisity published an article in The Wall Street Journal (The Dangers of Turning Inwards, Feb-28-Mar 01) and coined the term Economic Nationalism. With rising unemployment, Governments are understandably becoming more and more protectionist, and anti immigration when it comes to employment. The doors to trade and immigration are being closed.

We are seeing this with increased denials of employment based visas, especially treaty visas like the TN. And the US is not the only culprit. UK, Japan, Germany, France, are all becoming more protectionist starting a deglobalization trend. However this could hurt commerce massively. We need to export goods to other countries. If wee cannot export our goods to the emerging markets, we will not be able to prosper. Additionally the article argues that if markets turn inwards, we will not be able to take care of the global issues.

The we might also have what happened in the 1930s. Global nationalism led to political nationalism and the rise of the Nazi party.

The article argues for a new global banking regulator, whereby the US and European banks will take similar action and be governed by similar laws.

Similar movement should be happening to immigration. Until we get out of this financial mess, we should let the market control immigration, instead of restrictionist Governmental policies. Then and only then will we get the best talent to get out of the recession.

Contact Houston Immigration Lawyer, Annie Banerjee for more details