What is a Company for Immigration Purposes?

By | Employer/Employee, Immigration Policy | 162 Comments

A Company is defined as its Federal Employment Identification Number (FEIN) for Immigration issues. When a Corporation seeks to hire a foreign national under a federal Immigration Law, it stands to reason that the Company should have a FEIN in order to hire that individual.

In a recent decision, In the Matter of Ornelas Inc, The Board of Immigration Appeals verified that the Company’s yellow page listing, or business licenses does not establish a bona fide Company.

Additionally, if two related companies have two different FEIN numbers, and the alien has worked for one entity, and the other entity is sponsoring the alien, the alien can use that experience and it will not be counted as experience from the same Company. Usually the alien cannot use the experience from the same company for labor certification, with the rationale being that the company can easily employ and American and train that person as well. But if say XY has two FEIn numbers, and the alien has worked for a division of Company X, and the petitioner is Y, then that expiration can be counted, even though the two companies are in the same location.

Thus if the two related companies have two different FEIN numbers, the Labor Dept treats them as two separate companies. Does not make sense, but then, the Dept of Labor never lives in a real world.

Contact Houston Immigration Lawyer, Annie Banerjee for more details

Naturalization Interview In the Houston District Office

By | Citizenship and Naturalization, Houston Immigration | 11 Comments

In the Houston District Office this is a three step process.

First you will go with an Officer in a little cubicle and be administered the test of English and Social Science. The exam consists of about 10 written questions from the Citizenship and Immigration Service list. After that the Officer will test your English by asking you to read something, or write down a sentence or two. For a copy of the list please go to https://www.visatous.com Go to Links and click on New Naturalization test.

Provided you pass the test, you will then proceed to the next step. This is the actual interview with an Officer. The officer will go over the factual elements of the case. These include whether you had continuous residence, physical presence and whether you have good moral character (ie not convicted of a crime). They might also ask you whether you affirm the Oath Requirements of Section H on Page 9 of the N-400 Form. They are:

Do you support the Constitution and form of government of the United States?
Do you understand the full Oath of Allegiance to the United States?
Are you willing to take the full Oath of Allegiance to the United States?
If the law requires it, are you willing to bear arms on behalf of the United States?
If the law requires it, are you willing to perform noncombatant services in the U.S. Armed Forces?
If the law requires it, are you willing to perform work of national importance under civilian direction?

Provided you pass the Second Step, you proceed to the third step. The Citizenship and Immigration Service will schedule you for the oath ceremony and hand you the necessary papers for the oath ceremony.

After you take the oath, you become an US Citizen.

Contact Houston Immigration Lawyer, Annie Banerjee for more details

Judge Sotomayor-Can anyone overcome heritage?

By | Commentary | One Comment

Mr. Obama’s nominee for Supreme Court Justice Judge Sotomayor has lived the American dream, from a poor household in the Bronx, to Suma Cum Laude Graduate in Princeton, to Yale law school. Yet there has been a lot of criticism about the fact that she said that her experiences as a hispanic will lead her to have a different world view than say a white male. The conservatives have labeled her a racist. Yet, can we ever be race neutral? Stephen Colbert aptly points that out when he says he does not see color.

Sentient human beings believe in things, shaped by their experiences in life. A republican may have a pro life, pro second Amendment, anti gay views. A democrat may have the opposite. yet each individual can argue and give rational explanations for their beliefs.

Yet, someone of Sotomayor’s intellectual capability can dissociate their private beliefs and look at the facts of a case. Can Scalia, Roberts or Alito ever rule for, lets say a gay couple, no matter how compelling the facts of the case are? Are they then not being prejudiced as well?

Contact Houston Immigration Lawyer, Annie Banerjee for more details