Immigration Reform

By | Houston Immigration, Immigration Policy | No Comments
I applaud the fact that President Obama has accepted the piecemeal approach instead of Comprehensive Immigration Reform (read citizenship to Mexicans so they vote Democratic) approach. For many the Immigration issue consists of ONLY illegal people from Mexico. Yet Immigration is a complex issue.
And to the heckler in the crowd who said that his family has been separated for 19 months because apparently they were deported, I say, go live with your family wherever they are. 11 million people are not being deported. It’s the people doing crime who are being deported. And the Democrats scream against it, as if possession of drugs is so insignificant, that it’s USA’s fault for deporting the drug users. The Democrats also put up pictures of Jose Antonio Vargas, as the quintessential dreamer, yet most dreamers have barely a high school certificate.
And as for the Republicans, they are deeply divided. The tea party just wants Obama to fail, no matter what the issue. The conservative Christians want immigration for the illegal Mexicans. And the business factions want Business Immigration reform.
Immigration as it is now is based on country quota. A person born in India, holding a Bachelor’s Degree, and completely legal has to wait right now for more than 10 years to become a Green Card (Permanent Resident Card) holder. Then she has to wait another 5 years to become a Citizen. A master’s Degree holder, even from the USA, has to wait for 14 years to become a citizen if he was born in India. How can I look them in the eye and tell them that an illegal immigrant with no education will get citizenship in 13 years?
The Senate bill, which the House rejected, had a point system. But it was more generous with the point system based on family than on education and experience. When people choose to come into this country, they make a conscious decision to leave their family. Why should someone with no education come in simply by being adult siblings of a United States Citizen, or worse, simply by lottery, when it takes 14 years for Master’s Degree holders whose ONLY crime was being born in India?
Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information

An Increase in H-1B Raids: Information for Employers

By | News & Press | No Comments

Immigration advocates report that there has been an increase in raids of H-1B businesses by the Office of Fraud Detection and National Security (FDNS). Employers are expressing alarm and confusion about what steps they should take. First of all, know that these raids are commonplace and not necessarily a cause for alarm. You can take steps to ensure the raids disrupt your workplace as little as possible.

If you are an employer, you should have your files accessible for all of your H-1B employees. The files should have the LCA, a note of when the LCA was posted, the current wage determination and a copy of the H-1B petition. All employers should be prepared for officers entering their premises to conduct a raid. They typically do not need a warrant and do not give prior notice. The inspecting officer may have a copy of the H-1B petition for reference. The officer will inspect the premises and request to speak to whomever signed the petition and he or she will interview the beneficiary. Questions asked may include details about the job description, employment dates, dependents, supervisory situations, colleagues, etc. Copies of the H-1B beneficiary’s W-2, pay records and the company’s quarterly wages, tax records and other documentation may be requested for examination.

If you are subject to a raid and inspection, you may call your attorney and request that they be present via the phone while the raid is occurring. Company employees should not hazard guesses and give any officials information about the H-1B petitions; it is better to say that the knowledgeable staff member is not on the premises than have incomplete information given to officials.

Get the name, title and all pertinent contact information of the site investigator. Take notes of questions asked and answered, and make sure there is a witness present for any interactions.

If the H-1B beneficiary is working at a client site, there should be immediate contact to inform the end user that there may be a site visit. The end user should know who is an H-1B employer and be made aware of the assignment terms. The end user may wish to have the employer or a representative present during any upcoming site visits.

If you have any concerns about impending site visits or H-1B employment status issues, please contact Houston immigration lawyer Annie Banerjee for more details.

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