Privacy and Record Keeping by the Government

By | Business Immigration, Citizenship and Naturalization, Immigration, Immigration Policy, Privacy, Uncategorized | No Comments

In view of the fact that there are many fake or exaggerated assumptions  going on about what information Citizenship and Immigration Service might collect as proposed in their notice in the Federal Register. The notice was published on 09/18/2017. Consistent with Federal Notice and Comment period you have 30 days to comment on this.
The Notice deals with WHAT information the Government can keep if one applies for any Immigration benefits. Please note that if ANYONE applies for a benefit, a file is created. For Immigrants, that file is called an A File. Also please note that the Government still has an open file on John Lennon, (yes the Beatles guy) for drug possession in the UK, with which they were seeking to deport him.
The Citizenship and Immigration Service retains information on applications, and any material the applicant or their attorney sent to them. Please note that applications to Citizenship and Immigration Service is still for a vast majority of people filed with paper files. Now this notice seeks to expand this to include electronic materials as well. This is nothing new, the Citizenship and Immigration Service was already using the “internet” to verify facts stated in the applications. For instance the Citizenship and Immigration Service conducted tests in VIBE program to check business information with D&B. In family context, it sought to see if their application matched their internet profiles. Say for instance one files a marriage based application. His FB status shows single, looking for a date. His page has posts of his recent dates with other people, while he stated to Citizenship and Immigration Service that he is married. Is this a legitimate intrusion on the part of the Government to validate the information, which is by the way, their job?
As I said before, it had been the practice of Citizenship and Immigration Service do their internet searches already. What’s new is that the Govt is saying they will KEEP such record. This includes attorney’s information as well. They will also keep the paper file information including medical record given to Citizenship and Immigration Service as part of the Green Card (Permanent Resident Card) process. For businesses, this might include transactional records. Additionally, Citizenship and Immigration Service can seek to examine publicly available social media post of Naturalized Citizen. If you don’t know this, Citizenship and Immigration Service only has jurisdiction over naturalized citizen. If you were born here, the FBI has jurisdiction to check your publicly available social media post. So can I, by the way. But do I or the Govt have the resources or the time to check everyone’s public posts? The answer is that simple.

Anyone using the internet should know that the internet is forever, anyways. What is new is that the Citizenship and Immigration Service might ask for closed Social media pages to verify information applied for. The notice on federal register says: The purpose of this system of records is to facilitate administration of benefits and enforcement of provisions under the INA and related immigration statutes. A-Files (whether paper or electronic), immigration case files, CIS, MiDAS, and NFTS are used primarily by DHS employees for immigration processing and adjudication, protection of national security, and administering and enforcing immigration and nationality laws and related regulations and policy. These records also assist DHS with detecting violations of immigration and nationality laws; supporting the referral of such violations for prosecution or other appropriate enforcement action; supporting law enforcement efforts and inspection processes at the U.S. borders; as well as to carry out DHS enforcement, immigration, intelligence, and or other homeland security functions.

My feelings? I will say, in the words of Lennon, Let it be. If you have a problem, go comment on it


For more information, contact Banerjee & Associates

Will All Social Media Posts by Immigrants Now Be Collected by Homeland Security?

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On September 18, 2017, the United States Department of Homeland Security (DHS) proposed measures to collect vast amounts of data regarding social media posted by immigrants.  In the past, United States Immigration and Citizenship Services (USCIS), a branch of DHS, has routinely collected information publicly available on the internet in regards to immigration benefits applications and the adjudication of petitions.

The new DHS proposal would allow additional categories of data, such as social media identities and aliases and their respective posts, to be retained by USCIS.  Social media posts by green card holders (permanent residents) and naturalized U.S. citizens would be kept as well.  Unfortunately, posts made in jest, sarcastic in tone, or even innocent expressions of opinion could be misinterpreted and trigger a Request for Evidence (RFE) or a personal interview with an officer from USCIS.  This latest DHS proposal is slated to go into effect on October 18, 2017.

India and China EB-1 AOS

By | Business Immigration, Immigration, Uncategorized | No Comments

To file the EB-1 I-485 adjustment of status with medical or not—-that is a valid question.
The way that the Citizenship and Immigration Service is supposed to work is that they adjudicate cases first in first out. In September 2017, the final action dates for EB-1 for both India and China was backlogged to 2012. It’s current from October 1.
However both nations were current for their filing dates for EB-1. That leaves the question whether the I-485 application should be filed with the Immigration medical or not. Immigration medicals are valid for one year only. Thus if your petition takes more than 1 year to adjudicate, you have to do another medical. The second medical if necessary should be an update only, and should not include fresh vaccines.
Immigration Medical/Physical consists of the applicant going to a doctor prescribed by the Citizenship and Immigration Service. That Doctor should give you form I-693 to fill out your name. Then the doctor checks whether you have Tuberculosis, any sexually transmitted disease, (Syphilis, Gonorrhea etc) and whether you’ve had your vaccines. They also check general physical and mental health, including substance abuse.

Hepatitis B
Chicken Pox (varicella)
TD Booster
FLU (in flu season)

If you have taken any of these vaccines in your home country, please take your shot records with you to your emergency medical


For more information contact Banerjee& Associates

Will the Supreme Court Rule Against Trump’s Latest Travel Ban?

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On September 11, 2017, Supreme Court Justice Anthony Kennedy issued a temporary order halting the Ninth Circuit Court of Appeals’ previous ruling, which would have granted admittance to roughly 24,000 refugees if “a resettlement agency had promised that it would provide basic services for them.”  In effect, Justice Kennedy’s ruling restored President Trump’s original ban on individuals from six predominantly Muslim countries.

The original ban only allowed exceptions in cases where there was a “close familial relationship”, which the Administration defined as only parents, children, siblings, spouses and fiances.  The Ninth Circuit upheld the expansion of that definition to include grandparents, other extended family members, and refugees with formal assurances of support from resettlement agencies.

The full Supreme Court is scheduled to begin hearing arguments about the Administration’s ban on October 10, 2017.  Former National Security officials with the highest security clearances from both Democratic and Republic administrations have strongly urged the Supreme Court to rule against President Trump’s ban.  Their statement to the Supreme Court declares, “All available evidence suggests that the order was not based on national security judgment at all, but rather, on a deliberate political decision to discriminate against a religious minority.”

H-1B – Filing Overview

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The H-1B is a nonimmigrant visa category which is not permanent, allowing employers to hire foreigners to work in “professional” jobs which can only be done by a 4-year Bachelor’s degree holder in that respective field. In addition, the employer must pay the foreigner the minimum “prevailing wage” and cannot short change his or her salary.  Congress has mandated that the annual statutory cap be set at 65,000 visas, with an additional 20,000 visas reserved for foreigners who have graduated with at least a Master’s degree from a United States institution of higher learning.

What are the steps to filing an H-1B petition? The main steps are: Wage Certification, Labor Certification Application(LCA)/iCERT, H-1B forms, Employee Documents, and Company documents.

Wage Certification
The prevailing wage for a particular category of job must be determined from the Foreign Labor Certification Data Center Online Wage Library ( For each category of job (there are hundreds of categories), the main controlling factor is the state and county that the job is located in. Using the Wage Wizard, the online library will produce the lowest prevailing wage for four different levels of experience or complexity. The Wage Wizard will also produce the appropriate SOC code which matches the job category. The SOC code, tier level, and respective prevailing wage are all necessary for the next step. The Wage Certification is kept by the employer for their records.

The iCERT Visa Portal System website ( is used to gain certification of the prevailing wage. Successful submission of a LCA to the U.S. Department of Labor requires the correct information regarding the employer, job category, SOC code, job site, tier level, job requirements, job description, and prevailing wage. The approved LCA must be signed by the employer.

H-1B Forms
For a typical H-1B application, the forms G-28, I-129, I-129H, and I-129DC are used. Form I-907 for premium processing is used only if the employer is a non-profit research institution. Premium processing for all other entities should resume later this year. G-28 is signed by the attorney. I-129 and I-129H are signed by the employer.

Employee Documents
The employee must provide the appropriate documents depending on the particular job, which may include: diplomas/degrees, equivalency certificates (if applicable), education transcripts, all approval notices of I-797s, scans of most recent I-94, passport, and copy of EAD card. Three most recent paystubs and W2 are also required if the applicant is transferring or extending jobs.

Company Documents
The employer must provide copies of the employer petition letter, If the employer is a consulting company, it must also show evidence of the contract between itself and vendor, as well as an itinerary. These documents must be signed by the proper employer or vendor: contract between itself and the employee, statement of work, and statement of control. In general, the employer must prove that it: (1) has the required job available for the required amount of time; and (2) has the ability to pay the employee.

The H-1B petition package includes: Forms G-28, I-129, I-129H, I-129DC; LCA, Xeroxed forms and Xeroxed LCA, Petition Letter, Employee Documents, and Employer Documents.

Hey You

By | DACA, Immigration, Immigration Policy, Uncategorized | No Comments

I came to America from India. One day, in an undergraduate English class in the top liberal arts college in India, the female Rhodes Scholarship winning teacher said, “for our men we are happy when they get a good job, but for our females, we are happier when they get married.” And that summed up my life in India. I would always be someone’s daughter, someone’s wife, someone’s mother. And so, like you, I came to America—–like you, whose forefathers came for a better life, like you whose parents came illegally, crossing the border so that they could give you a better life. I know you were too young to tell your parents to stop doing any illegal act. I know you were a child.
You went to school, here in America. You made friends and you played football with them. Your parents worked as maid and gardener. You were not rich, you wore second hand clothes. But there was always food on the table. Your parents did not tell you to study. They themselves can barely read. In high school, your parents did not buy you a car like the other kids. But you made it anyways. You graduated high school, you did not get into trouble.
Then you got into graphic design. When DACA came along, you got a job. You got a driver’s license. I remember the look in your face. Gone was a depressed little boy who did much of nothing. You had new enthusiasm. You got a job. In fact 2 jobs. You wanted to save up. You wanted a house, a wife like everyone else. You worked out, ate healthy and lost weight. You started looking good. There was a sense of purpose about you. You are today, what America made you.
And you paid your taxes. Paid for your Driver’s License, your car insurance, your health insurance. You gave back to America everything you could, because you love the only country you’ve lived in, the country that gave you everything.
And then you hear that you may be thrown out. As someone educated in USA, you will find a job in Mexico. But you don’t know anyone there. You don’t celebrate the same things, you don’t eat the same food. If we send you away, you will benefit the country that did nothing for you.

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