WHAT WOULD I DO? COMING TO AMERICA

Having worked in this field now almost 30 years, I’ve always felt that my knowledge and insight about how immigration adjudicators (and the bureaucracy itself) actually think, from an insiders perspective, is of utmost importance and help to our clients.
Although this insider’s view is not technically ‘legal’ in nature, and goes beyond statutes and immigration regulations, that is, the law, it is profound. Over the years, this insight has allowed my firm to succeed where others might fail.

But it is also important for immigration practitioners to know how a foreign national thinks about immigration, even before they arrive or become a client? I’ve found over the years that most intending immigrants do not fully appreciate how illogical our immigration system is; they assume, wrongly, that it is a rational and fair system – that it makes sense. This presumption is a gross mistake. For example, one would never guess that if you marry a permanent resident (a green card holder), one must wait in line, right now for years, before joining one’s spouse here in the United States. Of course, this makes no sense to any rational person. One would naturally ask how is it that the U.S. government sanctions and legitimizes husbands and wives having to live separate and apart? But the law demands it. It makes no sense and dehumanizes in the process. Another anomaly is on the employment side of the equation. An employer under our immigration law must prove that there is no qualifying U.S. applicant for a job offered to a non-citizen. On first glance that makes some sense; but few, if any, would know that an employer must prove to the U.S. Dept. of Labor that there are no even “minimally qualified, able and willing” U.S. applicants. The standard makes no sense because what employer would actually hire a “minimally qualified” individual over a more qualified individual? How would a busines survive doing so? Just as irrational is the fact that once an approved “labor certification” is obtained, certifying the above, an employer must still often wait five years ore more before being able to actually hire the individual. Canada makes it simple and has a ‘skills list’ – a list of occupational categories or skills that the country seeks.

I’ve stated many times that this country’s future, and our ability to compete globally, will either be a product of deflated wages to compete with the low wages of China and India, or, better, we compete with intellectural manpower and innovation. To do that, we must have a rational immigration system. We not only need to attract the best and brightest, but keep those that are here. We also need lots of other good people too. In good economic times we might get away with a period when we shy away from immigrants, but these are not good times. We need all the help we can get.

Yes, ‘aliens’ are often alien to us. But they need to know the rules and that they are welcome. But the rules must be rational and understandable. And I am only speaking of legal immigration here. Our system is outdated and doesn’t serve the U.S. national interest. It’s a maze that is so complex, a labyrinth, that few understand. And those that do, understand it’s a disaster.

Please feel free to email me; I welcome comments. You can do so at: heller@greencard1.com or visit our website: greencard1.com.

Paul M. Heller, Esq.,
Founder of Heller Immigration Law Group,
http://greencard1.com,
Free Attorney Consult:1/800 863-4448.

Most Recent Immigration Thoughts...

Green Card Thoughts and More: An Immigration Overview...

It is clear that at least on the immigration front that the hopeful thoughts we all had with coming of the Obama administration haven't materialized. Immigration has become even more isolated and untouchable by a nation whose entire focus now is trying to figure out how to move forward and why we are here. Our leaders do not want to be distracted and the public at large, mad as they are, wants someone to do something. Immigration is on the back and last burner.

Of course, it shouldn't be.

One way 'out', historically, has been to revitalize the country with new immigrants, fresh blood. But the mood of the country is still in a shock mode (with the economy the way it is). I see many intending immigrants struggling with the question whether to stay with a process that is so protracted and broken that it is hard to find meaning in its continuation. Many are now asking themselves why are they here, and should they abandon their dreams and return to their home country?

One wonders why anyone who can leave (this mess) and go home actually stays? Their reasoning, the decision to stay, is the point. These intending immigrants see things that many of us don't. They see opportunity. They want to be part of the fabric of America and truly believe they will be America's future. They may see a challenging environment but they see so much more that is positive and worthwhile.

These same individuals, whether the hardworking 'unskilled', the skilled workers, or the "best and brightest", each and every one, want to help our country. The want no more than to be part of us - and if they need to motivate us, to help us move mountains, to do more than their fair share to get us moving again... they will.

USCIS Announces 2 YR Renewal Pollicy!

Office of Communications
USCIS Update
June 12, 2008

USCIS to Issue Two-Year Employment Authorization Documents
New EADs Limited to Certain Individuals Who Have Applied for LPR Status

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced today that beginning on June 30, 2008 it will issue Employment Authorization Documents (EAD) valid for two years.

The new two-year EAD is only available to individuals who have filed to become a lawful permanent resident (LPR) using a Form I-485, Application to Register Permanent Residence or Adjust Status, and filed for employment authorization under Section 274.a.12(c)(9) of Title 8, Code of Federal Regulations (8 C.F.R.) but are unable to become an LPR because an immigrant visa number is not currently available.

USCIS will decide whether to renew an EAD for either a one or two year validity period based on the most recent Department of State Visa Bulletin available at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html.

For applicants who have an available immigrant visa number and who are filing for employment authorization under 8 C.F.R. Section 274.a.12(c)(9), USCIS will continue to grant EADs that are valid for one-year. USCIS may issue a two-year renewal EAD if the applicant’s immigrant visa availability date retrogresses (when actual demand for visa numbers exceeds forecasted supply) after the Form I-485 is filed.

If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD. However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the applicant’s priority date and the Department of State Visa Bulletin.

For more information on Employment Authorization Documents, please contact the USCIS National Customer Service Center at (800) 375-5283 or review the USCIS Employment Authorization Documents web page at: http://www.uscis.gov/.

– USCIS –





Office of Communications
Frequently Asked Questions
June 12, 2008

USCIS to Issue Two-Year Employment Authorization Documents (EADs )
New EADs Limited to Certain Individuals Who Have Applied for LPR Status

What is an EAD?
Certain aliens who are temporarily in the United States may file a Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD), which authorizes them to work legally in the U.S. during the time the EAD is valid.

Who is eligible for an EAD that is valid for two years?
The two-year EAD is available to pending adjustment applicants (i.e., those who have filed a Form I-485, Application to Register Permanent Residence or Adjust Status) who have filed for an EAD under Section 274.a.12(c)(9) of Title 8, Code of Federal Regulations (8 C.F.R.) and who are currently unable to adjust status because an immigrant visa number is not currently available. USCIS will continue to grant EADs that are valid for one-year for adjustment applicants who have an available immigrant visa number and are filing for employment authorization under 8 C.F.R. Section 274a.12(c)(9).

When will applicants expect to receive the new two-year EAD?
USCIS expects to implement this initiative for cases pending on June 30, 2008. Applicants filing Form I-765 under 8 C.F.R., Section 274.a.12(c)(9) should begin to receive their two-year EAD a couple of weeks after the anticipated June 30, 2008 implementation date.

Where can someone get more information on the new EADs?
For further information, please review the USCIS Update on the new two-year EAD posted online at: http:/www.uscis.gov.

Will applicants get a two-year EAD when they file an I-765 with their I-485 adjustment of status application?
Generally no. Initial EAD filings will generally receive an EAD that is valid for one- year because they are usually submitted with the Form I-485 that can only be filed when there is an immigrant visa number immediately available to the individual. Applicants are only eligible for a two-year EAD if their immigrant visa availability date retrogresses (i.e., when actual demand for visa numbers exceeds forecasted supply) after the Form I-485 is filed. If an immigrant visa number is available, USCIS will grant the one-year EAD.

How will USCIS decide whether to issue an EAD valid for one or two years?
USCIS will decide whether to renew an EAD for either a one or two-year validity period based on the most recent Department of State Visa Bulletin available at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html. If an applicant’s visa number has retrogressed and is unavailable, USCIS may issue a renewal EAD valid for two years. USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant’s priority date is current.

If I am filing for a replacement EAD under 8 C.F.R., Section 274.a.12(c)(9), how long is the EAD valid?
If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD. However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the Department of State Visa Bulletin and the applicant’s priority date. If USCIS determines that an applicant has filed multiple Forms I-765, the agency may deny the applications for the replacement or renewal EAD.

Why is USCIS changing the validity period for some EADs?
USCIS views this change as a way to better serve its customer base, and in particular, persons who are waiting to become lawful permanent residents and are impacted by the lack of immigrant visa numbers. On July 30, 2004, USCIS published an interim rule, “Employment Authorization Documents," at 69 Federal Reg. 45555. This interim rule authorized USCIS, in its discretion, to issue EADs with validity periods other than one year based on certain criteria deemed appropriate by the Department of Homeland Security.

I filed my Form I-765 more than 90 days ago and I have not received a decision, who should I contact?
If you have not received a decision within 90 days of the USCIS receipt date and you have properly filed your EAD application, you may apply to obtain an interim EAD by appearing in person at your local USCIS District Office. You must bring proof of identity and any notices that you have received from USCIS in connection with your application for employment authorization.

If I believe I have received an EAD with the wrong validity period or other incorrect information who should I contact?
If you believe that you have received the wrong validity period, you should contact the USCIS National Customer Service Center at 1-800-375-5283 or 1-800-767-1833 (TTY).
For additional information, or if your application has been approved and you have not received your EAD, please contact the USCIS National Customer Service Center at 1-800-375-5283 or 1-800-767-1833 (TTY)

USCIS Picks H1B Lottery Winners - Latest Update

Dear Readers,

This is the latest Bulletin from USCIS on the H1b Lottery.

Of course, not all 'winners' have been chosen; our law firm has already received several emails from USCIS announcing that the Premium Processing Unit has received the file and will adjudicate the specific case within a 15 day timeframe (but this is only on cases that we specifically filed with the $1000 fee and form I-907).

Further, at least so far, it seems that USCIS - and today's emails informing us bears this out, has only chosen among those with a U.S. advanced degree; it appears that within the next month or so, all will have been notified.

Please read on (and don't hesitate to call or email me); thanks.

Best,

p

____________________________


April 14, 2008

USCIS RUNS RANDOM SELECTION PROCESS FOR H-1B PETITIONS

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today conducted the computer-generated random selection processes on H-1B petitions, to select which H-1B petitions for fiscal year 2009 (FY 2009) would continue to full adjudication. If approved these H-1B petitions will be eligible to receive an H-1B visa number.

USCIS conducted two random selections, first on petitions qualifying for the 20,000 “master’s or higher degree” (advanced degree) exemption, and second on the remaining advance degree petitions together with the general H-1B pool of petitions, for the 65,000 cap.

The approximately 163,000 petitions received on the first five days of the eligible filing period for FY 2009 (April 1 through April 7, 2008) were labeled with unique numerical identifiers. USCIS has notified the appropriate service centers which numerical identifiers have been randomly selected, so each center may continue with final processing of the petitions associated with those numerical identifiers.

Petitioners whose properly filed petitions have been selected for full adjudication should receive a receipt notice dated no later than June 2, 2008. USCIS will return unselected petitions with the fee(s) to petitioners or their authorized representatives. As previously announced, duplicate filings will be returned without the fee. The total adjudication process is expected to take approximately eight to ten weeks.

For cases selected through the random selection process and initially filed for premium processing, the 15-day premium processing period begins today (April 14), the day of the random selection process.

USCIS has “wait-listed” some H-1B petitions, meaning they may possibly replace petitions chosen to receive an FY-2009 cap number, but that subsequently are denied, withdrawn, or otherwise found ineligible.

USCIS will retain these petitions until a decision is made whether they will replace a previously selected petition.

USCIS will send a letter to the wait list petitioners to inform them of their status USCIS expects that for each of these wait-listed petitions, it will either issue a receipt notice or return the petition with fees within six to eight weeks.

– USCIS –