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.

National Interest Waivers: The Untold Story!

Heller Immigration Law Group, LLP (http://greencard1.com), and our staff, are extremely adept and highly successful at expeditiously putting together and then filing EB2/NIW cases for advanced degreed professionals, or those who possess exceptional abilitiy in the sciences, arts, or business.

There is some confusion about eligibility under this category, and this is the reason for the blog, here it is:

1/ Contrary to what is often said, an applicant does not need international fame, or renown; we have many I-140 approvals of individuals whose recognition is limited to their own home country; that is, it is perfectly OK and acceptable that one's fame does not extend beyond one's own border!

Of course, HILG - on behalf of the client - must still convince the USCIS that giving such an individual a green card will benefit the United States and will truly be in the U.S. "National Interest".

2/ Letters of reference and advisory opinions that we receive (and often redraft) attesting to the applicant's exceptional ability do not need to come from U.S. sources at all. Each and every one can be from individuals or entities that are within the applicants own country - and even written in one's own language!

As stated, HILG can file these NIW cases for those that are presently here in the United States, and except for Indian and Chinese citizens (who have a backlog in the EB2 category), we may proceed directly to filing an adjustment of status of the principal and all dependent family members through concurrent filing procedures.

The entire family will be eligible for work authorization and be given authority to travel abroad (EAD and AP).

FOR THOSE WISHING TO IMMIGRATE FROM ABROAD:

If the individual is outside of the United States, please notify us and we will ask you for certain documentation, including completing a Questionnaire, and sending us a CV/Resume. Once we establish eligibility, HILG will immediately send out an Engagement Package. We will then put together the case with your help, and then directly file the I-140 (NIW) petition with the USCIS.

After the Approval is received, the case will proceed to Visa Processing at the appropriate U.S. Consulate - and soon thereafter the obtaining of immigrant visas for the entire family.

It should be noted that these cases will almost always be filed with the USCIS under self-petition rules and there is no need for an immediate job offer (often a stumbling block for those living abroad with very little contact with the United States).

Even the lack of English skills is not a stumbling block. However, we caution our many NIW clients who we self-petition from abroad that within a reasonable time after entering with their green card, the individual should expect to and truly seek employment in one's specialized field.

For more information, please contact me: heller@greencard1.com

Are you LinkedIn?

Dear readers,

If you haven't heard of it already, LinkedIn is a wonderful networking site for business professionals. I've found it very useful for building business relationships and would be happy to link to you.



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Paul M. Heller, Esq. (Founder/Principal)

Heller Immigration Law Group, LLP
2479 E. Bayshore Rd., Suite 709
Palo Alto, CA 94303

A Silicon Valley-based law firm specializing in employment-based immigration, for corporations seeking fixed monthly retainer fee arrangements.

Toll-Free: 1/800 863-4448; Local: 1/650 424-1900; Int'l: 1/650 424-1900; Fax: 1/415 276-9099

Email: heller@hilglaw.com; www.hilglaw.com (formerly: greencard1.com)

Heller Blog: blog.hilglaw.com

YM: paulhilg