IMMIGRATION MATTERS
A Column by Kimberley A. Chandler, Immigration Attorney
December, 2009
Acceptance
“The Blind Side,” Sandra
Bullock's new movie, is the story of a Caucasian
family that takes in, and befriends, an African-American
teenager. Two things about the movie made it
resonate for me: first, it is based on a true
story; and second, it is about goodness, a
subject not very popular these days.
The movie is not about immigration, the usual
topic of this column, but it is about acceptance
of people who look different and have backgrounds
different than our own. The movie caused me to
reflect on the people from around the world whom
I have represented and wonder whether they feel
accepted by the United States.
I don't think that they feel accepted by the
United States. As our economy has worsened and
crime has increased, those who seem different
than us are blamed. It is the immigrants, people
say, who have taken jobs from our citizens, have
diverted resources from hospitals and schools,
have caused our deficit to balloon and are responsible
for most serious crimes. These are legitimate
concerns and problems to which immigrants may
have contributed. But reliable data indicates
that immigrants' responsibility for these problems
is small and that they have been made an easy
scapegoat.
Having
become acquainted with hundreds of immigrants,
I know that some are “bad apples,” but most are
just like us: they are hard-working, pay their
taxes, love their children and want to be respected
and successful. Some, like Michael, the African-American
teenager in “The Blind Side” who became a professional
football player, have exceptional talent. Some
lead major United States corporations or are
responsible for the development of cutting-edge
technology.
During
this holiday season, why not emulate Leigh Anne,
the mom in “The Blind Side,” who encouraged
Michael to sleep on her couch rather than in the
school gym? Leigh Anne knew that she was taking
a chance by welcoming an unfamiliar teenager into
her home and family. She, however, was driven to
take the young man in because it was the right
thing to do; and she was open to the possibility
that Michael was a good kid and could be a positive
addition to her family. In these tough times, we
need to work extra hard at maintaining our goodness
towards others and avoid being unreasonably suspicious
and negative about immigrants. Extend a hand or
a smile to someone who is different.
This article should not be relied upon as
legal advice. Consult an immigration attorney
for advice specific to your situation.
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NEWS
H-1B QUOTA REACHED FOR FISCAL YEAR 2012 (OCT. 2011 - SEPT. 2012)
The annual cap of 65,000 H-1B visas for the 2012 fiscal year, which began October 1, 2011, was reached on November 22, 2011.
The window of time to apply for the 2012 visas ran from April 1, 2011 to November 22, 2011; and the next window, applicable
to the 2013 fiscal year, will not open until April 1, 2012. As the economy strengthens, it is likely that the quota of 65,000
will be reached well before November of 2012, so plan to file for new H-1Bs as early in the year as possible. Bear in mind that as long as
demand exceeds the annual supply of H-1Bs, the start date of new H-1B workers may need to be deferred until October 1, when a new
allotment of H-1B visas becomes available. . Remember that not all foreign workers are subject to the caps. Existing employees applying for extension of current H-1B status are not subject to a cap, and certain employers are exempted. Additionally, certain students authorized for optional practical training ("OPT") may be eligible to continue working in optional practical training status until H-1B visas become available.
EMPLOYMENT VISAS SURGE AHEAD
The China and India second preference cut-off dates have advanced rapidly in recent months. This is welcome news to the
Chinese and Indian workers, and their United States-based employers, who have been waiting years to file for U.S. permanent residency.
IMMIGRATION LEGISLATION, 2011
In 2011, several bills were introduced in Congress that relate to immigration issues other than enforcement, which dominated the immigration
legislation arena in previous years. Chandler Law Firm, LLC applauds the increased attention to immigration issues and, particularly, to reform
of the existing legal immigration system. Easing restrictions on the immigration of highly-skilled persons and entrepreneurs is the subject of
several recently-introduced bills.
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