Chandler Law Firm LLC

IMMIGRATION MATTERS

A Column by Kimberley A. Chandler, Immigration Attorney
January, 2010

BEHIND THE WORDS

Widespread misunderstanding and misuse of immigration lingo makes intelligent debate of the immigration issue challenging. For example, the word “immigrant” is used incorrectly by many to describe anyone present in the United States who hails from another country. It carries negative connotations, too: many people blame our country's woes – crime, poverty, high unemployment, etc. on immigrants.

The dictionary definition of “immigrant” is much narrower and suggests relatively honorable conduct. Dictionary.com defines an immigrant as “a person who migrates to another country, usually for permanent residence.” Since migration, in today's world, requires compliance with intricate laws and regulations, immigrants are persons who, by definition, have complied with the immigration law.

Who, then, are the “illegal immigrants” that everyone loves to hate? I suppose that term refers to persons who enter the United States without authorization or stay beyond the date by which they are to leave. They really are not immigrants at all but immigration violators and are more accurately referred to as illegal or undocumented “aliens.” The term “alien,” in the immigration law and Dictionary.com means non-citizens.

Another term useful to the immigration discussion is “non-immigrant,” which is an alien who enters the United States with the intention of staying temporarily. Non-immigrants include visitors, foreign students and temporary workers.

In 2010, it is likely that Congress will consider major changes to our immigration laws. There are two sides to the immigration coin. Changes to our immigration system that make it easier for talented, law-abiding persons to immigrate to the United States or to enter as non-immigrants for a limited period of time are as important to the welfare of our country as are changes that deter abuse of our immigration laws.

As the immigration debates heat up, we need to be mindful of generalizations and terminology which may be not only inaccurate but also a smokescreen intended to confuse the facts and conceal prejudice toward non-citizens.

This article should not be relied upon as legal advice. Consult an immigration attorney for advice specific to your situation.

 
 

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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