IMMIGRATION MATTERS
A Column by Kimberley A. Chandler, Immigration Attorney
May, 2009
For the debut of this column, I searched for a powerful subject. My words needed to capture the reader and to stimulate thoughts about immigration. And then I got a call from one of my very first immigration clients. His story is my subject.
He first came to the United States from his native country, Nigeria, in the late ‘70s as an exchange student. He graduated from a well-respected university in the Midwest, then received an MBA and a masters in finance and, eventually, a law degree. He started a securities business years ago. He now employs 16 people, but when economic times were better, he employed almost 60. He naturalized and is married to a United States citizen. His two children are excellent students. He sits on several boards and makes large charitable donations.
I came to know him when he was in danger of being deported in the ‘80s. His wife at the time, a United States citizen, threatened to tell the Immigration Service that he perpetrated a fraud, marrying her only to receive immigration benefits. She made this threat several times, always when he wasn’t “behaving.” When he told me that he loved his wife and that her erratic behavior was due to a recently-diagnosed mental illness, I believed him. So did a federal judge, who allowed him to remain in the United States.
Like most of us, he is concerned about the economy but determined to ride out the hard times. Never has he lost faith in the United States, which he always calls “the best country in the world;” and he believes that our country offers opportunity to all who are willing to work hard. He’s an immigrant - positive, hard-working, honest, kind – the type of guy I want as a neighbor and a friend. And he’s not the exception. Although his accomplishments are extraordinary, he epitomizes the attitudes and feelings of my clients. As Congress now considers reforming our immigration system, I ask you: At what expense do we restrict people like this from coming to the United States?
|
|
|
|
|
|
 |
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.
|
|
|
