IMMIGRATION MATTERS
A Column by Kimberley A. Chandler, Immigration Attorney
October, 2009
IMMIGRATION LAW AFFECTS
EVERYONE There
is a widely-held perception that only undocumented
folks are affected by United States immigration
law. I recently contacted an attorney friend
about a personal injury legal matter involving
my family. In an effort to support my immigration
practice, she enthusiastically offered to refer
potential clients to me, because, she said, “Even
illegals get hurt.” I chose not to launch into
a lecture about most of my clients being legally
in the United States, but her comment continues
to trouble me. This is why.
There is a huge, intricate body of immigration
law and regulations developed to control the
movement of people into, and out of, the United
States. These laws and regulations touch, in
some way, the lives of nearly every person living
in the United States, citizens included. Subjects
addressed by these laws and regulations include
travel documents required of United States citizens,
procedures United States citizens must follow
to bring foreign-born adopted children, fiancees
and spouses to the United States, the activities
in which non-citizens may participate and for
how long they may stay, and tax and estate planning
issues, to name just a few.
There are innumerable immigration laws affecting
companies doing business in the United States.
Employers must verify the identity and work authorization
of every new employee, including U. S. citizens.
The forms that employers complete during that
verification process are subject to review by
state and federal government agencies; and employers
who are not in compliance are subject to hefty
fines. Immigration laws regulate tax and benefits
issues relating to non-citizens, and they control
the structure of business entities that include
non-citizen owners. Employers wanting to bring
foreign workers into the United States must comply
with complicated procedures set forth in the
immigration law.
There
are, of course, many skilled and dedicated attorneys
who represent persons who are in the United States
without authorization. To assume, however, that
all immigration lawyers must represent “illegals,” as
my attorney acquaintance did, represents a gross
misunderstanding of the breadth of United States
immigration law. 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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