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L-1 visa gaining popularity among U.S. employers
 SAN
FRANCISCO,
CA - Most foreign workers would take the opportunity to work in the United
States in a heartbeat. The problem is that there are not enough visas to go
around. Demand is far greater than the supply. Under the
H-1B visa program
employers in the United States are allowed to hire foreigners with specialty
occupations. The non-immigrant must hold at least a bachelor’s degree or its
equivalent. Some of the specialty occupations include engineering, medicine,
architecture, law, mathematics and accounting. The number of
H-1B visas for
skilled foreigners is capped at 65,000 annually but good luck getting one. As a
result, many U.S. employers have been looking at alternate programs such as the
L-1 visa. Under this program an employee who is hired at an office abroad can be
imported into the United States. Unlike the H-1B that has a short filing period,
the L-1 can be applied for throughout the year. Another advantage is that there
is no current limit as to how many L-1 visas can be issued. In 2006 the American
government granted about 56,000 L-1 visas. The downside to foreign workers hired
with an L-1 visa is that their sponsor is not mandated to pay the prevailing
U.S. wage for their job. Workers hired with an H-1B visa must be paid the
prevailing wage. Some employers attempt to reduce their shortage of workers with
the H-1B visa while others are using a combination of the H-1B and L-1 visas.
Recently some companies that specialize in outsourcing have been misusing the
L-1 visa because it is an easier way to obtain a visa and they can get away with
lower wages. Congressmen are looking into visa reform that would prohibit
outsourcing companies from obtaining L-1 visas and would make it a requirement
that prevailing U.S. wage be paid to L-1 employees.
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Deported illegal immigrants planning their way back to the U.S.
 HOUSTON,
TX - Getting to the United States is a dream come true for many
illegal
immigrants. Jobs are scarce in their homeland and those with jobs sometimes
still struggle to make ends meet. Violence around their neighborhoods may also
encourage them to move elsewhere. Immigrants know that a hard life awaits them
in the U.S. but even this life is usually better than that at home. A Salvadoran
who recently got deported is already planning his way back to the United States.
In El Salvador he can earn up to $20 a day as a construction worker. However,
there is no guarantee that he will be able to find a job and work on a full-time
basis. In the U.S. he can work full-time and buy what he needs. He may even be
able to save money and send some back home to his family. Another deportee left
behind a girlfriend and four kids in the United States and that is his incentive
to return. For now he is making $3 day in El Salvador. Sometimes there is
financial pressure to get to the U.S. again since many have mortgaged their
homes or took out a high-interest loan to finance their
border trip. Others have
become accustomed to life in the United States. Those who get caught trying to
cross the border again face a stricter penalty including jail time but even this
may not discourage them. Last fiscal year the Department of Homeland Security
returned more than 280,000 illegal immigrants to their homeland. The previous
year the number sent back was 186,000. The government is not only focusing on
illegal immigrants with criminal charges but now also including illegal
immigrations with no prior convictions. ICE has nine planes set aside for
deportation purposes. The cost of this program is expected to be around $135
million this year. |
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H-1B filing period begins April 1 with new changes
 PHILADELPHIA,
PA - H-1B visas are highly coveted because a foreign skilled worker can work
for their U.S. employer for up to six years. While the
H-1B visa cannot be used
as a path to permanent residency, it can make it easier to obtain residency. The
visa holder may be able to submit a permanent residency application while living
and working in the United States. Starting April 1, 2008 employers can submit
the H-1B visa application but this year there are changes. In the past some
employers increased their odds of getting selected in the lottery system by
submitting more than one application for an employee. U.S. Citizenship and
Immigration Services took notice and will now penalize employees for this.
Consequences for submitting multiple applications for an employee include
disqualification of the employee’s visa application and loss of application
fees. Another change that will be implemented by the USCIS is that it will
increase the pool of applicants they select from. Previously they selected from
applications that were filed within the first two days of the application
window. The USCIS will now be selecting applications filed within the first five
days. There is an exception to the rule of filling multiple applications for one
employee. If there is a parent company with subsidiaries they can file multiple
applications for one employee. Each application submitted must be for a
different position and have a legit purpose. |
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Immigration agent facing charges for requesting sexual favors
 NEW
YORK,
NY - People who are in a position of power may sometimes use it for personal
gain. This is what occurred with Isaac R. Baichu, an immigration agent, who
asked a young Colombian woman for sex in return for a
Green Card. She first came
to the U.S. in 2004 with a tourist visa and overstayed. Later she met an
American citizen and got married. The 22 year old woman whose identity is being
withheld had a Green Card interview with Baichu. At the conclusion of the
interview where the husband was also present Mr. Baichu asked the Colombian
woman for her cell phone number. Three days later Mr. Baichu called to set up a
meeting. The woman showed up because she knew Baichu could approve or reject her
case. She along with two relatives had a small brush with the law previously and
Baichu was using this to blackmail her. Baichu asked the woman to meet him in
the parking lot of a New York diner. Inside his car Baichu explained what he
wanted. He was requesting sex once or twice and mentioned that he could help
other Colombians in a similar position. The woman hesitantly agreed to his
agreement and Baichu asked her to give him oral sex to prove she was serious.
The woman did not want to but she ended up doing it. The conversation between
the agent and the young woman was recorded on the woman’s cell phone. Weeks
later she turned over the recording to the New York Times. Baichu is currently
suspended with pay while the investigation goes on. In the three years he worked
as an immigration agent Baichu was responsible for handling over 8,000
Green
Card cases. If he is found guilty of the charges, Baichu could face up to seven
years in prison.
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Maine offering non-residents and non-citizens a driving license
 AUGUSTA,
ME - Illegal immigrants wanting to obtain a
driver’s license have been
shunned by many states. However there are still some states like Maine that
allow illegal immigrants to obtain one. Critics fear that illegal immigrants
will be able to purchase a handgun and get into federal buildings among other
things with a state-issued driving license. According to them it is a safety
issue. To obtain a driving license in Maine an applicant is not required to be a
Maine resident or be in the United States legally. Requirements for a driver’s
license include presenting identification like a passport or
birth certificate
and passing the written and road tests. Three years ago Maine made it tougher to
obtain a driving license by adding the requirement of a
Social Security number.
If the applicant did not have one they had to show proof that they were not
eligible for one. Critics were not satisfied with the new measure since they are
still ways of getting around the current system. It is estimated that nearly
2,600 individuals out of one million who have a Maine
driving license do not
have a valid Social Security number. Mainers have seen in the past how illegal
immigrants have come into the state with the sole intention of getting a
driver’s license. Some offer to take illegal immigrants to Maine for a fee
ranging from hundreds to thousands just like human smugglers. Some Mainers do
not want to see the state become an illegal immigrant destination. Others want
Maine to not play any part in making it easier for
illegal immigrants to begin a
new life here. Even with this type of “opportunity” some illegal immigrants
still choose not to obtain a driving license because they fear being pulled over
by a police and ending up deported. |
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Permanent Residents fighting for America
 MIAMI,
FL - Joining the U.S. military is not popular especially in a time of war
like this. Many Americans have become part of the all-volunteer force but there
is a small minority that has taken the same oath to serve yet are not
American
citizens. To serve in any branch of the U.S. military – Army, Air Force, Coast
Guard, Marines or Navy – individuals must be either a permanent resident or U.S.
citizen. A non-citizen recruit must go through a detailed background check
before they can enlist. In addition, any job specialty requiring a security
clearance is off-limits to non-citizens. As permanent residents they are only
able to join the enlisted ranks and not the commissioned ranks. Many permanent
residents though are still attracted to the U.S. military because they want to
give back to the country. After 9/11 President Bush signed into law a measure
that made those who had served honorably in the war on terror eligible to file
for immediate U.S. citizenship. Many have paid the ultimate sacrifice and have
been awarded U.S. citizenship posthumously. In fact the first military member to
get killed in the Iraq war was Marine Lance Corporal Jose Gutierrez who was a
Guatemalan native. He came to the U.S. at 14 years old and was a
permanent
resident at the time of his death. Currently they are an estimated 20,500
permanent residents serving in the U.S. military. About 37,000 non-citizens in
the U.S. military have been granted U.S. citizenship since 2001. More than 7,000
military members have pending citizenship applications since it usually takes
anywhere from seven to ten months for the application to get processed. These
military members are often referred to as “Green-Card warriors” and patiently
wait for the opportunity to become an American officially. |
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Order given by NJ State Attorney General not always implemented properly
 TRENTON,
NJ - Illegal immigrants the threat of
deportation is a constant one now that
the ICE has a more aggressive strategy. Government agencies are working more
closely and referrals to the ICE are more common. An example of this sort of
partnership exists between New Jersey law enforcement and ICE. About seven
months ago the New Jersey state attorney general, Anne Milgram, instructed the
police department to interrogate individuals on their legal status if they were
arrested for certain crimes. If they were suspected of being an illegal
immigrant then the police would report them to federal authorities like ICE.
Since its implementation the number of referrals to federal authorities has
almost doubled. This is of concern to many immigrant advocates because they
believe racial profiling is taking place. They mention cases where
illegal
immigrants have been asked their legal status when getting pulled over for a
simple traffic violation. Witnesses have also been asked about their immigration
status. One man who recently went to bail out his nephew who is an
illegal
immigrant was interrogated about his legal status and was asked for
identification at the police station. According to Ms. Milgram the order she
gave has helped identify criminals who are
illegal immigrants and would have
normally been let go after serving their sentence. She also mentioned that the
order prohibits racial profiling. In addition, witnesses and crime victims
should not be asked about their legal status and legal status should only be
asked when an individual is arrested for an indictable offense. Some New Jersey
police officers acknowledged that they had received little or no training. Many
others said they were required to put their initial in a book to acknowledge
they had read the order. Milgram admitted the order was not perfect and that she
would give better instructions to train local police officers on this matter.
Implementation of the order has varied greatly throughout New Jersey.
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511 Avenue of the Americas # 45
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