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In order to do a Labor Certification, commonly known by its acronym, PERM, the US employer has to "test" the labor market to prove that no Americans are available to do the job. They do this by advertising in various places. The Department of Labor prescribes to us which particular places we can advertise. And that's where this game starts. Its a stilted process which has no resemblance to real life. We have to advertise in the Sunday edition of a newspaper. While this might keep the newspaper industry in the US afloat, in real life especially for jobs like "software engineer"--nobody reads print newspapers anymore. Then we have to advertise in the State Workforce Agency's web site. I bet you did not know that each state has a job search website run by the workforce agency. I did a google search on "Engineering jobs in Texas" and the workforce agency's website did not come up in the first two pages.
Yet when employers use a private Recruitment firm to do the "test" of labor market, they can get denied unless they have adequate documents to delineate exactly how they conducted recruitment. In re Unica Corporation, Balca 2010-PER-00006
So my advise to Employers is play the game by the DOL rules. In this game, the referee (DOL) is unforgiving, so avoid fouls by keeping meticulous records of all advertisement and recruitment report before starting to play the PERM game. If you are using any private recruitment agency, have a signed statement from them as to what they did, and keep it in the file. Follow the letter of the law, not its intent. Is this contrary to American jurisprudence? You bet.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
Friday, February 18, 2011
Friday, February 11, 2011
Immigration Scams that you should know about
Immigration Scams are easy jobs. The immigrants are trusting, and willing to give everything for immigration. And the scam artists know that. Here are some common things to look out for:
In the United States, ALL Government web sites end with dot gov. So if the web site says dot com, dot org or anything else, it is not a Government web site.
No one, not even the President of the United States can promise immigration. In fact, President Obama's aunt, his father's sister, (someone who President Obama did not know existed) was living here illegally. The Government deported her, even though her nephew was the President. This is the United States, and this is why people want to come here.
Similarly, many lawyers in big law firms promise that they are tight with the CIS, can can process the papers faster, better. Not true. There is NO influence peddling in the Government. The biggest Immigration law firm in the United States was audited by the Department of Labor when they were suspected of illegal practices, and each and every case suffered.
Immigration lawyers can only process immigration papers. They cannot give you a job, an office for L-1 a spouse or anything. Anybody who promises that is fraudulent. A Houston lawyer was found to be doing that with L-1 visas. Now she is in jail, and all her cases are being audited.
The Diversity visa is done through a lottery. The lottery is done by computers. Many people claim they can influence the results--- NOT TRUE.
Notarios are not lawyers in the United States. They are not supposed to be practicing law. They can only attest to the fact that if someone signs, that the person is really the one signing.
And finally, check out the lawyer's credentials before hiring her. Ask questions. Most lawyers have their degrees and licenses to practice law framed in their offices. Read those to determine that it is indeed a true LAW degree. Many times a degree in a certain law: "Bachelors in Criminal Law" or "Bachelors in Environmental law" are not true JD degrees.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
In the United States, ALL Government web sites end with dot gov. So if the web site says dot com, dot org or anything else, it is not a Government web site.
No one, not even the President of the United States can promise immigration. In fact, President Obama's aunt, his father's sister, (someone who President Obama did not know existed) was living here illegally. The Government deported her, even though her nephew was the President. This is the United States, and this is why people want to come here.
Similarly, many lawyers in big law firms promise that they are tight with the CIS, can can process the papers faster, better. Not true. There is NO influence peddling in the Government. The biggest Immigration law firm in the United States was audited by the Department of Labor when they were suspected of illegal practices, and each and every case suffered.
Immigration lawyers can only process immigration papers. They cannot give you a job, an office for L-1 a spouse or anything. Anybody who promises that is fraudulent. A Houston lawyer was found to be doing that with L-1 visas. Now she is in jail, and all her cases are being audited.
The Diversity visa is done through a lottery. The lottery is done by computers. Many people claim they can influence the results--- NOT TRUE.
Notarios are not lawyers in the United States. They are not supposed to be practicing law. They can only attest to the fact that if someone signs, that the person is really the one signing.
And finally, check out the lawyer's credentials before hiring her. Ask questions. Most lawyers have their degrees and licenses to practice law framed in their offices. Read those to determine that it is indeed a true LAW degree. Many times a degree in a certain law: "Bachelors in Criminal Law" or "Bachelors in Environmental law" are not true JD degrees.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
Thursday, February 10, 2011
Patriot Act dying a slow death
The House Republican majority failed to pass the Patriot Act, set to expire at the end of February. The Patriot Act is the Act that denudes Americans of their privacy, enables the Government to tap into their phone, e mail, library books, etc. 26 Republicans voted against the bill, while 67 Democrats voted with the Republicans for the bill.
This shows that House delegates do not necessarily vote on party line. The Republican controlled House cannot just assume that they can pass their agenda, despite Obama holding out carrots to them with the tax bill and other recent things.
Or maybe the house members are realizing how it feels to have your privacy eroded, with the Wiki leaks.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
This shows that House delegates do not necessarily vote on party line. The Republican controlled House cannot just assume that they can pass their agenda, despite Obama holding out carrots to them with the tax bill and other recent things.
Or maybe the house members are realizing how it feels to have your privacy eroded, with the Wiki leaks.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
Wednesday, February 2, 2011
Laissez Faire and Immigration
Two seemingly unconnected things happened this week, yet they are connected by a broad policy issue. The 65,000 H-1B quota finished last week. And a Florida Judge ruled that Obama's health care was unconstitutional. Yes, health care and immigration has nothing in common, but the laissez faire policy reaches out to every facet of Government.
The Florida judge ruled that the State cannot compel an individual to buy public health care. In a 78 page opinion, the judge goes back to American history, and the founding father's intentions of creating a society founded on freedom, where State does not interfere on individual's life. The Republican and tea party are rejoicing in that decision. Yet, the same people have no problem establishing quotas on business immigration.
There are only 65,000 (and 20,000 for US Master's holders) H-1B visas given annually. In years when the economy was better, there were more than 200,000 petitions filed on the first day (April 01). When the economy got worse, the filings slowed down. Last year, the numbers finished in late December, this year it was late January.
Thus filings mirror the marketplace. It is this imposition of an unnatural quota that is contrary to the founding father's intentions. Even now, there may be a doctor, who cannot give services due to the numbers, or a highly needed software professional, who cannot get an urgent work done.
Why don't we go back to the original intentions of our nation, as a Capitalist Laissez faire economy, abolish unnatural quotass, and have the market place determine what is necessary?
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
The Florida judge ruled that the State cannot compel an individual to buy public health care. In a 78 page opinion, the judge goes back to American history, and the founding father's intentions of creating a society founded on freedom, where State does not interfere on individual's life. The Republican and tea party are rejoicing in that decision. Yet, the same people have no problem establishing quotas on business immigration.
There are only 65,000 (and 20,000 for US Master's holders) H-1B visas given annually. In years when the economy was better, there were more than 200,000 petitions filed on the first day (April 01). When the economy got worse, the filings slowed down. Last year, the numbers finished in late December, this year it was late January.
Thus filings mirror the marketplace. It is this imposition of an unnatural quota that is contrary to the founding father's intentions. Even now, there may be a doctor, who cannot give services due to the numbers, or a highly needed software professional, who cannot get an urgent work done.
Why don't we go back to the original intentions of our nation, as a Capitalist Laissez faire economy, abolish unnatural quotass, and have the market place determine what is necessary?
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
Wednesday, January 26, 2011
The Future is ours to win
The title is a quote from President Obama's State of the Union speech last night. Yet, my blog is not about the State of US, it is about immigration and India.
A couple of years ago, Tata Consulting Company (TCS) was found to have been violating the L-1 requirements. Since the L-1 had no set amount that beneficiaries were to be paid, TCS brought people over on a blanket L, paid them very cheap wages, and farmed them out to other companies at a cheaper rate than US Companies would. This lead to sweeping reforms of the whole L-1 visa.
Last year, several computer consulting companies, owned by Indian Americans were found to be performing many illegal activities in the H-1B visa categories. This led to the now infamous Jan 08, 2010 memo, where USCIS instituted hightened requirements for consulting companies. It also led to the H-1B site visits.
Last week, Tri Valley University was found to have been giving false student visas to Indian students. There was anything but learning going on at this California institution. There were no education standards whatsoever. In fact I personally would not grant an H-1B visa to a Tri Valley student, if I were a CIS officer. This quota is for "professionals", and if you cannot get entry into a better school, you are NOT a professional. Yet many of these "students" were former H-1B holders, who, having lost their jobs, enrolled in Tri Valley.
Indians are a minority, and when things like these happen, they get sterotyped (albeit unfairly) as corrupt, false, doing anything and everything to stay in the US. The CIS scrutinizes the petitions of all Indians more carefully than other nationalities. And the majority of hard working, and successful Indian American owned businesses suffer.
Tri Valley is in the heart of Silicon Valley. Google will be hiring 6000 people shortly. Will anyone be Indians on H-1B?
We all suffer when things like this happens. And unless we take responsibility, the acts of few corrupt, (or in the case of Tri Valley students--- stupid) individuals, will hamper India's outsourcing business majorly. The future is ours to win.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
A couple of years ago, Tata Consulting Company (TCS) was found to have been violating the L-1 requirements. Since the L-1 had no set amount that beneficiaries were to be paid, TCS brought people over on a blanket L, paid them very cheap wages, and farmed them out to other companies at a cheaper rate than US Companies would. This lead to sweeping reforms of the whole L-1 visa.
Last year, several computer consulting companies, owned by Indian Americans were found to be performing many illegal activities in the H-1B visa categories. This led to the now infamous Jan 08, 2010 memo, where USCIS instituted hightened requirements for consulting companies. It also led to the H-1B site visits.
Last week, Tri Valley University was found to have been giving false student visas to Indian students. There was anything but learning going on at this California institution. There were no education standards whatsoever. In fact I personally would not grant an H-1B visa to a Tri Valley student, if I were a CIS officer. This quota is for "professionals", and if you cannot get entry into a better school, you are NOT a professional. Yet many of these "students" were former H-1B holders, who, having lost their jobs, enrolled in Tri Valley.
Indians are a minority, and when things like these happen, they get sterotyped (albeit unfairly) as corrupt, false, doing anything and everything to stay in the US. The CIS scrutinizes the petitions of all Indians more carefully than other nationalities. And the majority of hard working, and successful Indian American owned businesses suffer.
Tri Valley is in the heart of Silicon Valley. Google will be hiring 6000 people shortly. Will anyone be Indians on H-1B?
We all suffer when things like this happens. And unless we take responsibility, the acts of few corrupt, (or in the case of Tri Valley students--- stupid) individuals, will hamper India's outsourcing business majorly. The future is ours to win.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
Thursday, January 20, 2011
Immigrants, Parenting and Tiger Mothers
Amy Chua's book, "The Battle Hymn of the Tiger Mother" has created quite a stir in the US. In it Ms Chua, a Yale Law Professor, describes her hard driving parenting style that achieves the perfect child, rather than the feel good 'Disneyesque" Western Style of parenting which does not push achievement. In the Wall Street Journal article titled 'Why Chinese Mothers are Superior", Ms. Chua defines the term 'Chinese mothers" as---I'm using the term "Chinese mother" loosely. I know some Korean, Indian, Jamaican, Irish and Ghanaian parents who qualify too. Conversely, I know some mothers of Chinese heritage, almost always born in the West, who are not Chinese mothers, by choice or otherwise
Thus it is clear that at least in Ms. Chua's view mostly immigrant mothers qualify as the over driven creators of superb children, the Tiger Moms. Why? Immigrants bring with them the drive and the focus to succeed. They choose to come to the US, (as opposed to just being born here,) fight a lot of discrimination, and make it big. The other choice for them is to go back to the life they are fleeing from. No one hands them food stamps, no one gives them Social Security. No health insurance.They have to fight for everything they get, and in the strictest Darwinian terms, for them it is the survival of the fittest. And fittest they become. And so do their children, first generation Americans raised by immigrant parents. Eventually these children become successful adults, going into ivys, having successful jobs, paying lots of taxes. And what happens to the kids of the anti immigration ralliers? Well, at best they do the blue collar jobs, at worst they become KKK members.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
Thus it is clear that at least in Ms. Chua's view mostly immigrant mothers qualify as the over driven creators of superb children, the Tiger Moms. Why? Immigrants bring with them the drive and the focus to succeed. They choose to come to the US, (as opposed to just being born here,) fight a lot of discrimination, and make it big. The other choice for them is to go back to the life they are fleeing from. No one hands them food stamps, no one gives them Social Security. No health insurance.They have to fight for everything they get, and in the strictest Darwinian terms, for them it is the survival of the fittest. And fittest they become. And so do their children, first generation Americans raised by immigrant parents. Eventually these children become successful adults, going into ivys, having successful jobs, paying lots of taxes. And what happens to the kids of the anti immigration ralliers? Well, at best they do the blue collar jobs, at worst they become KKK members.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
Thursday, January 13, 2011
Does Immigrants actually take jobs?
Meet Mr. Patel. He came to this country from India, illegally at first, many years ago, and then naturalized. He started working at the bottom of the ladder, in his cousin's motel. He worked at least 12 hour days and saved money. Eventually he bought a motel, then another. Now he has a string of 6 Holiday Inns. He employs a lot of Americans.
Meet Mr. Ebrahim. He came from Pakistan on a visitor's visa pre 9/11. He bought a convenience store. Initially the whole family worked 24/7 to keep it going. Now he has 3 convenience store. He employs a lot of Americans.
Meet Mr. Oschwitz. He came to the US on an L-1 visa from Romania. After the fall of the Iron Curtain, and the rise of Capitalism, he opened a chain of gas stations in Romania. He brought over a million US dollars. Now he owns 5 gas stations and an apartment complex here. He employs a lot of Americans.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
Meet Mr. Reddy. He came over from India on an H-1B, and eventually got his green card. Now he has a big Computer Consultancy Company. He employs a lot of Americans.
Meet Mr. Bose. He came over from India as a student, graduated from MIT, and has his own business where he researches and makes audio equipments. He employs a lot of Americans.
I have altered the names of these individual to provide anonymity, but the stories are true.
Do hard working Immigrants really take jobs from American Citizens? Should we ban immigration, and take away the jobs of all Americans who work for an immigrant?
Meet Mr. Ebrahim. He came from Pakistan on a visitor's visa pre 9/11. He bought a convenience store. Initially the whole family worked 24/7 to keep it going. Now he has 3 convenience store. He employs a lot of Americans.
Meet Mr. Oschwitz. He came to the US on an L-1 visa from Romania. After the fall of the Iron Curtain, and the rise of Capitalism, he opened a chain of gas stations in Romania. He brought over a million US dollars. Now he owns 5 gas stations and an apartment complex here. He employs a lot of Americans.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
Meet Mr. Reddy. He came over from India on an H-1B, and eventually got his green card. Now he has a big Computer Consultancy Company. He employs a lot of Americans.
Meet Mr. Bose. He came over from India as a student, graduated from MIT, and has his own business where he researches and makes audio equipments. He employs a lot of Americans.
I have altered the names of these individual to provide anonymity, but the stories are true.
Do hard working Immigrants really take jobs from American Citizens? Should we ban immigration, and take away the jobs of all Americans who work for an immigrant?
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