May 2010 Archives

May 28, 2010

H-1B Quota Count: Advice for F-1 Students When OPT Expires

USCIS updated the H-1B quota numbers again last week. Approximately 19,600 applications have been been received for the regular cap and approximately 8,200 have been received for the "master's degree" or "advanced degree" cap.

The increase of 700 applications overall, in the past week shows that it's still anyone's game at this point. If you are a recent graduate and are hoping to find that job before your OPT expires, keep looking and keep in touch with Law Offices of J Craig Fong. I have counseled many F-1 students here currently on OPT and they are awaiting job offers and we are ready to begin H-1B applications just as soon as the right job offer comes along...

It is anticipated that the H-1B season will last for months to come. Even if you are running out of OPT time and considering returning home, you should think about consulting with Law Offices of J Craig Fong before you leave so that if and when a job offer can be made, you can be sure that you have counsel who knows you and your qualifications and is ready to work with your US employer. It's not at all uncommon that attorneys at the Law Offices of J Craig Fong represent clients who are outside of the US at the time of their application. If you are leaving the country to avoid unlawful presence, but to keep all your options open for returning with work status, you want an advocate on your side before you leave the country. ---ecf

May 22, 2010

H-1B Quota - Are You Sure Your Case Will be Successful?

As promised, here is yet another update on the H-1B quota. On May 14, 2010, USCIS confirmed that approximately 19,000 H-1B applications have been received, and that approximately 8,100 applications were received for the advanced degree quota.

If you were reading this blog on May 11, 2010, you would have seen that I reported USCIS' most recent count as of that date: 18,000 regular applications and 7,600 applications toward the advanced degree quota.

So the numbers are creeping upwards but if you look at how the numbers progressed last season, we may see these numbers go upwards and then back again. This is when denied H-1B cases are accounted for and subtracted from the total number of applications pending.

Many applicants, employers, and even attorneys have speculated that there seems to be an increase in denials in the last year. It may be akin to the official report that came out recently confirming that deportations have increased dramatically in the last year. It's no secret that enforcement of immigration laws is a priority and rightly so. However, when you've got a good H-1B case, you had better make sure that your attorney or advisor truly knows what they are doing with your case. USCIS' review of cases is becoming ever so thorough and applicants need to know that their case will survive the scrutiny.

If you are lucky enough to have a job offer, you must work with a qualified immigration attorney to make a successful application. If you have had an H-1B petition or visa denied and want an opinion as to an appeal or refiling your application, call Law Offices of J Craig Fong. --ecf

May 18, 2010

Tam Ngoc Tram - The DREAM Act Loses an Advocate

For years now, Congress has debated whether to pass the DREAM Act. The DREAM Act would give a future to undocumented youth through a conditional path to citizenship and it would have legalized people like Tam Ngoc Tran who died earlier this week in a tragic car accident.

Tam was a native of Garden Grove, California, born in Germany to Vietnamese refugees. She was pursuing a doctorate at Brown University. She was a graduate of UCLA, and she was a tireless DREAM Act Advocate, having testified before Congress in favor of its passage.

Tam, herself was undocumented and found removable by an immigration judge who denied her and her family political asylum. On appeal, the Board of Immigration Appeals found that the family could not return to Vietnam because of fear of political persecution, so the US could not remove the family to Vietnam. Having been born in Germany, the government sought to remove her to her birthplace, yet Germany refused to grant her entry. Tam was stateless. The only home she knew was the United States.

This tragic accident took the life of another passenger, a fellow UCLA graduate and DREAM Act activist, Cinthya Felix. Law Offices of J Craig Fong offers condolences to the families of both Tam and Cinthya. --ecf

May 14, 2010

"Green" Card Becomes Green Once More

I-551 card.pngThe day when you could become a US Legal Permanent Resident (LPR) simply by walking off of your boat has long passed. Since that time, paperwork or cards documenting an immigrant's status have taken various forms, the most well known being the "green card." The "green card" was a plastic laminated card issued by the US Immigration and Nationality Service (INS) so that immigrants could demonstrate that they were legally in the USA. Here in Los Angeles at the immigration law offices of J Craig Fong, virtually everyone -- even the attorneys -- will at least some of the time call the Legal Permanent Resident card "the green card" It's simply a habit.

The card ceased to be green over 25 years ago.

This week, US Citizenship and Immigration Services (USCIS, the successor to the INS) announced that it has redesigned the LPR card. It will now have a multitude of security and safety features. The redesigned card has media which will store photo and biometrics of the cardholder; holographic images and laser-engraved fingerprints are supposed to make the card "nearly impossible to reproduce." The LPR card will now also, like US Passports, have a Radio Frequency Identification (RFID) chip, allowing the card to be read from a distance.

And the card will be green once more.

USCIS will begin issuing the new cards immediately. Holders of the older green card are NOT being required to obtain the new card at this time. --jcf

May 13, 2010

Legalizing Undocumented Workers is GOOD for US Budget

As the discussion of Comprehensive Immigration Reform moves forward, the immigration lawyers of The Law Offices of J Craig Fong in Los Angeles have heard and read accusations from some that the US cannot "afford" to have more immigrants, that the US has huge budget problems, and that we should look after Americans first.

At least one American political leader, Florida Governor Charlie Christ, has recognized that a fair, reasonable legalization program will allow millions of undocumented immigrants to get social security cards, pay

May 13, 2010

Federal Official Lies About Following Immigration Law

Pinocchio.jpgBorder guards are not known to be the friendliest people in Federal service. The immigration attorneys at the Law Offices of J Craig Fong in Los Angeles routinely hear stories of border guards shouting at aliens who are telling the truth, bluntly telling aliens, "you are lying to me," or asking in a hostile manner, "why are you lying to me?" The border guards do this, even when they do not really think someone is lying. They do it to destabilize or disturb the alien, to get the alien to make an error or say something wrong. Basically, it is a trap.

Recently, Alan Bersin, the commissioner of US Customs and Border Protection -- the head of all the border guards -- told Congress that he did not know he was required to fill out and keep Federal paperwork to verify that his household employees had the right to work in the USA.

Bersin is the head of US Customs and Border Protection.

Bersin is a former California Secretary of Education.

Bersin is a former US Attorney.

Bersin went to Harvard and Yale.

Bersin says he had no idea he had to follow the law?

Why is he lying to us?

--jcf

May 11, 2010

H-1B Quota Update: May 11, 2010

Just today, USICS released information stating that about 18,000 H-1B applications were received. Also, USCIS has announced that 7,600 H-1B petitions were received for the advanced degree quota.

For those of you keeping track of the H-2B quota, about 65,307 of the 66,000 allocated for this fiscal year have been approved.

Looks like time is running thin for H-2B applicants but that H-1Bs are still available. Call or email us at Law Offices of J Craig Fong if you are considering applications for H-2B or H-1B. --ecf

May 1, 2010

H-1B Quota 2010

The H-1B quota. "When will the quota close?" "How long do you think before the H-1B cap is reached?" These are the questions I've fielded for years while professional workers scrambled for jobs or while their employers are completing their forms. The USCIS has announced only receiving slightly more than 16,025 applications for the H-1B quota, which cannot exceed 65,000 approved H-1B petitions per year.

As for the US advanced degree H-1B quota, only 6,739 have been received by USCIS. There is a total of 20,000 additional H-1Bs allotted towards H-1B applicants who earned advanced degrees in the US.

The low rate of applications this year is clearly an indication of the poor job market but those who have specialized skills are still of benefit to US employers, who need more than ever, employees who can contribute their skills to build and create continued business in the US. Call Law Offices of J Craig Fong if you are interested in the H-1B program. ---ecf