U.S. IMMIGRATION LAW NEWSLETTER

Document Sample
U.S. IMMIGRATION LAW NEWSLETTER Powered By Docstoc
					 U.S. IMMIGRATION LAW NEWSLETTER
Provided by Kazmi & Sakata                                                                                                                                   March 2007
www.ksvisalaw.com
           IN THIS ISSUE                   Kazmi & Sakata are proud to provide this free monthly newsletter. This newsletter includes a few brief U.
          H1B DEADLINE                     S. immigration updates relating to Employment & Family Visas and Green Cards. It is important
                                           for Employers and Family members to stay abreast of any new changes in U.S. immigration policy
  CONSULAR OFFICES ABROAD                  and procedures.
 RESUME I-130 IMMIGRANT VISA
          PETITIONS                        This month's issue covers a variety of immigrant and non-immigrant issues.

 BILL GATES AND IMMIGRATION

        VISA BULLETIN LINK                                                                                            H1B DEADLINE
                                         There is a quite a bit of chatter about how soon the FY 2008 H-1B quota will be exhausted, with
                                         some predictions that the regular cap will be reached within the first day or first two days of filing. There is,
                                         of course, no way to know if this speculation will be true, but it appears that many attorneys are operating
                                         on the assumption that it could be so.

                                         Moreover, if a sufficient number of petitions to exhaust the quota is received on the first day, the USCIS
                                         will apply the "random selection" lottery to petitions received on the first and second days as provided for
                                         in the regulations.

                                   The start date for all new H1bs must be October 1st. However, we are permitted to begin filing on April
                                   1st. This is because the Labor Condition Application (LCA) must be done online no earlier than six (6)
KAZMI & SAKATA is a Business &     months before. However, the first day (April 1st) is a Sunday. Thus, we are planning to file all our H1bs
Family Immigration Nationality Law
                                   on March 30th to be delivered on Monday, April 2nd. We can get the LCA in hand before April 1, by setting
Firm in San Diego, California.
                                   the employment start date on the LCA for a date in September, and set the expiration date for a date no
Our firm can help you obtain your  more than three years later.
Green Card through Marriage or
through Employment.                Thus, we will file with a start date of October 1, but with an expiration date that coincides with the
                                   expiration date of the LCA (a few weeks earlier in September 2010).



           info@ksvisalaw.com                                                    CONSULAR OFFICES ABROAD RESUME I-130 IMMIGRANT VISA PETITIONS

          Phone: 858-874-0711            Effective March 21st, consular posts abroad will accept petitions for immediate relative immigrant
                                         classification from American citizens who are resident in their consular districts, including members of
          www.ksvisalaw.com              the armed forces, as well as true emergency cases, such as life and death or health and safety, and
                                         others determined to be in the national interest.
           Client Testimonial
                                            As of January 22, 2007, consular offices abroad were instructed to cease accepting certain immigrant
                    Dai I.                  visa petitions because consular officers lacked the means to perform the required criminal background
This winter, we helped Dai obtained his     checks on American citizen petitioners, as required by the Adam Walsh Act.
Adjustment of Status based on his father's
I-130 filed several years before.           Subsequently, the Department of State and the U.S. Citizenship and Immigration Service (USCIS) worked
                                            to develop a mechanism whereby USCIS will perform these required "Adam Walsh Act" checks for
This is what he had to say about our        any petitions accepted abroad by consular officers. To demonstrate residency in a consular district,
services:                                   American Citizen petitioners must be able to show that they have permission to reside in the consular
                                            district and that they have been doing so continuously for at least six months before filing the
"Please accept my sincere thanks for your petition. Individuals who are in the country on a temporary status, such as student or tourist, would not
professional support and consulting in      be considered to meet the residency standard.
obtaining my US Permanent Resident
Card. I am very confident that without your
professional services rendered, things
might have been less fortunate for me, and
or perhaps more complicated."                                                                               BILL GATES AND IMMIGRATION

                                             Bill Gates told Congress on March 7th that overhauls of the nation's schools and immigration laws are
                                             urgently needed to keep jobs from going overseas. "The U.S. cannot maintain its economic leadership
                                             unless our work force consists of people who have the knowledge and skills needed to drive innovation,"
                                             Gates told the Senate committee that oversees labor and education issues.

                                             Gates said the nation's economy depends on keeping the country's borders open to highly skilled
                                             workers, especially those with a science or engineering background. Federal law provides 65,000 H1-B visas
                                             for scientists, engineers, computer programmers and other professionals every budget year. High-tech
                                             and other employers say that's not enough.

                                             "Even though it may not be realistic, I don't think there should be any limit," Gates said, adding that
                                             Microsoft hasn't been able to fill approximately 3,000 technical jobs in the United States because of a
                                             shortage of skilled workers.
                                                                                                                               VISA BULLETIN

                                                     The Visa Bulletin provides updates on Immigrant Visas (green cards), which are numerically limited
                                                     by category and by country of chargeability.

                                                     Please see the following link to the April Visa Bulletin issued by the Department of State:

                                                     http://travel.state.gov/visa/frvi/bulletin/bulletin_3169.html




                                                     We ask our readers to participate and be active in the U.S. immigration practice. Please send us your
                                                     feedback on this newsletter and feel free to ask any U.S. Immigration question you may have by sending
                                                     an email to info@ksvisalaw.com.



Disclaimer: This newsletter is not intended as legal advice and you should contact an attorney for any legal advice.