Global Immigration Blog : Immigration Lawyers & Attorneys : Jackson Lewis Law Firm : Labor Certification, Adjustment of Status

In 2008, Microsoft founder Bill Gates stated that the United States has a “[c]ritical shortfall of skilled scientists and engineers who can develop new breakthrough technologies.” He stressed, “Without people who have the skills necessary to drive the next wave of technology innovation, it will be impossible for the United States to retain its global innovation leadership.”

Regardless of the changes in the economy and political views toward immigration, statistics demonstrate a clear relationship between innovation and immigration. Over 50% of engineers and 45% of mathematicians, computer scientists, life scientists and physicists holding Ph.D.s currently working in the United States are foreign born. In addition, 29% of engineers, 37% of math and computer scientists and 25% of physicists holding Master’s degrees are foreign born. Approximately 25% of international patents filed in the United States in 2006 were submitted by immigrants.

The United States has long been the desired destination of immigrants worldwide. In recent years, there has been a major drop in levels of immigrants in “high IQ” positions. As the country seeks to regain its position as a global leader, it is essential to embrace those who can contribute to our intellectual capabilities. By creating a simpler and more accessible path to immigration, we can again attract the world’s talent, which will only increase our global competitiveness.

Some may argue that America was built on the backs of immigrants. To my mind, however,the best solution to our economic problems rests not on the backs of immigrants, but in the power of their minds.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Undeniably, America is and will continue to be a nation of immigrants. Immigration is a vital part of our history and remains important today. It is inextricably bound up in our politics economy, international trade, health care, national security, employment and education. Our country’s immigration laws, however, can be confusing and often are misunderstood.

The mission of this blog is to educate readers on our immigration laws. It will cover issues, history and policies affecting immigration both in the United States and worldwide. We hope to celebrate immigrants and raise awareness of the contribution they have made to our country and culture. The world may feel smaller because of technological advances, but the most important asset of any company remains its human resources, including employees new to the United States.

As the principal contributor to this blog, and an immigrant myself, immigration is an intensely personal topic. I remember standing in a crowded convention center filled with hundreds of joyful new Americans, many with tears of happiness flowing, as I took my oath of citizenship. I was only 18 at the time, but I remember distinctly my feeling of pride and awe when I was welcomed as a United States citizen. It is a feeling I re-live with every case we conclude successfully.

The attorneys of the Jackson Lewis Global Immigration Group have helped employers with petitions for tens of thousands of immigrants. We welcome you to this blog.

Sincerely,
Davis Bae
Attorney at Law and Naturalized American Citizen

• Email This
• Print
• Comments
• Trackbacks
• Share Link

America’s rise through immigration creates a great irony. What we consider products of a distinctly American culture may not be “American” at all. Many would not exist but for the contribution of some amazing immigrants. On this Thanksgiving Day, let us recognize some of these extraordinary people.

The list of foreign-born Americans who shape our nation is awe inspiring. In business, there is Bjarne Stroustrup, Danish-born inventor of C++ (a computer programming language); Andrew Grove, Hungarian-born founder of Intel Corp.; Jenny Ming, Macau-born CEO of Old Navy; and Liz Claiborne, Belgian-born fashion designer.

In sports, there is racing great Mario Andretti, hockey legend Wayne Gretzky, tennis immortal Martina Navratilova and baseball phenomenon Ichiro Suzuki. The list in arts is extraordinary and includes Yo-Yo Ma, Michael J. Fox, Ansel Adams, Gloria Estefan, Sidney Poitier, Elizabeth Taylor, William Shatner, Neil Young and Eddie van Halen. Even American politics is greatly influenced by immigrants, including former Secretaries of State Madeleine Albright and Henry Kissinger, and entertainment/political crossover Arnold Schwarzenegger.

Why do these extraordinary people come to this country? Perhaps it is because the United States provides hope for those who want to maximize their talent and ability. Even the most powerful symbol of America, the Statue of Liberty, was designed by French artist Frederic-Auguste Bartholdi. It is, therefore, entirely fitting that “The New Colossus” bears the inscription “[I] lift my lamp beside the golden door."

The door is golden because of those who pass through it.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The USCIS announced that as of November 20, 2009, approximately 56,900 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, recognizing that some of these petitions may be denied, revoked, or withdrawn.

Last week, the USCIS used approximately 1300 H-1Bs. Assuming the agency stops accepting applications once they hit 58,200 (65,000 less 6,800 reserved for H-1B1 program), the cap will be open for about one more week. Those needing an H-1B visa should file immediately. If the quota is reached, H-1B visas will be unavailable until October of 2010.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The Fraud Detection Unit of the United States Citizenship and Immigration Services (PDF) (USCIS) has initiated thousands of unannounced site visits to employers with H-1B employees. Although the vast majority of site visits go smoothly, this program can be intimidating and create a chilling effect for employers who wish to pursue the H-1B program appropriately. Employers who do not file accurate H-1B applications may have their petitions revoked, and, in cases of severe abuse, further investigation could lead to civil penalties and criminal prosecution.

Conscientious employers generally do not have to fear a site visit, but should understand them and know how to respond. A site visit will occur at the employer’s location or employee’s worksite. The USCIS investigator generally will ask for the signer of the immigration forms, but may ask for another company official. The investigator will seek to review information from the immigration petition regarding the employer’s business and the employee's job title, duties, work location, and salary.

If you have H-1B employees, prepare for the strong likelihood of a site visit. This means maintaining accurate immigration documentation and becoming knowledgeable aboutthe information they contain. If the H-1B employee is not on site, be sure that there is a person at the location who knows how to respond to an audit.

If you are audited, take careful notes, including the name, title, and contact information of the investigator. If possible, have a witness who also prepares detailed notes of the visit.
If you are unsure how to answer the investigator’s question , simply say that you will follow up after the visit. If any issues arise during the site visit or if you have other concerns, ask to have your immigration lawyer present in person or by telephone.

• Email This
• Print
• Comments
• Trackbacks
• Share Link