Fiscal Year 2010 H-1B Cap Count
As of December 21, 2009, USCIS has received sufficient petitions to reach the statutory cap for FY2010. USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2010 that are received after December 21, 2009 USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on December 21, 2009.
H-1B Lawyers of Minnesota
http://www.cundyandmartin.com/immigration/work-visas/h-1b.php
Wednesday, December 23, 2009
Tuesday, November 24, 2009
Immigration News on Worksite Enforcement, Raids, DHS Visits, and Illegal Immigration. USCIS and ICE Focus on Work Visas.
The Department of Homeland Security, through an announcement entitled "2009 Government and Employers: Working Together to Ensure a Legal Workforce," explained the three types of site visits that are currently being conducted:
1. Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based, this study is part of a joint program between USCIS and ICE. Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.
2. Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.
3. Administrative site visits. These relate to religious worker and H-1B petitions. They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.
http://www.immigrationlawyermn.com/
http://www.cundyandmartin.com/
(952) 746-4111
Immigration Lawyers of Minnesota
1. Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based, this study is part of a joint program between USCIS and ICE. Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.
2. Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.
3. Administrative site visits. These relate to religious worker and H-1B petitions. They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.
http://www.immigrationlawyermn.com/
http://www.cundyandmartin.com/
(952) 746-4111
Immigration Lawyers of Minnesota
Friday, October 23, 2009
Duluth, Minnesota, Immigration Lawyers and Attorneys
Duluth, Minnesota, Immigration Lawyers and Attorneys
www.DuluthImmigrationLawyer.com
www.ImmigrationLawyerMN.com
www.cundyandmartin.com
The city of Duluth is located in northeast Minnesota and is home to both historic roots of the north, as well as, a diverse population of native northerners and foreign born immigrants. Duluth is the hub of the Minnesota northland for such cities as Cloquet, Hermantown, Proctor, Two Harbors, Hibbing, and Superior, Wisconsin.
Total population is approximately 85,000. According to U.S. census data:
12.5% of the population is foreign born
19.5% speak another language, other than English, within the home
15% of the population is non-white or non-black, i.e., they are Hispanic, Asian, etc.
The central U.S. Immigration office and Immigration Court that serves Duluth and Minnesota, generally, is located in Bloomington, MN. This means that even though you may live in Duluth, if you are seeking a work visa, family sponsorship, green card, K-1 fiance visa or facing deportation, you will need an immigration attorney who is familiar with U.S. Citizenship and Immigration Services – USCIS, U.S. Immigration and Customs Enforcement – ICE, and the Immigration Court in Bloomington. Cundy and Martin, LLC, is located in Bloomington, MN, and serves clients out of Duluth while its main office is located in Bloomington, near USCIS, ICE, and the Federal Immigration Court, to address the immigration needs and concerns of its diverse clientele.
Call or email our office if you need immigration assistance and Vincent Martin will gladly help you. Mr. Martin is a Partner at Cundy & Martin, LLC, and heads the Immigration Practice Group. Vincent represents employers, business personnel, investors, families seeking to sponsor other family members, students, asylees, and those facing deportation with all areas of immigration law. Vincent has helped countless clients with work visas, family visas, and deportation defense.
Call (952) 746-4111
vmartin@cundyandmartin.com
www.DuluthImmigrationLawyer.com
www.DuluthImmigrationLawyer.com
www.ImmigrationLawyerMN.com
www.cundyandmartin.com
The city of Duluth is located in northeast Minnesota and is home to both historic roots of the north, as well as, a diverse population of native northerners and foreign born immigrants. Duluth is the hub of the Minnesota northland for such cities as Cloquet, Hermantown, Proctor, Two Harbors, Hibbing, and Superior, Wisconsin.
Total population is approximately 85,000. According to U.S. census data:
12.5% of the population is foreign born
19.5% speak another language, other than English, within the home
15% of the population is non-white or non-black, i.e., they are Hispanic, Asian, etc.
The central U.S. Immigration office and Immigration Court that serves Duluth and Minnesota, generally, is located in Bloomington, MN. This means that even though you may live in Duluth, if you are seeking a work visa, family sponsorship, green card, K-1 fiance visa or facing deportation, you will need an immigration attorney who is familiar with U.S. Citizenship and Immigration Services – USCIS, U.S. Immigration and Customs Enforcement – ICE, and the Immigration Court in Bloomington. Cundy and Martin, LLC, is located in Bloomington, MN, and serves clients out of Duluth while its main office is located in Bloomington, near USCIS, ICE, and the Federal Immigration Court, to address the immigration needs and concerns of its diverse clientele.
Call or email our office if you need immigration assistance and Vincent Martin will gladly help you. Mr. Martin is a Partner at Cundy & Martin, LLC, and heads the Immigration Practice Group. Vincent represents employers, business personnel, investors, families seeking to sponsor other family members, students, asylees, and those facing deportation with all areas of immigration law. Vincent has helped countless clients with work visas, family visas, and deportation defense.
Call (952) 746-4111
vmartin@cundyandmartin.com
www.DuluthImmigrationLawyer.com
Friday, October 9, 2009
ICE and USCIS Worksite Visits H-1B Employers
The Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS) and U.S. Immigration and Customs Enforcement (ICE), is targeting both employers with laborers and professional workers. ICE has undertaken an aggressive position toward investigating potential immigration violations at worksites. Employers and immigration attorneys nationwide are reporting surprise visits by ICE at worksites. However, unlike the visits of the past where ICE typically only raided undocumented workers at jobs such as meat processing plants, apparel factories, and the like, DHS is now visiting employers who employ professional workers under the H-1B program. The H-1B program generally grants work visas to those filling jobs that require a bachelor’s degree or higher. Such workers can include accountants, engineers, computer programmers, etc.
It appears that many of the H-1B visits by DHS are not triggered by anything in particular as small and large employers have been visited. In fact, very reputable companies with established histories of complying with the immigration law are being visited. This has caused some to question the efficiency and effectiveness of such visits at taxpayer expense. As employers become fearful of DHS investigations, I think it may a chilling effect on whether employers will select the best qualified candidates for jobs or the candidate that will result in the least scrutiny by our immigration service. This would not be good for business nor the public. If an employer has followed the rules, it should not have to expend time and resources, nor deal with the disruption, that surprise visits by DHS causes at the workplace. The legality of such warrantless “visits” has yet to be challenged in the courts, but it will only be a matter of time before an employer raises such issues.
There is a place for worksite enforcement by immigration officials, but there is also a need for a reasoned strategy.
www.ImmigrationLawyerMN.com
It appears that many of the H-1B visits by DHS are not triggered by anything in particular as small and large employers have been visited. In fact, very reputable companies with established histories of complying with the immigration law are being visited. This has caused some to question the efficiency and effectiveness of such visits at taxpayer expense. As employers become fearful of DHS investigations, I think it may a chilling effect on whether employers will select the best qualified candidates for jobs or the candidate that will result in the least scrutiny by our immigration service. This would not be good for business nor the public. If an employer has followed the rules, it should not have to expend time and resources, nor deal with the disruption, that surprise visits by DHS causes at the workplace. The legality of such warrantless “visits” has yet to be challenged in the courts, but it will only be a matter of time before an employer raises such issues.
There is a place for worksite enforcement by immigration officials, but there is also a need for a reasoned strategy.
www.ImmigrationLawyerMN.com
Thursday, August 13, 2009
Obama Immigration Law Reform
Obama Immigration Law Reform
President Barack Obama recently announced that he expects to have a new immigration law proposal in Congress by the end of the year, but that there will not be a new immigration law in effect until next year. He stated that there needs to be "a pathway to citizenship" for millions of illegal immigrants in the United States, and that the system must be reworked to avoid tensions with Mexico. Without it, he said, Mexicans will keep crossing the border in dangerous ways and employers will continue exploiting workers. "We can create a system in which you have . . . an orderly process for people to come in, but we're also giving an opportunity for those who are already in the United States to be able to achieve a pathway to citizenship so that they don't have to live in the shadows,"
This gives hope to many immigrants in the U.S., legal or illegal, documented or undocumented, as a new immigration law could effect not only the millions of illegal aliens or undocumented workers in the U.S., but also their families. Many family members of undocumented immigrants are lawful U.S. citizens, especially their U.S. born children. Even though an illegal alien may have a U.S. citizen immediate family member, the U.S. immigration law does not provide a clear path to legalization.
Under the current law, most illegal or undocumented immigrants must return to their home country before they can become legal in the United States. The problem that this creates is that once the person departs the U.S. to comply with the law, another section of the law bars them from returning for 10 years or more. Unfortunatley, many immigrants, in attempting to comply with our laws, leave the U.S. with the hope of returning through family sponsorship, only to learn at their visa interview at the U.S. consulate, that they are barred for ten years because of their previous unlawful presence in the U.S.
With hope that there will be immigration reform within the next two years that will provide “a pathway to citizenship,” many immigration lawyers are reporting that many immigrants are choosing to remain in the U.S., albeit illegally, rather than return to their home country and risk being barred for 10 years.
www.ImmigrationLawyerMN.com
President Barack Obama recently announced that he expects to have a new immigration law proposal in Congress by the end of the year, but that there will not be a new immigration law in effect until next year. He stated that there needs to be "a pathway to citizenship" for millions of illegal immigrants in the United States, and that the system must be reworked to avoid tensions with Mexico. Without it, he said, Mexicans will keep crossing the border in dangerous ways and employers will continue exploiting workers. "We can create a system in which you have . . . an orderly process for people to come in, but we're also giving an opportunity for those who are already in the United States to be able to achieve a pathway to citizenship so that they don't have to live in the shadows,"
This gives hope to many immigrants in the U.S., legal or illegal, documented or undocumented, as a new immigration law could effect not only the millions of illegal aliens or undocumented workers in the U.S., but also their families. Many family members of undocumented immigrants are lawful U.S. citizens, especially their U.S. born children. Even though an illegal alien may have a U.S. citizen immediate family member, the U.S. immigration law does not provide a clear path to legalization.
Under the current law, most illegal or undocumented immigrants must return to their home country before they can become legal in the United States. The problem that this creates is that once the person departs the U.S. to comply with the law, another section of the law bars them from returning for 10 years or more. Unfortunatley, many immigrants, in attempting to comply with our laws, leave the U.S. with the hope of returning through family sponsorship, only to learn at their visa interview at the U.S. consulate, that they are barred for ten years because of their previous unlawful presence in the U.S.
With hope that there will be immigration reform within the next two years that will provide “a pathway to citizenship,” many immigration lawyers are reporting that many immigrants are choosing to remain in the U.S., albeit illegally, rather than return to their home country and risk being barred for 10 years.
www.ImmigrationLawyerMN.com
Monday, July 27, 2009
TPS for Somalia
www.cundyandmartin.com
18-Month Extension of Temporary Protected Status for Somalia.
U.S. Citizenship and Immigration Services (USCIS) today announced that the Department of Homeland Security (DHS) will extend Temporary Protected Status (TPS) for nationals of Somalia from its current expiration date of Sept. 17, 2009 through March 17, 2011.
18-Month Extension of Temporary Protected Status for Somalia.
U.S. Citizenship and Immigration Services (USCIS) today announced that the Department of Homeland Security (DHS) will extend Temporary Protected Status (TPS) for nationals of Somalia from its current expiration date of Sept. 17, 2009 through March 17, 2011.
Thursday, July 23, 2009
Reopen In Absentia after Departure Deportation
The Board of Immigration Appeals - BIA, has held that an alien’s departure from the United States while under an outstanding order of deportation or removal issued in absentia does not deprive the Immigration Judge of jurisdiction to entertain a motion to reopen to rescind the order if the motion is premised upon lack ofnotice.
See: Matter of Olivia BULNES-Nolasco, RespondentFile A074 374 363 - Hartford, ConnecticutDecided July 23, 2009, http://www.usdoj.gov/eoir/vll/intdec/vol25/3651.pdf
www.cundyandmartin.com
See: Matter of Olivia BULNES-Nolasco, RespondentFile A074 374 363 - Hartford, ConnecticutDecided July 23, 2009, http://www.usdoj.gov/eoir/vll/intdec/vol25/3651.pdf
www.cundyandmartin.com
Thursday, July 9, 2009
Am I a Citizen of the United States?
Am I a Citizen of the United States?
By Immigration Lawyer Minnesota Vincent Martin
Many people are citizens of America by birth or through some other part of the immigration law and don’t even know it. If you are a citizen by law, you do not need to take the citizenship and naturalization test through the INS or U.S. Citizenship and Immigration Services. Even if you have no documentation or consider yourself an “illegal alien” for example, no green card, no visa, no immigration paperwork, if you are citizen by law, your lack of documentation does not change the fact that you are a citizen – you just need proof of it.
Keep in mind that this article does not address amnesty or other types of laws that grant people immigration status. This article talks about the possibility that you may be a citizen by virtue of your parents’ or grandparents’ U.S. citizenship, or your place of birth.
The laws that determine whether you are a citizen automatically under the law have changed over the years. Under most circumstances, if you were born in the United States, you are a U.S. citizen. But in some instances, even if you were not born in the U.S., you may still be a citizen.
If you were born outside of America, the law typically looks to the law that was in effect at the time of your birth, your parent’s birth, your grandparent’s birth, etc. In some instances, merely being the child of a U.S. citizen makes you a citizen no matter where you were born, but in other instances the law requires that your American parent have resided in the United States for a period of time before citizenship can be automatically bestowed on you. Another factor to consider is whether your parents were married at the time you were born. The immigration law regarding children born out of wedlock can determine whether you received citizenship automatically or not.
If you were not a citizen at birth, you may have acquired citizenship through your mother or father when he or she became a citizen or naturalized. This typically requires that your parent naturalize before your 18th birthday. For example, if you have a green card and you are under 18 at the time that you parent becomes a U.S. citizen, you may have received citizenship automatically along with your parent, even though you don’t have documentation of it. In this case, you would not need to take the citizenship test, you would simply apply for a certificate of citizenship. The Child Citizenship Act of 2000 (CCA) would be the applicable law.
If you think that you may already be a citizen by law, you should contact an immigration attorney to get a legal opinion about your case. If you simply show up at the border, airport or other immigration office and merely try to claim citizenship without proper proof, the immigration service will send your case to the immigration judge and essentially place you into deportation. You will then have to prove your claim to the judge. With proper planning, if you have a legitimate claim to citizenship, you may be able to avoid the deportation process by receiving a certificate of citizenship or U.S. passport.
Vincent Martin is an immigration lawyer at Cundy and Martin, LLC, in Bloomington, MN. As an immigration attorney, his practice is devoted exclusively to immigration law. Vincent may be reached at 952-746-4111 or www.cundyandmartin.com .
By Immigration Lawyer Minnesota Vincent Martin
Many people are citizens of America by birth or through some other part of the immigration law and don’t even know it. If you are a citizen by law, you do not need to take the citizenship and naturalization test through the INS or U.S. Citizenship and Immigration Services. Even if you have no documentation or consider yourself an “illegal alien” for example, no green card, no visa, no immigration paperwork, if you are citizen by law, your lack of documentation does not change the fact that you are a citizen – you just need proof of it.
Keep in mind that this article does not address amnesty or other types of laws that grant people immigration status. This article talks about the possibility that you may be a citizen by virtue of your parents’ or grandparents’ U.S. citizenship, or your place of birth.
The laws that determine whether you are a citizen automatically under the law have changed over the years. Under most circumstances, if you were born in the United States, you are a U.S. citizen. But in some instances, even if you were not born in the U.S., you may still be a citizen.
If you were born outside of America, the law typically looks to the law that was in effect at the time of your birth, your parent’s birth, your grandparent’s birth, etc. In some instances, merely being the child of a U.S. citizen makes you a citizen no matter where you were born, but in other instances the law requires that your American parent have resided in the United States for a period of time before citizenship can be automatically bestowed on you. Another factor to consider is whether your parents were married at the time you were born. The immigration law regarding children born out of wedlock can determine whether you received citizenship automatically or not.
If you were not a citizen at birth, you may have acquired citizenship through your mother or father when he or she became a citizen or naturalized. This typically requires that your parent naturalize before your 18th birthday. For example, if you have a green card and you are under 18 at the time that you parent becomes a U.S. citizen, you may have received citizenship automatically along with your parent, even though you don’t have documentation of it. In this case, you would not need to take the citizenship test, you would simply apply for a certificate of citizenship. The Child Citizenship Act of 2000 (CCA) would be the applicable law.
If you think that you may already be a citizen by law, you should contact an immigration attorney to get a legal opinion about your case. If you simply show up at the border, airport or other immigration office and merely try to claim citizenship without proper proof, the immigration service will send your case to the immigration judge and essentially place you into deportation. You will then have to prove your claim to the judge. With proper planning, if you have a legitimate claim to citizenship, you may be able to avoid the deportation process by receiving a certificate of citizenship or U.S. passport.
Vincent Martin is an immigration lawyer at Cundy and Martin, LLC, in Bloomington, MN. As an immigration attorney, his practice is devoted exclusively to immigration law. Vincent may be reached at 952-746-4111 or www.cundyandmartin.com .
Tuesday, July 7, 2009
Possession of Child Pornography and Immigration
By Minneapolis Immigration Lawyer
Child pornography is a crime involving moral turpitude for which U.S. Immigration and Customs Enforcement - ICE - can revoke an immigrant's U.S. citizenship. This is according to a recent decision by the Ninth Circuit Court of Appeals. You can find the case at:
http://www.ca9.uscourts.gov/datastore/opinions/2009/04/20/0755470.pdf
www.cundyandmartin.com
Child pornography is a crime involving moral turpitude for which U.S. Immigration and Customs Enforcement - ICE - can revoke an immigrant's U.S. citizenship. This is according to a recent decision by the Ninth Circuit Court of Appeals. You can find the case at:
http://www.ca9.uscourts.gov/datastore/opinions/2009/04/20/0755470.pdf
www.cundyandmartin.com
Thursday, June 11, 2009
Monday, June 8, 2009
My Immigration Lawyer Made a Mistake
When your lawyer makes a mistake, this is commonly called Ineffective Assistance of Counsel. Immigration courts have typically recognized mistakes made by lawyers as justification to reopen a case or otherwise let the immigrant try to fix his or her case. Below is a release from the Attorney General addressing the current state of this issue.
Attorney General Vacates Compean Order, Initiates New Rulemaking to Govern Immigration Removal Proceedings
Attorney General Eric Holder today vacated the order issued in Matter of Compean by Attorney General Mukasey in January and announced his intention to initiate a new rulemaking proceeding for regulations to govern claims of ineffective assistance of counsel in removal proceedings.
"The integrity of immigration proceedings depends in part on the ability to assert claims of ineffective assistance of counsel, and the Department of Justice’s rulemaking in this area will be fair, it will be transparent, and it will be guided by our commitment to the rule of law," Holder said. "It is important that the
American people have the opportunity to participate in formulating our procedures in this area, and this new process will ensure they do."
On January 7, Attorney General Mukasey issued an order in Matter of Compean overturning Board of Immigration Appeals precedent and procedures governing assistance of counsel in removal proceedings. The order limited non-citizens’ ability to make claims of ineffective assistance of counsel in immigration
proceedings, and it did so without the full range of public input that a notice and comment rulemaking would have provided.
In the order issued today, Attorney General Holder directs the Executive Office for Immigration Review to initiate rulemaking procedures as soon as practicable to evaluate the existing framework for making claims of ineffective assistance of counsel, to solicit public comment, and, if appropriate, to issue a final rule.
By vacating the previous order, Attorney General Holder restores the procedures governing removal proceedings to those in place before the issuance of Attorney General Mukasey’s order.
www.cundyandmartin.com
Attorney General Vacates Compean Order, Initiates New Rulemaking to Govern Immigration Removal Proceedings
Attorney General Eric Holder today vacated the order issued in Matter of Compean by Attorney General Mukasey in January and announced his intention to initiate a new rulemaking proceeding for regulations to govern claims of ineffective assistance of counsel in removal proceedings.
"The integrity of immigration proceedings depends in part on the ability to assert claims of ineffective assistance of counsel, and the Department of Justice’s rulemaking in this area will be fair, it will be transparent, and it will be guided by our commitment to the rule of law," Holder said. "It is important that the
American people have the opportunity to participate in formulating our procedures in this area, and this new process will ensure they do."
On January 7, Attorney General Mukasey issued an order in Matter of Compean overturning Board of Immigration Appeals precedent and procedures governing assistance of counsel in removal proceedings. The order limited non-citizens’ ability to make claims of ineffective assistance of counsel in immigration
proceedings, and it did so without the full range of public input that a notice and comment rulemaking would have provided.
In the order issued today, Attorney General Holder directs the Executive Office for Immigration Review to initiate rulemaking procedures as soon as practicable to evaluate the existing framework for making claims of ineffective assistance of counsel, to solicit public comment, and, if appropriate, to issue a final rule.
By vacating the previous order, Attorney General Holder restores the procedures governing removal proceedings to those in place before the issuance of Attorney General Mukasey’s order.
www.cundyandmartin.com
Tuesday, May 5, 2009
H1B Visas Still Available
According to the most recent count by USCIS, there are still thousands of H-1B visas available. Since qualified candidates can have their petitions filed relatively quickly, there is still time to apply for H-1b visa.
www.cundyandmartin.com
www.cundyandmartin.com
Thursday, April 9, 2009
President Obama and Immigration
The New York Times is reporting that President Obama plans to begin addressing the country’s immigration system this year, including looking for a path for illegal immigrants to become legal. Click here for the rest of the story:
http://www.nytimes.com/2009/04/09/us/politics/09immig.html?_r=2
www.cundyandmartin.com
http://www.nytimes.com/2009/04/09/us/politics/09immig.html?_r=2
www.cundyandmartin.com
Tuesday, April 7, 2009
TN Visa
TN status is available under NAFTA for professional workers from Canada and Mexico if they are filling one of the following positions and have the necessary qualifications for the position. TN status may now be granted for up to three years.
Accountant Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A. or C.M.A.
Architect Baccalaureate or Licenciatura Degree; or state/provincial license
Computer Systems Analyst Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience
Disaster Relief Insurance Claims Adjuster (claims Adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster) Baccalaureate or Licenciatura Degree, and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims.
Economist Baccalaureate or Licenciatura Degree
Engineer Baccalaureate or Licenciatura Degree; or state/provincial license
Forester Baccalaureate or Licenciatura Degree; or state/provincial license
Graphic Designer Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience
Hotel Manager Baccalaureate or Licenciatura Degree in hotel/restaurant management; or PostSecondary Diploma or PostSecondary Certificate in hotel/restaurant management, and three years experience in hotel/restaurant management
Industrial Designer Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience
Interior Designer Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience
Land Surveyor Baccalaureate or Licenciatura Degree; or state/provincial/federal license
Landscape Architect Baccalaureate or Licenciatura Degree
Lawyer (including Notary in the Province of Quebec) LL.B., J.D., LL.L., B.C.L. or Licenciatura Degree (five years); or membership in a state/provincial bar
Librarian M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite)
Management Consultant Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement
Mathematician (including Statistician) Baccalaureate or Licenciatura Degree
Range Manager/Range Conservationalist Baccalaureate or Licenciatura Degree
Research Assistant (working in a post-secondary educational institution) Baccalaureate or Licenciatura Degree
Scientific Technician/Technologist Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research
Social Worker Baccalaureate or Licenciatura Degree
Sylviculturist (including Forestry Specialist) Baccalaureate or Licenciatura Degree
Technical Publications Writer Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience
Urban Planner (including Geographer) Baccalaureate or Licenciatura Degree
Vocational Counsellor Baccalaureate or Licenciatura Degree
Medical/Allied Professional
Dentist D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental; or state/provincial license
Dietitian Baccalaureate or Licenciatura Degree; or state/provincial license
Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States) Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
Nutritionist Baccalaureate or Licenciatura Degree
Occupational Therapist Baccalaureate or Licenciatura Degree; or state/provincial license
Pharmacist Baccalaureate or Licenciatura Degree; or state/provincial license
Physician (teaching or research only) M.D. or Doctor en Medicina; or state/provincial license
Physiotherapist/Physical Therapist Baccalaureate or Licenciatura Degree; or state/provincial license
Psychologist State/provincial license; or Licenciatura Degree
Recreational Therapist Baccalaureate or Licenciatura Degree
Registered Nurse State/provincial license; or Licenciatura Degree
Veterinarian D.V.M., D.M.V. or Doctor en Veterinaria; or state/provincial license
Scientist
Agriculturist (including Agronomist) Baccalaureate or Licenciatura Degree
Animal Breeder Baccalaureate or Licenciatura Degree
Animal Scientist Baccalaureate or Licenciatura Degree
Apiculturist Baccalaureate or Licenciatura Degree
Astronomer Baccalaureate or Licenciatura Degree
Biochemist Baccalaureate or Licenciatura Degree
Biologist Baccalaureate or Licenciatura Degree
Chemist Baccalaureate or Licenciatura Degree
Dairy Scientist Baccalaureate or Licenciatura Degree
Entomologist Baccalaureate or Licenciatura Degree
Epidemiologist Baccalaureate or Licenciatura Degree
Geneticist Baccalaureate or Licenciatura Degree
Geologist Baccalaureate or Licenciatura Degree
Geochemist Baccalaureate or Licenciatura Degree
Geophysicist (including Oceanographer in Mexico and the United States) Baccalaureate or Licenciatura Degree
Horticulturist Baccalaureate or Licenciatura Degree
Meteorologist Baccalaureate or Licenciatura Degree
Pharmacologist Baccalaureate or Licenciatura Degree
Physicist (including Oceanographer in Canada) Baccalaureate or Licenciatura Degree
Plant Breeder Baccalaureate or Licenciatura Degree
Poultry Scientist Baccalaureate or Licenciatura Degree
Soil Scientist Baccalaureate or Licenciatura Degree
Zoologist Baccalaureate or Licenciatura Degree
Teacher
College Baccalaureate or Licenciatura Degree
Seminary Baccalaureate or Licenciatura Degree
University Baccalaureate or Licenciatura Degree
Accountant Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A. or C.M.A.
Architect Baccalaureate or Licenciatura Degree; or state/provincial license
Computer Systems Analyst Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience
Disaster Relief Insurance Claims Adjuster (claims Adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster) Baccalaureate or Licenciatura Degree, and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims.
Economist Baccalaureate or Licenciatura Degree
Engineer Baccalaureate or Licenciatura Degree; or state/provincial license
Forester Baccalaureate or Licenciatura Degree; or state/provincial license
Graphic Designer Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience
Hotel Manager Baccalaureate or Licenciatura Degree in hotel/restaurant management; or PostSecondary Diploma or PostSecondary Certificate in hotel/restaurant management, and three years experience in hotel/restaurant management
Industrial Designer Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience
Interior Designer Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience
Land Surveyor Baccalaureate or Licenciatura Degree; or state/provincial/federal license
Landscape Architect Baccalaureate or Licenciatura Degree
Lawyer (including Notary in the Province of Quebec) LL.B., J.D., LL.L., B.C.L. or Licenciatura Degree (five years); or membership in a state/provincial bar
Librarian M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite)
Management Consultant Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement
Mathematician (including Statistician) Baccalaureate or Licenciatura Degree
Range Manager/Range Conservationalist Baccalaureate or Licenciatura Degree
Research Assistant (working in a post-secondary educational institution) Baccalaureate or Licenciatura Degree
Scientific Technician/Technologist Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research
Social Worker Baccalaureate or Licenciatura Degree
Sylviculturist (including Forestry Specialist) Baccalaureate or Licenciatura Degree
Technical Publications Writer Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience
Urban Planner (including Geographer) Baccalaureate or Licenciatura Degree
Vocational Counsellor Baccalaureate or Licenciatura Degree
Medical/Allied Professional
Dentist D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental; or state/provincial license
Dietitian Baccalaureate or Licenciatura Degree; or state/provincial license
Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States) Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
Nutritionist Baccalaureate or Licenciatura Degree
Occupational Therapist Baccalaureate or Licenciatura Degree; or state/provincial license
Pharmacist Baccalaureate or Licenciatura Degree; or state/provincial license
Physician (teaching or research only) M.D. or Doctor en Medicina; or state/provincial license
Physiotherapist/Physical Therapist Baccalaureate or Licenciatura Degree; or state/provincial license
Psychologist State/provincial license; or Licenciatura Degree
Recreational Therapist Baccalaureate or Licenciatura Degree
Registered Nurse State/provincial license; or Licenciatura Degree
Veterinarian D.V.M., D.M.V. or Doctor en Veterinaria; or state/provincial license
Scientist
Agriculturist (including Agronomist) Baccalaureate or Licenciatura Degree
Animal Breeder Baccalaureate or Licenciatura Degree
Animal Scientist Baccalaureate or Licenciatura Degree
Apiculturist Baccalaureate or Licenciatura Degree
Astronomer Baccalaureate or Licenciatura Degree
Biochemist Baccalaureate or Licenciatura Degree
Biologist Baccalaureate or Licenciatura Degree
Chemist Baccalaureate or Licenciatura Degree
Dairy Scientist Baccalaureate or Licenciatura Degree
Entomologist Baccalaureate or Licenciatura Degree
Epidemiologist Baccalaureate or Licenciatura Degree
Geneticist Baccalaureate or Licenciatura Degree
Geologist Baccalaureate or Licenciatura Degree
Geochemist Baccalaureate or Licenciatura Degree
Geophysicist (including Oceanographer in Mexico and the United States) Baccalaureate or Licenciatura Degree
Horticulturist Baccalaureate or Licenciatura Degree
Meteorologist Baccalaureate or Licenciatura Degree
Pharmacologist Baccalaureate or Licenciatura Degree
Physicist (including Oceanographer in Canada) Baccalaureate or Licenciatura Degree
Plant Breeder Baccalaureate or Licenciatura Degree
Poultry Scientist Baccalaureate or Licenciatura Degree
Soil Scientist Baccalaureate or Licenciatura Degree
Zoologist Baccalaureate or Licenciatura Degree
Teacher
College Baccalaureate or Licenciatura Degree
Seminary Baccalaureate or Licenciatura Degree
University Baccalaureate or Licenciatura Degree
Tuesday, March 31, 2009
No Immigration Reform by Obama Administration Expected Anytime Soon
Ever since Barack Obama became a viable candidate for the presidency, immigrant communities and activists have had increased hope for immigration reform that would help millions of undocumented immigrants remain in the United States.
But according to a story reported by Reuters, Vice President Joe Biden recently told Costa Rican leaders in a press conference that, essentially, immigration reform is not an urgent matter at this time. This, despite what was said during President Obama's election campaign that he supported comprehensive immigration reform.
This may be the first definitive statement on the matter to come out of the Obama administration. Until now, many were still holding out hope for immigration reform in the near future, despite the economic concerns of the country.
For the whole story, see http://www.reuters.com/article/politicsNews/idUSTRE52T7SE20090330
But according to a story reported by Reuters, Vice President Joe Biden recently told Costa Rican leaders in a press conference that, essentially, immigration reform is not an urgent matter at this time. This, despite what was said during President Obama's election campaign that he supported comprehensive immigration reform.
This may be the first definitive statement on the matter to come out of the Obama administration. Until now, many were still holding out hope for immigration reform in the near future, despite the economic concerns of the country.
For the whole story, see http://www.reuters.com/article/politicsNews/idUSTRE52T7SE20090330
Monday, March 30, 2009
DREAM Immigration Law
DREAM Act re-introduced in Congress.
To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine State residency for higher education purposes and to authorize the cancellation of removal and adjustment of status of certain alien students who are long-term United States residents and who entered the United States as children, and for other purposes.
www.cundyandmartin.com
To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine State residency for higher education purposes and to authorize the cancellation of removal and adjustment of status of certain alien students who are long-term United States residents and who entered the United States as children, and for other purposes.
www.cundyandmartin.com
Friday, March 13, 2009
Liberian immigrants in Minnesota
www.cundyandmartin.com
Immigration Lawyers of Minnesota
The article linked below discusses Liberians in Minnesota facing deportation to Liberia. The article focuses on the immigration law that permitted Liberians to come to the United States but is now ending. The article also discusses possible citizenship for Liberians.
Immigration Article
Immigration Lawyers of Minnesota
The article linked below discusses Liberians in Minnesota facing deportation to Liberia. The article focuses on the immigration law that permitted Liberians to come to the United States but is now ending. The article also discusses possible citizenship for Liberians.
Immigration Article
Friday, March 6, 2009
Monday, March 2, 2009
Tuesday, February 10, 2009
Liberians Minnesota Deportation
Liberians in Minnesota and elsewhere are facing deportation. See the story at:
http://www.cnn.com/2009/US/02/09/liberians.deportation/
www.cundyandmartin.com
Minnesota Immigration Lawyers
http://www.cnn.com/2009/US/02/09/liberians.deportation/
www.cundyandmartin.com
Minnesota Immigration Lawyers
Saturday, January 24, 2009
H-1B Cap Gap and OPT Extension
H-1B Cap Gap and OPT Extension
What is the Cap-Gap?
If you are reading this article on the “Cap-Gap” rule, then you most likely are familiar with terms such as H1B, F-1, and OPT. If you are not familiar with these terms, explanations can be found elsewhere on this site.
The “cap gap” generally refers to the period of time between when your optional practical training (OPT) ends and your H-1B takes effect. In the past, it was quite common for your OPT to expire more than 60 days before October 1st, the date that the H1B takes effect, and therefore left you with unlawful presence during that period. The “cap” on the limited number of H-1B visa numbers issued each year created a “gap” in the prospective employee’s status; thus we have the term Cap-Gap. The new cap-gap regulations fix this.
How does the new Cap Gap regulation help?
This cap-gap extension automatically becomes effective when the H-1B cap has been reached and the student has an H-1B petition filed on his/her behalf during the acceptance period. This rule does not apply to all F-1 students, only those with F-1 OPT status and work authorization incident to status while an H-1B application is filed and pending. For example, if a student’s OPT expires on 6/15/09 (and his or her EAD card expires accordingly), and if the student has a valid H-1B application that has been accepted and is pending with USCS, his or her status and work authorization is automatically extended until USCIS makes a decision on the H1B.
What happens to the cap-gap if USCIS denies the H-1B?
If the H-1B application is rejected or denied on the merits, the status and work authorization would end on the date of rejection and/or denial. If approved however, the student’s OPT status and work authorization is valid until the beginning of the next FY, which always begins on October 1 of each year.
Extended OPT for students in the high-tech industry
F-1 academic students who receive science, technology, engineering, and mathematics (STEM) degrees and who receive an initial grant of post-completion OPT, may apply for a 17-month extension for a maximum of 29 months of post-completion OPT.
What are the eligible STEM degrees?
To be eligible for the 17-month OPT extension, a student must have received a degree in one of the following fields: Computer Science Applications, Life Sciences, Actuarial Science, Mathematics, Engineering, Military Technologies, Engineering Technologies, Physical Sciences, Biological and Biomedical Sciences, and possibly others.
Minnesota Immigration Lawyers
www.cundyandmartin.com
What is the Cap-Gap?
If you are reading this article on the “Cap-Gap” rule, then you most likely are familiar with terms such as H1B, F-1, and OPT. If you are not familiar with these terms, explanations can be found elsewhere on this site.
The “cap gap” generally refers to the period of time between when your optional practical training (OPT) ends and your H-1B takes effect. In the past, it was quite common for your OPT to expire more than 60 days before October 1st, the date that the H1B takes effect, and therefore left you with unlawful presence during that period. The “cap” on the limited number of H-1B visa numbers issued each year created a “gap” in the prospective employee’s status; thus we have the term Cap-Gap. The new cap-gap regulations fix this.
How does the new Cap Gap regulation help?
This cap-gap extension automatically becomes effective when the H-1B cap has been reached and the student has an H-1B petition filed on his/her behalf during the acceptance period. This rule does not apply to all F-1 students, only those with F-1 OPT status and work authorization incident to status while an H-1B application is filed and pending. For example, if a student’s OPT expires on 6/15/09 (and his or her EAD card expires accordingly), and if the student has a valid H-1B application that has been accepted and is pending with USCS, his or her status and work authorization is automatically extended until USCIS makes a decision on the H1B.
What happens to the cap-gap if USCIS denies the H-1B?
If the H-1B application is rejected or denied on the merits, the status and work authorization would end on the date of rejection and/or denial. If approved however, the student’s OPT status and work authorization is valid until the beginning of the next FY, which always begins on October 1 of each year.
Extended OPT for students in the high-tech industry
F-1 academic students who receive science, technology, engineering, and mathematics (STEM) degrees and who receive an initial grant of post-completion OPT, may apply for a 17-month extension for a maximum of 29 months of post-completion OPT.
What are the eligible STEM degrees?
To be eligible for the 17-month OPT extension, a student must have received a degree in one of the following fields: Computer Science Applications, Life Sciences, Actuarial Science, Mathematics, Engineering, Military Technologies, Engineering Technologies, Physical Sciences, Biological and Biomedical Sciences, and possibly others.
Minnesota Immigration Lawyers
www.cundyandmartin.com
Wednesday, January 21, 2009
H-1B Employer Must Pay Back Wages
In a recent case from the U.S. Department of Labor, an employer that terminated an H-1B worker was ordered to pay back wages in the amount of $39,666.47, plus interest.
More importantly, the DOL held that termination of the H-1B employee did not become effective until the employer properly notified the immigration service about the termination. The judge held that even though the employee had not worked for the employer for several months, the employer must pay back wages because it failed to notify the immigration service in a timely manner.
This decision may have serious consequences in the H-1B world. Currently, many employers do not inform USCIS that the H1B worker has left the company as a favor to the employee so that the employee can try to find another employer willing to transfer the visa. As employers learn of this recent decision, I suspect that most will no longer be willing to hold off on informing USCIS and risk severe penalties.
For more information on H-1B visas, see http://www.cundyandmartin.com/practice-areas/immigration-law/h-1b.html
http://www.cundyandmartin.com/
http://www.oalj.dol.gov/PUBLIC/ARB/DECISIONS/ARB_DECISIONS/LCA/07_008.LCAP.HTM
More importantly, the DOL held that termination of the H-1B employee did not become effective until the employer properly notified the immigration service about the termination. The judge held that even though the employee had not worked for the employer for several months, the employer must pay back wages because it failed to notify the immigration service in a timely manner.
This decision may have serious consequences in the H-1B world. Currently, many employers do not inform USCIS that the H1B worker has left the company as a favor to the employee so that the employee can try to find another employer willing to transfer the visa. As employers learn of this recent decision, I suspect that most will no longer be willing to hold off on informing USCIS and risk severe penalties.
For more information on H-1B visas, see http://www.cundyandmartin.com/practice-areas/immigration-law/h-1b.html
http://www.cundyandmartin.com/
http://www.oalj.dol.gov/PUBLIC/ARB/DECISIONS/ARB_DECISIONS/LCA/07_008.LCAP.HTM
H1B Start Now
USCIS, the immigration service that processes work visa applications, will begin accepting H-1B petitions on April 1. This will be for employment to begin on October 1. As in past years, it is expected that all 65,000 H1B visa numbers will be taken in the first day or two.
The H1B is not a green card. It is a temporary work visa, typically valid for three years. The H-1B allows people to work in the U.S. if they are filling jobs that require at least a bachelor's degree or higher.
If you are considering the H-1B, now is the time to start getting things in order for filing on April 1. What is the H-1B, see http://www.cundyandmartin.com/practice-areas/immigration-law/h-1b.html .
Minnesota Immigration Lawyer
The H1B is not a green card. It is a temporary work visa, typically valid for three years. The H-1B allows people to work in the U.S. if they are filling jobs that require at least a bachelor's degree or higher.
If you are considering the H-1B, now is the time to start getting things in order for filing on April 1. What is the H-1B, see http://www.cundyandmartin.com/practice-areas/immigration-law/h-1b.html .
Minnesota Immigration Lawyer
Thursday, January 8, 2009
H-2B Cap Reached, Posted by Minneapolis Immigration Lawyers
USCIS Reaches H-2B Cap for Second Half of Fiscal Year 2009
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the second half of Fiscal Year 2009 (FY2009). USCIS is hereby notifying the public that Jan. 7, 2009 was the “final receipt date” for new H-2B worker petitions requesting employment start dates prior to October 1, 2009. The “final receipt date” is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the second half of FY2009.
USCIS will reject petitions for new H-2B workers seeking employment start dates prior to October 1, 2009 that arrive after Jan. 7, 2009.
If deemed necessary, USCIS may apply a computer-generated random selection process to all petitions that are subject to the cap and received on Jan. 7, 2009 in order to select the number of petitions needed to meet the cap. USCIS will reject, and return the fee, for all cap-subject petitions not randomly selected.
Petitions for workers who are currently in H-2B status do not count towards the congressionally mandated bi-annual H-2B cap. USCIS will continue to process petitions filed to:
Extend the stay of a current H-2B worker in the United States;
Change the terms of employment for current H-2B workers and extend their stay; or
Allow current H-2B workers to change or add employers and extend their stay.
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the second half of Fiscal Year 2009 (FY2009). USCIS is hereby notifying the public that Jan. 7, 2009 was the “final receipt date” for new H-2B worker petitions requesting employment start dates prior to October 1, 2009. The “final receipt date” is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the second half of FY2009.
USCIS will reject petitions for new H-2B workers seeking employment start dates prior to October 1, 2009 that arrive after Jan. 7, 2009.
If deemed necessary, USCIS may apply a computer-generated random selection process to all petitions that are subject to the cap and received on Jan. 7, 2009 in order to select the number of petitions needed to meet the cap. USCIS will reject, and return the fee, for all cap-subject petitions not randomly selected.
Petitions for workers who are currently in H-2B status do not count towards the congressionally mandated bi-annual H-2B cap. USCIS will continue to process petitions filed to:
Extend the stay of a current H-2B worker in the United States;
Change the terms of employment for current H-2B workers and extend their stay; or
Allow current H-2B workers to change or add employers and extend their stay.
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