vi·sa /ˈvizə/ noun, 1. an endorsement made by an authorized representative of one country permitting the passport holder entry into or transit through the country making the endorsement. vi·sion /ˈvɪʒən/ –noun 1. the act or power of anticipating that which will or may come to be."
Archive for July, 2008
Become Part of the Solution Through Advocacy
One of the amazing things about the US is that we can actually change the things we don’t like about our country (or at the very least, we can try). Immigration is always a hot topic, not only for prospective immigrants, but also for employers seeking talent from abroad, family members, and of course, immigration professionals.
Here are four simple steps to take to begin to move the wheels of change in our great democratic nation:
1. LEARN/THINK:It’s very easy to find yourself at a party having a heated debate about building a fence, “amnesty,” and the shortage of H-1B visas. However, without the proper knowledge and background, it’s impossible to a) figure out what you really believe is right b) convey your feelings to others and c) take the steps to initiate changes. Start by educating yourself:
Today the House Subcommittee on Immigration will markup H.R.5882, a bill to recapture unused employment-based and family-based green cards lost to bureaucratic delays, and to prevent losses of family- and employment-based immigrant visas in the future. I Googled the bill to learn more. I found a nice site govtrack which listed the background of the bill, as well as the actual text. Thomas is the Library of Congress website which provides information on everything introduced in Congress. After you play around on the website a bit, you will find that it’s an easy way to get a clear picture of legislative history, voting records, etc. Here’s some info on the Development of HR 5882:
- In March 2008, Bill Gates testified before Congress to increase the H-1B cap.
- HR 5630 introduced (proposition increase H-1B cap from 65,000 to 130,000 for FY 2008 by Gabrielle Giffords (D-AZ)) and HR 5642 introduced on 3/14/08 (proposition to raise H-1B visas from 65,000 to 195,000 by Lamar Smith (R-TX))
- On 04/23/08 Rep. Zoe Lofgren (D-CA) introduces HR 5882 to recapture all the unused visas from 1992 to 2007.
More about the BILL (From THOMAS):
- Amends the Immigration and Nationality Act to establish the fiscal year worldwide level of employment-based immigrants at 140,000 plus: (1) the previous year’s unused visas; and (2) the number of unused visas from FY2002-FY2007.
- Establishes the fiscal year worldwide level of family-sponsored immigrants at 480,000 minus the number of certain aliens not subject to direct numerical limitations plus: (1) the previous year’s unused visas; and (2) the number of unused visas from FY2002-FY2007. (States that such annual level shall not be less than 226,000.)
2. ACT
Call your Representative now and express your support for this very important bill! It’s easier than you think. You don’t have to be a skilled orator, a lawyer, or have any prestigious letters after your name. All you have to do is locate your representative, and tell them that you are expressing your support or opposition to a specific bill. The people answering the phones keep a log of the number of constituents who contact the Senator or Representative office, and all of your phone calls (as well as letters and emails) count. Congresspeople are supposed to represent the views of their constituents, and if enough people call about an issue, they do notice.
3. VOTE
When November 4, 2008 rolls around, review the voting record of your Senator/Representative. Be sure to vote for people who VOTE for what you believe in (not only SAY that they support those issues). 35 of the 100 Seats in the Senate will be up for grabs and all 435 seats in the House are up for election.
4. CONTINUE CALLING
Just to reiterate the main point of this (slightly lengthly) lesson on advocacy, be sure to contact your representative (choose Senator or Representative, depending on where the bill is introduced). It will only take you a few minutes to make a phone call. Do it every day. Write to them. Tell your friends and family to do the same. Be persistent, and don’t give up! Interns on the Hill are hired every year to answer your calls, so make them do their job!
Tags: Advocacy, cap, green cards, H-1B visas, Understanding the System
Obtaining the proper Visa can be a very confusing process. I love the challenge of trying to strategize, and although I am extraordinarily optimistic, I always consider the worst case scenario when determining the appropriate visa option. Here’s a good mind bender to warm you up to the beauty of immigration law:
Client is currently on an 18 month J-1 trainee visa, wants to leave the US for a short vacation after 12 months on the J, and re-enter to begin his US Masters degree program. His wife is on an H-1B. So what is the best strategy? When does his J-1 officially end? On which visa should he return? Where should he get his visa? Will the consulate issue him a visa or even grant him an appointment as a Third Country National?
This is typical of the type of issues I face at work. Just when you think you are following all the rules, you find out there are so many more ways to unintentionally break them…
It’s almost time to start preparing for my “super secret immigration web tools” segment of this blog. In the meantime, thanks to the ingenuity of Japanese gardening techniques, as well as globalization and technology transfer, I introduce the TOMATOBERRY!
Tags: confusion, j-1, veggies, Visas
The NYT published an editorial today about the Postville meat factory raid. In case you aren’t current on ICE raids, earlier this year the Immigration and Customs Enforcement branch of Department of Homeland Security conducted the largest on-site raid to find unauthorized foreign workers at the largest Kosher meat factory in the world. ICE arrested around 400 unauthorized workers, and instead of simply sending them back to their countries of origin (mostly Guatamala), 260 were “charged as serious criminals for using false Social Security numbers or residency papers, and most were sentenced to five months in prison.” No charges against the company for hiring unauthorized foreign workers were filed.
Each of these 260 individuals accepted criminal charges without understanding a) the legal system b) their options. Yes, these are people who were taking advantage of our system taking the luxurious job of underpaid and most probably exploited workers in a slaughterhouse in order to literally put food on the table back home. I am concerned that the ICE raids, and the subsequent criminal consequenses imposed by the US legal system on the unauthorized workers, demonstrate that the government holds poor, desperate, exploited human beings accountable for crimes committed by their wealthy corporate US employers in order to maximize profits by hiring “illegals” as cheap and disposable labor. I think ICE’s action, and the subsequent arrests and sentencing, reflects the position of our judicial system pretty clearly.
I am not suggesting that it is ok to enter the US and work without authorization. But I do believe we should remedy the problem in our immigration system, rather than allocating our resources in the criminal justice system to criminalize people who sneak in to make ends meet. Does an individual’s desire to feed his/her family, even at the risk of breaking the law, warrant more severe punishment than US Citizen employers and large corporations’ gross disregard for the law?
A more promising remedy: force (by threatening and enforcing crazy fines and criminal charges) large corporations to pay proper wages, hire responsibly, and encourage them to form coalitions so that it is easier to comply with the regulations when hiring employees. I’m still thinking and learning about real viable solutions.
Tags: i-9, ICE Raids, Postville
I’ve been trying to figure out how to launch this site, and exactly why I want to create it. I chose the name “VisaVisions” because, as an immigration attorney, I hope use this forum to share my own visions of the Visa system in the US. Whether you are a foreign national (or love a foreign national!), a professional in the field, or just interested in the topic, I thank you for reading and look forward to finding out what brought you here.
My vision includes reflections on the individuals I meet every day who shower me with immigration questions in taxis, restaurants, flowershops, in the subway, and at every social engagement I attend. Everyone seems to be or know an immigrant with issues!!! I also hope to share my visions of recent legislation and Congressional action, changes announced by USCIS, the importance of lobbying and advocacy work, and the essential role of the immigrant to our country from humane, political, and economic standpoints.
Finally, VisaVisions refers to the common symptoms experienced by most foreign nationals trying to live and work in the US. It is the preoccupation with trying to understand and navigate the US immigration systems, learn the vocabulary, find a dependable attorney, and reach an immigration destination (either a temporary or immigrant visa) without complications, without accruing unlawful presence, and without the feelings of fear, confusion, and despair that are often side affects of the adventure.
Let’s journey together as we explore immigration from all angles. Please remember that nothing on this website is intended to be taken as legal advice. For a full disclaimer, please see the “ABOUT BATYA” tab!
Tags: blog talk