For more information contact Banerjee & Associates

We have been hearing rumors that no one is allowed to get into the plane in Karachi, Pakistan. There are also rumors that other countries will be added to the ban. Thus American Immigration Lawyer’s Association asked Department of State to clarify.

In response to rumors of plans to expand the travel ban to other countries, DOS informed American Immigration Lawyer’s Association that there is no addendum, annex, or amendment now being worked on to expand visa revocations or the travel ban to countries other than those currently implicated in the Executive Order entitled, “Protecting the Nation From Foreign Terrorist Entry into the United States.” This includes Columbia and Venezuela which have been widely rumored to be under consideration and Pakistan. DOS confirmed that there is no information that supports such a rumor and asked that AILA members help end the spread of this false information.

So as of now, only people holding passports of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen are being detained. Green Card (Permanent Resident Card) holders and visa holders from these countries are also being put to secondary inspection which is taking at least 6-7 hours after they come to US from foreign travel. Some officers might be prejudiced and worse than others. The Green card holders might even be asked to give up their green cards. Never do that. Resist and ask for an attorney

So far, if you were born in these countries, but have other passports, then you are not stopped.

No refugees form these seven countries will be allowed in from these seven countries for at least 90 days

However please note that when Trump made the Executive Order the Department of State was not informed about it. They learned it just like all of us.

Written by Banerjee & Associates

1. Under the old NYSDOT test, the research had to have intrinsic merit—-This excluded pure and theoretical sciences. In many cases of pure Math, there are no direct impact. For instance, Einstein’s theory of relativity in itself is just purely a theory, and does not have any immediate consequences. Yet, there are so many uses which is based off of this theory. We could not file NIW under NYSDOT, but can do so under Dhanasar
2. Local in scope. The other weird thing about NYSDOT was that the impact had to be national and not local. This presented a huge problem for those of us who worked with oil industry geologists. They did research on say, North Texas oil basin. That would lead to discovery of oil in Texas. But although the research did not have direct national consequences, discovery of significant oil reserves would reduce the US dependency of foreign oil, and lead to national economic benefit
   Maybe if Mr. Trump restricts Immigration, the courts will step up and make things easier.

For more information visit Banerjee & Associates

Moreover under 8 CFR §214.2(b)(2), Canadian visitor’s with a B visa has to be given a minimum of 6 months. I-94s might be given for shorter duration.

This procedure, done very quietly by CBP, might put a lot of Canadians in illegal status. Then depending on the length of their illegal stay, they may be barred from entering the United States for 3 to 10 years. This bar means no cross border shopping or even visiting your winter home down south.

Please go here to check your I-94 and get the date by which time you will need to leave USA.

For more information, please contact Banerjee & Associates.

Please call Banerjee & Associates for more information

H-1B:
Eliminate the quota, but become stricter on enforcement. Make employers PROVE that the job is there, and it is real. Make site visits mandatory where the Sponsor has less than 200 employees. If an H-1B employee lose his job, he will get an automatic 6 months to stay in the US. After that time, if he has found no jobs, he has to leave. He can also switch to a dependent visa like H-4, but cannot switch to a student visa (F-1), without going back to the home country. If an Employer is found to have changed the resumes of the Employee in order to get a job for that employee, then both the Employer and the Employee will be barred from future filings for 5 years. The Employee will never be given the chance to adjust status through employment and will be deportable.

L-1A:
Focus more on viability and less on job description. If a Japanese restaurant owner has to oversee cooks and waiters who are not “Professional” employees, it’s no big deal. What matters is, is the restaurant viable? Is it making money, and will it survive? If a large multinational, foreign Company, (for instance let’s say Suzuki) wants a small office in the US, which coordinates their North American business, then they should be allowed to have an L-1. Even though they may not be creating US jobs, the fact that they are doing business means that they are helping US population in some way. When the time comes for the Company to grow in the US, they will grow. But by denying them the right to have a small office, we will actually drive business to Canada or Mexico. Whether the manager is managing a function, or doing full time managerial job is immaterial. Good managers do everything. If you are the CEO of a profitable company, you can clean a room, if it looks bad, and you have the time. It won’t kill you.

L-1B:
The focus should be on the technical aspect, and not so much on the proprietary aspect. We have a shortage of technical people in the US. So even though it’s fair to say that the job has to be proprietary to the Company, the focus should be on whether the Employer can get anyone in the US to do the job with some training. If the Company is viable and profitable, then we should let the Company prosper with their L-1B candidates. After all, they will pay US taxes.

For more information contact Banerjee & Associates

1. The Employee applies.
2. The Citizenship and Immigration Service takes a long time to adjudicate the application
3. The Employment Authorization Document expires
4. The Employee cannot work legally after this day, and loses the job.

I have had individuals leave the country on this issue. There is no way to expedite this, and although Citizenship and Immigration Service is required, by regulation to adjudicate the card within 90 days, sometimes that does not happen.  Understandably, the Citizenship and Immigration Service is inundated by large volumes of Employment Authorization Document Extensions.  Nationals from India and China have long wait lines before they get their Green Card (Permanent Resident Card), so they need to renew their cards frequently.  The same is true for DACA, TPS etc.

This problem has been solved by the recently enacted changes to the Immigration code.  Enacted on November 18, 20165, it goes into effect on January 17, 2017, 8 CFR § 274a. 12 (c) (35-36) states that due to “compelling circumstances” Employment Authorization Document will be extended for 180 days if:

1. The individual files a request to renew his Employment Authorization Document prior to the expiration date
2. The individual is requesting an extension under the same category as before, for example DACA, I-485 pending, TPS, Dependent visas, like H-4, L-2, or J2.
3. However, the underlying status needs to be valid. This means for example if someone is divorced and does not have the H-4 or L-2 status anymore, then this provision does not apply

The receipt notice of the Employment Authorization Document serves as proof of such extension for 180 days

Hopefully the Citizenship and Immigration Service will adjudicate these cases by 180 days

Please call Banerjee & Associates for more information

But, you say, you thought that you were presumed innocent until proven guilty in America.  And you are right.  Yet, the Department of State has the right to suspend your visa.  Because this is not a legal ground of inadmissibility, it’s a medical ground of inadmissibility

If your I-94 (here) is still valid, you can continue to work in the USA.  However, if you go outside the USA, you will be required to revalidate your visa.  The post will send you to a medical doctor, who will evaluate whether you are “medically fit” (read not an addict) to do your job.

So have fun, drink, but don’t drive if you do drink.  Or at least, don’t get caught

Please contact Annie Banerjee at Banerjee & Associates for more information

1. Go dressed well for the interview
2. If you get a 221 G –con tact your attorney. Consulate decisions are final, and if you are denied, you will not be able to reenter
3. After you submit your answer for a 221G, please have patience.
4. The posts tell you to wait at least 60 days before inquiring. We actually advise 90 days. The posts are busy, so if you make yourself or your attorney a pest, the post will simply deny the visa.
5. Once you get your visa, you buy your tickets. We advise that you enter during working hours on week days, even if those tickets cost a bit more. This is because on week days and working hours the Customs and Border Patrol personnel are more senior, hass more experience and has seen your type of case before
6. Please note that if you do get into Secondary Inspection, this is not an adversarial encounter. Yes, it is difficult to wait hours after arriving from an International destination. However the visa officer is simply doing her job.
Also please note that Canadians are given I-94s. Please check your I-94 status here. Please do not overstay your visa.

Please contact Annie Banerjee at Banerjee & Associates for more information.

The chances of getting into the lottery in 2016 is a little more than one in three. As our country grows, its needs grow resulting in more and more petitions and less chances for petitions to be selected. If an attorney prepares the H-1B file, the employer loses the attorney’s fees if they do not get into the lottery. Thus big companies like Google, Facebook, Microsoft and other Silicon Valley Billion dollar company can afford to lose money and file thousands of petitions every year. Google for instance filed 9280 petitions last year. That’s like buying 9280 lottery tickets rather than one that the small employer can afford. And although the lottery probably is random, the probability for winning it is higher if you buy more lottery tickets. And yes, we business Immigration attorneys earn a lot of money during that process as well.
The Citizenship and Immigration Service always maintained that the lottery process was fair. However, two companies in Portland Oregon—-Tenrec Inc. and Walker Macy LLC has filed a lawsuit against the Citizenship and Immigration Service to make the lottery process more transparent. A federal judge has ruled that the plaintiffs have standing to sue. What the plaintiffs’ are asking for though, is to not close the accepting of Petitions for the first 5 business days in April, but prolong it year long. That might actually be worse in creating log jams and increasing processing times for H-1B petitions. And American Immigration Lawyer’s Association has also filed a FOIA suit to make the lottery process more transparent.
Although greater transparency is desired from any Governmental organization, mere transparency will not solve the H-1B problem. The market place works on a supply and demand theory. The artificial quota system demands that employers project their need in the beginning of the year, think about the lottery and apply as many petitions as possible. Similarly highly educated tech employees in India and elsewhere seek out employers and in many cases pay them to file their cases. But doing away with the quota requires a Congressional Act, and as we all know, Congress does not act.

For more information call Banerjee& Associates.