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

I know Trump makes for a great opening line in any blog, so I will start with Trump.  Trump criticized Mr. Khan, the Gold Star parent by saying that Khan, a lawyer took money from Muslims so that they could buy their citizenship.  What he was referring to is the EB-5 investor visa program which is controversial.  But before I go into any details, let me say that Trump used EB-5 foreign money to build his luxury rental apartments in New Jersey called Trump Bay Towers.

The EB-5 is a program where investors can invest 1 million USD (or $500,000 in underdeveloped areas) and create at least 10 jobs.

The funds have to be obtained “lawfully” and USCIS traces the source of the funds meticulously.  If for instance, one inherits a property and sells it to obtain funds, the Citizenship and Immigration Service will demand that one traces the source of funds used by the buyer to buy the property.  This requirement is very strict

The investors have to put the funds “at risk”.  That means that the investor has to invest the money into a for profit, new venture. Very often, people invest in “regional Centers”—- businesses which pool a lot of these investment and build a new project.  However they create very little interest, and the money is tied up for about 10 years.  The interest is not enough to be able to live in the US

Over the years investors in this program have invested billions of dollars and have created thousands of jobs.  So why is this program criticized?  .  The problem with this program is not what Mr. Trump thinks, Muslims bringing in illegal money.

The problem is China.  90% of the individuals and capital come from China.  At first it would seem that China sells so much goods to us, that it is wonderful for them to invest capital in the US.  But PRC is not a free country, and that’s the problem.  Ordinarily PRC does not allow money to be brought outside the country. However, it turns a blind eye to the EB-5 program.  The investors do not directly find investment opportunities in the USA. China has state run brokers who liaise with owners of Regional Centers in the US. So these state run brokerage have access to how real estate is done in the US. They also have access to computer files.  They also can invest and control flow of capital in strategic areas.  Some have criticized that China is using economic, information and technological “warfare” with us through this EB-5 program.

The program expires on September 30^th, 2016. But my guess is that this Congress will simply extend the program for one year, and let this be the problem of the new administration.

For more information, contact Houston Immigration Lawyer, Annie Banerjee

The EB-5 Regional Center program will expire on September 30, 2016 unless Congress reauthorizes it, and many in Congress are concerned about fraud after the Vermont Jay Peak indictments, the largest of many which have occurred, and also about ways to measure the economic benefits of the program.  EB-5 interest groups have begun pressure on Congress to extend the Regional Center provisions accepting many proposed integrity changes and even a likely increase in the investment amount perhaps to $1,200,000 or $800,000 if in a high unemployment or rural area.  The EB-5 program has never had an increase in the investment threshold since the program came into existence in 1990.  Efforts to extend the EB-5 Regional Center program failed last December, 2015, and Congress extended the program unchanged until this coming September.

In its July, 2016 EB-5 processing time information, USCIS reports a 16+ month adjudication time for EB-5 petitioners seeking conditional permanent resident status, and an additional 20+ months for those investors with conditional residence who file to remove conditions of their residence, which is another petition filed with USCIS about 2 years later.  While these processing delays are long, they have not affected investors’ interest and participation in the EB-5 program arising out of the processing wait period.

For citizens of China, though, it is not just processing time that delays gaining lawful permanent resident status, it is having a visa number available.  Unlike foreign nationals from every other country who use the EB-5 program and who have a visa number immediately available, a factor unrelated to USCIS petitioning processing time, investors from China who filed their EB-5 petitions for conditional lawful permanent resident status in February, 2014 have a visa available in August, 2016.  Those Chinese investors who have filed there EB-5 petitions after February, 2014 must wait for a visa number to become available before the investor and his or her family can immigrate to the U.S.  Current information is that USCIS has about 40,000 EB-5 cases filed by Chinese EB-5 investors which are awaiting to be decided, and 20,000 additional Chinese investor EB-5 cases which USCIS has approved but are awaiting visa availability.  Visa availability is an issue because there is an annual quota of just 10,000 EB-5 visas available for investors world-wide, not just from China.  The likelihood is that the wait for all pending and approved EB-5 Chinese investor cases will be years before all such EB-5 Chinese investor cases will have a visa number available.  This multi-year visa wait will likely decrease EB-5 demand from China, prompting EB-5 Regional Centers to seek out investors other countries, especially from India and Vietnam, to benefit from the program.

Stay tuned to EB-5 Regional Center developments as they unfold.

According to the latest news it appears that the medical device maker, after losing its U.S. material source, may be part of a conspiracy to import second-rate, subpar polypropylene resin for use in the slings. Other defendants named in the Boston Scientific lawsuit are EMAI Plastic Raw Materials of Guangzhou, China, Proxy Biomedical Ltd of Ireland and Luxilon Industries based in Belgium.

Boston Scientific loudly denies any such allegations.

This allegation is deeply troubling for a number of reasons. Vaginal mesh slings were created with the intention of helping women deal with pelvic organ prolapse. To date, many horrific lawsuits have been filed by thousands of injured women.

Many women have had their lives turned upside down and live with severe pain, pelvic pain, organ perforation, bleeding, infection, pain during intercourse and urinary incontinence issues due to eroding vaginal mesh and have no hope of having the invasive, organ infesting sling completely removed.

The ethical question of a company knowingly using substandard materials in a product designed for implantation in the body looms large and raises sharp questions about the ethics of Boston Scientific. The ethics of a counterfeiter selling such below standard material are certainly questionable as well.

Should the allegations prove to be true and are verified, such a development would change the way vaginal mesh cases may be tried. Such evidence would be of significant interest to a judge and jury and likely tip the scales of justice in favor of even more plaintiffs. Boston sells at least $120 million of vaginal mesh a year. Over 55,000 woman yearly may have this questionable product implanted.

If you are suffering pain, inflammation and disability as the result of a vaginal mesh sling implant, you may contact my office for information on your legal rights.

Lee, Gober and Reyna – If you need a personal injury attorney or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

In brief, here is what he said:

India:    EB-2s from India have advanced significantly in the last few months arising out of lower than anticipated demand.  DOS is taking steps to ensure that cases can be concluded and visas issued within the fiscal year by aggressively moving visa numbers in these categories.  It is unclear if lower demand arose from fewer India EB-3 to EB-2 conversions than previously were expected, or whether prior months’ visa movement met the India EB-2 visa demand, or whether USCIS reduced its EB-2 backlog from India so that demand appears to be lower.

China:    China EB-2s are expected to trail EB-3s, although DOS expects the China EB-2 demand will diminish from high usage levels seen in October, 2015.  EB-2 demand has decreased ever since.  China EB-3 demand has remained low and EB-3 visa numbers are expected to move forward because first quarter FY 2016 visa usage targets were not reached.  Continued EB-3 movement could result in EB-2 to EB-3 conversions.  China EB-2 and EB-3 may re-balance as a result.  Both China EB-2 and EB-3 are expected to move forward in March, 2016.

As background, foreign students are admitted to the United States as nonimmigrants for the purpose of pursuing their studies at United States educational institutions. Students pursuing higher education are admitted in F-1 status and students pursuing vocational studies are admitted in M-1 status.

The Department of State has an Exchange Visitor program, which is multi-faceted and provides opportunities for nonimmigrant foreign nationals in diverse areas through programs for university students, professors and researchers, physicians, short term scholars, teachers and many others. Exchange visitor program participants are admitted to the United States in J-1 status.

The Student and Exchange Visitor Information System (SEVIS) maintains information about all F-1, M-1 and J-1 nonimmigrants in the United States and the report draws its data from SEVIS.

The following are highlights of the report:

• There are presently 1.05 million students in the United States in F-1 or M-1 nonimmigrant status.
• There are presently 244,766 exchange visitors in the U.S. in J-1 status.
• More than 300,000 F and M students in the United States are from China.
• More than 150,000 F and M students in the United States are from India.
• SEVP has certified 8,887 United States schools to have international students enrolled.
• 77% of all schools certified by SEVP have 50 or less F and M students.
• 74% of F and M students are in doctoral, master’s or bachelor’s programs.
• The fields of science, technology, engineering and mathematics (STEM) account for 405,314 F and M students.
• 38% of all F and M students in the United States are studying in STEM fields.
• Engineering, computer sciences and biological and biomedical science programs account for 75% of all F and M STEM students.
• In Texas, 24% of F and M students are from India and 17% are from China.
• The number of active J-1 exchange visitors increased 21.9% from February 2015 to July 2015, from 200,779 J-1s to 244,766.
• The number of F and M students decreased 6.9% in the same time period, from 1,132,636 to 1,054,505.

On September 9, 2015, DOS issued its Visa Bulletin for October, 2015, containing a new feature called Date of Filing. The Date of Filing sets out when an applicant in the United States may file for adjustment of status in the family and employment based categories. This addition represents an major benefit for those immigrants whose categories are severely backlogged. Immigrants and their immediate family members with a current Date of Filing can file for adjustment of status, and can seek employment authorization and travel permission as ancillary benefits sooner than their Priority Date now renamed Final Action Date. The inclusion of a Date of Filing in the Visa Bulletin has generated much excitement especially in immigrants whose categories have long wait times.

But the September, 25, 2015 revisions to the October, 2015 Visa Bulletin made the following specific Date of Filing changes: EB-2s for China retrogressed from May 1, 2014 to January 1, 2013, EB-2s for India retrogressed from July 1, 2011 to July 1, 2009, and EB-3s for the Philippines retrogressed from January 1, 2015 to January 1, 2010. F1s for Mexico retrogressed from July 1, 1995 to April 1, 1995, and F3s for Mexico retrogressed from October 1, 1996 to May 1, 1995. The retrogressions have disappointed many immigrants.

The revision resulted after further discussions between DOS and the Department of Homeland Security. According to DOS, “…the Dates for Filing Applications for some categories in the Family-Sponsored and Employment-Based preferences have been adjusted to better reflect a timeframe justifying immediate action in the application process…”

DHS has advised that it will rely on the revised October, 2015 Visa Bulletin in determining when an applicant becomes eligible to file for adjustment.

For October, 2015, the Filing Date in family sponsored preference categories is approximately 1 year sooner that the Final Action Date.  The exception is the Philippines, which permits filings 4 years sooner than the Final Action Date.

In the employment based preference categories, EB2s for China have a Filing Date that is 2+ years sooner than the Final Action Date.  The biggest difference between Filing Date and Final Action Date is for EB3 Other Workers from the Philippines, and then EB2s for India.  The former category has a Filing Date that is 8 years sooner than the Final Action Date.  The latter has a Filing Date 6+ years sooner than the Final Action Date.  Significantly, EB5s for China has a Filing Date of 1.5+ years sooner than the Final Action Date.   Highlights of other categories follow:

Category                  Country   Filing Date          Final Action Date

EB3                               China        10/01/2013             10/15/2011
EB3                               India         07/01/2015             03/08/2004
EB3                               Mexico     09/01/2015             08/15/2015
EB3 Other Worker    China        01/01/2007             01/01/2006
EB3 Other Worker    India         07/01/2005             03/08/2004
EB3 Other Worker    Mexico     09/01/2015              08/15/2015
EB3 Other Worker    Philippines   01/01/2015          01/01/2007
EB5                               China        05/01/2015              10/08/2013

Please see http://www.travel.state.gov/content/visas/english/law-and-policy/bulletin/2016/visa-bulletin-for-october-2015.html for the complete October, 2015 Visa Bulletin.

Senators Chuck Grassley (R-Iowa) and Patrick Leahy (D-Vt.) introduced Senate Bill 1501 on June 3. The proposed legislation would implement a five-year extension of the EB-5 regional center program, which would otherwise expire in September 2015. The EB-5 program permits an immigrant investor to obtain permanent resident status by investing either in a new or existing business, or in a project developed by a regional center in the United States. Regional centers create projects for immigrant investors mostly in targeted employment areas, which have a minimum investment amount of $500,000. Regional center projects can use indirect job creation to meet the statutory EB-5 job creation requirements. S.B. 1501 is the first bill introduced to extend this popular investment program.

S.B. 1501, called The American Job Creation and Investment Promotion Reform Act, aims to provide EB-5 investors with more information about their investments and to help investors avoid scams. A pertinent example involved a California-based oil and gas company which the U.S. Securities and Exchange Comission (SEC) recently charged with violations of securities laws for allegedly running a Ponzi-like scheme to defraud investors, including EB-5 investors.

Highlights of the proposed legislation include, but are not limited to:

• Increasing the minimum investment amount from $500,000 to $800,000 for targeted employment area investments and non-targeted areas investments from $1,000,000 to $1,200,000
• Removing an immigrant investor’s spouse and minor children from the overall quota calculation, which would have the affect of eliminating visa backlogs which currently exist for China.
• Removing authority from the states to designate tracts of land as targeted employment areas
• Creating a special $20,000 per year annual fee for each regional center to pay for government audits and fraud detection

S.B. 1501 is the start point in legislative proposals to extend the EB-5 program. The bill will be subject to many proposed changes between now and when the legislation goes to Congress for a final vote.

Gold has long been the safe haven of choice for Indians looking for a place to park their cash and a way to avoid the uncertainties that swings in the stock market or currency fluctuations have presented. In recent years, investment in the United States, particularly in real estate, has appealed to foreign buyers looking for a similarly conservative, yet profitable, option. And as the bottom dropped out of many real estate markets in the United States during the recent recession, current purchase prices are very appealing.

A more price-compelling U.S. real estate market has been reflected in the number of foreign buyers, Indians included, who have closed escrow for property in this country. A National Association of Realtors survey estimated that from April 2013 to March of this year, total sales to buyers from abroad stood at $92.2 billion, which represents a 35 percent increase over the previous year. As a result, foreign buyers now constitute 7 percent of all existing-home sales.

Among existing-home sales closed by foreign buyers, China accounted for the largest share of international buyers at 24 percent, followed by Canada at 15 percent, with India and the United Kingdom tied for third with a 6 percent share of the total each. Indian buyers spent $5.8 billion in the U.S. real estate market over the last measured year, up from $3.9 billion over the 12-month period before it.

The figures cited do not distinguish between immigrant buyers and international buyers of U.S. real estate who retain their foreign domiciles. While many international buyers invest in U.S. real estate due to political instability or a restrictive business environment in their home countries, Indian buyers more frequently invest with a longer-term or more practical perspective in mind.

Middle-aged Indians with children current comprise the largest demographic looking to purchase property in this country. Indian families most often invest in residential housing, either multi-unit buildings or single-family dwellings.

With the significant number of students from India who are studying stateside, the investment scenario becomes all the more compelling: families secure living quarters for their children while they are at college or, subsequent to graduation, working in America, and thereafter, either rent out the unit or retain it as a residence if the family chooses to immigrate to the United States.

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an attorney, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.

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Rabinowitz & Rabinowitz, PC. is a Dallas immigration law firm representing businesses, families, and individuals. To learn more or to contact an attorney, click here to visit http://www.rabinowitzrabinowitz.com.

If you don’t have a pet, you might not understand how important and difficult this question can be but if you have ever felt the special bond between a person and a pet, you can imagine how custody issues of pets can be difficult in a divorce. When spouses with children divorce, the court determines whether the parents will have joint custody or if one parent will have sole custody. Courts also provide parenting time schedules for children so both parents have parenting time with the children.

The overriding factor in custody and parenting time decisions is the best interests of the child…not the best interests of the parents. Focusing on the best interests of the child makes custody decisions easier for parents and courts alike because there is enough research on what is best for children in many different situations. If the court were to treat pets like children, they would have to determine what is in the best interests of the pet and that is not something courts are likely to do because court resources are in high demand for more pressing matters. As far as the best interests of the pet, pets are generally fine as long as they have food, water, shelter, perhaps a walk, and someone to give them attention.

Just as not all parents are married, not all pet owners are married either. Roommates, partners, friends, and family might get a pet together and when they go their separate ways, the pet owners may not agree on who should have custody of the pet. For all these situations, courts do not have a process by law to award custody. Some individual courts have made rulings for custody of pets but generally speaking those decisions were left up to the court’s discretion and were not really based in state law.

Pets Are Property

Interestingly, pets are considered property by law so they are treated like property in a divorce. Property includes real property (a house) as well as items such as furniture, electronics, and jewelry. When dividing property, spouses generally each receive property of equal value. One spouse might get the big screen TV while the other spouse might get the china and glassware which has the same value as the TV. How do you put a dollar value on the family pet?

While courts will not typically decide issues regarding pets (there really aren’t any laws for courts to follow regarding pets in divorce) individuals can stipulate their own agreement in regard to family pets. Families with children sometimes decide that the pet should be where the children are. In those cases, the pet follows the same parenting time schedule that the children follow. In some cases, just like property, one spouse might negotiate a deal where he keeps the pet and he offers other types of property in exchange for the pet.

Are You A Dog Lover?

In a survey by the APPA National Pet Owners Survey 62% of households in the United States owned a pet (72.9 million homes). The health benefits of owning a pet are well-documented as pets provide security, companionship, a reason to exercise, and can even lower a person’s blood pressure simply by their presence. People form very special bonds with their pets and particularly in divorce cases where there are no children; the pet can be one of the most valued relationships the divorcing individuals have.

For further information or to schedule a consultation, please contact California Divorce Mediators at (949) 553-0911 or at www.cadivorcemediators.com.

If Rhode Island researchers are right, and can prove what they are seeing on a larger scale, there may be even more hope for someone with a brain injury. The ProTECT study is being carried on in a small room in the Rhode Island Hospital, led by an E.R. doctor. The “Pro” part stands for progesterone.
The rationale behind this exercise is that progesterone exists, naturally, in women and men. The difference here is that the particular progesterone the team is working with is not derived from humans. It comes from a yam.

Kind of gives one a slightly different take on Thanksgiving sweet potatoes.
So far, tests are demonstrating that the yam-based progesterone used on animals is decreasing brain swelling. The benefits were deemed so great, it was then tried on humans. The results have been extremely encouraging. There were two human trials, one a world away, in China and another in Atlanta, Georgia. They all demonstrated a decreased morbidity, which refers to having a disease, or being unhealthy, and a lower death rate.

It’s an innovative idea, one that could well be considered to be on the cutting edge of science and medicine. It may also be thought to be off-the-wall, but when attempting to find treatment or therapies for dealing with traumatic brain injuries (TBI), any and all routes are worth taking a look at. At least that is what a team of Rhode Island researchers are thinking.

TBI is more prevalent than we think. Every 60 seconds, four Americans sustain a brain injury. Every five minutes, one person is permanently disabled due to a TBI. Research that assists in dealing with the results of this type of injury is ongoing, and some inroads have been made. However, for the most part, medical personnel still have their hands tied when it comes to managing the symptoms of a swollen brain and neuron damage. It clearly becomes a case of holding down the fort and hoping for the best.

Rhode Island is not the only U.S. location doing this study. It is underway nationally in at least 40 other sites, with the intention of determining if the progesterone, combined with the usual method of caring for head traumas, which is largely supportive, works better than just the usual treatment protocol. There are at least 800 patients currently in the trial, and even though there are some side-effects, such as infusion site inflammation, clotting and possible pulmonary embolism, the future is beginning to look a bit brighter for TBI patients. All hope is welcome.

If Rhode Island researchers are right, and can prove what they are seeing on a larger scale, there may be even more hope for someone with a brain injury. The ProTECT study is being carried on in a small room in the Rhode Island Hospital, led by an E.R. doctor. The “Pro” part stands for progesterone, which, according to the American Fertility Association, “is a hormone that is released by the ovaries and is important for menstrual function and pregnancy.”

The rationale behind this exercise is that progesterone exists, naturally, in women and men. The difference here is that the particular progesterone the team is working with is not derived from humans. It comes from a yam.

Tests on animals have demonstrated that the yam-based progesterone decreased brain swelling. The benefits were deemed so great that it was then tried on humans — one trial a world away in China and another in Atlanta, Georgia. The results have been extremely encouraging. They all demonstrated a decreased morbidity, which refers to having a disease, or being unhealthy, and a lower death rate.

Rhode Island is not the only U.S. location performing this study. It is underway nationally in at least 40 other sites, with the intention of determining whether the progesterone, combined with the usual method of caring for head traumas, works better than just the usual treatment protocol. At least 800 patients are enrolled in the trial, and even though there are some side effects, such as infusion site inflammation, clotting, and possible pulmonary embolism, the future is beginning to look a bit brighter for TBI patients. 

TBI is more prevalent than you may think. Every 60 seconds, four Americans sustain a brain injury. Every five minutes, one person is permanently disabled due to a TBI. Research that assists in dealing with the results of this type of injury is ongoing, and some inroads have been made. However, for the most part, medical personnel still have their hands tied when it comes to managing the symptoms of a swollen brain and neuron damage. All help is welcome.

According to Sen. Orrin Hatch (R-Utah), more highly-skilled workers may be able to become employed in the U.S. in a shorter time frame – within a year. That could happen if immigration reform becomes a reality. Hatch joined a roundtable discussion on immigration reform, where he acknowledged that workers who travel to the U.S. for higher education degrees often want to stay in the U.S. and work at high tech and other high-skilled companies and in high tech industries, only to have to move back to their home countries due to visa restrictions.

Hatch said that there was an ongoing push to change outdated U.S. policies on high-tech immigration issues. Meanwhile, business leaders across the country have expressed their frustration attempting to hire more high-tech skilled workers for their firms.

Sen. Hatch has co-sponsored the Immigration Innovation Act of 2013. The Act hopes to raise the highly-skilled worker visa cap from 65,000 annually to 115,000 annually, though business leaders say even that is not a large enough number of visas for their job opportunities. The capped amount would have some flexibility, allowing for as many as 300,000 H-1B visas annually, if there is a proven need for that increase.

The visa expansion debate was part of larger immigration reform battle in Washington earlier this year. The Border Security, Economic Opportunity and Immigration Modernization Act was hammered out for months and finally passed this June in the Senate. It is currently still waiting for approval in the House. But House Republicans have been combing over the Act, taking apart the pieces they do not ant and attempting to stitch together their own version, which would put a greater emphasis on border patrols, specially the U.S. /Mexico border.

Senator Hatch stated that there was a sort of “de facto amnesty” currently at work – people are being employed if they are a good fit, regardless of their citizenship status. Hatch has stated that U.S. citizens are encouraged to contact their congressional representatives with support for immigration reform.

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an attorney, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.

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Medicaid expansion in Michigan has taken a slight pitstop, and will not take effect until late March or early April instead of Jan. 1. The senate sent HB 4714 to the House Tuesday morning, but failed to vote on granting the bill immediate effect.

Senate Democrats pushed to call for a vote on immediate effect, but Lt. Gov. Brian Calley, who presides over the Senate, told the chamber that the bill had already been delivered to the House.

(Related: Advance Care Planning Lessons for Oakland County Residents)

Despite the drama in the Senates, lasting eight hours, eight Republicans joined all 12 Senate Democrats and passed the bill 75-32 that would expand Medicaid to close to 450,000 of the state’s working poor adults.

To grant the bill immediate effect, supermajority was required, and it fell two votes short of the 26 needed.

“The people of our state are left to pay the price because the Senate Republicans chose to play political games rather than do the right thing on this fundamentally important legislation,” Senate Minority Leader Gretchen Whitmer, D-East Lansing, said in a statement. “This obstruction is disrespectful to the members of this chamber, and most importantly, the people we were elected to serve.”

(Related: Medicaid Expansion Will Save the State Money, Snyder Says)

The delay could cost the state millions and decrease the amount of savings the state is projected to see in its general fund.

House members were greeted with a letter on their desk today from U.S. Health and Human Services Secretary Kathleen Sebelius, who was responding to a letter from Rep. Mike Shirkey, R-Clark Lake.

Sebelius clarified in the letter that if the Legislature expands coverage and drops it at a later date, there would not be a financial penalty as a result, and no reduction in federal matching dollar rates.

(Related: Medicare Does Not Pay for Long-Term Care)

“Further, dropping such coverage would not jeopardize the state’s ability to participate in any other parts of the Medicaid program,” Sebelius wrote.

Medicaid expansion is headed to Gov. Rick Snyder’s desk, but he isn’t likely to sign it for about two weeks, when he returns from an investment mission in China.

Christopher J. Berry is a Michigan elder law attorney Dedicated to helping seniors, veterans and their families navigate the long-term care maze. To learn more visit http://www.theeldercarefirm.com/ or call 248.481.4000

A new Senate immigration reform bill is poised to shift the U.S. immigration system to better help those immigrants who enter the country with an employment-based visa. According a senior policy analyst with the Migration Policy Institute, the employment-based immigration caps placed on other countries would be eliminated. Currently, no country can send more than 7 percent of their total visa allotment within a one-year period to the U.S. The limit for each country has been set at 7 percent of the total visas; the other 97 percent have been allotted as family visas, but that figure would be raised to 15 percent.

This limit has greatly hampered countries such as China and India who have large number of qualified immigrants, but who cannot get their U.S. visas because their country reaches the cap so quickly.

Under the new bill, that cap would be raised to 15 percent, which open the employment pathways for immigrants from China and India, but, as critics are quick to point out, that loss of a cap also means the U.S. may see a less diverse group of immigrants. Advocates say the cap may mean more employment immigrants from Mexico and the Philippines.

The bill will also allow some additional ways to gain employment-based “green cards,” including a merit-based visa. A merit-based visa would allow some workers in the U.S. on a temporary visa to become permanent residents and then citizens, based on a point system. Points are allotted for education, family, work history English-language fluency. The merit-based visa system would be put into place to clear the immigration backlog, and run for an estimated five years.

The program would then have 120,000 visas for new immigrants every year, evenly split between higher-skilled and lower-skilled workers, with a skill-specific point system. Higher-skilled workers would be allotted points for post-graduate education and entrepreneurship, while lesser-skilled workers would be allotted points for U.S.—based family and for the household’s primary caregiver. For both higher- and lower-skilled visas, points are heavily awarded for already being employed in the U.S. The merit-based system is designed to be able to expand, based in large part on the U.S. unemployment rate, with a cap of 250,000 visas per year.

A second tier of the merit-based program has also been proposed; it would help undocumented workers who have been employed in the U.S. for 10 years or more to transition to permanent status.

A. Banerjee is a Houston immigration attorney in Texas. Before selecting an lawyer, contact the Law Offices of Annie Banerjee by visiting their website at http://www.visatous.com.

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This will be a difficult case for all those involved. Sang Lan, a gymnast and an athlete in top shape, broke her neck during the 1998 Goodwill Games, held in New York, as a result of a vaulting accident. She filed a federal lawsuit just recently, against the U.S. Gymnastics Federation and Time Warner, indicating they broke their promise to care for her after her injury. She said that since the promised care was not provided, her condition has worsened.

According to the details in the case filings, the defendants failed to pay her medical bills and ensure her other needs were met. Lan indicated in the suit that she has been unable to get medical treatments for her spinal cord injuries and her two broken and dislocated vertebrae.

She further stated that the care provided to her by two Chinese-Americans, appointed as her legal guardians, has caused her more suffering. The guardians were appointed after her accident, in direct opposition to her parent’s wishes. Evidently, the guardians control Lan’s contact and treatments with U.S. doctors.

It seems that Lan has been trying to make ends meet while living in China without proper medical insurance, without any compensation for her life-altering, permanent injury and without the ability to ask for justice. Her lawsuit will likely go to trial within the year. In the meantime, she will definitely need a way to pay her bills, medical and otherwise. She would be best advised to apply for litigation funding.

Litigation funding is an emergency lawsuit loan, given to the plaintiff in advance of their expected verdict. It will help them get back on their feet financially, and help them pay their medical expenses, as well as their regular living expenses. Pre-settlement funding has many advantages for the plaintiff, not the least of which is once they get a lawsuit cash advance, they can turn down insurance company settlement offers.

The other benefit a plaintiff has with legal funding is that if they do lose their case in court, they get to keep what money they have left in the bank. They are not obligated to give it back and they would have no further obligation to the litigation funding company either.

Pre-settlement funding is a good deal for cash strapped plaintiffs, and in this case, it would certainly help Ms. Lan take care of her bills and medical needs.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit &ufding and litigation funding, visit Litigationfundingcorp.com.

My parents loved to play bridge – the card game. That was their passion and their existence for living. I say that lovingly, of course. But it is true that my mom was the star of the family. Most weekends comprised of going to local bridge games, then chapter tournaments, to national tournaments, in which my mother reined supreme several times. Our house was filled with her ribbons and trophies.

I knew when it was almost time to go to a tourney because my mom and dad would sit up all hours of the night, with their best pals, Laddie and Millie, not playing, but competing. Of course, my dad, even though he had practiced with the best (my mom) still was only average, paling in comparison to the actual “pros”. Sometimes we wondered if it was a contact sport, when we witnessed players at the nail-biting tournaments coming to blows.

“Thank God we all have good health insurance coverage from Matt Lockhard from Long Beach in case someone gets mad at me for beating them,” my mom said. And that was a likely possibility, because she did often win.

But their all-nighters on the weekdays when we used to live in California were a sure indication that we would be travelling somewhere and staying a weekend at the select hotel, across the state or even cross-country. My brother and I were psyched. That meant we could almost do our own thing, within reason, of course. We would play hide-and-seek in strange, open rooms and play tricks on the staff sometimes.

I heard in history that playing cards were actually invented in China, using paper. But I think my mom perfected the sport of bridge. Her friends were sad to find her offspring did not gain the same passion. Unlike our dad, we did not even have a remote interest. However, I still go to the tournaments from time to time, even after my parents have long been passed, and support the old group members. I have watched them get older and my own children grow up and go to college.

Today, sitting at the enclosed porch overlooking the lake, I held my mother’s deck of cards in my hands. I can almost hear them all laughing as they dealt the next round.

Matt Lockard – California Health Insurance agency offers health insurance plans for individuals, families, and children. Also available are California Medicare Supplement policies. Go to http://mattsinsurance4ca.com to get an instant health insurance quote.

But one day, she came into work and her boss point-blank berated her in front of her co-workers because she was one-second late coming into the door. He fired her on the spot. Milagros was stunned, bewildered and scared and was at a total loss, so she called California Health Insurance agent Matt Lockard for some advice.

For once in her life this was something that was unexpected, even as good at predicting things and taking precautionary measures as she has been known to do, she found herself in a bind: unemployed and uninsured all at once!

The fall leaves were just turning their magnificent colors and the air was getting cooler as each day passed – ghouls, scarecrows, and pumpkin patches were cropping up everywhere; soon Christmas decorations. What in the world will she do now? Does she want to go back to a nine-to-five clocking in the hours, overworked and under-appreciated, or does she want to finally pursue her dream of being a Cantonese translator, take that trip to China, a place she so long wanted to go?

California Health Insurance agent Matt Lockard reassured her at least she was covered in case of accidents and illnesses, so she set forth to forge her future, taking classes, freelancing here and there to pay her bills and what-not.

Matt Lockard contacted her after a year or so and found out that Milagros landed herself in rural California maintaining an apiary as well, with a fiancé and some land.

“We just came back from China,” Milagros told Matt. “I will e-mail you the pictures of us at the Great Wall!”

After California Health Insurance agent Matt Lockard hung up the phone with Milagros, he smiled and thought to himself that dreams do come true.

Matt Lockard – California Health Insurance agency offers health insurance plans for individuals, families, and children. Also available are California Medicare Supplement policies. Go to http://mattsinsurance4ca.com to get an instant health insurance quote.