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Pentagon to recruit aliens on visas

Discussion in 'International Forum' started by MaxShimba, Dec 9, 2008.

  1. MaxShimba

    MaxShimba JF-Expert Member

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    WASHINGTON – Struggling to find enough doctors, nurses and linguists for the war effort, the Pentagon will temporarily recruit foreigners who have been living in the United States on student and work visas, or with refugee or political asylum status.

    Defense Secretary Robert Gates has authorized the Army, Navy, Air Force and Marine Corps to recruit certain legal residents whose critical medical and language skills are "vital to the national interest," officials said, using for the first time a law passed three years ago.

    Though the military previously has taken recruits with green cards seeking permanent residency, Gates' action enables the services to start a one-year pilot program to find up to 1,000 foreigners who have lived in the states legally for at least two years on certain types of temporary visas.

    The new recruits into the armed forces would get accelerated treatment in the process toward becoming U.S. citizens in return for serving in the wartime military in the United States or abroad.

    "The services are doing a tremendous job of recruiting quality personnel to meet our various missions," sometimes with bonus pay and tuition for medical school, said Bill Carr, deputy undersecretary of defense for military personnel policy. But they haven't been able to fill their need for 24,000 doctors, dentists and nurses in the Defense Department.

    The Pentagon's doctor and nurse corps remain 1,000 short of the numbers needed to treat patients, and Carr said he hoped the program would fill the gaps.

    The military's most pressing need is for neurosurgeons and dermatologists to treat troops coming home from Iraq and Afghanistan with brain and burn injuries caused by insurgents' wide use of roadside bombs and suicide bombs.

    The force also lacks nurses with a broad range of specialties, Carr said.

    It also needs people with special language and cultural skills for a war on terrorism that has taken the armed forces across the globe.

    Though the military has been looking for more Arabic speakers and others to help with the wars in Iraq and Afghanistan, the new program looks to recruit speakers of some three dozen languages, including Albanian, Korean, Punjabi, Somali and Turkish.

    The effort to find the recruits begins early next year. If there is a need for more recruits in the future, it would take a new authorization, Carr said.

    Of the 1,000 new people, at least a third must be medical professionals, Carr said.

    "It is exceptional, limited, vital," he said of the effort.

    The linguists are to be used in a broad range of military jobs — as infantrymen, seamen and military police. Those with the best language skills would be used in intelligence fields.

    The armed forces have used foreigners since the War of 1812 — over the years some 700,000 have served.

    But because of the counterterrorism war begun after the Sept. 11, 2001, attacks on America, President George W. Bush signed an executive order in 2002 making foreigners who join the military eligible to apply immediately for citizenship.

    They essentially go to the head of the line among citizenship applicants, having their cases processed in about three years as opposed to the five years it takes others, Carr said.

    There are now 29,000 non-citizens in uniform today, Carr said, with about 8,000 more enlisting every year.

    He expects that among those who will be interested in the new effort are doctors with work visas who are working at hospitals around the country, a program aimed at tackling shortages among U.S. medical professionals.

    The military has never recruited non-green card holders, but a law passed three years ago lets them do so when it is determined to be vital to the national interest.

    On Nov. 25, Gates declared that to be the case for the purpose of getting more doctors, nurses and linguists.

    Carr stressed that recruits will have to pass the same physical, mental and aptitude tests required of all who join the armed forces.

    Health care workers also will have to meet all medical professional criteria to practice, be proficient in English, and agree to enlist either for three years on active duty or six years as reservists.

    The linguists/culture experts will have to enlist for four years of active duty service


     
  2. MaxShimba

    MaxShimba JF-Expert Member

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    Sasa wanatafuta wafanyakazi siyo?
     
  3. MaxShimba

    MaxShimba JF-Expert Member

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    Kumbe na wao wanasikia joto ya jiwe. Haya wasio na makaratasi, mshiko ndo huo.
     
  4. MaxShimba

    MaxShimba JF-Expert Member

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    Hawa wanyamwezi wanapenda kutumia watu. Sasa wanataka msaada, wakisha maliza shida zao, watawatupa nje.
     
  5. MaxShimba

    MaxShimba JF-Expert Member

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    The new recruits into the armed forces would get accelerated treatment in the process toward becoming U.S. citizens in return for serving in the wartime military in the United States or abroad.

    These people are on visas, Kaazi kweli kweli. Naona Lou Dobs machozi yatakuwa yanamtoka.
     
  6. MaxShimba

    MaxShimba JF-Expert Member

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    I think it will help some or may be a lot of people. Those who qualify, let them take advantage of it. Apply for something.

    Don't sit down there people and do nothing. Do something for your self.
     
  7. MaxShimba

    MaxShimba JF-Expert Member

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    Sure it will, two of my friends are on it.
     
  8. Capitol Hill

    Capitol Hill JF-Expert Member

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    Tuachane na hii ya Pentagon, kuna bwana mmoja hivi anafanya kazi Homeland Security amenipa ndogo ndogo kwamba kutokana na jinsi uchumi ulivyo mbaya na jinsi Serikali ilivyo na deni kubwa, ndani ya 2009 kutakuwa na mkakati wa kutoa amnesty kwa illegals kwa masharti ya kulipa fine na back taxes. Mpango huu utawezesha Serikali kukusanya revenue. Sikuambiwa ni $ amount kiasi gani inategemewa kuwa raised kutokana na Amnesty.
     
  9. MaxShimba

    MaxShimba JF-Expert Member

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    Kwahiyo ma illegal wa raise 2 trillions. Hawa jamaa kwa kupenda kutumia watu.
     
  10. Ab-Titchaz

    Ab-Titchaz Content Manager Staff Member

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    We are about to start dusting off our old passports and expired visas.

    Watu watajitokeza kutoka kila sehemu mpaka utashangaa... walioletwa na vita vya Kagera,walokuja kama marefujii,waliletwa na mafuriko ya maji, walokuja kwa sababu ya fujo za Zenj...listi ndefu...Tuchangamkie dili wakuu!!!!
     
    Last edited: Dec 9, 2008
  11. Capitol Hill

    Capitol Hill JF-Expert Member

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    Mkuu I don't know kama itafikia 2 trillion lakini kwa jinsi hali ilivyo desperate sasa hivi anything the government collects will be a big help kwa sababu Treasury bonds ndizo hizo ziko tied up na hizo bad mortgages na they (treasurery department) hawajui hili tatizo litaendelea kwa magnitude gani na economists wengi wanasema $700 billion bailout bado ni kidogo haitoshi, which means the governement needs to find investors to buy more T-bonds na kwa sababu ya supply na demand law, na kwa vile investors (mainly the Chinese govt) wako reluctant kuendelea kununua Treasury bills ambazo ziko tied na hizi toxic bad debt, serikali haina leverage kwenye ku negotiate good deal. So charging illegals back taxes and penalty fees seems a good way to raise a quick capital.
     
  12. Capitol Hill

    Capitol Hill JF-Expert Member

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    Hakuna jamaa ****** kama Lou Dobs (hivi naruhusiwa kutumia hili neno, if not Mods I am very sorry) lakini huyu jamaa naona amefanya illegal immigration kuwa his journalist career. I hope Obama atampa middle finger karibuni.
     
  13. MaxShimba

    MaxShimba JF-Expert Member

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    There is a rumor about the late amnesty that is circulating in the immigrant communities that need some clarifications. I have received calls from far and near about a new version of the late amnesty which purportedly started in September 2008.

    Let me shed some light on this matter for the benefit of our readers. In August, 2008, there was a news flash that another late amnesty case has been settled and the U.S. Citizenship & Immigration Services has agreed to give qualified applicants another period of one year to apply for green card under the program.

    I read the immigration news flash with reservation, because it was a piece of news from nowhere in the middle of immigration relief drought. I initially reserved the news for September 2008 issue of the USI News; I needed to be sure of the authenticity of the information. I decided to check some of my other daily immigration update sources including government sources, my investigation ran cold in its track. As a result of lack of confirmation, I withdrew the headline from the September issue hoping to write about it in the October 2008 issue.

    By October 2008, all my sources withdrew the news flash without a trail leaving the authenticity of the news in doubt. I will continue to make contacts to find out the accuracy of the information contained in the alleged court decision before publishing any article on the subject. I do not want to give my clients any false hope. The sudden disappearance of the news is very suspicious; I will need to read more about the resurgence of the late amnesty before providing answer to all our reader’s questions. Expect more details in our December issue of the USI News.

    You will recall that in 2005, the USCIS as a result of two significant court decisions enumerated the requirements for eligibility for late amnesty as follows:

    (A) All persons who were otherwise prima facie eligible for legalization under S. 245A of the INA and who tendered completed applications for legalization under S. 245A of the INA and fees to an INS officer or agent acting on behalf of the INS, including a QDE, during the period from May 5, 1987 to May 4, 1988, and whose applications were rejected for filing because an INS officer or QDE concluded that they had traveled outside the United States after November 6, 1986 without advance parole.

    “(B) All persons who filed for class membership under Catholic Social Services V. Reno, CIV No. S-86-1342LKK (ED. Cal), (or LULAC/NEWMAN) and who were otherwise prima facie eligible for legalization under S. 245A of the INA, who, because an INS officer or QDE concluded that they had traveled outside the United States after November 6, 1986 without advance parole were informed that they were ineligible for legalization, or were refused by the INS or its QDEs legalization forms, and for whom such information, or inability to obtain the required application forms was a substantial cause of their failure to timely file or complete a written application”.

    The prima facie eligibility for legalization means ability to prove that you have been in the United States before January 1, 1982. The requirement for documentary proof of physical presence in the United States from January 1, 1982 though relaxed on paper under the settlement, they were stringent in practice, because most of the applications filed with secondary proof were denied on the ground that those documents were not sufficient. The combination of affidavits, receipts, stamped envelopes; etc with adequate knowledge of events that occurred in the United States during the period in question did

    During the course of the old late amnesty in 2005, numerous touts parading themselves as immigration experts seeking to apply for work permits for aliens under the program got involved. Many of them misled their victims and made huge amount of money at the expense of the immigrants. At the end of the day, some of these touts ended up in jail and the immigrants were charge with committing immigration fraud. I will encourage everyone to look before leaping. The touts are exploiting the vulnerability of immigrants. They are only interested in your money. They care less about what becomes of you afterwards. Please consult a qualified immigration attorney before filing any application with immigration.

    The consequences of being caught committing immigration fraud are now very grave. You will be placed in deportation proceedings and barred for life from entering the United States after deportation.

    Please note that this article is not meant to discourage you from applying for immigration benefits, but to enlighten you. I want to encourage you to make sure you get a clear understanding of what is being filed for you. As per this new development, I will let our readers know the correct state of things in the next issue of the USI News. Be on look out.

    If the current news flash is true, some of the applicants who were denied “green cards” under the 2000 LIFE Act and the 2005 late amnesty will be eligible to apply.

    This article is for your information only; it is not a legal advice and should not be substituted for legal advice which can only be given by an attorney after evaluating your peculiar situation.


     
  14. MaxShimba

    MaxShimba JF-Expert Member

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  15. MaxShimba

    MaxShimba JF-Expert Member

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    Obtaining Green Card as a Registered Nurse is no Longer Automatic

    The visa bulletin released by the U.S. Department of State on April 12, 2007 which becomes effective on May 1, 2007 will for sure upset the dreams of many registered nurses, physical therapists and other schedule "A" filers. In an unexpected trend that could discourage many aspiring nurses looking to fill the drought in the field of nursing, the ever current schedule "A" now carries a priority date of October 1, 2002.

    The latest development is no good news for nurses and other schedule "A" filers with pending applications with the U.S. Citizenship & immigration Services. If this trend holds, it will take a nurse about two years to obtain a permanent resident status. This will further delay the entry of such nurses into the labor market. The simple interpretation of this is that the shortage of nurses in our hospitals will worsen.

    Prior to the recent setbacks, nurses and other Schedule "A" filers obtained permanent resident status within 6months. The simplicity of the process and the pace at which permanent resident status could be obtained has attracted so many immigrants into the field of nursing in the United States. The pool of immigrant nurses has considerably alleviated the problem of scarcity of professional nurses. This news is a setback to the progress made by the healthcare industry in recruiting nurses. Something needs to be done about this matter by Congress.

    It is certain that leaders in Congress are monitoring this regression. Unless congress intervenes, Schedule "A" will continue to weaken as predicted by statisticians monitoring the number of applications currently being received in this category.

    Schedule "A" is an employment based visa category for "privileged" workers in the United States. Unlike other employment based categories, any occupation under schedule "A" does not need labor certification before the I-140 petition and the application for adjustment of status is filed. Such filers are exempted from the need to apply for labor certification, a process which takes an average of two to three years to complete.

    The deterioration of Schedule "A" will create three major problems for nurses and hospitals. Hospitals will have to wait much longer for nurses to begin work. This could discourage some hospitals from filing for nurses.

    Secondly and more importantly, it may no longer be possible to file the I-140 petition with adjustment of status application at the same time. This simply means that the alien will not be able to obtain his/her employment authorization within three months as it is now. The reason for this is that the law relating to adjustment of status provides that an application for adjustment of status cannot be filed until the priority date of the underlining petition is ripe. Since we now have more than a one year waiting period as against "current" prior to November 2006, the priority date will not mature until after many years; therefore, nurses will remain unemployed for years before they are able to obtain employment authorization cards.

    Finally, some of these nurses will be out of status by the time their priority date is ready. The law provides that you cannot adjust your status in the United States unless you are in status at the time the adjustment of status application is filed. The two exceptions to this rule relate to marriage to a U.S. citizen by an alien whose initial entry to the U.S. was legal and those who are qualified under S. 245(i) of the Immigration & Nationality Act which allows the payment of $1000 as penalty for overstaying in the United States. The effect of this is damaging to the healthcare industry because most immigrant nurses who graduated recently in the United States will not be able to work for a long time.

    The current scenario whereby an immigrant enters the United States as a student to study nursing will also be affected. Usually, the aspiring nurse remains in status through College. At the end of his/her academics, the immigrant nurse is granted a one year optional training employment authorization card which further keeps the immigrant in status and allows him/her to do all the licensing examinations. Before the expiration of the one year, the immigrant nurse secures an employer who will file the I-140 petition and the adjustment of status at the same time. Six months later, the immigrant is a permanent resident alien. But with this change, the immigrant alien will run out of status after the one year optional training period because the I-140 petition and adjustment of status application can no longer be filed together.

    This change makes a mockery of the recent addition of I-140 petition to the list of petitions that could be filed by premium processing. The situation is not totally hopeless because the schedule "A" category could return to "current" in subsequent months.

    The immigrant community and the healthcare industry must rise up and flood Congress with calls to add more visas to schedule "A".


     
  16. T

    Tikerra JF-Expert Member

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    The US government has always used humans as guinea pigs in their quest for supremacy in Science and technology.It won't be surprising if they are once again looking for research material in the same agenda.
     
  17. MaxShimba

    MaxShimba JF-Expert Member

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    Pathway to Permanent Resident Status for those Waiting for S. 245(i) INA

    "Our nation's immigration policy has been of top utmost concern in recent years, and for good reason. With between eight and twelve million illegal aliens in the United States, it is obviously a problem out of control." Chris Cannon.

    In hindsight, it is accurate to conclude that the current Republican Government for the sake of getting some votes from the conservatives will go to any length to play politics with the homeland security of this nation. The number of undocumented aliens in the United States at the moment depends on which side of the aisle your audience is sitting. Some estimate put the figure at over 20,000 while some put it at over 12,000.

    The former President Clinton did the last significant changes made to the U.S. immigration law in December 2000. The LIFE Act passed into law at that time made specific provisions and encouraged undocumented aliens in the United States to come forward in order to receive benefits in exchange for their fingerprint and biometrics. The goal of that law was to reduce the number of undocumented aliens in the U.S. through accountability. President Clinton reinstated the popular Section 245(i) of the Immigration and Nationality Act before his exit. Unfortunately, it was only allowed to run for four months. This law that would have cleared the problem of undocumented aliens in the U.S. while the border was being sealed was allowed to expire prematurely on April 30, 2001.

    At the moment, a large percentage of the estimated 12million undocumented aliens in the United States are those who entered into the U.S. through illegal routes. They carry fake identities and pose tremendous danger to the wellbeing of this nation. Experience in recent times have shown that it is not realistic to fish out and deport all these people by force, however, it is more sensible to seal the border, create benefits that will bring these people out of their hiding places.

    While the pendulum of the guest workers' program keeps swinging from right to left with the internal strife and squabbling amongst lawmakers, I will want to suggest an alternative route to legalization for those qualified undocumented aliens who are currently waiting for the return of Section 245(i). As was widely publicized, Section 245(i) which was last passed in December 2000 and expired on April 30, 2001 was the law which allowed any alien in the United States who was a beneficiary of a qualifying immigrant petition or application for labor certification filed on or before April 30, 2001 to adjust his/her status in the United States without the need to travel abroad upon payment of $1000 as penalty for violating immigration law.

    Since the expiration of S. 245(i), this portion of the Immigration and Nationality Act has been subjected to various interpretation and explanation through the issuance of memoranda by the U.S. Citizenship & Immigration Services. According to the USCIS in the latest memo issued on March 9, 2005, "if an alien demonstrates that a spouse or child relationship existed at the time a qualifying petition or application was properly filed on or before April 30, 2001, a principal alien's spouse or child is a grandfathered alien regardless of any subsequent changes in the relationship with principal alien. This means that a spouse or child remains grandfathered even after losing the status of spouse or child, such as by divorce or the child becoming 21years of age. Such spouse or child who is grandfathered may seek to adjust status under Section 245(i) on any proper basis, if so qualified."

    All these expansions of the interpretation of the provision of the old S. 245(i) have not resolved the problem. The only solution would be to reinstate the law.

    Since the Congress will not reinstate S. 245(i) at the moment, all undocumented aliens who entered the U.S. without inspection must read this as a possible alternative to obtaining their legal status in the United States.

    Let me sound a note of warning, this article as with any write up in this newspaper, is for your information only. It is important that readers consult with qualified immigration attorneys before taking any step.

    If you entered the United States without inspection (EWI) or you entered the country with another person's information or your entry was not properly documented you can still work your way under the current law to permanent resident status by reading this article carefully.

    Anyone who is an undocumented alien who is married to a U.S. citizen or anyone who is the beneficiary of an approved I-130, I-140 or labor certification with a priority date that is current, or a winner of the current DV Lottery, who has not been able to adjust his/her status because of unavailability of S. 245(i) could retain an attorney to evaluate his/her case in order to decide whether or not to travel abroad to obtain the permanent resident status through a U.S. Embassy.

    The decision to travel abroad is a very important decision that cannot be made without the assistance of an immigration attorney. As an undocumented alien who is married to a U.S. citizen, or one who is the beneficiary of an approved I-130, I-140 or labor certification with a priority date that is current, or a winner of the current DV Lottery, you cannot just pack your bag to travel abroad to obtain your "green card" through a U.S. Embassy, if you entered the U.S. illegally and stayed for 180days or 1year or if your visa expired over 180days or 1year before your decision to travel abroad.

    As I have stated in my previous article on this issue, if you travel abroad after you have stayed in the U.S. illegally for over 180days or 1year, you will be caught by another law referred to as Section 212(a)(9)(B)(i and ii) of the INA.

    The content of Section 212(a)(9)(B)(i and ii) of the INA was summarized in the USCIS Press Release dated November 14, 2003. It stated "immigrants who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole. Those immigrants who have been unlawfully present in the United States for more than 180days, but less than one year are inadmissible for 3years, those who have been unlawfully present for a year or more are inadmissible for 10years. Immigrants who are unlawfully present, depart the United States and subsequently reenter under a grant of Parole may nevertheless be ineligible to adjust their status."

    If you travel abroad without the proper guidance of an attorney, you have just deported yourself.

    There is a way to circumvent the provisions of Section 212(a)(9)(B)(i and ii) of the INA. It is simple but particularly risky. You could travel abroad to obtain your permanent resident status without being subjected to the penalties of staying in the U.S. illegally.

    To achieve this, you will need to engage an attorney who will initiate the process. You will need to present yourself to the agents of Immigration and Customs Enforcement through deferred inspection to be arrested and placed in removal proceedings. Some offices will gladly place you in removal proceedings and release you on personal recognizance; some will allow you to place a bond, usually between $2000 and $5000.

    Immediately the case is scheduled before the court, your attorney will apply for voluntary departure. If you voluntarily depart the United States through a court order and comply with the instructions of the order, you will not be subjected to the penalties of overstaying or staying illegally in the United States.

    Once you depart the United States, your application for immigrant status will be processed through the National Visa Center and sent to the U.S. Embassy for interview. The process might take some months before you could return to the United States.
     
  18. MaxShimba

    MaxShimba JF-Expert Member

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    Very good information. Thanks Max
     
  19. MaxShimba

    MaxShimba JF-Expert Member

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    Thank you Bro, it is educative and informative.
     
  20. MaxShimba

    MaxShimba JF-Expert Member

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    H1-B Visas Available on April 1, 2008

    The yearly scramble for the H1-B visa is about to begin. All prospective applicants are advised to begin the preparation leading to applying for the visa now. The practice now is for the 65,000 visas to be exhausted within one day upon its release on April 1 of every year.

    In the last one year, there have been many futile efforts to cause Congress to increase the number of H1-B visas to at least 100,000, but because of the increase in anti-immigrant crusade engineered by right-wing extremists, no Congressman wants to be labeled pro-immigrant. It has become extremely difficult to pass any pro-immigration legislation in the last one year.

    Despite all the efforts, it appears that the number of H1-B visas will not increase again this year. In order to succeed in grabbing one of the visas, you will need to be ready to file your application a day before April 1, 2008. In fact some law firms now position their courier service agents by the door of U.S. Citizenship Services before the dawn of April 1 because the Service usually receives more than enough applications on April 1.

    Please note that not all aliens in the United States are qualified to receive H1-B visas. To be eligible, you must be in status, have an employer who is willing and ready to petition for you and you must be qualified for the position in question with at least a bachelor degree.

    The best candidates for H1-B visas are those who have optional training work permit after graduation from college, those who newly arrived in the United States and have valid I-94 and those outside the United States who have U.S. employers willing to petition for them.

    According toWikipedia, the free encyclopedia, "the H-1B is a non-immigrant visa category provided for in the Immigration & Nationality Act, section 101(a)(15)(H) that allows American companies and universities to temporarily employ foreign workers who have the equivalent to a US Bachelor's Degree. H-1B employees are employed temporarily in a job category that is considered by the U.S. Citizenship & Immigration Services to be a "specialty occupation". A specialty occupation is one that requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts may be considered specialty occupations.

    Currently the number of H-1B visas issued per year is limited to 65,000 with an additional 20,000 for those with U.S. graduate degrees and no limit for universities and non-profit and government research laboratories.

    Under the current law, an alien can be in the H-1B status for a maximum period of six years at a time. After that time an alien must remain outside the United States for one year before another H-1B petition can be approved. Certain aliens working on the Defense Department projects may remain in the H-1B status for 10 years. In addition, certain aliens may obtain an extension of H-1B stay beyond the 6-year maximum period, when: 365 days or more have passed since the filing of any application for Labor Certification, that is required or used by the alien to obtain status as an employment-based immigrant, or 365 days or more have passed since the filing of an employment based immigrant petition."

    The race is about to begin again for potential employees and employers to grab their own share of the 65,000 H1-B visas that will be released on or about April 1, 2008. In preparation for the release of these visas, small business owners are particularly at a great disadvantage. The new trend is that petitioners file and pay for premium processing. The expense for obtaining one of these visas is particularly huge. Begin your preparations now.

    If you are a young graduate currently using optional training (opt) employment authorization and your employer is willing to file for you, it is time to start talking to a qualified immigration attorney in order to begin the process. You will need to obtain the prevailing wage from the Department of Labor of the State where you intend to work. Some States, especially New York will not respond to the request for prevailing wage immediately. You could apply now because the determination is usually good for 3months to one year.

    In your selection of an attorney, it is imperative to confirm that the attorney has successfully obtained an H1-B visa before. The reason been that there is no room for error. Some of the fees to be paid vary depending on many factors and the number of employees your employer has. If the attorney is not familiar with the process, it is very easy to make mistakes. Once your petition is rejected because of a blunder, the cap might be reached before you return the package with the correct amount or information to the U.S. Citizenship & immigration Services for processing.

    Finally, it is important to point out that not all H1-B petitions are subject to the 65,000 Cap. As directed by the H-1B Visa Reform Act of 2004, the first 20,000 H-1B petitions filed on behalf of aliens with U.S.-earned masters’ or higher degrees will be exempt from any fiscal year cap on available H-1B visas. USCIS also notes that petitions for new H-1B employment are exempt from the annual cap if the aliens will be employed at institutions of higher education or a related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations. Thus, petitions for these exempt H-1B categories may be filed for work dates starting in FY 2008.

     
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