Category Archives: Immigration News

Current US immigration and visa news and developments

H1B Visa Lawyers & Support Sites

One thing we would like to add to our H1B Visa News post relates to the need for legal representation and lawyers for your H1B visa process since it is a common question we get all the time. Technically US Immigration law requires your company to pay for all legal costs if they choose to use that option as well as all H1B visa application costs.

Now we know many of you choose for your own peace of mind or due to the nature of your company that you end up paying for the lawyer yourself for the process. Please note that using a lawyer does NOT guarantee or all things being equal enhance your chances of getting an H1B visa. In truth the reason why immigration lawyers are so highly regarded is because most legitimate companies who employ foreign nationals to the US, especially the top H1B employers like Microsoft, Google, etc. will always use lawyers. Because companies like these always follow the law to the letter and hire talented and highly qualified individuals to legitimate positions, they tend to have their applications approved almost always. Thus the immigration lawyers have a high success rate with H1B visa petitions.

However with individuals where the company refuses to not only pay legal costs but also often requires the applicants to directly pay or at the least reimburse the sponsor employer company partially or wholly the H1B application costs, I’ll bet their success rate is far lower given the above and that the candidates also may not be as highly credentialed and/or the employer and position to quite as specialized (and in some cases even legitimate to the H1B visa regulations).

However I would also be willing to bet in a large proportion of cases their profit margins are higher and their due diligence is not at the level say for an Immigration attorney retained by Microsoft for their foreign nationals. This is because they would be dealing directly with foreigners with less knowledge of US Immigration law or the legal process in general and often very desperate in their state of mind looking for any type of reassurance.

So in summary my caution to all of you H1B visa hopefuls this year not to be tricked or overcharged by Immigration lawyers and to talk to many people and try to get referrals from people you trust if you are engaging a lawyer. Also be fully aware of the actual official H1B visa application costs above so you know exactly what your lawyer is supposedly charging you and request itemization of your bills so you know what they are you charging you for.

Also additionally be aware of the H1B visa support sites that supposedly help you find jobs, employers, arrange US Job Interviews, help you with your US style resume, etc. Most of this information is freely available online and also on this from the links just here as well as many other official sites like Monster to help you with your resume of USCIS Government official sites for the list of past US Visa Employers.

There are also many non-profit and Immigrant support groups that you can look up that if nothing else are great sources of support and reassurance during this uncertain time. Also check out websites like foreignborn.com as well as our own visa and immigration resources section.

Good Luck,

CJ

Business StartUp Visa for US

On February 24, the first positive US Immigration reform legislation was officially introduced to Congress co-sponsored by Senators Kerry (D-MA) and Lugar (R-IN). As you know we strongly opposed the H1B visa and L1 visa reform legislation introduced to Congress by Senator Durbin (D-IL) and Senator Grassley (R-IA) as being short-sighted, anti immigrant and ultimately bad for the US and the US economy.

So this new bill titled the StartUp Visa Act of 2010 has been what many venture capitalists, industry leaders in the Silicon Valley and technology space and prominent academics like Vivek Wadhwa had been calling for to help drive job creation and increase America’s global competitiveness by allowing immigrant entrepreneurs to remain in the US and innovate. Ultimately bringing great wealth to the US, thousands of new jobs to the US economy and ultimately prosperity to the US economy and people as a whole via greater tax revenues.

There is great precedent for this as according to American Made: The Impact of Immigrant Entrepreneurs and Professionals on U.S. Competitiveness, a 2006 study commissioned by the National Venture Capital Association, 25% of U.S. public companies that were backed by venture capital had immigrant founders. The list reads like a who’s who of the tech industry with Intel, Sun Microsystems, eBay, Yahoo and Google. Additionally of current venture funded organizations, that number rises to 50% for immigrant founded companies.

So you can see we are talking about millions of Americans directly and indirectly employed and involved in these industries and a huge injection to the US economy as a whole that if it didn’t exist in whole or partially would mean a radically different US today and most probably a completely new world economic superpower where these companies did reside.

Essentially a new visa category would be created called EB-6 for immigrant entrepreneurs, and take a portion of visas from the current EB-5 visa category which allows foreigners who invest a minimum of $1 million into the U.S. economy, and create ten jobs to be able to get a green card.  The EB-5 has many strict conditions attached to it, including around location of operation making it a less desirable option.

The StartUp visa will be made available to qualified candidates if they can suffice the following criteria;

– have a qualified venture capitalist or angel investor that has invested a minimum of at least $100,000 per immigrant founder, totaling a minimum amount of $250,000
– following proof of securing the initial funding capital, after two years, the immigrant can show that he or she has generated at least five full-time jobs in the United States (beyond immediate family members), and attracted another 1 million in investment funding or generated $1 million in revenue, then that person would receive permanent resident status (i.e. a green card)

Already as mentioned this has wide industry support but no doubt the dark forces of short-sighted lobby groups, bigoted members of society and dopey congress people will no doubt not see any of this overwhelming evidence and try and torpedo this effort at true US Immigration reform that benefits the country.

To read some extra details about this new StartUp Visa and the full Act itself go to the highlighted link.and also sign their petition in support of the legislation.

CJ

P.S. There is a major Immigration Rally taking place in Washington DC on Sunday March 21  organized by over 700 committed organization championing real change and you can click on the link to either participate or support this great cause.