“H-1B CAP” - EMPLOYERS SHOULD ACT NOW
Congress has established an annual fiscal year limitation of 65,000 H-1B Visas. This is commonly referred to as the “H-1B Cap”. We at the Law Offices of Curtis Pierce strongly advise employers seeking to employ a foreign national on an H-1B Visa for fiscal year (FY) 2008 to begin preparation at this time so as to be able to file visa petitions with the U.S. Citizenship and Immigration Services (USCIS) on April 1, 2007. The cap for FY 2007 closed on May 26, 2006, well before the fiscal year began on October 1, 2006. Due to the limited availability of initial H-1B visas, many large corporations are already preparing thousands of petitions for immediate filing in April. Accordingly, we advise all employers to file H-1B visa petitions for prospective employees on April 1, 2007, or immediately thereafter since the cap is anticipated to close early.
CURTIS PIERCE IS FEATURED IN COVER STORY OF THE JANUARY 2007 ISSUE OF CALIFORNIA LAWYER MAGAZINE
In the January 2007 issue of CALIFORNIA LAWYER MAGAZINE, immigration attorney Curtis Pierce is featured in the cover story for his representation of a young, French speaking refugee from Republic of Congo. See the feature story below.
USCIS PROPOSES DRAMATIC FEE INCREASES FOR IMMIGRATION APPLICATIONS.
The fee increases were published in the Federal Register. Under the proposed increase, the form I-485, Application to Register Permanent Residence or Adjust Status would increase from $325.00 to $905.00. The fee for a work permit (form I-765) would increase from $180.00 to $340.00. These are just two examples. The Federal
Register published on February 1, 2007 contains the proposed rule.
USCIS Director Emilio Gonzalez alluded to the fact that faster service costs money.
“As a fee-based agency, we must be able to recover the costs necessary to administer an efficient and secure immigration system that ultimately improves service delivery, prevents future backlogs, closes security gaps, and furthers our modernization efforts,” said Gonzalez January 31 in announcing the proposal.
Many individuals eligible for immigration benefits will find these increases cost prohibitive. The American public only has 60 days to respond. Representative Zoe Lofgren, San Jose Democrat, chair of House Judiciary Subcommittee on Immigration is among those opposing the across the board fee increase.
To comment on the proposed fee increases, submit written comments to one of the following:
- Federal eRulemaking portal: http://www.regulations.gov.
- Fax: Federal eRulemaking portal, 866-466-5370.
- Mail: Director, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Ave., N.W., Third Floor, Washington, D.C. 20529. Make reference to DHS Docket No. USCIS-2006-0044 on correspondence.
- Hand Delivery/Courier: Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Ave., N.W., Third Floor, Washington, D.C. 20529. Phone number 202-272-8377.
ONLINE ADDRESS CHANGE
How do USCIS customers file a change of address? New technology allows filing online with the web based system implemented in January 2007. Non-citizens should be attentive to this new information. Non-citizens are legally required to inform USCIS of any address change within ten days of their move. Form AR-11 (Alien Change of Address Card) must be completed. http://www.uscis.gov/files/pressrelease/OnlineCoA.pdf
PRESIDENT BUSH SIGNS H.R. 4997, the "Physicians for Underserved Areas Act".
Awaited legislation was signed by President Bush pertaining to the J-1 visa program for foreign doctors who work in medically underserved areas of the United States. The bill had passed in the House of Representatives by a voice vote on 12/6/06 and had been passed in the Senate unanimously on 12/9/06. On 1/12/07, President Bush signed the bill which addresses physician shortages and attempts to improve public health. H.R. 4997 will extend for two years a visa waiver program and will allow foreign doctors who work in underserved areas to remain in the country after completing their medical training. Usually J-1 visa holders who come to America for medical or graduate studies are required to leave the country for two years before applying to return. A 1994 law (PL 103-416) created a program to waive that requirement for foreign physicians who agree to spend three years working with patients in medically underserved areas. The authorization for the program expired on June 1, 2006. H.R. 4997 will reinstate the visa waiver program for a period of two years.
The cover story of the January 2007 edition of California Lawyer magazine is written about an asylum applicant Curtis Pierce is currently representing. Administrative law judge Bill Blum wrote the article “Crossing to Safety” which asks hard hitting questions about the nature of the immigration court system by focusing on the case of attorney Curtis Pierce’s client, Ousmane Bathily, a 21 year old native of the Republic of Congo.
Mr. Bathily speaks Fulani, a West African language, and French. He was referred to Curtis Pierce by another of Pierce’s French speaking clients. Curtis Pierce has a passion for languages and is fluent in both French and Spanish. He lived in France for five years and taught U.S. constitutional law at the Sorbonne for three years. After returning to his native Los Angeles, he dedicated himself to learning Spanish in order to serve the growing Latino community. Mr. Pierce speaks Spanish con orgullo. His linguistic abilities facilitate connection with his Francophone and Latino clients.
The Republic of Congo, also know as Congo-Brazzaville, has a turbulent recent past characterized by ethnic and regional divisions as well as battles among warlords. After a bloody civil war in 1997, General Denis Sassou-Nguesso, supported by Angolan troops, became president of Congo. Those allied with exiled president Pascal Lissouba, were forced into hiding. Among them was the family of Ousmane Bathily. The family belongs to the southern Lari tribe.
Bathily’s father was murdered by the northern based Cobra militia, the troops of the current president. The country’s off-shore oil reserves are coveted by rival factions in the country and civil war militias are still active in some regions.
After his father’s 1997 murder, Mr. Bathily, his mother and sister were forced to flee. Mr. Bathily is seeking asylum based on a well founded fear of persecution. The hearing on the merits is calendared for April 2007.
In discussing this case, Bill Blum wrote that “Bathily’s fate will rest in large part with Pierce. If credentials are any indication, Pierce has all the necessary tools and talent.”
Since Ousmane Bathily’s picture and story were featured in California Lawyer, we at the Law Offices of Curtis Pierce have received several phone calls and e-mails wishing him well. Because of the public interest in this compelling case, we will update this story in future editions of the newsletter.
Community Involvement:
In December 2006, Curtis Pierce participated in a pro bono legal question and answer session at the Resurrection Church on Opal Street in East Los Angeles. The event was sponsored by Los Angeles County Bar Association. Mr. Pierce answered questions on a wide range of immigration issues, mostly by Spanish speakers.
Quotes from the Candidates:
November 4, 2008 is approaching. At the Law Offices of Curtis Pierce, we will keep you informed of the presidential candidates’ statements, positions, threats, and promises on the subject of immigration. Watch this column develop in the next twenty-one issues of our newsletter before the presidential election.
Barack Obama - U.S. Senator for Illinois
“It behooves us to remember that not every single immigrant who came into the United States through Ellis Island had proper documentation. Not every one of our grandparents or great-grandparents would have necessarily qualified for legal immigration. But they came here in search of a dream, in search of hope. Americans understand that, and they are willing to give an opportunity to those who are already here, as long as we get serious about making sure that our borders actually mean something.”
Floor Statement of Senator Barack Obama on Immigration Reform, April 3, 2006.
Barack Obama, the son of an immigrant from Kenya, was active in crafting the immigration bill that the Senate passed before the 109th Congress adjourned in 2006. He offered three amendments that were included in the bill.
1. The first amendment would strengthen the requirement that a job be offered at a prevailing wage to American workers before it is offered to a guestworker.
2. The second amendment would theoretically make it simple, but mandatory for employers to verify that their employees are legally eligible to work in the United States.
3. The third amendment would authorize $3 million a year for the FBI to improve the speed and accuracy of the background checks required for immigrants seeking to become citizens.
For more information on Senator Obama’s position on immigration, see his senate webpage.
Coming Soon:
CPVISA.COM NEWSLETTER EN ESPANOL
Look forward to our newsletter in Spanish. At the Law Offices of Curtis Pierce, we endeavor to reach out and expand our client base and to meet the needs of all of our clients. Our newsletter will soon be available in both English and Spanish.
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