- to go to College legally
- access student loans and in state tuition rates
- apply for a social security number
- work legally
- access social support benefits
- and of course after becoming a citizen, vote in state and federal elections

In general, Democrats have been supportive of the most well known and proposed legislation that has existed as pending legislation in various forms for over 10 years. From a political standpoint this has largely lined up with their base being more supportive of the Hispanic demographic, the poor, minorities, being more supportive of a social safety nets and otherwise more all encompassing immigration policies.

However with Hispanic voters being both the largest minority voting block and the fast growing by far of all ethnic groups in the US, Republican politically candidates across the US including the Presidential candidates like Mitt Romney are acutely aware of not alienating this large bloc. It has profound consequences for many both many states today in deciding the Presidency in 2012 but also for future elections. Aware how as a party after the Civil Rights movements in the 60s, when Republicans lost the majority of the African American vote to Democrats, never to return to date, they desperately do not want to lose the majority of another ethinic group predicted to be 40% of the entire US population in 2050.

Enter Dream Act 2.0 as it has been dubbed by many, authored by Republican Florida Senator and Cuban American, Marco Rubio. This takes the original intention of the Dream Act and scales it back without criminalizing these kids of illegal immigrant parents. Essentially instead of providing a direct path to US citizenship, it provides an indirect and uncertain path to US citizenship for all groups except for ones who join the military who will receive a green card after serving.

All others will essentially be eligible for non-immigrant status which is really a fancy (and many say demeaning) way of saying they are eligible for work visas like the H-1B and student visas like F-1 which are the same visas that foreigners can apply for to come to the US. Then from that point via either relevant employer based applications, marriage to a US citizen or legal resident family sponsorship they could get access to a green card albeit with no guarantees and waits of up to 10 years or more.

So is it a good thing if you are a child of illegal immigrant parents?

Well the reality is anything is better than the current situation where they can’t attend college, work legally, travel outside the US, get legal IDs, access to many forms of private healthcare or have any path to normal sort of life with a constant threat of deportation. However you only have to talk to current foreigners to realize how bad and unfair the current Immigration System, Green Card opportunities and Wait Times are.

For example Mexican nationals after going through the 12-18 month green card application process under a status like EB-3 (which is common for professionals with a Bachelors Degree and less than 5 years of experience) will have a waiting period of over 10 years by current wait times before being eligible for a Green Card. (to note; the H-1B length is 6 years for regular maximum).

Ultimately while Democrats have for years for political reasons pandered to the Hispanic voting bloc, the so-called Dream Act 2.0 is a poor imitation of the original designed to curry a little favor to Republicans from the same group. However make no mistake, non-immigration status in many ways is only a small notch above illegal status with constant uncertainty and no clear path to permanency. Additionally adding a whole new bloc of people to the already long waiting queues for Green Card status will only increase wait times for everybody.

Cj

©2012 E3 Visa. All Rights Reserved.

The increases are supposed to be for increased demand in visas abroad along with facilities and staffing costs, however given the H-1B visa general demand over last 3 years is down significantly along with many other visas, not sure the logic holds up. Combine that with the huge US Budget shortfalls and this is an easy political move to increase revenue while not annoying actual voters.

As we said a majority of categories of nonimmigrant visa processing fees will increase, the fee for E visas (treaty-traders and treaty-investors as well as the E3 for Australians) and K visas (for fiancé(e)s of U.S. citizens) will decrease.

Nonimmigrant Visa Processing Fees

Immigrant Visa Processing Fees

©2012 E3 Visa. All Rights Reserved.

On November 22, 2011, the H1B visa quota has been reached according to the USCIS and they will no longer accept new H1B visa petitions for this current year as they assume the applications on hand will fulfill the current quota

This equates to about about a 15,000 increase in the main cap in the last 10 days which is a massive acceleration given that in September we were not even half way through either the Advance Degree Exemption cap or the Main cap. The Advanced Degree Exemption category which is now fully exhausted for this H1B visa season cycle as at October 21 for the 20,000 visas.

It should be noted that the related H-1B1 visa for Chilean and Singaporean citizens are not included in this cap which is about 6,800 set aside each year but is rarely filled and unused from the previous year are used in the current year. These are still being accepted for FY2012.

Congrats to all those who were successful this year and good luck to those on F1 Visa OPT for next year which would begin on April 1, 2012. It may well be a more competitive year next year so would be good to begin your search now and plan ahead.

Cj

©2012 E3 Visa. All Rights Reserved.

As October 1st is the start of the new year otherwise known as FY2012. That means if you have already been approved for an H1B visa since April 1, 2011, your new visa has already taken effect and you can legally begin working for your sponsor employer now. It also means that if you are sponsored now, given how long the application process takes even with premium processing, you will be able to start working immediately which is a great selling point for foreigners to a prospective employer and sponsor as opposed to earlier in the year.

So as of November 18, 2011, which is the most recent H1B quota update the USCIS has announced. There are currently 61,800 petitions to count towards the general 65,000 H1B visa cap which only includes petitions that are approved or pending. Anything that has already been denied is not included.

This equates to about another 5,500 increase in the main cap since the last USCIS update on November 14 which is a light slowing of the H1B visa approval acceleration of September to mid October. The Advanced Degree Exemption category which is now fully exhausted for this H1B visa season cycle as at October 21 for the 20,000 visas.

In the last weeks the main cap has gone up by over 10,000 and the Advanced exemption quota is almost complete so if you are a foreigner looking work in the US and be sponsored by a employer, don’t delay because for whatever reason there is certainly an acceleration happening in recent times.

Remember if you have a US graduate degree and eligible for the Advance Degree additional cap, that now that cap is exhausted your application just falls under the main H1B quota.

(It should be noted that the related H-1B1 visa for Chilean and Singaporean citizens are not included in this cap which is about 6,800 set aside each year but is rarely filled and unused from the previous year are used in the current year)

So it would seem that there is plenty of visas still available and judging by the moderate amount of applications received thus far, traditional H1B visa sponsor companies are still nowhere the levels of hiring they were in 2006-8,

Good Luck to All Who Are Searching!

Cj

©2012 E3 Visa. All Rights Reserved.

Today we thought we give an update as released by the US Government as the nature of Deportations of foreigners from the US in the fiscal Immigration year FY-2011. We don’t really have an opinion on this as we don’t know anything about any of the individual cases or much about deportation generally as a US Immigration issue. Certainly for convicted violent felons who happen to be foreigners it is hard to feel much sympathy when you think the many thousands of foreigners who are want to come to the US legally or those that are already here on waiting lists for more permanent status like a Green Card or US Citizenship.

However deportation is something that any Immigrant who is not a US citizen certainly faces as a reality of the status whether due to fault of their own or things beyond their control. So it is important to be aware of what is going on in the world of US Immigration as far as deportation is concerned. In the past we have written specifically about the cases of deportation of people who were already approved and received an H1B visa from the US consulate for dubious and yet fully unknown reasons at best.

So exactly 396,906 foreigners were deported in FY2011 of which about 55% had either a felony or misdemeanor conviction for some crime committed within the US. Unfortunately this crime rate was up about 89% from 2008 levels and possibly could be attributed to the more bleak economic picture and bad job situation meaning many of these immigrants who are living close to the poverty line were following a trend that is all too common with crime and bad prospects for prosperity. This also includes people who were found to have re-entered the US after being ordered to leave or violating an earlier order to leave the country.

Let’s hope that these negative statistics with both deportation and violent crimes committed by foreigners trends back down in next period and that positive legislative efforts and reforms are made to make the whole US Immigration system fairer for all.

Cj

©2012 E3 Visa. All Rights Reserved.

As October 1st is the start of the new year otherwise known as FY2012. That means if you have already been approved for an H1B visa since April 1, 2011, your new visa has already taken effect and you can legally begin working for your sponsor employer now. It also means that if you are sponsored now, given how long the application process takes even with premium processing, you will be able to start working immediately which is a great selling point for foreigners to a prospective employer and sponsor as opposed to earlier in the year.

So as of October 21, 2011, which is the most recent H1B quota update the USCIS has announced. There are currently 46,200 petitions to count towards the general 65,000 H1B visa cap which only includes petitions that are approved or pending.
Anything that has already been denied is not included.

Additionally at October 21, 20,00 petitions have now been received for the US Advanced Degree exemption quota portion of the H1B visa cap which means the USCIS are saying that they consider all future application will go towards the main cap.

This equates to about a 2,900 increase in the main cap since the last USCIS update on October 14 which is probably been the fastest period of growth since the beginning and a 400 increase in the Advanced Degree Exemption category which is now fully exhausted for this H1B visa season cycle.

In the last 6 weeks, the main cap has gone up by almost 14,000 and the Advanced exemption quota is almost complete so if you are a foreigner looking work in the US and be sponsored by a employer, don’t delay because for whatever reason there is certainly an acceleration happening in recent times. (i.e. if this was the normal rate from the beginning, the full 85,000 H1B cap would have been exhausted in just over 6 weeks sometime in mid to late May following the April 1 opening)

Remember if you have a US graduate degree and eligible for the Advance Degree additional cap, that now that cap is exhausted your application just falls under the main H1B quota.

(It should be noted that the related H-1B1 visa for Chilean and Singaporean citizens are not included in this cap)

So it would seem that there is plenty of visas still available and judging by the moderate amount of applications received thus far, traditional H1B visa sponsor companies are still nowhere the levels of hiring they were in 2006-8,

Good Luck to All Who Are Searching!

Cj

©2012 E3 Visa. All Rights Reserved.

However numerous independent studies by Vivek Wadhwa and others have shown that this is not the case and the influx of these (largely) high skilled immigrant and both filled skill shortages in the US economy. This is due to the very low amount of US students who study Engineering, Science and Technology degrees in College due to the higher degree of difficult associated with these disciplines.

The net effect to the economy has been hugely positive with companies like Google, Microsoft, Facebook and Apple benefiting greatly from this high skill source of labor and their products and thus revenue benefiting the US economy as a whole.This is not even accounting for the fact that over half of all Silicon Valley start ups being founded by foreigners in recent years and the companies include the biggest and most well know brands like Google, Yahoo, eBay, Paypal, etc.

However according to the CEO of the NASDAQ Exchange, this is only the tip of the iceberg. Robert Griefeld told a US Senate hearing last week that according to the National Federation for American Policy says that for every H-1B worker requested, US technology companies increase their overall employment by five workers.

He went on to argue that “Reform must convey economic priorities about job growth and global competitiveness. Increasing H-1B visas is simply not enough. We need to admit and keep entrepreneurs here so that the creative dynamic of our economy is enhanced by the very best skills and minds,”. “Whether in Silicon Valley, Austin, Chicago, or anywhere else in the United States, I hear from CEOs that theH-1B visa system is inadequate for today’s human capital marketplace and the backlog for green cards and what they mean to the quality and the uncertainty of the lives of these foreign-born employees is a legitimate threat to their businesses.”

This is powerful language backed up by facts (rather than partisan short sighted rhetoric) coming from someone as successful and knowledgeable as Griefeld hopefully will sway enough in Congress to overhaul the current H1B Visa, L1 Visa, E3 Visa, F1 Visa OPT and Green Card process such that ultimately the US as a whole will continue to remain at the forefront of technology, new energy and the global economy.

Cj

©2012 E3 Visa. All Rights Reserved.

So as of July, 2011, which is the most recent H1B quota update the USCIS has announced. There are currently 22,700 petitions to count towards the general 65,000 H1B visa cap which only includes petitions that are approved or pending.
Anything that has already been denied is not included.

Additionally 13,800 petitions have been received for the US Advanced Degree exemption quota portion of 20,000. It should be noted that if the advanced degree quota fills up, then those petitions go into the pool for the regular 65,000 cap.

(It should be noted that the related H-1B1 visa for Chilean and Singaporean citizens are not included in this cap)

So it would seem that there is plenty of visas still available and judging by the moderate amount of applications received thus far, traditional H1B visa sponsor companies are still nowhere the levels of hiring they were in 2006-8,

Good Luck to All Who Are Searching!

Cj

©2012 E3 Visa. All Rights Reserved.

Immigration has become a hotly contested issue with strong feeling on each side. Unfortunately, we have allowed our emotions to get the best of us, at the expense of an honest debate. No where is this more clear than with the recent coining of the phrase anchor babies. The term anchor baby refers to a mother who takes advantage of our countries long-standing belief in birth right citizenship by sneaking across the border and having her child here. Birth right citizenship is the Constitutional guarantee that when a person is born within the US they are automatically a citizen, even if their parents entered illegally.

The term anchor baby was created to infer that illegal immigrants have found a way around our immigration laws by having a baby here, who is now a citizen. As a citizen it is falsely claimed that this anchor baby subsequently petitions to bring the rest of the family here. It is implied that once here this family will now take jobs from US citizens or go on welfare and take our tax dollars. The term anchor baby is simply a myth, created to stir up anti immigrant ideology for political gain. The truth is a US citizen baby cannot help an illegal parent’s immigration. This is because no one can petition for another family member’s green card until they are 21 years old.

Because a so-called anchor baby cannot gain a legal status even for their mother until they have turned 21 years old there is little truth in the terminology anchor baby, if anything it should be called anchor young adult. But this is also misleading, if the mother somehow remains in the US illegally without being caught and deported until the child is 21 that child cannot petition for the mother unless the mother leaves the country. Once the mother leaves the country a 10 year bar from reentering is triggered as punishment for her unlawful presence. This means the anchor baby would be 31 years of age when they were able to get their mother or any other family member a green card to the US. Thus, the premise that there is such thing as an anchor baby is patently false.

Moreover, birth right citizenship has been a staple of our country for many decades and it is clearly and explicitly stated in the Constitution. It is entirely possible without it our country would be completely different and many individuals here now would not be. In addition, there would be serious humanitarian issues if ICE was rounding up infants and young children and deporting them to a country they have never been.

In sum, the term anchor baby was created to stir human passions and to make our citizenry feel that our system of laws is being exploited. There is no question that our country has serious immigration problems and that something needs to be done to fix this but creating false terminology is not the answer.

Guest Post Author

©2012 E3 Visa. All Rights Reserved.

US Immigration from 1850 to Today

While the United States has undergone a Constitution-mandated census every ten years since 1790, it was not until 1850 that the census began taking into account the immigrant status of interviewed individuals. Looking at the statistics from the past 160 years, a few interesting facts emerge.

An Overview

The US is a nation made up of immigrants, but the nation of origin of these newly minted Americans has changed over the years. In the mid-1800s, the largest contributors to US immigration were in Western Europe, primarily Germany and the United Kingdom (which, at the time, included Ireland). According to the 1850 census:

• There were a total of 2.24 million non-native individuals residing in the United States.
• Of these 2.24 million, about 2.03 million came from Europe. Of these, 2.02 million originated in Northern or Western Europe.
• Approximately 1.34 million people were British. About 970,000 of these were Irish.
• The second biggest immigrant group was German, with about 583,000 people.
• Only 1,135 Americans were Asian.
• There were 13,317 Mexican-Americans.

These numbers are especially interesting when considered in today’s terms. The United States of today is a much more diverse place than it was in 1850, with many Americans from places that, in 1850, would have been considered hopelessly remote.

Comparable Numbers Today

The following numbers are culled from the 2000 Census:

• Approximately 75.1% of the population is White/Caucasian. Of these, an enormous 21.36% claim German descent.
• About 12.3% self-identified as being Black/African American.
• There was an increase in people identifying as Hispanic – 12.5% in 2000, compared to 9% in 2010.
• Approximately 3.6% of the population is Asian.

The government is currently working on the 2010 Census, which will give us an even more up-to-date view on how far we have come as a country.

©2012 E3 Visa. All Rights Reserved.