So as of May 14, 2010, which is the most recent h1b quota update the USCIS has announced. There are currently 19,000 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 8,100 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,

Additionally this quota has not grown much since our H1B Visa April 2010 update and so our prediction of the autoa nearing exhaustion by the end of May 2010 is way off. In fact in about 40 days, the quota has only grown by about 6,000 for the main cap and about 2,500 for the advance degree exemption.

Certainly it would seem that the overall unchanged rate in the unemployment rate at the levels of close to 10% in the US overall is still having a large effect of the hiring of foreign talent.

As an additional note from the USCIS regarding Form I-907 which is used to request premium processing; (although this H1B visa season like last year, it may not really be as necessary with the H1B visa quota filling up so slowly)

H-1B petitions are eligible for the Premium Processing Service.  Petitioners may choose to file a Request for Premium Processing Service (Form I-907) to have their petition adjudicated within 15 calendar days. To request premium processing submit

• the Form I-907 and
• the filing fee of $1,000 (this fee is in addition to the required base filing and other applicable fees and cannot be waived).

You can file the Form I-907 and corresponding fee

• at the same time as Form I-129 or
• at any time after you file Form I-129 while it is still pending.

If filed after the Form I-129, be sure to include the receipt number (e.g., EAC 10 123 51234) of the Form I-129 in the pertinent section of Form I-907.

• Complete all sections of the form accurately with original signatures.  We will accept the 08/28/06, 04/02/07, 07/30/07, and the 8/10/09 editions of Form I-907 through April 30, 2010. After April 30, 2010, we will only accept the 08/10/09 edition of Form I-907.
• The representative should sign in both Parts 3 and 4 of the Form I-907 if there is a valid Form G-28 with the filing.  Otherwise, the petitioner’s signature is required.  Preferably, the signature(s) should be in blue ink.
• Include a copy of the Form I-129 receipt notice along with the Form I-907 when Form I-907 is filed after the filing of Form I-129.

Also again it is good to note the change of address for sending applications here and for the official USCIS link about FY2011 H1B visa season, click here.

CJ

©2010 E3 Visa. All Rights Reserved.

The US Immigration Policy on Asylum Seekers is a comprehensive report on the fundamentals of the US asylum policy. Individuals may seek asylum to the US if they are in fear of being persecuted because of their inclusion in a social group, nationality, political viewpoint, race, or religion. Other highlights of the US asylum policy guidelines can be found in this report.

Asylum Proceedings

The two methods for seeking asylum are an affirmative asylum proceeding and a defensive asylum proceeding. Aliens already in the US apply for asylum with the US Citizenship and Immigration Services through an affirmative asylum proceeding. This method entails a USCIS officer to review the application, the testimony of the alien, and the condition of the country the alien is seeking asylum from.

A defensive asylum proceeding is sought through the Executive Office for Immigration Review during a deportation proceeding. If an individual seeks asylum at a US port and expresses a fear of persecution, their application will be considered through the defensive asylum proceeding if he or she is deemed credible.

Aliens seeking asylum must begin apply within one year of their entry into the US unless there is a change of circumstances which can cause the time period to change. Approximately 1,000 asylum cases are allowed in the US per year.

Current policy dictates the distinction between credible fear of persecution and a well-rounded fear of persecution the alien may claim. Credible fear is a significant amount of fear demonstrated by the alien which can be substantiated.

Reasons to be barred from Asylum

Aliens can be barred from asylum because of the following reasons:

• The alien has resided in another country before arriving in the US;
• The alien had participated in any way in the persecution of another person;
• The alien had been convicted of a serious crime,
• The alien would pose a security threat; and
• The alien belongs to a terrorist organization or has engaged in terrorist activity.
Guest Post Author

If you or a family member are seeking asylum, work with an immigration lawyer to have the best chance for your application to be accepted.

©2010 E3 Visa. All Rights Reserved.

In short the law gives;

- Police the power if the “suspect” you may be an illegal immigrant to ask that you prove that you are not.
- Citizens the power to sue government organizations if they believe they have failed to act on a know illegal immigrant issue
- Requires all residents and visitors to Arizona to prove that they are in the country legally

Now supporters of this bill have essentially 3 main arguments they use to support this type of law which if only was applied literally and all human beings were perfect MAY make sense to a degree. These are;

- Illegal immigrants are violating federal law and thus should be punished for doing so
- US residents and citizens as well as legal immigrants and visitors have nothing to fear from this
- Illegal immigrants who commit crimes, take jobs, don’t pay taxes and use social services are a huge problem for society

So let’s take each of their arguments and state what is misguided about this notion.

1. Yes illegal immigrants are violating federal law as it is written today but all studies have shown the vast majority of these people do jobs that no US worker is willing to do or willing to do for minimum wages. Also most of these people are paying both income taxes and state sales taxes on their purchases.
If they all vanished tomorrow, the retail, hospitailityy, agriculture, construction and tourism industries of the US would be crippled. Then US citizens would be grumbling about either the fact the prices of goods/services are going up from groceries to clothing to hotels. Also given most of the people who are ardent, hardcore supporters of this type of law are also supposedly 100% supporters of the free market and capitalist economic principles. Well except where absolutely necessary, more jobs in the US (and thus wealth and tax dollars) will be shipped beyond US borders as that is how Walmart, Apple, Hilton and every other organization can maximize profit. So for every additional janitor that is hired by McDonalds, that could me additional office staff’s job are made redundant and contracted out elsewhere along with that person’s spending power and tax payments.
If you want this type of law then be prepared for all the consequences of this type of law.

2. Now say you are US citizen of Latin, Mediterranean or South Asian ancestry and you are visiting Arizona for the first time and are just wandering the streets as tourists do and get a little lost and ask for directions, get a bit frustrated and start arguing with your travel companion. Common travel story right! Say a Arizona police officer witnesses this episode. Well as the law is so grey they may feel like your shouting and back and forth walking down the same street seems odd so asks you for some identification. Now b/c you are a normal person, you would not be carrying around either your passport or a birth certificate. You may have a state ID but that may be expired or you left it in your hotel. Well in that moment and from then on how are you supposed to prove you are a legal citizen and you can rightfully be detained. Sounds a lot like some totalitatarean, non democratic states the US always decries. So these people who are so against the government mandating healthcare which actually can save people lives are NOT against the government mandating citizens always carry documents proving who they are. Hypocracy is always strong and used as a tool of fear with Immigration.

3. OK say you are mugged, assaulted or worse in the street, your home, the workplace, etc. and the person/people who witnessed this crime happened to be an illegal immigrant. Now this person who witnessed the crime has no incentive to do the right thing and to help you as by doing so they will get into trouble. Say you have a regular car accident with either an illegal immigrant driver or a legal resident driver who may be travelling with illegal immigrants. That person now has less of an incentive to stay and file police reports, exchange insurance details, etc. as again it could cause problems.
Then since most violent crime is committed by legal residents of the US, while Arizona police and resources are busy wasting their time with people who don’t have documents and trying to find witnesses to speak about what they saw, the really violent in society will continue to roam free.
Some reputable studies say Immigration contributes as much as $26B to the Arizona state economy. So in a state struggle with the economic crisis and a major real estate crash, making the state less attractive for business, tourism and indeed free citizens to go about their daily lives doesn’t seem like the smartest thing to do.

Well with both Governor Brewers and Senator John McCain’s support of this recent bill in light of impending primary challenges from more hardcore right wing Republican opponents, it is not all that surprising. However somewhere between 2040-2050, it will be non-whites who will actually the dominate group in the US and creating all this unnecessary and counter productive hatred between people may cause the type of issues that South Africa has seen since the end of Apartheid with many angry Blacks lashing out in crime and other anti-social ways against White people and indeed society in general.

The big question here is the impact to Arizona leisure and business tourism both domestically and Internationally. Conventions and conferences are very popular in the state with great weather year round and lots of golf courses but Multi-National corporations, International business people and Domestic business people wary of their global reputation may now think twice.
Certainly you can imagine individual tourists will also think twice as given the other 49 states don’t have an issue, people just don’t want to deal with unnecessary hassle when they are trying to have fun.

The US is a country of immigrants. Ronald Reagan himself, the champion of the Right in the US, granted amnesty to illegal immigrants in 1986. There has to be a better solution than this type of reactive and short sighted legislation which will ultimately hurt the US and the so-called law abiding citizens.

CJ

©2010 E3 Visa. All Rights Reserved.

However US Immigration Reform will probably not be the dominant topic in Washington for a while due to the sweeping Financial Reform championed by the Obama Administration and many in Congress at the moment. This is despite the fact that US Immigration is a front of mind topic recently with the opening of H1B visa season in 2010 and more recently and prominently the Arizona Immigration Reforms just signed into law and denounced by Civil Liberty groups, Immigration Advocate Groups particularly of a Hispanic nature and even President Obama himself.

My prediction is that although President Obama is clearly a big advocate of major Immigration reforms as are many in Congress there are a couple of big reasons why I think this will take a backseat to Financial Reform in 2010. These both involve politics and the coming Midterm elections in November in 2010;

1. Financial Reform is more a politically popular topic: Democratic Members of Congress who are up for re-election this election cycle will up for some tough battles, particularly with public anger and disillusionment at Congress with unemployment still at high levels, the bailouts of Wall St. firms not benefiting the average person and both the process and specific aspects of the Healthcare reform legislation.
Democrats in particular and the Democratic President Obama need a topic to turn public focus on to something else as they go to the polls. Enter Financial Reform! A majority of Americans according to all polls are angry at the fact that Corporate America who caused the economic recession and crisis were then bailed out by the taxpayer. So it becomes very difficult for Republicans politically to oppose strong legislation to regulate the financial industry as they did somewhat successfully in the Healthcare debate.

2. Immigration Reform is a politically divisive topic: The reality is that the average Democratic leaning and Independent voter is probably not going to be swayed to vote or vote at all solely on the basis of Immigration reform. This is because for the average US citizen from a selfish point of view, will largely be unaffected by the current proposals or indeed most of the expected modifications or revisions to Immigration proposals. From the plight of Illegal Immigrants, Anti H1B visa & Foreign Worker Rhetoric, the Drug cartels and crime, etc. Republicans have a lot more easy ammunition politically to attack on this issue. Republicans also accuse Obama and Democrats of wanting to legalize illegal immigrants and increase immigration as these people tend to be more likely to vote Democrat in elections.

Now as for the Graham (R-SC) and Schumer (D-NY) legislation, there are four major tenants to their Immigration legislation proposal. These are;

- Requiring biometric Social Security cards to ensure that illegal workers cannot get job
- Fulfilling and strengthening commitments on border security and interior enforcement
- Creating a process for admitting temporary workers
- Implementing a tough but fair path to legalization for those already here (approx. 11 million illegal immigrants)

Each of these proposals in and of themselves are going to have critics on both sides for different reasons. Supposedly the nature of this initial proposal is largely supported by Obama but it is definitely going to have a tough battle so let us take each one and disect the main arguments.

1. Biometric Social Security Card: The initial idea around this is that a person’s work authorization eligibility will be stored on this card but not stored on any central Government database. Thus to allay privacy and civil liberty concerns while also making it ever more difficult for illegal immigrants to find work with the hi-tech card and heavy punishments for employers not following check procedures including potential jail time. Apart from the fact that this is not a National ID card, it certainly will have all the hallmarks of one as every US Citizen and resident will need one along with every immigrant so civil liberty groups will certainly be fighting this. Also people forge and steal passports as well as the basic social security cards today so this certainly will not stop that trade and probably just raise prices on the black market. Right now it is estimated most illegal immigrants and legal immigrants working without authorization are paying taxes. This will certainly mean that any work these people now do will be less likely include taxes. Then finally a system this hi-tech and complex will be costly and difficult to implement across all residents and employers and will certainly take a long time and no doubt be problem riddled as the current simpler optional E-Verify system is today. There have been cases where US citizens have be shown illegible to work under the current system and with this system that danger will only become more common and magnified.

2. Border Security and Interior Enforcement: As can be seen from the recent Arizona immigration laws there a diverse range of opinions as to how this should be applied. Many think that a policy whereby police and law enforcement personnel can ask a person’s immigration status should be mandatory across the country whereas others view this at best as racial profiling and at worst akin to the Nazi and Apartheid regimes where people always had to carry documents in case they were checked by officials. Then of course there are different opinions in relation to a Border Fence and constitutional rights of Immigrants.

3. Admitting Temporary Workers: So this in theory could include legislation around H1B visa and other skilled non-immigrant visas and may incorporate aspects of the Durbin-Grassley H1B visa and L1 visa legislation proposed last year or the Kerry-Lugar Business StartUp Visa legislation earlier this year , this proposed bill focuses more specifically on very hi-tech and then low-tech immigrant candidates.
Currently graduates from US universities at Masters or pHD level in the areas of Science, Technology, Engineering and Math have access (along with US Masters Graduates) to an extra 20,000 Advanced Degree cap for the H1B visa. They also more recently exclusively have access to a 17 month extension their F1 Visa OPT period which effectively gives them 2.5 years of work authorization up from the original 1 year in lieu of their degree. Currently these high skilled foreigners have access to US Permanent Residency (i.e. Green Card) via the EB-2 immigrant visa category via sponsorship from their employer. This legislation wants to streamline this process to keep these highly skilled and educated workers within the US as the most like to innovate, be entrepreneurs and create employment and wealth for the US.
As for the low-tech workers (i.e. agriculture, manufacturing, labor, etc.) there is currently no legal visa for these people to come temporarily to work in the US. So the provision would be for an changing quota for this category depending on the needs and state of the economy to allow these workers to come to the US legally and if they have been in the US for a longer period, have learned English and can demonstrate contirbution to their community, the chance also to pursue a Green Card.

4. Legalization Path for Illegal Immigrants: This is always a contentious issue but is a public debate often filled with lies and myths. The last amnesty for illegal immigrants in the US was by Ronald Reagan’s administration in 1986 so is certainly an option thought of and acted on both sides of the political spectrum. The idea in this proposal is that illegal immigrants have to admit their illegality, pay fines, do community service and any back taxes owed, learn English and then go to the back of the current immigration queue for residency in the US.
The reality of making this work is where this often becomes problematic as if a couple came here illegally and then had a child in the US (often derogatorily called an Anchor baby by Immigration opponents who accuse illegal immigrants of only having a child to help legalize their own status) who is now in school. So as per the US Constitution, any person born in the US is automatically a US citizen. Therefore in this case unless it makes sense financially, etc. a less educated illegal immigrant may not see any benefit in doing anything to make their own status legal as it would only cause them further hardship as their child already is protected as a citizen. Of course opponents believe that illegal immigrants should never be rewarded for their bad actions and even some legal immigrants who had to wait many years and pay large financial and other costs to come to the US legally oppose others coming into the same queue as them.

As an Immigrant What Should You Be Happy and Worried About?

- Well in this particular proposal the easier road to a green card for some Masters and pHD Graduates should definitely be welcome news
- For those particularly on F1 Visa, J1 Visa Work and Travel and J1 Visa Internship programs who may be working part-time elsewhere technically unauthorized to help pay their tuition fees or just living expenses in the US, this will present a significant hurdle for doing that anymore
- This also could be welcome new to low-skilled workers wanting to work in the US, however competition for these is bound to be fierce and thus these jobs will no doubt be largely minimum wage positions.
- For those on visa like the H1B visa or E3 visa and wanting to transfer between employers, I can foresee issues whereby implementation and update issues may cause false readings about eligibility to occur.

In the end taking all of this into account it will certainly be an interesting Immigration journey over the next period in the US. However because of all of this my current US Immigration prediction is that this may only be strongly debated following Financial Reform and may only be a legislative reality following the Midterm Elections and in a non-election year in 2011. Incidentally this was exactly the case when the last major Immigration reform was proposed by Senators John McCain and the late Ted Kennedy in 2007 following the 2006 Midterm elections.

CJ

©2010 E3 Visa. All Rights Reserved.

So as of April 8, 2010, the USCIS has received 13,500 petitions to count towards the general 65,000 H1B visa cap. Additionally 5,600 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.

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,

This would seem to agree with the economy at large whereby, that while layoffs have in the main ceased and economic growth occurring, the levels of unemployment are still high with only certain sectors really aggressively hiring like Technology, Education and Health. Finance is certainly in a better place than any time in the last 18 months to 2 years in terms of openings.

As an additional note from the USCIS;

Should USCIS receive the necessary number of petitions to meet the cap, it will issue an update to advise the public, that the FY 2011 H-1B cap has been met as of a certain date (the “final receipt date”). The final receipt date will be based on the date USCIS physically receives the petition, not the date that the petition has been postmarked. The date USCIS informs the public that the cap has been reached may differ from the actual final receipt date.

To ensure a fair system, USCIS may randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap subject petitions that are not selected, as well as those received after the final receipt date.

For cases filed for premium processing during the initial five-day filing window of April 1-7, the 15-day premium processing period began April 7. For cases filed for premium processing after the filing window, the premium processing period begins on the date that the petition is physically received at the correct USCIS Service Center.

Also it is good to note the change of address for sending applications here.
Finally for the official USCIS link about FY2011 H1B visa season, click here.

CJ

©2010 E3 Visa. All Rights Reserved.

The one important thing to note that has been noted by the USCIS in March relates to the approved Labor Condition Application from the Department of Labor. This must be filed as a supporting document to your H1B visa petition to the USCIS in an approved status or the application will automatically be rejected. As a temporary measure late last year, the USCIS briefly allowed H1B visa petitions to be filed with this document still pending and then filed subsequently. That was a temporary measure and no longer applies.

There has been little indication from the general media and the hiring environment as to whether the H1B visa quota will be exhausted quickly or take longer as it did last year to fill up fully. However given that the US employment market has stabilized and may in the professional services sector (where the H1B visa is most prevalent) are seeing openings increase, this may well be the calm before the storm. It is definitely better to be prepared early.

Finally we just we would clear up a couple of common questions we are getting this H1B visa season. The H1B visa itself, work authorization period will begin on October 1, 2010. This is a fixed date and cannot be brought forward and relates to the start of the US Immigration year. So regardless of when you receive approval, if you are not legal in the US under another current status (i.e. F1 Visa OPT), then you have to exit the US, apply for the H1B visa overseas and then re-enter after October 1.

Also it is true in most cases, non-profit organizations, government organizations and higher education institutions do not count towards the 65,000 general H1B quota cap or the 20,000 US based advanced degree addition.

Good Luck,

CJ

©2010 E3 Visa. All Rights Reserved.

History clearly tells that immigration was not as we know it today. For many, being a citizen of the United States came naturally when their forefathers walked into the country via the New York Harbor. More than twelve million migrants have been assessed and permitted to walk in to the United States in the last sixty two years since the country’s immigration department has offered its services. This is as per the Statue of Liberty – Ellis Island Foundation. These immigrants had to undergo a physical examination which was followed by identity verification. Of these, around ninety eight percent were granted permission to enter the country.

The concept of DNA testing was alien to the authorities then. The Bureau of Immigration was accountable for matching identities and ensuring that the right people have been allowed to pass through. They had to question the migrants and contrast their answers with the questionnaire that has been filled in prior.

However, with changing times and with the advent of technology, the mode of assessment has become sleeker than ever. With this, the department also emerged to be known as the United States Citizenship and Immigration Services or commonly known as the USCIS. Today, the USCIS asks for a proof that could be verified better for an individual’s identity before granting a permit to enter.

Today, there are many ways to gain a permit to enter the United States. One such method is through having family relations. Immediate blood relatives such as those of parents, siblings or children who are US citizens could be verified for. In such a case, the US citizen is known as the petitioner and the foreign relative is called as the beneficiary. Here, evidence proving the relationship between the petitioner and beneficiary has to be produced. This proof can be in the form of birth certificates, census or school records or any form of documentation which is relevant.

It is also agreed that there are instances where it is difficult to find any form of documentation. In fact, a fire led to the complete destruction of the first ever immigration records that were stored at the Ellis Island processing facility. Records that have been lost or misplaced due to natural disasters or due to negligent officials are common.

To cater to the above problem, the USCIS has come up with a more sound system of identity verification. And so came in the concept of DNA testing to state a particular blood relationship.

No other form of assessment can be better at judging the blood ties between any two individuals. Any accredited laboratory under the American Association of Blood Banks is capable of proving the relationship with an accuracy of ninety nine percent. Thus, a DNA test is best form of testing which makes the process of verification very precise. This test is required as evidence in case of sponsoring foreign nationals.

The test is a painless process where in a sample of the petitioner and the beneficiary’s DNA is taken. These samples are tested at specific laboratories that are designated by the USCIS. The results are then forwarded to the office of the Homeland Security. These reports act as proof for both the USCIS and the Department of State to verify the applicants.

©2010 E3 Visa. All Rights Reserved.

So to recap so far this year we have given all foreigners information on;

- H1B Application Filing Tips
- H1B Visa Quota Predictions
- H1B Visa Costs and Fees
- H1B Frequently Asked Questions and Common Misconceptions & Myths
- H1B Visa Statistics
- F1 Visa OPT Applicants hoping to transfer to an H1B visa
- H1B visa extension procedures with a pending Green Card PERM application
- H1B Important Supporting Documents for your Petition
- Review of an H1B Visa Support Site

Also in the past we have a couple of other posts that may be of reference for the upcoming season;

- Do you need a lawyer for your H1B visa process
- Top H1B visa employers from last year
- Green Card & H1B Visa Relationship
- H1B visa Deportation cases

We hope all the above information helps make the process as easy and successful as possible for you this visa season and you are starting work in the US without issue with your new employer on October 1, 2010.

There will be a lot of media stories regarding US Immigration leading up to the opening on April 1, 2010 as well as throughout the month and probably into May as well. This is due to Immigration reform slowly becoming a major topic in US political circles. Try not to believe all the hyperbole you hear as most of it is just hearsay or just plain myths as we highlight in the link above.

Finally during this time ensure you ask all the questions you feel you need too because in the end the only person completely caring about your total welfare and situation 100% is you. So follow up with your employer’s HR department, your immigration lawyers if you are using them and anyone else that is involved in your process. Ensure you fully understand concepts like H1B application premium processing and the F1 visa / H1B visa gap period as they may apply to your situation

Good Luck,

CJ

©2010 E3 Visa. All Rights Reserved.

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

©2010 E3 Visa. All Rights Reserved.

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.

©2010 E3 Visa. All Rights Reserved.