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H1-B Filing Dates FY2008 H1-B Cases:
In a January 8, 2007 teleconference with the American Immigration Lawyers Association (AILA), the USCIS provided some clarification regarding the first official filing date for the 2008 H1B cap season. There has been some confusion this year because the first filing day, April 1, 2007, falls on a Sunday. The USCIS is not open on weekends. The guidance indicates that cases filed on Saturday, March 31, 2007, will be receipted in and treated as if they were filed on April 2, 2007. Anything filed earlier with an October 1, 2007 start date will be rejected. So the word to the wise is: Don't file even a day too early!
The first business day on which USCIS will accept a Fiscal Year (FY) 2008 H1B petition and issue a receipt notice is Monday, April 2, 2007. The USCIS guidance stated that cases delivered on Saturday, March 31, 2007 will most likely be receipted in for Monday April 2nd, since their offices are closed on Saturdays. Thus, it seems that it is safe to time delivery so that filings reach the USCIS over the final weekend of March or, possibly safer, for Monday, April 2, 2007. There does not appear to be a particular advantage to weekend delivery.
Read more...
The Guest Worker Program to Canada:
Both Sides of the Issue / Political Stands The Issue
Many illegal aliens are working "off the books" in the United States in low level jobs. They risk being caught, detained and deported. They often live in fear. Their rights are not protected by labor laws. Furthermore, certain industries, including farming, are desperate for workers and cannot get Americans for the jobs. The Bush Administration has proposed a temporary guest worker program to solve some of these problems.

Latest News

President Bush asked Congress in a State of the Union address to "reform our immigration laws so they reflect our values and benefit our economy. I propose a new temporary-worker program to match willing foreign workers with willing employers when no Americans can be found to fill the job. This reform will be good for our economy, because employers will find needed workers in an honest and orderly system. A temporary-worker program will help protect our homeland, allowing border patrol and law enforcement to focus on true threats to our national security."
As of 2006, the guest worker program continues to face strong opposition and controversy.

Background

The issue of what to do about illegal immigrants is age old. The quandry of how to match willing workers with farmers and other employers is also far from new. A migrant worker program was proposed in 2000, but that was not the first time lawmakers have had such an idea.
In recent years, the Mexican people have pressured their president to seek improvements in immigration policy with the U.S. During his first term, Bush, in an attempt to improve relations with Mexico, promised Mexico President Fox that he would propose a guest worker program, which he did. President Fox was happy, as were some Mexicans who still live in Mexico.

Very interesting, little known details: Mexico banned foreign investment in its energy industry back in 1938. Since that time, Mexican oil production has been controlled by the ineffective, polluting and corrupt state monopoly, Pemex. If Mexico opened itself to the exploration and development of its oil resources by American entrepreneurs and technology, Mexican oil might someday displace Arab oil from the U.S. market altogether. Of course, before Mexico agrees to anything like this, the United States might need to make some immigration reforms. And this could explain why Bush has betrayed some of his conservative supporters, proposing a new guest worker program favoring Mexican laborers.

On the Canadian Web Side:

A Guide for Americans Emigrating to Canada
Learn what it takes to move across the northern border
For those of you who wish to emigrate to Canada, we put together this guide that explains the different immigration categories, requirements, how to prepare the immigration process without a lawyer, including links to the official immigration Web site of the Canadian government. Good luck!
Classes for Entering Canada

There are six classes of immigration for permanent residency applicants, and three non-immigration categories for people who wish to temporarily work in, study in or visit Canada. In this guide, we focus on the immigration categories only, non-immigration categories will be explained in a future guide.

Classes of Immigration

The six classes are: Skilled Worker Class, Business Class, Provincial Nomination, Family Class Immigration, International Adoption, and Quebec-Selected Immigration.

Skilled Worker:
According to the Citizenship and Immigration Canada (CIC) Web site (official government Web site), "Skilled workers have education, work experience, knowledge of English and/or French and other abilities that will help them to establish themselves successfully as permanent residents in Canada." The selection process is based upon a points system, and in order to be eligible as an applicant for the skilled worker class, you have to reach the pass mark of 67. There are six selection factors that are allotted a certain number of points. The factors are:

  • Education
  • Official Languages
  • Experience
  • Age
  • Arranged Employment in Canada
  • Adaptability
    The minimum work experience requirements for skilled workers are:

  • At least one year of full-time work experience. You must have been paid for this work.
  • Your work experience must be in the category of Skill Type 0, or Skill Level A or B on the Canadian National Occupational Classification (NOC). Find your job title in the NOC list for full-time jobs you've had in the past ten years, and write down the four digit code. Make sure your work experience does not fall into the category of restricted occupations, for then you won't qualify for the skilled worker class. As of February 2005, there were no restricted occupations listed.
    Language skills: Prove your proficiency in one or both of Canada's official languages, English and French, by either taking a "test by an approved organization," or "provide other written documentation that supports your claim."

    Proof of funds: you have to be able to support your family for six months after arriving in Canada, for the government will not support newly arrived skilled workers. The minimum amount for a single person is $9,897 Canadian dollars, $12,372 for two persons, and so on. Find the complete list here.
    If you already have a job arranged in Canada, you don't need to prove availability of funds.

    If you want to find out whether you qualify as a skilled worker or not, take the self-assessment test here.

    Finding Work

    How quickly you will be able to find work in Canada depends on the job market in your field, your credentials and whether you will have to be licensed or not, among other criteria.
    A good way to start your search is by going to job banks and other online job services; the CIC Web site lists several links that will also inform you about the labor market, job requirements and local and regional conditions in the different provinces and territories.
    The CIC recommends having your credentials, i.e. diplomas, degrees, certificates etc., evaluated in order to compare to Canadian standards. Find out how to assess your credentials here. Be aware that a credential evaluation does not guarantee recognition of your credentials by a Canadian governing body. You might have to take additional assessments once you're in Canada, or get licensed to practice in your field by a Canadian regulatory body.

  • Immigration Reform - Republican vs. Democrat?
      Immigration Reform - Republican vs. Democrat? Pessimist vs. Optimist? Or Will it All Come Down to Re-Election?
    Poll after poll tells us that the vast majority of Americans are in favor of tightening our borders and stemming the tide of illegal immigration. However, that same majority sympathizes with the illegals already here, and wants to cut them a break. Is this realistic? Those who are against legalizing any illegals seem to be most worried about the message it sends: "Come on over. Ignore the border guards. They don't really mean it." So maybe it all comes down to the pessimists who don't believe for a minute that this will be the end of massive illegal immigration, and the optimists who think we can forgive, forget and move on to a better way. I've actually heard conservatives say that liberals have all the right intentions, but are hopelessly naive. I'm sure more than one conservative would agree with that when it comes to immigration reform. But surely there is something between brutal crack downs and giving the shirts off our backs. A little humanity can go a long way without killing any Americans in the process.
    In the end, outlook on life, empathy and even political stance may have little influence though. Instead, concerns over re-election could easily prove the biggest motivator for lawmakers when they reconvene on immigration reform. ...Back in 1994, citizens of California voted in favor of a tough anti-immigrant provision that denied public services to illegal immigrants and their families. The passage of that measure helped get Governor Pete Wilson re-elected at the time. But later, many Latinos became citizens, and, in a show of protest against the 1994 provision, they turned California into a solidly Democratic state. This has to have Republicans worried about the future as they look our their windows at the droves of marchers sending a pro-immigrant message. Will it influence the outcome of immigration reform?


    National Day of Action for Immigrant Justice Inspires Marches and More
    Today, The National Day of Action for Immigrant Justice saw thousands and thousands of people take to the streets to march for or against currently proposed immigration reform. Pointing to commentary likening these demonstrations to protests in the activist 60's, Peter Rousmaniere of Working Immigrants sums it up accurately as simply making "a big impact." That it has! Too bad this debate over immigration in America is far from over in the Senate though, and the Easter break means even more delays ahead.

    DREAM Act
    One of the most difficult cases that I see in my law office is children in the U.S. who are prevented from pursuing their dreams of going to college because they are undocumented. Many of these high schools student only speak English, have no memory of their home countries and have fully assimilated into U.S. culture.  Bipartisan legisation is in the works that would help these students. The legislation was introduced in the Senate in November 2005 (the Development, Relief, and Education for Alien Minors (DREAM) Act (S. 2075)) . Senator Richard Durbin (D-IL) was successful in getting the DREAM Act included in the comprehensive immigration reform bill that was passed in the Senate Judiciary Committee last month. The DREAM Act also remained in several versions of the immigration bill that were negotiated throughout last week in the Senate.  To continue to support the DREAM Act please contact your representatives and ask them to cosponsor this bill.  The U.S. Capitol Switchboard number is (202) 224-3121.


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