New York, July 2006
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Job Boards Soliciting "H-1B Only" being charged with discrimination
 CHICAGO, IL
- An H-1B visa allows American universities and companies to hire foreign
professionals such as programmers, doctors, scientists, pharmacists, teachers
and engineers. About half of the annual H-1B visas are granted to professionals
in high-tech industries. An interest group for IT workers, the Programmers
Guild, has been actively filing complaints this year against companies who post
openings only for H-1B visa holders. The Programmers Guild has filed over 300
complaints just this year alone. While the Programmers Guild focuses on the IT
industry, they suspect that similar postings are being made in other industries
as well. Postings for “H-1B only” and “Americans need not to apply” have become
more common in job boards such as Monster.com and Dice.com. Some job
advertisements offer free training and other special assistance to foreigners.
The discrimination is of great concern especially to worker interest groups such
as the Programmers Guild who have filed complaints with the United States
Department of Justice.
UNITED STATES H-1B WORK
VISA APPLICATION KIT: $54.95 |
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The Immigration and Nationality Act prohibits discrimination against American
workers based on their immigration status. The annual cap for H-1B visas is set
at 65,000 and this number has already been reached as of June. The fiscal year
still has four months remaining, but new H-1B visas cannot be issued until the
next fiscal year. The U.S. Senate has proposed an immigration bill that could
increase the annual cap of H-1B visas from 65,000 to 115,000. |
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United States C-1 Transit Visa Updates
 WASHINGTON, DC
- The C-1 transit visa is a nonimmigrant visa which allows foreign nationals to
enter into the United States while transiting to another foreign country. The
C-1 transit visa can be used to travel in and out of the United States when your
final destination is another country. Individuals with a valid
B-1 Business or
B-2 Tourist Visa do not need to obtain a
C-1 Transit Visa. Other valid
nonimmigrant visa may not be used to transit through the United States.
Individual from Visa Waiver countries also do not need to get a
C-1 Transit
Visa. C-1 Transit Visa holders
may stay for a maximum of 29 days in the United States.
C-1 Transit Visa holders
are required to leave the United States on the proposed flight or ship of
departure, or within 29 days, whichever is earlier. Some applicants might be
issued a
B-1 Business Visa
or a B-2 Tourist Visa
instead of a C-1 visa.
Important:
The Transit Without Visa (TWOV) and International-to-International (ITI)
program were suspended by the U.S. Department of Homeland Security and U.S.
Department of State. Additional information can
be found in the C-1 Transit Visa Information and Application Kit. |
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USCIS supervisor charged with falsifying documents for illegal immigrants
 FAIRFAX COUNTY, VA
- Officials at the Department of Homeland Security arrested Robert T. Schofield
who is a supervisor at the USCIS (U.S. Citizenship and Immigration Services)
Fairfax County office. One of the responsibilities of the USCIS, which used to
be known as the INS, includes processing immigration applications. Schofield is
being charged with aiding immigrants from Asia in obtaining U.S.
citizenship by
falsifying immigration documents. Authorities have been able to trace at least
23 cases back to Schofield. Schofield issued
certificates of naturalization to
23 Asian immigrants that did not meet the requirements for U.S. citizenship.
According to court documents, Schofield was investigated in the last decade for
allegations of bribery at the INS. He was even demoted in the past for his
conduct as an INS employee and for taking part in an “inappropriate
relationship” with a woman who was linked to an INS criminal investigation. The
spokesperson for the Department of Homeland Security declined to comment on past
investigations on Schofield and his promotion to supervisor. However, the
spokesperson did comment that any allegations of fraud or misconduct regarding
USCIS employees are thoroughly investigated. |
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The United States Government allows Dual Citizenship
 WASHINGTON, DC
- Dual citizenship means that an individual is a citizen of two countries at the
same time. It is also possible to be a citizen of three or more countries.
However, every country has its own laws regarding
dual citizenship. Some
countries allow it, others do not, while some have no particular laws regarding
dual citizenship. Dual citizenship is not something that can be applied for. It
is a process that happens when a person becomes a citizen of another country, in
addition to his or her country of birth. Dual citizenship occurs automatically
to some individuals, for example: a child is born in the United States to
foreign parents. In this example the child is automatically a citizen of the
United States and a citizen of its parent's home country. The same applies to
children of U.S. citizens born abroad where the child is both a U.S. citizen and
a citizen of the country of birth.
The U.S. government allows dual citizenship. United States
law recognizes dual citizenship, but the U.S. government does not encourage it
is as a matter of policy due to the problems that may arise from it. It is
important to understand that a foreign citizen does NOT lose his or her
citizenship when becoming a U.S. citizen. An individual that becomes a U.S.
citizen through naturalization may keep his or her original citizenship.
However, as some countries do not recognize dual citizenship, it is important to
consider it carefully before applying for U.S. citizenship.
Dual citizenship is
a complex issue and it is important that you understand that there also
obligations and not only benefits that comes with being a
dual citizen. Being a
citizen of two countries means that you need to obey the laws of both countries,
including paying taxes and serving in the military (if required by any of the
countries). The "United
States Dual Citizenship Guide" explains these issues in detail. |
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Freedom of Information Act (FOIA) - Request your USCIS File
 NEW YORK, NY - The
Freedom of Information Act (FOIA) is the federal law, enacted in 1966, that
makes government information accessible to the general public. The law is based
on the presumption that individuals have a right to know what their government
is doing and that government agencies have a duty to provide full disclosure of
all records that are not specifically and reasonably exempt. FOIA applies to all
15 departments (Education, Homeland Security, etc.) and 73 other federal
agencies (Environmental Protection Agency, Federal Reserve System) in the
executive branch of the U.S. government. It does not apply to the president,
Congress or the courts. It does not apply to state governments (though each of
the 50 states has its own freedom-of-information laws, as do many cities).
FOIA Immigration Request: The
Freedom of Information
Act (FOIA) also applies to USCIS immigration records. This means that any
person, including foreign nationals, U.S. permanent residents (Green Card
holders), and U.S. citizens can request a copy their USCIS files. Some records
and information cannot be released as it is classified as national security,
business proprietary, personal privacy or investigative.
Why Request your Immigration File: Depending on your situation, it might
be advantageous to request a copy of your immigration file before filing any
applications or petitions with the USCIS/INS or U.S. Embassies and Consulates
abroad. By having your file you can be prepared for any questions the
immigration officer might ask you, and know exactly what the government knows
about you. This is especially important for individuals who have already been to
the United States or have filed applications in the past. Learn how to
request your USCIS file
using the Freedom of Information Act. |
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A different Northern Border
 VANCOUVER, CANADA
- Unlike the Mexico-U.S. border where fences stretch along the border and is
patrolled by approximately 10,200 Border Patrol agents, the Canada-U.S. border
has no fences and has less than 1,000 Border Patrol agents patrolling it. The
Mexico-U.S. border stretches for nearly 2,000 miles whereas the Canada-U.S.
border is double in size. At the Mexico-U.S. border more than 800,000
illegal
immigrants have been detained this year as of May compared to slightly over
4,000 illegal immigrants detained at the Canadian border. Canadian and American
law enforcement officials work closely along the Canada-U.S. border and conduct
“parallel investigations.” While there are no plans to erect fences or walls
along the Canadian border, there are plans to put in place a joint radio
network. Canadians and Americans currently share law enforcement intelligence
and patrol the border together at times. Since the 9/11 attacks, the U.S. has
invested billions of dollars into the northern border by installing cameras,
sensors and other technology. In addition, they have set aside funds to develop
five air and marine stations.
The Canada-U.S. border is still of great concern to American officials since a
millennium bomber trying to enter the U.S. was detained at the northern border.
Last month Canadian and American officials uncovered an alleged terrorist plot
near the border. Other criminal activities such as drug smuggling and human
trafficking of sex workers occur at the border. Some American officials believe
there should be a greater level of cooperation and that Canadians could do even
more to patrol the northern border. |
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511 Avenue of the Americas # 45
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