February 2010

Welcome to our Newsletter

The Law Firm of NeJame, LaFay, Jancha, Ahmed, Barker and Joshi, P.A. is pleased to introduce its immigration newsletter. In this monthly publication, we will notify you with the latest immigration updates and helpful information. You may feel free to share this information with your friends and loved ones.

Of course this newsletter does not serve as complete legal advice, and we encourage you to contact us for same. However, through our publication, we hope to keep you informed of the continuing changes in Immigration Law.

H-1B Update

According to the latest update from the USCIS, the H-1B cap for the current fiscal year has been reached. Due to the slow economy and a decrease in hiring of alien workers, it took over 8 months for the quota to be reached. This is a change from the past years where the H-1B quota has been filled within the first few days of the start of the application period on April 1st.

By way of background, H-1B is a valuable tool for employers to hire foreign professional workers. The position must require the minimum of a bachelor's degree. Currently, Congress only allots 65,000
H-1B visas
each year. (Some categories of jobs that are cap exempt.)

Thus, an employer seeking to have a professional worker on October 1, 2010, must wait to file the petition on April 1, 2010. If you are an employer seeking to hire an alien worker with a baccalaureate degree, do not wait to the last minute. Seek the assistance of an experienced immigration attorney to file the petition timely.

Temporary Protected Status for Haitians

Following the devastation from the January earthquake in Haiti, the U.S. Department of Homeland Security took measures to provide protection to certain Haitians in the U.S. For one, the government temporarily halted the deportation of detained Haitian immigrants. Moreover, the government announced a Temporary Protected Status (TPS) program.

In This Issue

Newsletter Issues


Amnesty: Are We There Yet?

Where is a magic mirror when you need one?  Much of the immigrant community and the immigration lawyers have been waiting for amnesty or some type of immigration reform. They all wonder when it will arrive. But before we have reform, we must understand why reform is needed; and also what kind of reform is needed.

Success Story

She finally discovered Mr. Right. She met him in an online chat room and so their relationship began. But he was abroad. She had gone to meet him several times and ultimately they decided to marry. Accordingly, she filed a fiance petition for him and upon the issuance of a fiance visa, he gained entry to the U.S. As required by law, they married within 90 days and shortly thereafter, he filed for his permanent residency.

Saving a Dying Petitioner’s Last Wish

Congress recently approved legislation which would allow a beneficiary to pursue his petition for permanent residence, even if the petitioner dies during its pendency. On October 28, 2009, President Obama signed this legislation, which benefits widows and widowers of U.S. citizens. The new law amends the Immigration and Nationality Act (INA) by deleting the two-year marriage requirement which existed previously.

The new legislation is highly welcomed by immigrant advocates. We will provide further update on this law in the near future.



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