Archive for November, 2011

HR 3012 passed Congress today by 389 votes, now need to wait and see what happens in the Senate.

112th CONGRESS
1st Session

H. R. 3012
 

 

To amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants, to increase the per-country numerical limitation for family-sponsored immigrants, and for other purposes.


 

IN THE HOUSE OF REPRESENTATIVES
 
September 22, 2011

 

Mr. Chaffetz (for himself and Mr. Smith of Texas) introduced the following bill; which was referred to the Committee on the Judiciary

 

 


 

A BILL
 

To amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants, to increase the per-country numerical limitation for family-sponsored immigrants, and for other purposes.

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 

This Act may be cited as the “Fairness for High-Skilled Immigrants Act”.

 

SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.

 

(a) In General.—Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended—

(1) in the paragraph heading, by striking “AND EMPLOYMENT-BASED”;

(2) by striking “(3), (4), and (5),” and inserting “(3) and (4),”;

(3) by striking “subsections (a) and (b) of section 203” and inserting “section 203(a)”;

(4) by striking “7” and inserting “15”; and

(5) by striking “such subsections” and inserting “such section”.

 

(b) Conforming Amendments.—Section 202 of the Immigration and Nationality Act (8 U.S.C. 1152) is amended—

(1) in subsection (a)(3), by striking “both subsections (a) and (b) of section 203” and inserting “section 203(a)”;

(2) by striking subsection (a)(5); and

(3) by amending subsection (e) to read as follows:

“(e) Special Rules For Countries At Ceiling.—If it is determined that the total number of immigrant visas made available under section 203(a) to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under section 203(a), visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that, except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a).”.

 

 

 

 

(c) Country-Specific Offset.—Section 2 of the Chinese Student Protection Act of 1992 (8 U.S.C. 1255 note) is amended—

(1) in subsection (a), by striking “subsection (e))” and inserting “subsection (d))”; and

(2) by striking subsection (d) and redesignating subsection (e) as subsection (d).

 

(d) Effective Date.—The amendments made by this section shall take effect as if enacted on September 30, 2011, and shall apply to fiscal years beginning with fiscal year 2012.

(e) Transition Rules For Employment-Based Immigrants.—

(1) IN GENERAL.—Subject to the succeeding paragraphs of this subsection and notwithstanding title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.), the following rules shall apply:

(A) For fiscal year 2012, 15 percent of the total number of immigrant visas made available under section 203(b) of such Act (8 U.S.C. 1153(b)) shall be allotted to immigrants who are natives of a foreign state or dependent area that was not one of the two states with the largest numbers of natives obtaining lawful permanent resident status during fiscal year 2010 under such section 203(b).

(B) For fiscal year 2013, 10 percent of the total number of immigrant visas made available under such section 203(b) shall be allotted to immigrants who are natives of a foreign state or dependent area that was not one of the two states with the largest numbers of natives obtaining lawful permanent resident status during fiscal year 2011 under such section 203(b).

(C) For fiscal year 2014, 10 percent of the total number of immigrant visas made available under such section 203(b) shall be allotted to immigrants who are natives of a foreign state or dependent area that was not one of the two states with the largest numbers of natives obtaining lawful permanent resident status during fiscal year 2012 under such section 203(b).

 

(2) PER-COUNTRY LEVELS.—

(A) RESERVED VISAS.—With respect to the visas reserved under each of subparagraphs (A) through (C) of paragraph (1), the number of such visas made available to natives of any single foreign state or dependent area in the appropriate fiscal year may not exceed 25 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas.

(B) UNRESERVED VISAS.—

(i) IN GENERAL.—With respect to the immigrant visas made available under such section 203(b) and not reserved under paragraph (1), for each of fiscal years 2012, 2013, and 2014, not more than the number of such visas calculated under clause (ii) shall be allotted to immigrants who are natives of any single foreign state.

(ii) CALCULATION OF NUMBER.—The numbers of visas calculated under this clause for a fiscal year is the number that is equal to 70 percent of the total number of immigrant visas made available under such section 203(b) for such fiscal year.

 

 

(3) RULES FOR CHARGEABILITY.—Section 202(b) of such Act (8 U.S.C. 1152(b)) shall apply in determining the foreign state to which an alien is chargeable for purposes of this subsection.

 

 

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

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Continuing Legal Education Live CLE | Immigration Law Fundamentals

CLE Course Speakers: Fariba FaizHasan AbdullahShah Peerally

Continuing Legal Education
Live CLE | Immigration Law Fundamentals

California CLE - Continuing Legal Education Credit Course - Handling 1st DUI CaseContinuing Legal Education CLE Credit Course - Copyright & Trademark LawLawReviewCle’s Immigration Law Fundamentals course will provide an overview and introduction into the the basic concepts of U.S. immigration law and procedure.

 

This course is an introductory, step-by-step, instructional on the basics of Immigration Law.
 

Pro Bono Activities

Aids Legal Resource Panel, May 7, 1999 – Present

cle credit course speaker

Attorney Hasan Abdullah

Shah Peerally Law Group P.C. – Oakland, CA

 

Hasan Abdullah was born in Toronto, Canada, and has been living in the United States for over 10 years. As a foreign national, he has had to deal with the US immigration service on many occasions, so he understands what clients are going through based on personal experience. He received his Juris Doctorate (JD) degree from Santa Clara University School of Law, and has held membership in the American Immigration Lawyers Association (AILA) since 2008.

 

His initial professional experience in immigration law was gained as a student intern at the Alexander Law Center, which is administered by Santa Clara University. As an intern he focused on family-based immigration, VAWA petitions, political asylum, and criminal victim (U-Visa) cases, in addition to developing guidance manuals on VAWA petitions and criminal victim visas. This gratifying experience inspired him to make immigration law his livelihood. Prior to joining the Shah Peerally Law Group, he worked at an immigration law firm where he developed proficiency in employment-based immigration.

Since joining the Shah Peerally Law Group in June 2008, Attorney Hasan Abdullah has been serving clients in a diverse range of areas in immigration and naturalization law, with substantial focus on H-1B and L-1A /L-1B petitions, and PERM Labor Certifications underlying professional/skilled worker immigrant petitions. In the area of H-1B petitions, in addition to winning difficult petitions for less than ideal candidates, he has provided innovative solutions to keep employees in status where they have been unlawfully benched and seek to port to a new employer. In the area of L-1 petitions, he has enjoyed success in uniquely challenging “new office” petitions for multinational executives/managers.

 

His dedication to immigration law goes beyond the office setting. In the local Bay Area community, for a number of years he has volunteered as the Operations Coordinator of a Legal Clinic sponsored by the Pro Bono Project of San Jose, which provides legal consultations to the local community on a biweekly basis. He continues to regularly serve the clinic as an active attorney on its roster.

cle credit course speaker

Attorney Shah Peerally

Shah Peerally Law Group P.C. – Oakland, CA

 

Shah Peerally is the founder and managing  attorney of Shah Peerally Law Group PC, a professional corporation (formerly known as the Law Offices of Shah  Peerally previously located in Fremont, California).

Born on the beautiful french colonial island of Mauritius, Shah attended the Royal College of Curepipe in Mauritius. Shah had ambitions to eventually become an attorney in the United States. After working for different major corporations in Mauritius, Shah moved to the United States where he reached his goal and obtained his Juris Doctorate degree from New College School of Law, in San Francisco, California, and subsequently gained admission to the California State Bar. Shah then worked in litigation and business law for the prestigious law firm of McNichols Randick O’Dea & Tooliatos LLP, in Pleasanton, California.

Later, Shah joined the Law Offices of Virender Goswami as a supervising attorney in business and employment immigration. Shah was also attorney of counsel for the Immigration law offices of Minter and Ahmad in Fremont, California. In 2005, Shah founded the Law Offices of Shah Peerally. Since then, the law firm has expanded and is now represented as Shah Peerally Law Group, PC.

Fluent in French and Creole, Shah is a passionate and dedicated advocate, and has been an activist in various immigrant communities. He regularly participates in lectures and free legal clinics, and hosts an immigration law show on AM radio. Shah has been commended by House Majority Leader Nancy Pelosi and Congresswoman Barbara Lee for assisting in their immigration workshops.

 

Shah received his Juris Doctorate degree from New College of California School of Law, in San Francisco. He holds membership in  the State Bar of California, American Bar Association (ABA) and the American Immigration Lawyer’s Association, National Association of Consumer Bankruptcy Attorneys (NACBA), and International Association of Professional Debt Arbitrators (IAPDA). Shah is also admitted in the Northern Federal District Court , Eastern Federal District Court of California and the 9th Circuit Court of Appeals.

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

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Another great win – at Shah Peerally Law Group PC we rock!!!

Shah & Hasan

I am the CEO of a consulting company in California and often need to deal with H1B and other immigration issues. Quite frankly, I have been frustrated by law firms over the last ten years. They are either large firms where most of the work is handled by assistants where I rarely get to discuss matters of strategic or tactical importance, or one-person entities where progress is slow and is often riddled with roadblocks.
I heard Shah Peerally on a radio talk show a couple of months ago, and wanted to give it a shot. Right from my first call, their professional approach impressed me. Shah described his managing attorney Hassan Abdullah as a genius on H1B matters and I have come to totally agree with him!
The process was described to me clearly, and the processing has been super efficient. I knew what to expect, did my bit and the rest was taken care of by Medya Aghaansari with supervision from Hasan.
This law firm is thorough and up-to date in its understanding of the Immigration system, anticipates and addresses potential questions from USCIS ahead of time. The success I have from this law firm is unprecedented at dramatic speeds.
I know many law firms that tend to be motivated to make more money when cases get dragged as a result of questions and clarifications sought by the Government agencies. Peerally law firm wants to help you to quickly succeed. A highly principled company that is like a breath of fresh air!

Sincerely,

Ramesh

*Important: The testimonials or endorsements on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Each case is different and success in one case does not warrant or guarantee success in other similar cases or situations.

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

Share

Finally: Next Steps in the Implementation of the Prosecutorial Discretion Memorandum and the August 18 th Announcement on Immigration Enforcement Priorities

On August 18, 2011, the Administration announced an effort to better focus the immigration enforcement system on the removal of criminal aliens, the promotion of
public safety and border security, and the integrity of the immigration system.  This effort began with the establishment of a working group, comprised of officials from the
Department of Homeland Security (DHS), including Immigration and Customs Enforcement (ICE), U.S. Citizenship and Immigration Services (USCIS), and Customs
and Border Protection (CBP), as well as representatives from the Department of Justice (DOJ), tasked with identifying best practices to accelerate the apprehension and removal
of high priority aliens by, in part, limiting the initiation or pursuit of low priority cases.  As a result of this process, ICE is implementing the following initiatives:
pros-discretion-next-steps

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

Share

U.S. Department of State Expedites Student Visa Processing


Media Note

Office of the Spokesperson
Washington, DC
November 14, 2011

 


 

During International Education Week, the U.S. Department of State highlights existing efforts to attract future leaders from abroad to take advantage of the exceptional educational opportunities in the United States. We also recognize that foreign students bring with them tremendous intellectual, social, and economic benefits. As part of these efforts, the Department’s Bureau of Consular Affairs gives student visa appointments special priority.

All U.S. embassies and consulates expedite visa processing for foreign students to ensure qualified students are able to begin their academic program on time. Worldwide, the maximum wait for a student visa appointment is fewer than 15 days. Foreign students can apply for their visas up to 120 days before their academic programs begin. We always encourage all visa applicants to apply early.

At home and abroad, students continue to seek international education to gain the skills, the contacts, and the experience necessary to succeed in the global marketplace. The consistent growth in international enrollments in the United States attests to the universally recognized pre-eminence of the country’s higher education system. International education grew by nearly 9 percent during the 2010/11 academic year, and foreign students studying in the United States brought $21.3 billion into the domestic economy. Most importantly, educational exchanges foster mutual understanding, respect, and goodwill between Americans and people around the world.

To learn more about International Education Week, click here.

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

Share

A lesson for those trying to circumvent the immigration laws…

Brazilian woman convicted of visa fraud conspiracy involving more than 1,000 illegal workers

 

ORLANDO, Fla. — A federal jury found a Brazilian woman residing in Orlando guilty of alien smuggling and conspiracy to commit alien smuggling and worker visa fraud on Monday, following an investigation that began with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).

Rafaela Dutra Toro, 30, faces a maximum penalty of 10 years in federal prison. She was indicted on Jan. 26. Her sentencing hearing has not yet been scheduled.

“The individuals involved in this case orchestrated a very large and very complex visa fraud ring. They took jobs away from U.S. citizens and others who are legally allowed to work in this country by knowingly employing people who were not authorized to work in the United States,” said Susan McCormick, special agent in charge of HSI in Tampa. “Through cases like this one, HSI is helping to protect our economy and preserve job opportunities from being lost due to fraud.”

Toro is a citizen of Brazil and will be subject to removal from the United States after serving her sentence.

According to evidence presented at trial, Toro worked for VR Services, a large temporary labor staffing company based in Orlando, which supplied temporary labor to numerous businesses in the hotel and hospitality industries throughout Florida and the United States. The scheme allowed Toro and her co-conspirators to set up a permanent foreign labor pool that hired illegal alien workers across the United States in jobs that would normally have been filled by United States citizens. As part of the conspiracy, Toro and her co-conspirators submitted false documentation to the government and manipulated the H-2B foreign worker visa process. They also submitted fake hotel contract agreements to conceal their activities and falsely reported that U.S. workers had been hired when they had not.

To further the conspiracy, they falsely claimed that no payments had been collected from the alien workers, when in fact the workers had actually paid between $350 to $750 each, to be placed on the fraudulent H-2B visa petitions. Through their complex visa fraud and alien smuggling activities, Toro and her co-conspirators supplied foreign workers to more than 100 hotels and allowed more than 1,000 foreign workers to enter and remain in the United States illegally using fraudulently obtained H-2B employment-based visas. An H-2B visa is granted to certain qualified foreign workers seeking temporary employment in the United States.

Four co-conspirators previously pled guilty for their roles in this conspiracy. Wilson and Valeria Barbugli were sentenced in October 2010 to 18 months and 24 months in federal prison, respectively. Their son, Eduardo Dozzi Barbugli, was sentenced in December 2010 to 20 months in federal prison. A fourth co-conspirator, Jose Maria Meza Diaz, will be sentenced later this month.

This case was jointly investigated by the Document and Benefit Fraud Task Force (DBFTF), a multi-agency task force that coordinates investigations into fraudulent immigration documents. The task force includes ICE HSI; the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations; the U.S. Department of State, Diplomatic Security Service; and U.S. Citizenship and Immigration Services, Fraud Detection and National Security.

The case was prosecuted by Special Assistant U.S. Attorney Stephanie E. Gorman.

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

Share