Month: November 2016

2016 American Nobel Prize Winners are Immigrants

At a time when immigration is in the spotlight and under attack by many critics, it is ironic that all but one of the 2016 American Nobel Prize laureates are immigrants. Laureate is the title given to those who have been honored for creative or intellectual achievements, and this is exactly what the Nobel Prize is awarded for.

The intellectual value that immigrants bring to American academics goes relatively unnoticed by critics like Republican presidential nominee Donald Trump, who throughout his campaign has proposed a crackdown on immigration.

Sir J. Fraser Stoddart, an honoree in chemistry from Scotland, says the United States is what it is today because of open borders. Moreover, he accredits American openness with the bringing of top scientists to the country and says that the scientific establishment in America can only remain strong “as long as we don’t enter an era where we turn our back on immigration.”

Trump has centered his campaign around two things that appeal to a particular segment of the American population: stricter immigration policies and the revocation of free trade deals, both of which would apparently rescind the negative effects globalization has had on the job market.

While Trump wants to strengthen immigration laws and has proposed “extreme vetting” of potential immigrants from countries with a history of terrorism, others have said that the current immigration process is already too strenuous. Duncan Haldane, an English Princeton University research who won the prize in physics, called the process a “bureaucratic nightmare for many people.”

The fact that so many top American scholars are immigrants defies the common consensus that the immigration process only feeds the low-skilled job market. Critics of immigration accuse immigrants of taking low skilled in-demand jobs from Americans, but overlook the fact that they contribute greatly to American research and education.

As the presidential election approaches rapidly and immigration continues to be viewed under a microscope, it is important to acknowledge the plethora of benefits immigrants bring to American society. Hopefully, the large number of immigrant laureates is a gentle reminder to voters of this fact.

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What if I Flunk my Immigration Drug Test?

What happens if my fiance or spouse fails their drug test at the embassy appointed doctor?

Hi, I’m Jim Hacking, immigration lawyer practicing law throughout the united States. Every now and then we have a client who has a problem with marijuana and they want to know what happens. Are they going to be able to come to the United States?

Here’s how it comes up. After you file a fiance petition or after you file an I130 spouse petition and the case gets processed by the national visa center, eventually at some point the foreign national, whether it’s a fiance or a spouse is going to have to go to a doctor appointed by the local embassy and that doctor is going to ask the applicant questions about their history of using marijuana. They’re also going to test their blood.

The question comes up what happens if a client fails that drug test or admits to using marijuana at the interview with the doctor? Here’s what we know. Generally, it’s a bad deal. You really, obviously, don’t want to be doing drugs. I don’t even need to go into that. From an immigration standpoint, it presents specific hurdles. What happens is, is if you fail your drug test or if you admit to marijuana drug use then you’re probably going to be kept out of the United States for a while. It’s certainly going to be a red flag for the embassy officials.

The way it works is you go see the doctor shortly before your embassy interview. In our case, our client had to go see the doctor about 3 weeks before his actual embassy interview. The doctor asked him, “Have you ever smoked marijuana.” And he said, “Yes.” And he said, “How recently?” And he said, “About 2 weeks ago.” So it’s going to show up in his blood when they get the lab results back.

First of all, let me say that I’m really glad our client was honest. You can often get in a lot more trouble for lying to embassy officials or embassy doctors or immigration officials. You never want to lie. It is good that our client told the truth, but, it does present a problem. Here’s what’s going to happen. The doctor will complete his medical report. He’ll reflect that the applicant indicated that he’d used marijuana. It’ll probably come back on his drug test and the counselor official is going to have to decide whether or not that renders our client inadmissible.

What we’re going to have to do, which probably going to happen is our overseas client is going to have to go to drug testing and drug classes for about a year. He’s probably not going to be able to come for another year. We’ll see what happens when he goes to the interview. The official may let him pass and may send him to the United States. We think that’s doubtful. What’s much more likely is that our client is going to be in communication with that doctors office over the course of the next 12 months and have to be tested up to 4 times over the course of the year and he’s going to have to attend drug classes and treatment to make sure that he’s clean and sober.

Obviously, our US citizen here, in the United States who’s spouse or fiance is very upset and we understand that. There’s really no way around it. There’s no way to try to reschedule the appointment or to do anything sneaky. You never want to come across as being dishonest or untruthful. It’s good that our client told the truth but it’s going to be a real hurdle for him. He’s probably going to be outside the United States for another 12 months. He’s going to have to spend money on drug testing and he’s going to have to spend money on treatment. Maybe that’s a good thing. Maybe in the long run, for his own health, that’s a good thing. From an immigration standpoint, it’s obviously a negative. It’s going to slow down our client and her fiance from being together and so we’re sad about that.

If you have any questions about the medical exams that go along with embassy interviews or the interview itself, remember always to tell the truth, but if you have specific questions and are wondering how to handle a situation make sure to give us a call at 314-961-8200 or you can always email us info@hackinglawpractice.com. We hope you like this video. If you did, make sure to click like and also subscribe to our channel so that you can get new updates whenever we shoot a new video. Thanks a lot, have a great day, and stay off that marijuana. See ya.

How Do I Find an H1b Employer?

How do I find an employer who’s willing to sponsor me for an H1B employment visa?

Hi, I’m Jim Hacking, immigration lawyer practicing law throughout the United States out of our office here in St. Louis, Missouri. We get this question a lot. We’ve a lot of foreign nationals who are either working or are going to school and about to graduate and they wonder, “How can I find an employer who’s willing to sponsor me for a work visa?” Of course you have to recall that generally foreign nationals are not allowed to work in the United States, but there is a visa called an H1B employment visa that’s available for people that work in specialty occupation. One thing to keep in mind is that not every job is eligible for a work visa. You have to have a degree in most cases or a very high set of specialized knowledge, but generally that’s going to be reflected in a bachelor’s degree or a master’s degree and you are going to have to be in a field that generally requires a degree in that field. So not every job has the eligibility for an H1B visa.

But let’s suppose that you’re working in a field that does qualify for an H1B and you want to find an employer who’s willing to sponsor you. I think the biggest thing to keep in mind is that the H1B process is hard, it’s expensive, and it’s complicated. A lot of employers haven’t been through the process before, so if you are a foreign national and you’re going to need an H1B employment visa, that might be a lot for employers to overcome or to get their mind around all the hoops and hurdles that they have to jump through in order to get you an employment visa. What I like to tell people is that you should look to see where people have sponsored before, and you want to find employers who are willing to sponsor you for an H1B. The way I think that you do that is you find people that have sponsored for H1B visas before. They’ve been through the process. They know the hurdles. They know the headache, and if you’re an outstanding enough candidate, they’re going to be willing to do it for you.

The way that I tell people to find that is a great website called myvisajobs.com, www.myvisajobs.com. If you go to that website you can search by company names, you can search by geographical regions, you can search by job, and you can see who has sponsored people in my field for an employment visa. It’s really a great tool. There is a basic version that’s free, and there’s an expanded version if you subscribe. You can find all the employers in your area who sponsored in your specific field. I think this is really important, it really cuts down on you wasting your time with an employer who may not be willing to sponsor you. Sometimes employers just don’t want to do it. They throw their arms up and they say, “We’re not doing it.” I think you’re really banging your head against the wall if you’re trying to start from scratch with an employer who’s never been through it. It’s not to say that it can’t be done but I just think your chances are going to be much greater.

You might also consider downloading our free book and you can get that. It’s called the “Staying Here Book.” It’s a guide for foreign nationals on how to find a job, and it really provides a lot of the tips and tricks that we like to tell our students and people who are interested in staying in the United States. You can download that for free. If you go to www.stayingherebook.com and you can download that book for free.

Definitely make sure that you’re searching in the right areas, make sure that you’re networking, find out from your friends what employers are sponsoring, find out from other people in your industry. You want to follow them on LinkedIn. You want to connect with them on social media. You want to see who are the movers and shakers in your field, and you want to learn a way to get to know them. You don’t necessarily want to bum-rush them for a job in particular, but instead to ask them what are the trends you’re seeing in the industry, who are the people that hiring, do you think it makes sense for me to reach out to this person or that person. You really want to have a network of advisors who are not people that necessarily are going to hire you, but are willing to give you good advice and to let you know about the field.

If you have any questions about this, about the H1B employment process, or about how to talk to your employer about sponsorship for an H1B, be sure to give us a call at 314-961-8200. You can download that book again at www.stayingherebook.com or you can email us at info@hackinglawpractice.com. We’ll be sure to get back to you. If you liked this video, please click the like button and share it with your friends. Also if you want to get updates as to our YouTube channel or Facebook videos, make sure you subscribe so that when we update with new videos, you’re the first one to know about it. Thanks a lot. Good luck with the job search. Have a great day.

Former Las Vegas resident indicted in immigration fraud scam

As if aspiring immigrants don’t already have enough on their plate to be worried about, immigration attorney fraud is all too recurrent. Recently, a former Las Vegas resident was indicted by a grand jury on six felony charges in connection with a common immigration scandal we have seen in the past. An indictment is only a charging document, one that will bring the defendant to court; it does not presume her guilty.

Rena Esther Starks has been accused of falsely representing herself as an attorney, as knowledgeable in immigration practices, and as having connections in our nation’s capital. She made this false representation to numerous aspiring immigrants eager to expedite their process with a qualified lawyer.

In most cases, immigrants are very unfamiliar with the application and bureaucratic process, which makes them vulnerable to anybody that knows enough about immigration to toss around a few scholarly terms and convince the potential immigrant to hire them.

Attorneys are extremely helpful, and arguably necessary, in the immigration process due to its complexity. However, scam artists who pretend to be attorneys can be detrimental to the progress of an immigrant.

Nevada Attorney General Adam Laxalt elaborates saying, “immigration is an area of law where missteps in the application process can be devastating to those hoping to gain residency or citizenship.” This is because meeting deadlines and completing the requirements is a strenuous and time-consuming procedure and the USCIS does not tend to be very sympathetic.

Individuals seeking assistance with residency and citizenship are encouraged to check the license of attorneys and confirm that they are accredited by the State Bar or recognized by the Board of Immigration Appeals. Licenses of attorneys can be checked here, on the Fight Fraud America website. It is always welcoming and comforting to receive a generous hand; however, one must keep an eye out for swindlers looking to make some cash.

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