Publications

February, 2007

H-1 APPLICATIONS: TIME TO FILE, APRIL 1ST, 2007

The H-1 category has been closed for some months because of the over subscription of the quota. For the new fiscal year that begins on October 1st, 2007, applicants may file on April 1st, 2007. Since the H-1 category fills up very quickly, we recommend that any potential H-1 applicants call us as soon as possible so that we can prepare these applications well before the end of March to be ready to file no later than April 1st, 2007. If the papers are properly prepared, and a filing is made by April 1st, an applicant is almost assured of being approved. An essential factor in the application is a university degree that is reasonably related to the needs of the job offer and/or work experience of three years for each year that has been certified by an accredited educational service as the equivalent of a year at college for each 3 year period of experience. Three years of practical experience of increasing responsibility is usually considered as having the equivalence of one year of education for each 3 years of qualifying experience.

For H-1 applicants who have already been approved, there is no quota limitation in transferring an H-1 from one company to another. Hence an H-1 who wishes to transfer companies does not have to wait for the October 1st, 2007 starting date. The transferring H-1 does not have to wait for the approval of the H-1 either before going to a new company to work, and may start at the new company as soon as the application is filed.

For qualified H-1 applicants who will be working for a non-profit organization engaged in research there is also no quota limitation. Hence any qualified H-1 candidate who has a job offer from a non-profit research foundation or institute is not required to wait to file. As soon as an application is approved, the candidate may go to work for the foundation or institute. If expedited service is required a filing fee of $1,000 may be paid and the USCIS assures that processing would be completed within 10 days from the time of receipt of the application.

DRIVING LICENSES FOR UNDOCUMENTED ALIENS IN NEW YORK STATE

Governor Eliot Spitzer has supported the licensing of all New York drivers regardless of their immigration status. In the past in New York, over 250,000 drivers have been denied licenses because of their inability to prove their legal status.

The Governor is committed to a more inclusive licensing system. This reform is urgent because each month 3,000 drivers’ licenses expire and are not able to be renewed. There are reported to be some 650,000 illegal immigrants in New York who are vulnerable. The Governor promised to resolve the predicament of law abiding undocumented drivers and has promised to grant licensing to all New York drivers regardless of their immigration status. For the sake of safety, it is necessary to have drivers identify themselves rather than maintain an underclass who because of immigration requirements are forced to drive without licenses.

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New York Immigration Lawyers > Immigration Publications > February 2007