Immigration Lawyer – Jessica Y. Meng

Archive for April, 2011

A California businessman last week was sentenced to six months in prison for giving H-1B visa job offers that did not exist.

Srinivasa Chennupati, a native of Indian, 33, pled guilty in December to visa fraud. Chennupati admitted that starting on April 1, 2009, he submitted 11 foreign worker petitions to the U.S. Citizenship and Immigration Services (USCIS) that contained “counterfeit job offer letters” from the Gap Corporation, Wells Fargo Bank and Genentech. The jobs listed in the petitions were for computer systems analysts and software engineers that would be paid between $60,000 and $65,000.

Chennupati opened his business as a headhunter to match employers in the U.S. with potential employees in India who would receive H-1B visas. In 2008, the company legally filed 10 H-1B petitions. In 2009, the business filed for 19 additional H-1B visas, 11 of which were fraudulent, according to the court.

When contacting with the clients applying for employment-based immigration, it is often found that many people have a misconception. They think that the immigrant visas (PERM, Aliens with Extraordinary Ability, Outstanding Researchers, National Interest Waiver, etc.) must apply after they get their H-1B visas. This is not right. The above immigrant visas and H, L, O, P non-immigrant visas are two different visa categories, and apply through different procedures. Everyone can apply an immigrant visa in anywhere. For example, a prominent Chinese musician can retain an American attorney to apply for Aliens with Extraordinary Ability visa directly in China. After the approval of application and obtaining the visa in the U.S. Consulate General in Guangzhou, he can enter the United States and obtain a green card immediately. Therefore, immigrant visas and non-immigrant visas are not related to some extent. Of course, if people in the United States, they will need to maintain their legal non-immigrant status when submitting employment-based immigrant visa applications and in the waiting period.

Such vague concept delays some aliens immigrant visa applications. After clarifying this concept, the applicants may speed up to submit the immigrant visa applications. It is estimated that the U.S. economy will continue to decline (the unemployment rate has reached or exceeded 10%). U.S. Department of Labor has high pressure on it, and the Permanent Employment Certification applications will be very difficult. However, Investment Visa, Aliens with Extraordinary Ability, Outstanding Professors and Researchers, National Interest Waiver, and Multi-National Executive and Manager immigrant visa applications will not be affected substantially.  Hope those who want to apply for immigrant visas take this opportunity to speed up the submission of immigrant visa applications.

According to the U.S. Immigration Laws, each 18-year-old permanent resident must always carry a green card or green card receipt. Violators will be guilty of a misdemeanor. If convicted, each offense is liable to a fine of more than $100, or imprisonment not exceeding 30 days, or the concurrence of the two, but the maximum fine is $500.

In the recent immigration raid operation, immigration enforcement officers imposed a fine of $100 and above to some permanent residents who did not carry green cards. A few permanent residents did not carry the green cards, but carried the copies of the original green cards, were charged with criminal accusation of counterfeiting government documents.

To be afraid of loss or damage the green cards (I-551), employment authorization cards (EAD) or Social Security cards (SSN) and other documents issued by the Government, many immigrants carry the colored copies, but were fined during the raid.

USCIS pointed out that any immigration identification cannot be used a colored copy in lieu of any original documents.  Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) have the right to check the immigration identification documents at the border and give penalties for those who falsified immigration documents.

When you apply for a reentry permit, you will receive a biometrics notice in about one month after submitting the application. You must finish the biometrics procedure before leave the U.S.  People between ages 14 to 79 must complete biometrics service, otherwise, your reentry permit application can be denied.  Children under age 14 do not need to pay biometrics fee, but because of other reason (such as unclear photo), they may receive biometrics requirement notice.  According to our experience, when the children receive biometrics notice, they need to complete the biometrics requirement.  Otherwise, their reentry permit application will be rejected.