All posts by Cheng, Cho, & Yee, Immigration Lawyers

In the current political environment, immigrants are facing a considerable amount of negative backlash. With the possible rollback or elimination of the Deferred Action for Childhood Arrivals, commonly calls the DACA Program, the financial consequences could be costly. According to calculations at the CATO Institute, the deportation of 750,000 will cost in excess of $60 billion. They also estimated that in addition to this substantial financial cost, the loss of these immigrants would cost approximately $280 billion in economic growth between now and 2027.

Immigration has been part of the foundation of the United States. While immigrants have certainly been discouraged over the country’s history, with different places and eras being particularly opposed to certain nationalities, the truth is that immigration has benefited the economy.

Financial Benefits

The US benefits from the arrival of immigrants as much as immigrants benefit from being in the country. One of the failings of the recently re-introduced H-1B visa bill is that it fails to account for those benefits. The focus has been on how much immigrants cost the US, but ideology fails to account for the economic benefits that usually outweigh the costs.

With the assistance of DACA, immigrants were able to find jobs, earn raises, and pay taxes. They are more likely to start new businesses, as well as file patents, at a rate much higher than Americans. According to The Economic and Fiscal Consequences of Immigration, the second generation American (the child of an immigrant) provides a net positive growth.

Other Economic Growth

One of the greatest economic benefits from the continuously changing social and cultural norms is innovation. The US has been one of the leaders of innovation and technology for nearly the last 100 years.

With globalization, the ability to innovate is what makes countries competitive on a large scale. Some of the biggest names in technology are first, second, and third generation immigrants. Immigration helps innovation by bringing in new ideas and ways of accomplishing tasks. It also lowers the cost of doing business. It creates new jobs and encourages development that is less prevalent in countries that have stagnant ideas.

Immigrants face a range of problems, both socially and legally, that require careful consideration. An immigration lawyer can help those in need to understand the laws and their rights, from visas to family matters. As politicians consider changing the laws regarding immigration, it is important to consult an immigration lawyer about current requirements and possible changes.

On January 4, 2017, United States Representative Darrell Issa reintroduced a very controversial H-1B visa reform bill that, if passed, will make significant changes to the existing program. The bill, commonly known as the Protect and Grow American Jobs Act, was initially introduced in July of 2016. It faced strong opposition and criticism in Congress. With President-elect Donald Trump’s plan to reshape immigration in the U.S., and his focus on the H-1B program specifically, the bill is expected to be a hot issue in the coming year.

The bill comes after a variety of companies including Disney, Southern California Edison and others allegedly used the H-1B visa program to hire foreign workers instead of attempting to fill positions with the existing workforce. According to Rep. Darrel Issa and co-sponsoring Rep. Scott Peters, both of California, the bill will help reduce the number of companies that are guilty of abusing the program by employing less expensive immigrant workers who do not have exceptional training or skills. Representative Zoe Lofgren, also of California, disagrees. According to Lofgren, the bill does nothing to prevent outsourcing and will simply encourage companies who abuse the visa program to concentrate on higher paying jobs.

Understanding the H-1B Visa Program

The H-1B visa program was initially designed to help American companies maintain a competitive workforce by employing highly trained foreign workers in positions that could not be filled by the existing workforce. Beneficial to both immigrants and the American economy, the program has brought innovation and expertise to science, engineering, math and technology industries.

Unfortunately, critics of the program say that many immigrant workers are severely underpaid which pushes down the wages of American workers in these fields. Under the new proposal, the minimum annual wage for H-1B visa holders would rise from just $60,000 per year to $100,000 per year.

Another concern that is targeted by the H-1B reform bill is importing workers who are not truly qualified for the positions they are brought to fill. With some foreign workers obtaining low-quality certificates in an attempt to qualify for exemptions, many positions are not left open for immigrants who are truly highly-skilled. Issa claims that by eliminating the master’s degree exemption, the legislation would cut down on abuse of the H-1B visa program. According to supporters, the bill will help ensure that the most talented foreign workers throughout the world have the opportunity to work in the United States.

Immigration has always been a very controversial subject for many people. There has always been the myth that immigration numbers in the United States are rising – and quickly. However, recent studies are proving that is not necessarily true. In fact, a 2015 report from the Center for Migration Studies says the number of undocumented illegal immigrants has fallen below 11 million for the first time since 2003.

Why is the Number Dropping?

There could be many contributing factors as to why the number of illegal immigrants is dropping; but, honing in on the true reason can be difficult as these people are, after all, “off the grid.” Here are some theories:

• The collapse of the U.S. economy in 2008 – when the economy took a turn for the worse in 2008, finding jobs and affordable housing was difficult. This trend continued well into 2010, thus making it more challenging for immigrants to sustain themselves
• Improvement of job market and economy in Mexico – Mexican-born immigrants account for a significant portion of the total immigrant population. However, in recent years, the Mexican economy has dramatically improved. Because more jobs are available in their home country, less people are feeling the need to start over in the U.S.

Visas

A Washington Times article stated that nearly 500 000 new-comers overstayed their VISA in 2015. Although this is a small sample, this of course does them illegal immigrants. The government doesn’t normally allocate its resources to investigating and arresting these people unless they commit a crime, are well known to the police, they are collecting government assistance (meaning they would be in the system), etc.

Which States Have the Highest Number of Illegal Immigrants?

There are specific states in which the immigration (both legal and illegal) is higher. Usually these states are those with higher populations or booming downtown cities with nightlife and/or tourist attractions. Chicago places fifth on the list of states with an estimated population of over 500 000 undocumented immigrants. Rounding out the top five are Florida, New York, Texas and California with over 3 million estimated undocumented immigrants.

Bonita Cho, Immigration Lawyer (Chicago)

If you have more questions, contact us today. We’ll put you in touch with the best immigration lawyer Chicago has to offer. Simply fill out our convenient online form and we’ll get in touch with you.

Immigration hs always been a very controversial subject for many people. There has always been the myth that immigration numbers in the United States are rising – and quickly. However, recent studies are proving that is not necessarily true. In fact, a 2015 report from the Center for Migration Studies says the number of undocumented illegal immigrants has fallen below 11 million for the first time since 2003.

Why is the Number Dropping?

There could be many contributing factors as to why the number of illegal immigrants is dropping; but, honing in on the true reason can be difficult as these people are, after all, “off the grid.” Here are some theories:

• The collapse of the U.S. economy in 2008 – when the economy took a turn for the worse in 2008, finding jobs and affordable housing was difficult. This trend continued well into 2010, thus making it more challenging for immigrants to sustain themselves
• Improvement of job market and economy in Mexico – Mexican-born immigrants account for a significant portion of the total immigrant population. However, in recent years, the Mexican economy has dramatically improved. Because more jobs are available in their home country, less people are feeling the need to start over in the U.S.

Visas

A Washington Times article stated that nearly 500 000 new-comers overstayed their VISA in 2015. Although this is a small sample, this of course does them illegal immigrants. The government doesn’t normally allocate its resources to investigating and arresting these people unless they commit a crime, are well known to the police, they are collecting government assistance (meaning they would be in the system), etc.

Which States Have the Highest Number of Illegal Immigrants?

There are specific states in which the immigration (both legal and illegal) is higher. Usually these states are those with higher populations or booming downtown cities with nightlife and/or tourist attractions. Chicago places fifth on the list of states with an estimated population of over 500 000 undocumented immigrants. Rounding out the top five are Florida, New York, Texas and California with over 3 million estimated undocumented immigrants.

Bonita Cho, Immigration Lawyer (Chicago)

If you have more questions, contact us today. We’ll put you in touch with the best immigration lawyer Chicago has to offer. Simply fill out our convenient online form and we’ll get in touch with you.

With Donald Trump assuming office under a new Republican regime, immigrants without lawful status around the country are concerned about their futures. Many of these individuals are students who have spent the last several years developing skills and increasing knowledge to become productive members of society.

Individuals without lawful status face dangerous consequences, including the potential to be forcefully removed from the country or to face years behind bars if they are caught returning to the country. Even immigrants who had received some type of legal immigration status such as through an employment visa or family-based petition are concerned about their status. Knowing their rights and potential ways to protect their immigration status is important. An immigration lawyer can assess each individual case to determine the possible

Sanctuary

In some locales like the Harvard Memorial Church, community members set up sanctuary. This is a loose term that can mean any location where immigration enforcement officers are prevented from entering or requiring such officials to have a warrant before entering. Knowing of a nearby sanctuary may help buy some time for a student immigrant who is being pursued by immigration officials.

Deferred Action for Childhood Arrivals

Under President Obama’s immigration policies, thousands of young immigrants were provided with temporary legal protections under the Deferred Action for Childhood Arrival program. This program sought to provide a Social Security number and work permission to young people who immigrated to the United States while they were young. However, this program may be in jeopardy under the new regime.

Constitutional Rights

Everyone in the United States has constitutional protections. These protections include the right to remain silent if questioned by police and the right to consult an immigration lawyer or criminal defense lawyer. Additionally, undocumented immigrants may refuse entry to an immigration official until provided with a signed warrant.

Affirmative Immigration Options

Immigrants who have a valid basis to immigrate, such as being married or engaged to an American citizen or who are highly-skilled in a particular area may be able to petition for legal immigration status. An immigration lawyer can explain what options may be available, based on the particular circumstances of a case.

Defensive Immigration Options

Even if an undocumented student is apprehended, he or she may still have a number of defensive immigration options available. For example, the immigrant may be able to request a stay of removal. An immigration lawyer can provide further guidance.

Against a backdrop of President-elect Trump’s repeated talks about tightening immigration rules, two California Congressmen, Representatives Darrell Issa and Scott Peters have co-authored a bill that would harm small businesses by raising salary exemption amounts for highly skilled foreign workers from $60,000 to $100,000. The bill, called the Protect and Grow American Jobs Act, would limit a business’s ability to obtain an H-1B visa for a foreign worker unless the worker’s salary was at least $100,000 or more. Currently, the salary requirement is $60,000. If the bill passes, companies may be forced to concentrate in areas in which the prevailing wage is greater than $100,000.

The Protect and Grow American Jobs Act

According to USA Today, the act is meant to close a loophole that exists in the H-1B visa immigration law. Under current law, businesses may apply for H-1B visas for highly skilled workers whose salaries would be at least $60,000. There is an exemption for foreign workers who have Masters’ degrees. Issa and Peters wrote the pending legislation in response to a move by Southern California Edison to lay off its American workforce while replacing the workers with foreign workers who were paid less.

Under the proposed law, businesses would have to pay salaries of at least $100,000 to foreign workers under the H-1B visa program. The current exemption for workers with Masters’ degrees or higher would be eliminated.

Potential Harms to Small Businesses

The probable effect of the bill would be to make businesses that already take advantage of the loophole to simply concentrate in areas in which the prevailing wages for highly skilled positions is greater than $100,000. If they did so, then they could still replace American workers with foreign workers at cheaper salaries. For small businesses that rely on highly skilled foreign workers, the law could cause significant harm. Especially in the science, technology, engineering and mathematics fields, there are often not enough American workers who have the credentials needed to fill open positions. Small technology, engineering and biotech companies could have problems with finding Americans to fill their positions while also being unable to afford to pay the $100,000 salaries that would be required with the proposed restrictions.

A Chicago immigration lawyer may work to help his or her clients with submitting their petitions for H-1B visas. He or she may also advise his or her clients about legal changes that may impact the program.