Supreme Court Rules That Criminal Defense Attorneys Must Advise Defendants on Immigration Consequences
Date: 04/02/2010
Author(s): Brad Hendrick
Supreme Court Rules That Criminal Defense Attorneys Must Advise Defendants on Immigration Consequences
On March 31, 2010, the U.S. Supreme Court issued an important decision for non-citizens accused of criminal offenses and their defense attorneys. In Padilla v. Kentucky, the Court held that criminal defense counsel must inform a client whether his plea carries a risk of deportation. If there is no such advisory and a person suffers immigration consequences as a result of the plea, the court held that counsel is "constitutionally deficient." Non-citizens facing criminal charges, and defense attorneys representing non-citizens should carefully explore the immigration consequences of any plea offer before accepting any plea-bargain. If you have questions about the potential immigration consequences of criminal please or convictions, please contact Brad Hendrick at 303-443-8010.
H-1B Visas Are Being Accepted
The USCIS began accepting applications for H-1B visas on April 1, 2010 for positions startin in Fiscal Year 2011. There are only a limited number of H-1B visas available each year, and quotas have been met every year since 2004. Over the past couple of months processes and procedures for obtaining H-1B visas have changed, which means that more lead time is needed for preparation of H-1B visas. In order to ensure that your application is filed before the cap is reached, it is important to start early.
Below is an overview of some frequently asked questions about H-1B visas. Please contact Brad Hendrick at 303-443-8010 or at bhendrick@celaw.com if you have any questions, or if you would like to get started on securing H-1B visas for your workers at 2010.
Overview of H-1B Visas
Q: Who can qualify for H-1B visas?
A: An H-1B visa is for professionals who work in a specialty occupation. A professional is generally defined as an individual with at least a four-year bachelor’s degree, and a specialty occupation is usually defined as a job that requires some specific academic training obtained during bachelor’s degree studies in order to perform the essential functions of the job.
Q: Is there a list of specific positions that qualify for H-1B visas?
A: Yes. These include positions like information technology workers, financial professionals, engineers and physicians. However, there is flexibility in the definition, which means that individuals in a number of industries and positions can qualify.
Q: How long is the H-1B visa good for?
A: An H-1B visa is good for three years with one extension for an additional three years. H-1Bs can be extended beyond six years when an individual starts the permanent residence process before end of the fifth year in H-1B status.
Q: Do H-1b workers need to keep a residence in their home countries?
A: No. H-1B visas have a "dual intent" feature which means that H-1B visa holders do not need to maintain a foreign residence, and may concurrently pursue permanent residence without significant travel restrictions.
Q: Can an H-1B worker be for full-time or part-time work?
A: Yes.
Q: Can an H-1B worker have more than one employer?
A: An H-1B visa is employer specific, but it is possible to hold H-1B visas for multiple employers simultaneously
Q: How much do I need to pay an H-1B worker?
A: H-1B workers must be paid the "prevailing wage" for their services, either in the form of an annual salary or an hourly wage. The level of the wage depends on both the position and the work location.
Q: Can spouses and minor children accompany an H-1B worker?
A: Yes. Spouses and minor children may accompany an H-1B worker by obtaining H-4 visa status.
For answers to further questions, or for more information on H-1B visas, please contact Brad Hendrick at 303-443-8010 or bhendrick@celaw.com.