Ohio Visa Laws

The American History really controls the inflow, the immigrants of our people. But in the past 20 or 30 years, that’s where I lucked out because I came right at the height of the economic boom off of America. But now it’s difficult because now with the– because H1B law is only 65 number. In my days I was H1B. That’s unlimited numbers. The filing fee in my days is like $25. Now it’s just a filing fee of H1B is $1500. Anybody who hires more than 25 people, the $500 anti-fraud, $320 for the H1. If you have family and married, that’s another $300 including wife and kids. So if you have five kids and one husband, you still– it’s under the one filing fee of $340 so H1B.

So things have really changed. If you have Masters, if you have a net of $20,000– so by April first all these numbers that you stop. So both as an immigration lawyer and as clients, we are very in tuned to the timing of the year. The H2s are the Mexicans. On H2s they come to America by February, March, or April because that’s when all the seasonal work is coming, and they leave because Christmas is a big holiday in South America and Central America. So they normally go home at that time and come back.   Then a lot of foreign students now because they all economically more powerful than we were when I came.  When I came just a one-way airfare from the Far East is three, four thousand U.S. The exchange rate in those days is eight to one. Now it’s still eight to one. In China now six to one, 6.4 to 1. So in my days it cost like thousands of dollars to fly over on 90 day, 30 day boat ride. So we’d never go home. Even for New Years we’d pay– even though you’re willing to pay to stand in line in the dormitories to make a long distance call. One long distance call for one year. But we write letters. Of course in those days there’s no Google. The phone is still circular phone. It’s not a punch phone.

So I look back and I’m so glad of this program because it really makes me think how times have changed. But the work remains the same.   To be a great anything, Minister, lawyer, doctor, cook, dry cleaner, you really have to be the best of the best. If not you won’t survive in America. It’s not like 30, 40 years ago. All of us expected a job. The unemployment rate was about one or two percent. Now it’s like– they say 7%. I think it’s like 15% now unemployment. You’re not good you’re not going to get a job. If you get a job you won’t be happy. So why work when you’re not happy and you really are not accomplishing your dreams.

By: Margaret Wong

Permanent Residency in Ohio

My name is Francis Fungsang, and I’m a partner at Margaret Wong & Associates. We work with companies of all sizes, from startups, to small businesses, to multinational corporations. We have assisted workers in a variety of industries, from healthcare, to information technology, to finance, to electronics. A U.S. employer can sponsor a worker for permanent residency.

Labor Certification

The first step is called labor certification, also known as PERM. The sponsored job must be advertised in a variety of media, if no qualified US worker is found, the employer can sponsor the worker. There are a limited number of green cards issued each year, for each country, for each job category.

So depending on your job and the country you’re from, the process can take anywhere from one and a half years to more than ten years. Also, work visas often have a limited time period, so its important that workers and employers start the process as early as possible.

By: Francis Fungsang

We have nationality traits. Like the Russians, the Ukrainians, they’re very different from the Philipinos because of the high and the different fraud level. The level of fraud is different. Nigerians is very different from Sudan, very different from South Africans, and it’s very different from Kenyans, Afghanistans, Pakistans. So it’s all different.  Like the fall of the Shah in the 80s and 70s. A lot of Iranians come to America. So with that, we did a lot of cases. But then the Marriage Fraud Act came in in 1984, and in ’86, IRCA came in. So all these are new changes, 1990 IMMACT 90, three strikes you’re out, by President Clinton that affected. So we have a lot of new things going in the past 35 years.  I’m also lucky because of the history I’ve been doing. Because once I started out in this practice, we used to have no secretary and one desk, and that’s me.

So I would run to Immigration, run back, because there’s no Xerox machine there. So I would run back to the office, make some Xerox, and run back. But now, immigration is growing. In those days, it’s a very small department of DOJ. In the olden, olden days, it’s with the Labor Department, then with DOJ. Now it’s with DHS, which is Homeland Security.  So some of the interesting cases we have done? We did Tony Pena, Jose Mesa. We did a lot of great tennis players. We did a lot of high-profile. But my pride and joy is really working with the everyday cases.

Each country– in the olden days, it’s quota. It’s priority-based. Now it’s still quota and priority-based– actually, in the olden, olden days, it’s hemisphere: eastern hemisphere, western hemisphere. But in ’94, the Civil Rights Act came in. ’95, the Quota Act came in, both by President Johnson. So people like us– I came in 1969. Actually, Taiwan kids came in ’66, ’65, ’67. And then Hong Kong kids came. And then the PRC came en masse in the past three or four years, because Hillary Clinton, before she resigned or retired from the State Department, really make more tourists and students come from overseas to enjoy our education system, to enjoy our touring, because our country– one of the increasing trade from our country should be from tourism and from education – foreign students – because foreign students pay three-times the school tuition than the in-state pay. Because foreign students have a F1 level, and then the general admission, and then the in-state tuition, which is lower than the general admission in all public schools.

So in the past few years, you see a lot more different countries coming to America on F1s. But about in the ’60s and ’70s, because Nixon and Kissinger did not open up the Far East until ’72 visit, ’78 visit, so en masse, all the Chinese came after ’78. But the Koreans came a lot earlier, because of the Korean War – ’51-’53, the Korean War – so Korea and the Philippines of course. In the Second World War, Philippines is a strong ally of America. That’s why in order to be a great immigration lawyer, you really need to know the world. Read the newspapers. Know the history.

By: Margaret Wong

I want to talk to you about the EB-11 or Extraordinary Abilities Visa. The EB-11 Visa is available to any immigrant who can demonstrate that they are at the top of the field of endeavor, and have extraordinary abilities in almost any profession or career. There are two ways to prove that you have extraordinary ability.

The first is to demonstrate that you have received a major internationally recognized award in the field such as the Nobel Prize. The second is to provide evidence that meet at least three out of ten criteria set forth by immigration regulations such as having judged the work of others in the field, authored scholarly publications, or produced an original contribution of major significance to the field.  An immigration officer will then conduct a Final Merits Determination where they consider the entire petition and determine whether or not you have achieved national or international acclaim, and that your achievements are recognized in the field.

There are many benefits to this type of immigration Visa classification. For example, EB-11s have the ability to self-petition. Meaning they do not need an employer to sponsor them. They can also bypass the burdensome labor certification process. If you think you might qualify as an individual with extraordinary ability, you should contact an experienced immigration attorney to help with this complex case. The passion of our staff can’t be beat. We share your joy and we share your tears. We understand that immigration practice is more about winning or losing cases. It’s about changing lives.

By: Marisela Marquez