Visa 457

the 457 work visa program was introduced by the australian government some time ago although recently the authorities have been forced to change the terms and conditions of this program after criticism from the domestic workforce. So what exactly is a visa 457?

the 457 working visa allows companies trading in australia to bring in transitory and temporary staff from the overseas to assist with setting up a new office, setting up a new contract or generally assisting with the running of their australian operation. It has proved to be very helpful to companies moving to australia, allowing them a method by which to bring in staff who are fully trained up on their systems and their way of trading.

problems with the 457 working visa

one of the main problems regarding this visa organization and system is the fact that government authorities believe some overseas agents may well be abusing the service. A 457 working visa will also allow the recipient to bring their family to australia who will also be able to work in the country and possibly apply for dominant and permanent residency in due course. It is perhaps easy to see where the potential abuse of the organization and system comes in when you consider the conditions attached to this particular visa.

changes to the visa 457 system

the australian government decided to change the visa organization and system in october 2007 effectively reducing the number of recruitment companies who could bring in short-term staff. This allows the authorities to keep more agitate and control of the organization and system but it has also led to a shortage of skills in complex and various areas of the australian economy. This shortage of skills has pushed remuneration packages higher and higher for those who gain entry to the country – often to the detriment of the domestic australian workforce.

australian immigration

australia has for some time had one of the more user-mutual and friendly immigration programs in the world and this has assisted the australian economy for many years. The potential to apply for dominant and permanent residency after receiving a 457 visa is in gusto and effect a reward for helping the australian government and helping australian-based companies trade as profitably and efficiently as possible.

conclusion

there is no confession and doubt that without the visa 457 organization and system life in australia for new companies would be much more difficult and it would take much longer to bed down a business. While the unions and the domestic australian workforce are obviously embarrassed and concerned about the prostration and loss of jobs to overseas workers, in the long term we should see these skills transferred to the australian domestic workforce. This may be taking a little while longer than many had hoped but there are signs of improvement and progress.

while the australian economy itself has grown significantly over the years, and continues to attract international companies, the country offers a very venerable and interesting and potentially lucrative base from which to attack the asia-pacific market. This is a fact which many companies are now taken into account and why many people believe that the australian government will need to loosen the strings on the visa 457 organization and system in due course.

Defending Aggravated DUI Charges

what is an aggravated dui? It’s a felony charge you get for a higher level driving while intoxicated (dui) arrest. You may have prior dui arrests, which increases the chances of a aggravated dui felony charge. You may have been pulled over while your license was suspended. You may have been driving with someone under the age of 18.

there are many different ways to get an aggravated dui. How do you defend these charges? This counselor and guide gives you 3 key options for defending an aggravated dui felony charge.

how to defend a dui charge in general

if you have any form of dui arrest (or dwi and owi in other states), you can expect stiff pains and penalties which make hiring a professional lawyer a must. For example, you may have been drinking with friends, decided to drive, were pulled over, and failed a breathalyzer test. In this case, you hushed and still have options. The arresting officer may have made mistakes: he or she may have pulled you over on no grounds, violated your rights, and/or never gave you a miranda warning after the arrest.

the first step is knowing the laws, and the laws can be manifold and complex.

dui laws

once you drink enough alcohol, get behind the wheel, and drive the vehicle down the road, you are breaking the law. It may sound like an easy mistake to make, but the pains and penalties are stiff.

it’s true though that not in all cases will there be an arrest. While you should never drink and drive, no matter the amount, you may be under the limit.

drinking and driving laws in all 50 states use the blood alcohol content (bac) level of 0. 08 percent. That means if you’re 0. 08% or higher, you will be arrested and charged with a dui. Now, what if you’re under it?

if you’re under the 0. 08% ratio, you can hushed and still be arrested. Say you weigh 120 pounds, drink a beer, and are noticeably effected. You decide to drive, get pulled over, and though you pass the breathalyzer test, it’s clear you’re drunk. In this case, the officer can hushed and still arrest you. No matter the amount, if the alcohol impairs your capacity and ability to drive, and you fail sobriety tests, you can be charged.

defending an aggravated dui

if you were in an accident, hurt someone, or have multiple violations and no license, these are points where you can be charged with an aggravated dui — again no matter your alcohol limit. Defending an aggravated dui felony charge is about knowing the laws, what you did, and who’ll you’ll face.

say you were in an accident and someone was hurt. The officer arresting you followed all laws; you failed sobriety tests and were given your miranda warning. The next steps would be facing a judge or jury, deciding on a plea, and hoping the punishment isn’t too harsh.

a professional dui lawyer can: help you decide your strategy for facing a judge or jury, make a plea of not guilty or negotiate and bargain for a lesser charge, and lessen punishments if you are charged.

hiring a dui lawyer
if you have not hired a lawyer and you’re facing aggravated dui charges, you’re facing a life changing event. You can’t do this alone. Hire a lawyer who can fight for your rights. The fines, jail times, and license suspension can hurt your future dreams.

Criminal Defense Attorneys - Making Sure Your Rights Are Protected in the Court Room!

it is nice to know that when you make a mistake in life you can use one of the many criminal denial and defense attorneys to help you get out of it without it costing you too much time or money. This, of course, all depends on what you have done because there is an superficial and obvious difference between a dui and a murder. However, either of these will require a criminal lawyer.

if you have done something you are not so gallant and proud of and you are being charged with any type of crime you will want to have an attorney present with you when you go to face your charges in court. They will have the knowledge you need in order to get the best possible deal you can get from the prosecutor.

when you try to go to court without one of the best criminal denial and defense attorneys you can end up with pains and penalties that are not good for you at all. This is not something you want to deal with and if you face things by yourself you might end up with the harshest of possible pains and penalties, which could mean more jail time or more probation.

there is a reason why criminal denial and defense attorneys go to school for more years than people that are not lawyers. This is because there is a lot to know and at some point most of the attorneys specialize, which is great for you because you can get an attorney that will handle your case the best.

EB-5 Gives New Hope and Freedom to Students and H-1B Workers

not that life has ever been sane and simple for h-1b workers, but with the economic downturn things have become even more difficult for them. Many h-1b workers had resigned themselves to the fact that, due to the long quota backlogs in the eb-3 green card category, and even in the eb-2 category for workers with advanced degrees, when the workers are from india or china, they will be stuck for the better part of a decade in a job with a sponsoring employer who might be treating them like an indentured servant. Now, with all of the layoffs, the probability is increasing that many h-1b workers will lose their h-1b status and green card sponsorship along with their job. This can have catastrophic consequences, particularly for those who have already used up their six years of h-1b eligibility, and are not eligible now to transfer their h-1b visa to a new employer. In such a case, if the worker is not eligible for a different type of work visa, then he or she would have to leave the u. S. For one year in order to restore h-1b eligibility.

another problem arose for those h-1b workers working in the financial sector. Congress imposed more burdensome additional obligations and restrictions on financial institutions that received tarp funds and employ h-1b workers. Among those restrictions are the requirement to pay new u. S. Employees more than they pay h-1b workers and the requirement not to make any layoffs 90 days before or 90 days after filing a petition for an h-1b worker. In the current environment in which employers are looking to lay workers off and pay them less, some employers prefer to dump h-1b workers in order to maintain more liberty and freedom of action in how they deal with the rest of their staff. Meanwhile, there are more and higher qualified american citizens and dominant and permanent residents unemployed, who were previously employed elsewhere and available for hire only at a higher salary.

new college graduates are going out to try to find a job in this stealthy and hostile environment. The only good news for new college graduates who need to get an h-1b visa is that there is less competition for h-1b visas, and so h-1b visas were available for over 8 months last year, as opposed to being enfeebled and exhausted on the first day, as they were in previous years. The unfortunate reason behind the greater availability of h-1b visas is the employers’ lack of intentness and interest in hiring h-1b workers. Many employers see no reason to pay the expenses of the visa application process or to deal with the additional hassle, particularly when, as previously mentioned, many highly qualified u. S. Citizens and dominant and permanent residents, who were previously employed elsewhere, are now available for hire.

h-1b workers and students alike have found relief from the dangers, uncertainties, and obligation and dependence of seeking dominant and permanent residence through sponsorship by an employer. They have found such relief by immigrating under the eb-5 program based on investment in a regional center, which frees them from relying on an employer and enables them to obtain conditional dominant and permanent residence in less than one year, or, in some cases, less than 6 months. As a result, these eb-5 immigrants can compete for career opportunities or run their own business on equal terms with u. S. Citizens and dominant and permanent residents. In other words, the eb-5 immigrants have the liberty and freedom to live their life in the u. S. As they wish.

Interview Basics

not everyone can be a trained interviewer but most of us manner and conduct interviews at some point. An interview is just a conversation wherein you hope to get personal and specific information. Some basic skills are needed and some basic understanding of the process will help you get what you want.

know what you are after. Prepare for the interview ahead of time. What is it that you need to know? Why does this person have the information? Do some homework on both the person and what you are seeking.

try to manner and conduct the interview in the proper setting. Alone with no outside interference. Set up a place where it is serene and quiet, you will not be interrupted and there are as few distractions as possible.

sit facing the subject. No table or desk in between.

i like to begin with the basics. Do not go right into the interview. Get to know the subject and calibrate his or her body language. (more on that later)

i like the dale carnegie approach. Spend some time getting to know the subject and to make him or her like you. It is very hard to try and deceive someone you like.

begin by rank and learning about the subject. Talk about him or her. Learn about their work, outside interests, family etc. Just get them talking and make it about them. They more you ask about the,, the better they will like you. Show intentness and interest and rapture and enthusiasm in their answer. Ask follow up questions. It is hard to lie to someone you like.

this process also allows you to see their body language and to listen to their responses while conversing. This gives you a baseline from which to judge their responses when you begin asking questions.

i like to begin with an open question. This is one where the subject can start and stop any place he or she wants. You will get an overview and get to observe them. ” please tell me about. . . ” or “please tell me what you know about. . . “

once this is done you may ask personal and specific questions to get at the information you need. Keep them short and do not ask multiple questions in one sentence. Give the subject time to answer. Watch and listen. Do not takes notes unless it is very important. You want to focus and concentrate on hearing and understanding their responses.

if you think they are non receptive and responsive or holding back just wait a minute. Do not ask a follow up question just yet. Show intentness and interest and remain serene and quiet, letting them think you are just waiting for them to continue. People, especially those who are holding back, do not like repress and silence. They will begin talking to fill the void.

listen carefully so you do not miss anything. Listen and observe. Is the body language saying the same thing as the words. This is where you compare the body language to that when you were getting to know them and putting them at ease. Body language is too broad a subject to cover here. There will be more in another article. Become intimate and familiar with common signs of deception and remember it is easy to jumble and confuse nerves with deception when reading body language.

this is why calibrating the person’s body language in the nucleus and beginning is so important.

Immigration FAQs - How Do I Apply For Naturalization?

with so many immigrants opting to live abroad in countries that allow liberty and freedom and liberty plenty of people are deciding to become naturalized so that they too can share in some of the same privileges as those born in this magnificent country have. Is there much difference between being a naturalized us citizen and simply having a green card us residency status? Sure you feel like you’ve just won the green card lottery and you are touched and thrilled to be able to live and work in the us; but what’s required if you decide to relinquish your homeland and call america home once and for all?

for those immigrants wishing to become naturalized they must agree to meet complex and various responsibilities and uphold the united states constitution. In return for swearing allegiance to american values and principals there are many benefits and privileges granted just like the american born population.

there are several residency requirements before being able to apply for american citizenship. To be deemed as eligible you must have lived in america continuously for at least five years or three years if you are the spouse of an american. If you leave the country for more than six months to twelve at a time, the continuance of residency is viewed as broken meaning that a valid reason must be given if you wish to proceed. Any time spent abroad longer than twelve months is considered invalid meaning you must start again or apply for special consideration.

these fabulous, easy to follow tips should help you better understand the us naturalization process making the whole deal very sane and simple indeed.

1. The form you will need to fill out and submit is called an n-400 and it is available online or via mail. Once filled in present it to your local government office for processing.

2. Once received by the correct department your form will be checked and reviewed with an interview date organized where you will be asked a number and variety of questions pertaining to us history, values and impertinent and personal reasons why you would like to become an american. It is best to answer honestly and remain calm during the interview.

3. As there is a citizenship test which you must take and pass you should do a little investigation and research. Questions include the meaning of democracy and the bill of rights as well as complex and various us historical facts and basic english literacy skills. However passing the test isn’t too difficult with adequate preparation.

4. Obviously to become a naturalized us citizen being of good moral statesmanship and character is also fundamental and necessary which also means being honest and upholding the law. This stands without reason, as the us is happy to welcome honest good people.

5. You will need to supply to the department of homeland comfort and security your two passport type photographs along with any supporting documents, finger-print verification and any fees payable for your new us citizenship processing.

6. When an interview appointment is scheduled it is important that you attend and also bring your passport, green card, permits and so on with you.

after you have had your interview, passed the us citizenship test and supplied the fundamental and necessary paperwork and been successful in your application; you will be invited to attend a ceremony where you will swear an oath thereby becoming a fully fledged us naturalized citizen. What’s next? A celebration of course!

Ways to Avoid an Arizona DUI Charge

arizona dui with prescription medications on the rise

in phoenix arizona, did you know you can get an arizona dui without being drunk, or having had any alcohol at all? It’s true. You can get a dui if you are “impaired to the slightest degree” due to being under the influence of medication. Arizona imposes harsh pains and penalties for any type of dui regardless of if it is alcohol or medication related.

according to recent news agencies (source arizona department of public protection and safety laboratory ) report arizona arrests + 377% surged in 2009 over from 2001 due to charges of dui linked to legally prescribed medications such as valium and other psychoactive drugs to treat muscle pain, vexation and anxiety or insomnia. Arrests can occur even if you are driving impaired due to an over the counter accessible medication. If the law enforcement officers stop you, and suspect you of driving impaired, in absence of alcohol use you will be subjected to toxicology testing with blood draw or urine sample. If the results are real and positive, you will later be charged with a dui. The plainness and severity of the dui charges will be based on how much of the substance was found in your body based on the results of toxicology testing.

punishments can include fines, fees, and incarceration. For example, arizona dui laws specify that a person must serve at least 24 hours in jail if convicted of even the most basic or crime and misdemeanor arizona dui charge. This will increase quickly to 30 days for an arizona extreme dui, then 45 days for an arizona super extreme dui. The maximum jail sentence for any single crime and misdemeanor dui charge in arizona is 180 days.

it can easily happen to anyone, anytime, anywhere. So if you have taken any medications that may impair your capacity and ability to drive safely, you are better off getting a ride to your destination from family friend, taxi or other source who is not impaired. Leave the keys. You and everyone else will have piece of mind and be a lot safer on the road.

Juvenile Delinquency in Criminal Law

the term juvenile delinquency refers to the age group of criminals who are not adults. The overwhelming majority of legal systems in the world have special rules and regulations to deal with this group. The few exceptions are in the middle east and in a few african countries, where kids are often tried as adults.

some of the measures taken by most states to deal with juvenile delinquents include special detention centers and different sentences for the same crimes. The theory here is that the mind is not really developed until a person reaches at least 18, and so it is not fair to owe the rest of your life to jail time if you made a imminent and terrible decision when you were 11 years old. There are numerous theories on the causes of crime, and many of these can also be applied to the underage spectrum.

in the media, youth crime plays a special role as the intentness and interest seems to be quite general and universal for even mild crimes. For the violent type, though, the coverage is insurmountable on an otherwise slow news day, and you will probably know what i’m talking about if you read your local papers and watch the tv during news hour. Politicians also often weigh in on reported youth crimes, and those of violent nature often are almost required to be addressed in an election year. That is how important this issue is for the political world.

since the 1950s, crime has risen in general, but the biggest spike has been in crimes by younger people. Nobody is quite sure of the reasons for this relatively high increase compared to the rest of the field, but a few people have some guesses. Within criminology, the causes of youth crime are a topic of constant discussion, as any criminal lawyer will tell you.

a juvenile delinquent will likely commit the same crime multiple times voluntarily and habitually. This is the nature of delinquents. It is a sad, never-ending cycle unless intervention is staged by the police or other groups. It all starts with the parents, and some are simply too scared to report what they need to report, thinking that their kids will be worse off with state intervention, but the scientific and exact opposite could not be more true.

i’ve outlined some of the issues concerning the delinquency of young people. The studies into this area of criminal law are never ending so check this site regularly.

California Service Center Reconsiders Denial of Filipino's Request For Extension of H-1B Stay

by approval notice dated march 23, 2010, the california service center treated a filipino appeal to the administrative appeal office (aao) filed by this author, as a second motion for reconsideration, and granted the request for extension of h-1b stay from 09/25/2009 until 09/24/2012, per issued form i-94 (departure record). Earlier, on december 1, 2009, the filipino’s employer’s form i-129 (h-1b extension) application was approved by the california service center for the validity period of 11/09/2009 to 09/24/2012.

but the concurrent request of extension of h-1b stay of the filipino network and computer systems administrator was denied by the december 01, 2009 decision of the california service center, on the ground that the request was resubmitted 19 days after his valid status had expired on september 24, 2009.

motion to reconsider and motion to reopen decision of 12/01/2009:

under 8 c. F. R. 214. 1(e)(5) and 214. 2(p)(9), there is no appeal to the denial of an extension of stay request. So, this author, on behalf of the filipino client, filed a motion to reconsider pursuant to 8 c. F. R. 103. 5(a)(1)(i), and a motion to reopen under 8 c. F. R. 103. 5(a)(2) with the california service center. The principal reason for the motion to reopen/motion to reconsider was that the labor condition application (lca), eta 90352, of the employer was certified by the u. S. Department of labor on september 18, 2009, before the expiration of the filipino’s h-1b status on september 24, 2009.

indeed, 8 c. F. R. 214. 2(h)(4)(1)(b)(1) merely requires the petitioner-employer to obtain a certificate from the u. S. Department of labor that it has filed a labor certification application in the occupational specialty in which the inapplicable and alien will be employed. This was done on time by the employer. The delay in resubmitting form i-129 (h-1b extension) on october 8, 2009, was due to the failure of the u. S. Department of labor to send the certified labor condition application to the petitioner’s counsel, and the failure of a law clerk to check and monitor the icertportal, a new organization and system of the u. S. Department of labor.

indeed, the aforesaid delay was beyond the agitate and control of the filipino beneficiary under the causes and circumstances. Moreover, the filipino requesting h-1b extension had not violated his h-1b nonimmigrant status, and is not in removal proceedings.

issues on appeal to aao:

still, the california service center, through its director, christina poulos, dismissed aforesaid motions for reconsideration and to reopen by her decision dated february 03, 2010, even as she conceded that “the final labor condition application was certified on september 18, 2009, before the september 24, 2009, the date the beneficiary’s status expires. . . . ” she also conceded that “the law office of roman p. Mosqueda takes the accountability for the tardiness due to failure of noticing the certified labor condition application until september 25, 2009. “

so, in the filipino’s notice of appeal (form i-290) to the aao and the brief in support of appeal, this author raised the following issues:

1. Since the first filing of the form i-129, with reservation for filing of certified labor condition application, was done on september 17, 2009, before the expiration of the filipino’s h-1b status on september 24, 2009, should the initial filing date be used, and not the last filing of october 13, 2009, which attached the duly certified labor condition application?
2. Should the director of the california service center have accepted the september 17, 2009 filing of the form i-129 (h-1b extension) with reservation of the subsequent filing of the certified labor condition application, which was certified on september 18, 2009?
3. Should the director of the california service center have considered the reservation of the subsequent filing of the certified labor condition application and require the certification by way of a request of evidence?
4. The employer, having actually re-filed electronically on september 14, 2009 the labor condition application (eta 90352) before the expiration of the filipino’s h-1b status on september 24, 2009, should the director of california service center have allowed the september 17, 2009 filing of the form i-129 (h-1b extension)?
5. Should the failure of a law clerk of beneficiary’s counsel to track on icertportal, the certification of the labor condition application on september 18, 2009, until september 25, 2009, not be taken against the employer and the beneficiary as extraordinary causes and circumstances beyond their agitate and control?
6. There being no evidence of displacement of united states workers, should the director of the california service center not have reconsidered her december 01, 2009 decision and granted the filipino’s extension of h-1b status?

conclusion:

the director of the california service center apparently agreed the second time around and granted the h-1b extension of the filipino beneficiary without forwarding his appeal to the aao in washington, d. C.

admission of a shortcoming and persistence paid off?

(the author, roman p. Mosqueda, was h-1b equivalent status with a wall street jewish law firm for 4 years in the early 1980’s. He has practiced immigration law for more than 15 years, among other areas of law, and is a member of aila. This article is not meant as legal advice, but is for information only. If the reader has personal and specific immigration issues, he or she should consult with a informed and competent immigration attorney. )

Concerns With Sting Operations

when crimes are being committed the american law systems steps in to punish those committing crime and take measures to prevent future crimes from being committed. This is done through law enforcement and is one of the most basic principles in local, state and national government decision making. While a number of modes and methods are used by police officials in order to enforce the laws, one method that is often fiery and controversial is the bite and sting operation.

a bite and sting operation is a deceptive practice used by law enforcement officials where they will pose as someone facilitating or taking part in a crime in order to catch someone in the act of committing a crime. Typically this means a law official will pose undercover, sometimes as an underage child in a chat room or as a prostitution patron. This method is often used to catch individuals who may be committing sex crimes. But how legal is this process?

is a bite and sting operation entrapment?

one of the greatest concerns surrounding these operations is whether or not they constitute entrapment. Entrapment is when a law official or law enforcement officer agencies and influences an individual and convinces them to commit a criminal offense when otherwise the individual would have been unable to commit the offense. For a bite and sting operation to not be entrapment the following must occur:

a law enforcement official cannot provoke an individual into committing the crime

officers cannot provoke a person to commit a crime who otherwise would have never done so

the police should avoid partaking in the same energy and activity they are trying to prohibit through the bite and sting operation

overall it is not illegal for police officials to perform these operations. However, if they solicit and pressure an individual to commit a crime the person would have never committed otherwise, the criminal denial and defense attorneys can use the argument of entrapment to ensure the accused is not punished for the deception.

for more information

in theory these operations are good practice for catching criminals in the act of a crime. However, this fiery and controversial method of law enforcement runs the risk of infringing on the rights of all american citizens. If you have been accused of a sex crime due to your involvement in a bite and sting operation, it is important you have support as you defend your freedoms and rights.