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Saturday, December 8, 2012

Western Australian Skilled Occupation List 2011 - 2012

Western Australia - WA Skilled Occupation List 2011 - 2012 is the older edition that was released in 2011. This list is a generous expansion on older version and includes more trades that are in demand. The classes reflected in the list were intended to serve onshore and offshore migration applicants. With the implementation of SkillSelect the perspective of skilled migration has been completely transformed. Changes in functional aspect of immigration statutes have made this list more simplified and practical. A new tabulation to correspond new policy is yet to be released.

This state is more focused on extraction and processing of natural resources and lesser on manufacturing set-up. Besides the rapid expansion of basic sectors, a parallel emergence of tourism, construction, and other ancillary and service sectors is worth noticing. Like all other states of Australia Health care has been a prominent social initiative in WA also.

This western province is a major contributor to the national GDP. Gross state produce is also higher than the national averages, making this state better off than rest of nation in terms of

• Gross state product per person

• Median individual income

• Median family income

With expanding commercial and non commercial sectors there is a consistent demand for the trained work force to enter the state to work and settle down. Domestic recruitment sources have proven to be insufficient, which has prompted the local authorities to formulate an endorsement program in coordination with department of immigration and citizenship - DIAC to encourage overseas skilled migration. Under endorsement scheme, provincial authorities select aspiring migrants for sponsorship on basis of aspirations and swings in local labor pool.

Skilled Trade List of WA plays a pivotal in the state sponsorship program. This list is expansive and covers all attributes of occupational premise. The latest edition to correspond new SkillSelect platform and amendments in skilled migration program is yet to be launched, so currently list pertaining to year 2011-2012 is being used for occupational reference codes.

The skilled professions register has references to various trades facing chronicle expertise deficit and covers all aspects from white collar jobs to blue collar employment possibilities. One thing that must be noted here that this schedule is a generic list and does not however promise an applicant a sure shot job. After being endorsed by the state government, you have to look for a job on your own or work anywhere else till you get the requisite employment. You must also arrange necessary licensing from relevant licensing agencies, if applicable.

The trade tabulation covers sectors such as

• Metal industry

• Health care

• Education

• Aviation

• Tourism

• Agriculture

• Construction

• Infrastructure etc.

Western Australian Trade List has references of relevant evaluating agencies. These agencies are responsible for conducting a correlation study on your educational achievements and professional endeavors and advice DIAC.

The Dred Scott Case and the Fourteenth Amendment

The fourteenth amendment to the Constitution grants United States citizenship and also citizenship of the state where an individual is born to those born within the boundaries of this country. This amendment was adopted in 1868, as a means of securing the rights enacted in the Civil Rights Bill of 1866, following the end of the civil war. Both the Civil Rights Bill and the fourteenth amendment were a result of a Supreme Court decision reached in 1857, known as Dred Scott vs. Sandford, and had to do with the issue of citizenship for freed slaves.

Scott was a slave, born a few years before 1800, and owned by Peter Blow. He was taken by his owner, to Missouri, in 1820. Peter Blow died, and Scott was purchased by Dr. John Emerson, a United States army surgeon, and taken to Fort Armstrong, Illinois. Illinois was brought into the United States, in 1819, under the provision that slavery was forbidden in that state. Dr. Emerson was then moved to Fort Snelling in the Wisconsin territory, where slavery was "forever prohibited". During his stay in Fort Snelling, he married Harriet Robinson. Marriage was seen as a contract, and a slave could not enter into a contract, nor marriage. The entering of the marriage contract in a free territory was one of the main underpinnings of his claim of freedom.

Dr. Emerson was assigned to Louisiana, and en route, a baby, Eliza, was born on a boat on the Mississippi River, within the Iowa territory, which also prohibited slavery. Dr. Emerson later died in 1843, and for three years, he continued to work for his widow. When he attempted to purchase his freedom from his owner, she refused, and he began seeking legal recourse for obtaining his freedom.

The first case was heard in a court in the Missouri territory, which had been favorable toward slaves, and this was believed to be an easy case to win. However, on a technically of not providing a witness that he belonged to the widow Emerson, he lost his case. Higher courts refused to overturn the decision, and the case eventually reached the Supreme Court of the United States.

The questions that the Supreme Court sought to answer in three points. The first was whether or not Dred Scott had the ability to be heard in federal court, because he had not yet been proven to be a citizen in any state. The second was whether the United States could grant citizenship to a person not having first been granted state citizenship. The final question was whether or not living in a free territory was basis for claiming free status.

On the last point, the decision was that his return to the Missouri territory overrode the time he spent in free territories, and therefore, he was not a free man. The decision led to the eventual passage of the fourteenth amendment, which in part, overturned the ruling. The question remains today over who becomes a citizen under the fourteenth amendment.

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Are You Consulting Immigration Lawyers?

Only immigrants can tell how bothersome and tiresome it can be to locate reliable, successful and competent immigration lawyers and then schedule consultation sessions with them, all the while trying to get your case solved. The purpose of immigration lawyers is to help their clients with their issues and solve their problems. They might have to fight for their cases in the court. Although immigration lawyers do their best to fight for their clients and get a successful outcome, their clients are also just as anxious and worried. The immigration problems make immigrants run to lawyers in order to seek help for navigating through the laws. Immigration lawyers deal with various branches of immigration law. They could be aiding their clients with family immigration, issues with the green card, employment visas or deportation. There are various other facets of immigration law. Different lawyers deal with different fields of law and hence you must schedule a consultation with the one who specializes in dealing with your type of case.

Most countries have their own local bar associations that have detailed information about lawyers. Such bar associations are a good source for locating lawyers, because they provide a kind of service to their public. The client in need of a lawyer has to call up the bar association and get contact information of lawyers. When the client calls the bar association he or she will have to describe the case with a few required details. This will help the bar association operators to give information about the right kind of immigration lawyers, who deal with the kind of cases that the client is looking for. The bar association's job is to give the phone number as well as the address of the immigration lawyers, who could help him or her.

Another source of gathering information of lawyers is the internet. One can go through a lot of different websites that will provide valuable information about various immigration lawyers practising different branches of immigration law. A lot of websites can give a list of all the immigration lawyers found in the local region of the person visiting the site. Hence, internet is also a valuable source of gathering contact information.

Whatever the source of gathering contact information about different immigration lawyers, the next step is to call them and schedule a face to face meeting. However, before one goes for such a consultation session, there are a few tips to make the consultation worth the time and visit.

The client must first gather and arrange all the legal documents that might be required by immigration lawyers. Lawyers may ask documents such as green card, visa application or passport etc. The client must make sure that he has all these documents arranged in a file before meeting. Going prepared and planned will make sure that your visit to the attorney does not go in vain just because you did not carry required documents. It will also help you to avoid unnecessary trips to the immigration lawyers.

The last step is to meet the lawyer at the scheduled time. The client must take all his documents with him on the first consultation session. The lawyers will inspect all the documents thoroughly. During consultation the client will have to describe his case and the entire situation to the layer in detail. The lawyers will ask a few questions. During this question and answer session the client must clear all his doubts.

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Immigration Reform and Control Act and the Effect on the Labor Market

The immigration laws, passed in the twentieth century, that shaped the inflow of people from other countries started with measures to deal strictly with numbers, and not work-related skills. Two laws were enacted in the 1920's that imposed quotas on people entering the United States from other countries. They were the Emergency Quota Act of 1917, and the Immigration Act of 1924. The former, passed by Woodrow Wilson and an overwhelming majority in Congress, barred entry of "undesirables" including those with mental illnesses and those under sixteen years of age who were illiterate. That law also introduced a reading text as a condition of citizenship.

The Bracero Program of 1942, passed into law by Franklin Roosevelt, was a migrant worker program, allow workers from Latin America entrance into the United States for agricultural work, only. Immigration and Nationality Act of 1952, added deportation to those suspected of being a Communist sympathizer. The Immigration and Nationality Act of 1965 was the first law to do away with quotas based on national origin, and to favor those with family already in the country. This law also did away with the those entering under the Bracero Program, and created the first wave of illegal immigrants from Latin America, due to the inability to enter under the migrant worker program.

The Immigration Reform and Control Act, or IRCA, was setup to deal with the influx of illegal workers who began to enter the United States larger after the repeal of the migrant worker program. The law stated that employers who knowingly hired illegal workers would be held liable. The law also established the I-9 form as a means of verifying status for working eligibility.

The immediate impact that the passage of the IRCA had on hiring practices was negligible. Employers continued hiring practices with those of unknown status, and the I-9 forms were not aggressively enforced. There was a move to the hiring of subcontractors as opposed to direct hiring. This allowed the employer to not have to deal with the status of the workers. Rather, the subcontracting firm was responsible for legal status of its workers. The laborer suffered a decrease in wages, as subcontractors held a portion of the worker's pay to cover overhead expenses.

The reform act known as IRCA is still in force, today. Little is being done to verify the information supplied on the I-9 forms. When a worker is suspected of not having legal status, the enforcement is largely imposed upon the laborer, and not on the employer. There is need of reform of the immigration laws to come into line with practice, or for stricter enforcement of statues currently in place. Having one set of laws, and a separate practice for enforcement is not a good way to control immigration.

J-1 Physicians Part 2: The Interested Government Agency (IGA) Waiver - ARC and VA Waivers

The third and most common J-1 waiver is the Interested Government Agency (IGA) waiver. If a government agency requests a waiver of the foreign residency requirement for you, then it is almost always granted. Currently, there are five IGAs who consistently request waivers for foreign medical graduates:

Appalachian Regional Commission (ARC) waiver (federal agency); Department of Veterans Affairs (VA) (federal agency); United States Department of Health and Human Services (HHS) (federal agency); Delta Regional Authority State Health Agencies under the Conrad 30 program.

In this article we will be discussing the ARC waiver and the VA waiver.

Appalachian Regional Commission (ARC) Waiver

Although Congress passed legislation in late 2004 which allows federal agencies to sponsor waivers for specialists, the ARC waiver requires you to practice at least 40 hours per week as a primary care physician for a minimum period of three years at a health professional shortage area (HPSA) facility located in the Appalachian region. The Appalachian region includes Alabama, Georgia, Kentucky, Maryland, Mississippi, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia and West Virginia. The ARC defines "primary care" as internal medicine, family practice, pediatrics, obstetrics and gynecology, and general psychiatry.

You will be required to sign a three-year employment contract that includes a $250,000 liquidated damages clause. This means that you will be required to pay a $250,000 penalty if you quit the job before the end of the term.

Your employer sponsor must also submit documentation of recruitment efforts for the six months immediately preceding the date of the employment contract. These recruitment efforts must include notification of the job opening to all the medical schools/residency programs located in the state where the job is located. Finally, the waiver request must be accompanied with a letter from the governor of the state in question.

Department of Veterans Affairs (VA) Waiver

The VA waiver is available to physicians coming to work in facilities run by the Veterans Administration. Unlike most of the other IGA waivers, the VA waiver is not restricted to primary care physicians nor must the facility be located in a HPSA. However, the VA will only sponsor you for a J-1 waiver if your services are necessary for the continuation of a specific program and the VA's efforts to fill the position with a U.S. physician have failed. In that vein, the sponsoring VA facility must submit extensive documentation of national recruitment efforts for the 12 months prior to submission of the waiver application. In addition, you must sign a minimum one-year employment contract.

Please note that although the VA waiver only requires a one-year contract, you must practice with the VA for at least three years to comply with the USCIS waiver requirement.

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Re-Entry Permits and Immigration

Being an immigrant makes a number of things difficult. Immigrants must deal in their daily lives differently than citizens and permanent residents do. One seemingly simple task that is actually incredibly difficult for immigrants is leaving the United States temporarily and then attempting to return. There are many reasons why an immigrant to the U.S. might want or even need to leave the country. That individual might have family or other important business they need to attend to. Unfortunately, many have to put off their plans to temporarily leave the United States. Are there any viable options available to immigrants?

The good news is that immigrants can lawfully leave and return to the United States, but they must have the proper documentation and paperwork to do so. It may be difficult to obtain the correct paperwork without the help of an attorney, so it is highly advisable to speak with an immigration lawyer in your area. According to the United States Citizenship and Immigration Services (USCIS), immigrants must fill out an I-131 application form called the "Application for Travel Document."

This form may be filed online and must be sent to one of the predetermined USCIS filing addresses. There is a filing fee for those who wish to obtain this application. In most cases, the fee is $360 but there are sometimes additions and exceptions under some circumstances. Keep in mind that this is an application, and not an automatic license. It may be particularly difficult for those with a criminal record to have their applications for re-entry granted. Applications can be denied in some circumstances. In these scenarios, immigrants may be able to start the reentry process over or file an appeal. Although these may be viable options, time is usually not on your side.

Immigrations issues are notorious for being time sensitive and incredibly intricate. According to USCIS, expediting immigration paperwork may be possible, but these are only permitted on a case-by-case basis. They list the following criteria that typically warrant expediting approval: severe financial loss, emergency situations, humanitarian situations, national interest situations, USCIS error or other compelling interests of the USCIS. As an immigrant, you may feel as if the battle being waged is you against an entire country. Why not get the help of an expert on your side? Thousands of immigrants have been helped and allowed re-entry into the United States after they procured the services of an immigration attorney. You may heavily want to consider this option.