KraftLaw Newsletter

I was overly optimistic when I praised the change in the law last year that created a pay raise for Dallas County jurors. The pay rate was changed from $6.00 per day to $40.00 for each day after the first day. The pay is still only $6.00 for the first day of jury service.

I thought this increase would allow more blue-collar workers to serve on juries, since they would now be receiving more money for the hours they missed from work. That should help personal injury plaintiffs, because the lower income plaintiffs would be able to have a jury of their peers rather than a jury of insurance agents, bankers, corporate managers, and retired executives.

Unfortunately, according to a story in the Dallas Morning News, that is not happening. Here are excerpts from the story:

More than three-quarters of the people called for jury duty in Dallas County didn't show up this year, despite threats from judges and recent changes that include a raise and more accurate mailing addresses.

A year ago, the Texas Legislature raised pay for jurors from $6 a day to $40 for the second day of service and every day thereafter.

But the increase has had little effect on how many people show up for jury duty. In fiscal 2006, only 23 percent of those summoned appeared, up from 19.5 percent in 2005.

The increased turnout this year is more likely a result of better addresses, said Dallas County jury coordinator Lori Ann Bodino. Twenty-three percent of jury summonses went undelivered last year, down from 26 percent the year before.

But those trying to boost turnout say many people who skip jury duty are hourly workers who can't afford to take a day off, arrange child care and pay for transportation or parking downtown.

That causes racial minorities and low-income people to be underrepresented, they say. Hispanics make up 26 percent of the county's adult population but only 11 percent of those who show up for felony juries, according to a 2005 Dallas Morning News analysis.

The Legislature increased jury pay to ease the financial hardship. But 95 percent of potential jurors who show up for duty serve one day, for which they still receive only $6. Dallas Area Rapid Transit offers free buses and trains. But parking is $3, and lunch isn't free.

While several judges vowed in 2005 to send Dallas County sheriff's deputies to pick up jury duty scofflaws, the Sheriff's Department said there hasn't been a crackdown.

Criminal court Judge John Creuzot said budgets don't allow for massive enforcement. "Can't do it if you ain't got the money," he said.

The H-1B visa will allow persons to begin working in the United States on October 1, 2007. Immigration Services will begin accepting H-1B visa petitions on April 1, 2007. In anticipation of this event, foreign nationals who are in the United States, or who are wanting to work in the U.S., should begin planning now in order to make sure their visa petition is filed on time.

The H-1B visa is often used as the "next step" after one graduates from a university after completion of an F-1 program. H-1B holders are allowed to remain in the United States for a total of six years. The H-1B visa is reserved for those who will work in a “speciality” occupation. This means that a company requires the services of a professional who holds at least a bachelor’s degree or its equivalent. Generally, most H-1B applicants are doctors, engineers, professors, accountants, lawyers, physical therapists, and computer professionals.

If you plan to work in the U.S. on a temporary basis it is important that you and your employer begin the visa petition process as soon as possible. Every year, Congress makes 65,000 H-1B visas available. Last year, Immigration Services announced that May 26, 2006, was the last day that visa petitions would be accepted. Those who did not file before this date would not be able to begin working on an H-1B visa.

Because of the complex issues involved with an H-1B visa, it is not recommended that a foreign national or a sponsoring employer prepare and submit an H-1B petition on their own. Improperly preparing a H-1B petition can result in a foreign national losing their immigration status and becoming removable from the U.S. It may also result in an employer hiring a worker who doesn't have work authorization and thus subjecting itself to possible fines and penalties.

At the law firm of Kraft & Associates, we will work to make sure that your petition is filed correctly and in advance of the cap being reached. Please contact us if you have questions about H-1B visas, and we will give you a free phone consultation.

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Raise In Juror Pay Not Paying Off

Filing H-1B Visa Petitions in 2007