NEWS ITEM ONE:NOTICE TO EMPLOYERS—USCIS Continues to Accept FY 2012 H-1B Petitions
NEWS ITEM TWO:USCIS Publishes Final I-9 Rule
NEWS ITEM THREE:Obama's Speech on Immigration From El Paso, Texas
COMMENTARY
1.NEWS ITEM ONE:NOTICE TO EMPLOYERS—USCIS Continues to Accept FY 2012 H-1B Petitions
As of May 13, 2011, USCIS had receipted 11,200 petitions towards the H-1B Regular Cap and 7,900 petitions towards the H-1B Master’s Exemption.
The H-1B nonimmigrant visa category allows U.S. employers to temporarily employ foreign workers in specialty occupations.Unless determined to be exempt, H-1B petitions are subject to either the 65,000 annual cap or the 20,000 annual cap exemption.By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master's degrees or higher are exempt from this cap.
2.NEWS ITEM TWO:USCIS Publishes Final I-9 Rule
On April 15, 2011, U.S. Citizenship and Immigration Services (USCIS) published a final rule entitled “Documents Acceptable for Employment Eligibility Verification.”
Immigration and Customs Enforcement (ICE) has definitely increased its I-9 audit efforts in recent times.The rule is an important reminder of an employer's worksite compliance responsibilities.Office or Human Resources Managers can find the list of acceptable documents on the last page of the form.
3.NEWS ITEM THREE:Obama's Speech on Immigration From El Paso, Texas
You can click here for the full text of the speech:
The buzz words Obama has used in all of his recent clippings on immigration is that we need ‘to fix or reform our broken immigration system. ‘But, has anything really happened on this front?Unfortunately, we have not had very much news.Comprehensive immigration did not pass, and does not look like it will happen either.The Dream Act did not pass, either attached to or as a stand-alone bill.Well, what has the Administration done to fix our broken system?I can only highlight a couple of minor items recently.Here they are:
1.U.S. Secretary of State Hillary Rodham Clinton announces that Iranian students and exchange visitors are now eligible for two-year, multiple entry visas.
2.ICE announces expanded list of science, technology, engineering, and math degree programs qualifies eligible graduates to extend their post-graduate training
NEWS ITEM ONE:NOTICE TO EMPLOYERS—USCIS Continues to Accept FY 2012 H-1B Petitions
NEWS ITEM TWO:Pushing Obama to keep promises
NEWS ITEM THREE:Immigration Clock Runs Down on Republicans
COMMENTARY
1.NEWS ITEM ONE:NOTICE TO EMPLOYERS—USCIS Continues to Accept FY 2012 H-1B Petitions
As of April 15, 2011, USCIS had receipted 7,100 petitions towards the H-1B Regular Cap and 5,100 petitions towards the H-1B Master’s Exemption.
The H-1B nonimmigrant visa category allows U.S. employers to temporarily employ foreign workers in specialty occupations.Unless determined to be exempt, H-1B petitions are subject to either the 65,000 annual cap or the 20,000 annual cap exemption.By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master's degrees or higher are exempt from this cap.
2.NEWS ITEM TWO:Pushing Obama to keep promises
Reflecting growing liberal frustration with President Barack Obama's lack of progress on immigration reform, U.S. Rep. Luis Gutierrez, D-Ill. is barnstorming through the Bay Area this week to demand the administration slow down its record-high number of deportations.“He's our champion," said U.S. Rep. Luis Gutierrez, D-Ill., who lands in the Bay Area on Tuesday. "He's the one we want to support. But there's a community of people he made a promise and commitment to, and we want him to keep it."Obama continues to get high popularity ratings from Latinos and most immigrant groups, but Gutierrez is among a growing chorus of immigrant advocates who have expressed waning enthusiasm as the president launches his re-election campaign.http://www.mercurynews.com/bay-area-news/ci_17916025?nclick_check=1
President Obama, who has repeatedly referred to the immigration system as ‘broken’ was visiting California last week.While here, he made quite a few promising statements about immigration.Here are just a few of the headlines from his recent statements:
1.Obama wants immigration reform a fact before presidency ends
Rep. Gutierrez is correct in his goal of maintaining pressure on President Obama.Does Mr. Obama really want change, or are his recent pro-reform statements merely campaign rhetoric?Despite the President’s statements, immigration has clearly been a low priority for this administration.The economy, the war on terror, health care, and reforming the financial industry have clearly been more important.How committed is President Obama to immigration reform?His statements are encouraging, but, to date, his actions have been lacking
3.NEWS ITEM THREE:Immigration Clock Runs Down on Republicans
The clock is ticking down to Drop-Dead Tuesday, and a much-debated immigration bill still isn't on the agenda at the Senate Budget Committee.If Senate Bill 2040 doesn't clear the panel by the end of business Tuesday, the measure is all but eliminated from consideration this session. Conservatives say the political repercussions could blow back on Senate President Mike Haridopolos' campaign for U.S. Senate.The demise of SB 2040 would leave House Bill 7089 as the only remaining hope for immigration reform.
Enforcement of Immigration Laws: Prohibits state or political subdivisions from limiting or restricting enforcement of federal immigration laws; provides that state or its political subdivisions may not be prohibited from maintaining or exchanging information regarding immigration status; authorizes law enforcement officer to determine immigration status; requires implementation consistent with federal law; prohibits using race, color, or national origin in enforcement; requires every employer to use federal E-Verify system; prohibits knowingly employing unauthorized alien; authorizes complaints to licensing agency that employer has employed unauthorized alien; provides for enforcement & penalties; provides that certain employers are not liable for hiring, refusing to hire, or terminating employee under certain conditions; prohibits public employers from contracting for services with contractors not using E-Verify system; provides additional instance for warrantless arrests; provides additional criteria for consideration when determining whether to release defendant on bail or other conditions; provides for enhanced maximum criminal penalties when offense committed by unlawfully present alien; provides findings of public necessity.
If Republicans want to court the Latino vote, they will have to do much better than HB 7089.This is a tougher measure and is focused exclusively on enforcement.That will simply not go well with Latino voters.The Republicans seem to have the ability to make immigration reform a reality at this point.To get voters on their side, they will have to offer something on the benefits side.It will be interesting to see what happens with the issue of immigration reform.
NEWS ITEM ONE:NOTICE TO EMPLOYERS—April 1, 2011 is the first date to apply for FY 2012 H-1B Visas
NEWS ITEM TWO:USCIS Publishes Proposed Rule on H-1B Electronic Registration
NEWS ITEM THREE:Barack Obama still hopeful on immigration
COMMENTARY
1.NEWS ITEM ONE:NOTICE TO EMPLOYERS—April 1, 2011 is the first date to apply for FY 2011 H-1B Visas
The H-1B nonimmigrant visa category allows U.S. employers to temporarily employ foreign workers in specialty occupations.Unless determined to be exempt, H-1B petitions are subject to either the 65,000 annual cap or the 20,000 annual cap exemption.By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master's degrees or higher are exempt from this cap.
2.NEWS ITEM TWO:USCIS Publishes Proposed Rule on H-1B Electronic Registration
The Federal Register: March 3, 2011 (Volume 76, Number 42) has announced a proposed rule.Under the proposed rule, employers seeking to petition for H-1B workers subject to the statutory cap would register electronically with USCIS. Before the petition filing period begins, USCIS would select the number of registrations predicted to exhaust all available visas. Employers would then file petitions only for the selected registrations.
Two Week Filing Window
The proposal, often referred to as an “H-1B pre-registration lottery,” would require employers to register online during a filing window of at least two weeks. The registration would begin no later than March of every year. Petitioners would submit identifying information about the petitioner and beneficiary through the USCIS Web site.
Multiple Applications Not Allowed
Employers would file a separate registration for each requested beneficiary and each beneficiary would need to be named. If USCIS received more than one application from an employer for a beneficiary, only the first would be registered and the others would be rejected. USCIS would, however, accept more than one registration for a foreign national if sponsored by different employers.
Winners and Losers
Employers would receive electronic notification of registration. USCIS may also create a waiting list of some or all of those not selected. Ultimately, employers should be notified about all applications--whether registered, waitlisted, or not selected.Employers would be required to submit their cap petitions within a specific time frame after registration. The proposed rule suggests 60 days, but the actual time period will be specified in the final version of the rule.
We will see how many of the proposed changes survive through the comment period.
3.NEWS ITEM THREE:Barack Obama still hopeful on immigration
President Barack Obama on Monday told an audience of predominantly Latinos that he’s hopeful an immigration overhaul bill will be able to pass Congress soon, even though he was unable to shepherd legislation for the DREAM Act to his desk before the first half of his first term, when Democrats controlled both houses.
That is an interesting statement.The DREAM Act was considered a bit of a ‘crown jewel’ of immigration reform.If the Democrats cannot pass the DREAM Act with control over both houses how can we hope for an immigration overhaul?We will see what efforts the Administration makes in the near future.
NEWS ITEM ONE:NOTICE TO EMPLOYERS—April 1, 2011 is the first date to apply for FY 2012 H-1B Visas
NEWS ITEM TWO:USCIS Announces Proposed H-1B Electronic Registration System to Reduce Costs for U.S. Businesses
NEWS ITEM THREE:America's visa restrictions lead to reverse brain drain
COMMENTARY
1.NEWS ITEM ONE:NOTICE TO EMPLOYERS—April 1, 2011 is the first date to apply for FY 2011 H-1B Visas
2.NEWS ITEM TWO:USCIS Announces Proposed H-1B Electronic Registration System to Reduce Costs for U.S. Businesses
The Federal Register: March 3, 2011 (Volume 76, Number 42) has announced a proposed rule.Under the proposed rule, employers seeking to petition for H-1B workers subject to the statutory cap would register electronically with USCIS. Before the petition filing period begins, USCIS would select the number of registrations predicted to exhaust all available visas. Employers would then file petitions only for the selected registrations. The registration system would save employers the effort and expense of filing H-1B petitions, as well as Labor Condition Applications, for workers who would be unable to obtain visas under the statutory cap.
USCIS Director Alejandro Mayorkas announced the opening of a 60-day comment period that will allow businesses and the general public to provide input on the proposed system in order to ensure it best meets the needs of employers that rely on H-1B visas to bring in foreign workers for specialty occupations.
“The proposed rule would create a more efficient and cost-effective process for businesses interested in bringing workers in specialty occupations to the United States,” he said. “Improving the H-1B petition process is part of USCIS’s ongoing efforts to leverage new ideas and innovation to streamline our operations and enhance customer service.”
We will see how many of the proposed changes survive through the comment period.To me, this seems like another road block put up by the administration against H-1B visa holders.See News Item 3.
3.NEWS ITEM THREE:America's visa restrictions lead to reverse brain drain
Tom Brokaw submitted an excellent article on this topic March 3 on NBC.For the full report, please access:
The creator of SnapDeal is an Indian entrepreneur.SnapDeal has created 300 jobs in India — and counting.The founder of this company is Kunar Bahl.“I put my chips in the American basket and said let me try my hand here,” said Bahl, who earned an engineering degree from the University of Pennsylvania and a business degree from its Wharton School.But Bahl's visa ran out, and he took his skills back to India.
Why are we losing individuals such as Mr. Bahl?He could have created those jobs in the United States.But, the H-1B is a a strange visa.The visa has a bizarre cap system—65,000 total visas with and an advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher.
Why do we have this H-1B cap system?If the economy is shrinking we do not need a visa cap.Companies are shrinking not hiring, rendering the visa cap irrelevant.If the economy is booming, the H-1B visa cap system is actually hurting the economy in aggregate.If the economy is growing why would we turn away skilled professionals such as Mr. Bahl?Such an individual, if allowed to stay, would have created job opportunities domestically.This would have allowed the continued growth of the domestic economy.Instead, the H-1B cap system is creating reverse brain drain, as documented in Mr. Brokaw’s NBC article.
Congress should do away with the H-1B cap system.If Congress insists on keeping the cap, perhaps it should consider a dynamic cap number, rather than a static one.What I mean by a dynamic limit is that if the economy grows by a particular amount, Congress should raise the 65,000 amount based on that growth figure. We will see what, if anything, Congress decides to do.
NEWS ITEM ONE:NOTICE TO EMPLOYERS-- USCIS Reaches FY 2011 H-1B Cap
NEWS ITEM TWO:IN IMMIGRATION REFORM, ARGUING AGAINST WORKPLACE RAIDS
NEWS ITEM THREE:NEW POTENTIAL IMMIGRATION BILL
COMMENTARY
1.NEWS ITEM ONE:NOTICE TO EMPLOYERS
USCIS as of January 27, 2011 announced that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011. USCIS has notified the public that Jan. 26, 2011, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011.
**Employers should note that the first date to file an FY 2012 petition would be April 1, 2011.An employee granted an H-1B visa for FY 2012 can begin working under his or her H-1B visa for the employer on October 1, 2011.Please contact this office for any information on FY 2012 filings.
2.NEWS ITEM TWO:IN IMMIGRATION REFORM, ARGUING AGAINST WORKPLACE RAIDS
As Los Angeles Times staff writer Brian Bennett reported, the Obama administration has quadrupled the number of employer audits and fined businesses $6.9 million in fiscal 2010, compared with $675,000 in 2008. Deportations are also up, from 369,221 in 2008 to 392,862 in fiscal 2010. More than 195,000 criminals were deported in 2010, a 70% increase over 2008. These numbers suggest that the administration is not under-enforcing immigration laws, as Republicans claim, but has set reasonable priorities and is pursuing them.
Some congressional Republicans would like to resume workplace raids as way to find, detain and deport illegal immigrants.I believe that the Obama Administration will continue to go after the employer rather than the illegal employee in the months to come.Workplace raids are costly and have very debatable results.Resuming these raids could also alienate Obama’s support in the Hispanic community.Increasing the number of employer audits, however, is more cost effective.The Administration can reach many more businesses through these audits.
Employers may wish to take notice of this trend.If you have not developed a proper worksite enforcement and corporate compliance program, you should consider contacting an immigration attorney.Given the increases in DHS worksite enforcement efforts, employers should seriously assess their I-9 records and corporate compliance policies.
3.NEWS ITEM THREE:NEW POTENTIAL IMMIGRATION BILL
The purpose of this bill, introduced January 5, 2011, would be to amend the Immigration and Nationality Act to eliminate the diversity immigrant program and to re-allocate those visas to certain employment-based immigrants who obtain an advanced degree in the United States.
It is an interesting proposal.Intending Chinese and Indian immigrants with advanced degrees would certainly benefit from this bill.However, the purpose of the diversity immigrant program is to encourage diversity.Without this program, many people from the far-corners of the world would have no chance to live in the United States.
NEWS ITEM ONE:NOTICE TO EMPLOYERS-- USCIS Continues to Accept FY 2011 H-1B Petitions.
NEWS ITEM TWO:DREAM ACT UPDATE
NEWS ITEM THREE:E-VERIFY NEWSLETTER LAUNCHES
COMMENTARY
1.NEWS ITEM ONE:NOTICE TO EMPLOYERS
USCIS Continues to Accept FY 2011 H-1B Petitions.As of December 17, 2010, approximately 53,900 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 19,700 H-1B petitions for aliens with advanced U.S. degrees.
H-1B petitions are generally (exceptions apply to institutions of higher education or nonprofit organizations) subject to the 65,000 H-1B numerical limitation (the “cap”). Some petitions are exempt from the cap under the advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher.Please note that up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements.
2.NEWS ITEM TWO:DREAM ACT UPDATE
After failing to win comprehensive immigration reform during a period when Democrats controlled both the White House and Congress, immigration proponents had been hoping to snag an 11th-hour consolation prize: the DREAM Act.
Proponents had not pushed for separate consideration of the DREAM Act in recent years because they feared they would lose their most compelling and attractive argument for comprehensive immigration reform, which would benefit the rest of the estimated 11 million people who are in the country illegally and who are likely to be viewed less sympathetically.
‘President Barack Obama thought the DREAM Act would be the “easy” part of his comprehensive immigration reform package because it dealt with students and soldiers, whom some find it difficult to dislike without first meeting them.Obama even bargained for Republican votes by sweetening the deal: He got tough on deportations, raising them to a record 390,000 per year, to show that he was no immigration patsy’
The DREAM Act was defeated in the Senate on December 18, 2010.To me, any form of immigration reform in the near future looks highly doubtful.The Democrats are no longer in the majority.President Obama has had ongoing problems with the War on Terror, the economy, Healthcare Reform, etc…I see immigration reform as a topic commanding low priority for our Senators, Representatives, and the White House right now.
3.NEWS ITEM THREE:E-VERIFY NEWSLETTER LAUNCHES
E-Verify is an Internet-based system run by the Department of Homeland Security that allows businesses to determine the eligibility of their employees to work in the United States.
USCIS has released the first issue of “E-Verify Connection,” an e-newsletter that brings updates and information regarding E-Verify.You can access the newsletter at the following link:
NEWS ITEM ONE:NOTICE TO EMPLOYERS-- USCIS Continues to Accept FY 2011 H-1B Petitions.
NEWS ITEM TWO:DREAM ACT UPDATE
COMMENTARY
1.NEWS ITEM ONE:NOTICE TO EMPLOYERS
USCIS Continues to Accept FY 2011 H-1B Petitions.As of November 19, 2010, approximately 48,977 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 17,836 H-1B petitions for aliens with advanced degrees.
H-1B petitions are generally (exceptions apply to institutions of higher education or nonprofit organizations) subject to the 65,000 H-1B numerical limitation (the “cap”). Some petitions are exempt from the cap under the advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher.Please note that up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements.
2.NEWS ITEM TWO:DREAM ACT UPDATE
After failing to win comprehensive immigration reform during a period when Democrats controlled both the White House and Congress, immigration proponents are now hoping to use the lame-duck session to snag an 11th-hour consolation prize: the DREAM Act.
The president met Tuesday with congressional Hispanic leaders, who said afterward that Obama had pledged to lobby Democratic lawmakers who are wavering and Republicans who have supported the legislation in the past.
"Passage of the DREAM Act is achievable right now," Rep. Luis Gutierrez, D-Ill., said after the White House meeting. "It is the only piece of immigration reform legislation that can get broad support from Democrats and has attracted significant Republican support in the recent past."
Proponents haven't pushed for separate consideration of the DREAM Act in recent years because they feared they would lose their most compelling and attractive argument for comprehensive immigration reform, which would benefit the rest of the estimated 11 million people who are in the country illegally and who are likely to be viewed less sympathetically. The people the DREAM Act would benefit are seen as the poster boys and girls for reform
I believe that the proponents of the DREAM Act must start pushing for separate consideration of this Act.In my opinion, we will not see comprehensive immigration reform in the near future.The DREAM Act represents one of the few possibilities for change in this political climate.President Obama has labeled the immigration system as ‘broken’.To repair this system, he could or should throw his full weight into supporting the DREAM Act.If you would like more information on how to support this proposed Act, you can go to the following web link:
USCIS Continues to Accept FY 2011 H-1B Petitions.As of October 15, 2010, approximately 42,800 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 15,700 H-1B petitions for aliens with advanced degrees.
H-1B petitions are generally (exceptions apply to institutions of higher education or nonprofit organizations) subject to the 65,000 H-1B numerical limitation (the “cap”). Some petitions are exempt from the cap under the advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher.Please note that up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements.
2.NEWS ITEM TWO:ADJUSTED FEES FOR IMMIGRATION BENEFITS GO INTO EFFECT ON NOVEMBER 23
Please click this link to see the application fees that will increase after November 23, 2010:
Utah Gov. Gary Herbert said Friday he wants to see more than an Arizona-style enforcement-only bill come across his desk. He wants legislation that addresses all facets of state-led immigration reform.“He encourages Rep. [Stephen] Sandstrom and others to move forward to work together,” Herbert spokeswoman Angie Welling said. “What he wants to see is one comprehensive bill or several bills that are complementary and cover all parts of the spectrum. He doesn’t want to see just one enforcement bill.”Sandstrom’s bill is modeled after Arizona’s law, which requires local authorities to enforce federal immigration laws.
To me the message seems clear:many states are frustrated by the federal government’s inability to pass any form of immigration reform.The border-states, in particular, are not getting the resources they need to deal with this issue.States such as Arizona and now apparently Utah want to take the matter into their own hands.Ultimately they will not succeed, as the federal government exclusively regulates immigration.However, the efforts by the various states may stimulate Congress into taking concrete action.
It is interesting to note that even U.S. Citizenship and Immigration Services (“USCIS”) may not believe that Congress will or can accomplish immigration reform.Earlier this summer, someone leaked an internal USCIS memo to Alejandro Majorkas, the Director of USCIS.The subject of the memo is “Administrative Alternatives to Comprehensive Immigration Reform.”Here is a link to that memo:
Increasingly, it looks like Congress will not have the momentum necessary to pass comprehensive immigration reform.If it cannot succeed with this, many hope that USCIS will follow the recommendations of the leaked July 2010 Mayorkas memorandum.
NEWS ITEM ONE:NOTICE TO EMPLOYERS-- USCIS Continues to Accept FY 2011 H-1B Petitions.
NEWS ITEM TWO:AFTER STALLED DEFENSE BILL VOTE, THE DREAM ACT RE-GAINS MOMENTUM
COMMENTARY
1.NEWS ITEM ONE:NOTICE TO EMPLOYERS
USCIS Continues to Accept FY 2011 H-1B Petitions.As of September 17, 2010, approximately 38,300 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 14,000 H-1B petitions for aliens with advanced degrees.
2.NEWS ITEM TWO:AFTER STALLED DEFENSE BILL VOTE, THE DREAM ACT REGAINS MOMENTUM
On Wednesday, the day after the defense authorization bill failed to clear a motion for cloture in the U.S. Senate and stalled efforts to attach the immigration bill and “Don’t Ask, Don’t Tell” repeal as amendments, Illinois Sen. Dick Durbin reintroduced the DREAM Act.The move clears the way for the bill, which would offer undocumented youth raised in the U.S. an opportunity to gain citizenship if they commit to two years in the military or college. In order to qualify for the DREAM Act, young people must have been brought to the U.S. before the age of 16, have lived in the country for at least five years, hold a high school diploma and have a clean criminal record.
Durbin’s latest move clears the way for the DREAM Act to be reintroduced as a stand-alone bill, bypassing the judiciary committee.
3. You can also make phone calls to other Senate offices.
Dial: 1-888-254-5087 (if you get a message that the number has been "disconnected", wait a while and it will be back - that has occurred during particularly high call times) and ask for the following people and leave a message with their office asking the Senator to vote YES for the DREAM Act.
Sen. Hatch of Utah
Sen. Bunning of Kentucky
Sen. Bennet of Utah
Sen. Gregg of New Hampshire
Sen. Bailey-Hutchison of Texas
Sen. McCain of Arizona
Sen. Voinovich of Ohio
Sen. Snowe of Maine
Sen. Collins of Maine
Sen. LeMeiux of Florida
Sen. Brownback of Kansas
Sen. Roberts of Kansas
Sen. Hagan of North Carolina
Sen. Pryor of Arkansas
Sen. Landrieu of Louisiana
Sen. Conrad of North Dakota
Sen. Dorgan of North Dakota
Sen. Nelson of Florida
Sen. Baucus of Montana
Sen. Tester of Montana
Sen. Feinstein of California
At this stage of the game, one of the main factors that Senators will consider are the numbers of contacts made in favor and in opposition to the DREAM Act.
4. Last, but not least, please encourage everyone you know to contact Congress and urge support for the DREAM Act.
NEWS ITEM ONE:NOTICE TO EMPLOYERS-- USCIS Continues to Accept FY 2011 H-1B Petitions.
NEWS ITEM TWO:HISPANIC MEDIA TURNING ON OBAMA
COMMENTARY
1.NEWS ITEM ONE:NOTICE TO EMPLOYERS
USCIS Continues to Accept FY 2011 H-1B Petitions.As of August 20, 2010, approximately 33,900 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 12,600 H-1B petitions for aliens with advanced degrees.
2.NEWS ITEM TWO:HISPANIC MEDIA TURNING ON OBAMA
The long time romance between the US Spanish-language media and the Obama administration seems to be over."Latinos overwhelmingly voted for Obama because he promised immigration reform within a year, but now the White House has lost control of the debate", says Univision presenter Jorge Ramos, who is seen by many as the leading voice of a movement within the Spanish-language media that is turning its back on the president.Some observers credit the growing Hispanic media criticism with the recent decline in Mr. Obama's approval ratings among Hispanics.[Source:http://www.bbc.co.uk/news/world-us-canada-11074950]
Commentary:
An immigration overhaul does not appear to be on the horizon right now.The White House and the Democrats simply do not have the momentum to carry this forward.It appears that President Obama is simply overwhelmed by the recession, the war on terrorism, health care reform, financial industry reform, etc…
The White House does have a web site that it devotes to immigration reform progress.Here is the link:
I can spare you some time by not clicking this link.I have monitored this site just about every month.I see a few new blog posts.However, I have not seen any substantive change in months.The “Progress” section has not changed at all.
My prediction is that we will not have any progress on the immigration reform issue for at least the next three months.If the democrats are still in the majority after congressional elections in November, we could see some progress on this issue after the elections.
The Democrats, however, may need to begin the process now, especially if they would like to continue to hold the majority vote in Congress.Latino voters made a difference in yesterday's Arizona and Florida primaries, advocates for comprehensive immigration told reporters today (http://blogs.cqpolitics.com/eyeon2010/2010/08/latinos-groups-push-immigratio.html).Latino voters are flexing their muscles.The message is clear:this important constituency wants progress on immigration reform now, not later.Why not begin now?Many people would like to see immigration reform.
NEWS ITEM ONE:NOTICE TO EMPLOYERS-- USCIS Continues to Accept FY 2011 H-1B Petitions.
NEWS ITEM TWO:USCIS Announces First Ten Areas of Focus for Agency-wide Policy Review Public Survey Informs SelectionQuestions and Answers
COMMENTARY
1.NEWS ITEM ONE:NOTICE TO EMPLOYERS
USCIS Continues to Accept FY 2011 H-1B Petitions.As of July 23, 2010, approximately 26,000 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 11,300 H-1B petitions for aliens with advanced degrees.
2.NEWS ITEM TWO:USCIS Announces First Ten Areas of Focus for Agency-wide Policy Review
Here are some highlights this initiative, with questions and answers released by USCIS, and some of my own comments.
Q: What is the USCIS Policy Review?
A. The USCIS Policy Review is a comprehensive review of policy, guidance, and procedures related to its adjudications and customer service. The Policy Review is divided into four stages: (1) assembling and categorizing existing policy documents; (2) deciding which issue areas to review first, with input from surveys of the workforce and external stakeholders; (3) completing a review of policies in each identified issue area; and (4) consolidating and publishing updated policy documents (as appropriate), once approved
Q:What Are The First 10 Issue Areas Under Review?
USCIS considered quantitative and qualitative feedback from the surveys along with operational and programmatic needs to select the first 10 issue areas for the USCIS Policy Review to examine:
National Customer Service Center
Nonimmigrant H-1B (specialty occupations)
Naturalization and Citizenship
Employment-Based Adjustment of Status
Family-Based Adjustment of Status
Employment-Based Immigrants Preference Categories 1, 2 (priority workers, professionals and holders of advanced degrees) and 3 (skilled workers and professionals)
Refugee and Asylum Adjustment of Status
Form I-601 (Application for Waiver of Ground of Inadmissibility)
General Humanitarian Programs
Employment Authorization and Travel Documents
--Citizenship has had an upgrade in the last few years.The process seems to work fairly well and I am not sure why it needs further examination.However, the H-1B and Employment based categories need serious re-examination.For H-1Bs, I would like to changes to the Cap Number system.With a down economy, it may not be such an important issue, but the story changes when the economy is on the rise.If the economy is booming, why limit the number of skilled workers?The Third Employment based category seems hopelessly backlogged.I hope the re-examination could address the various issues caused by these backlogs.
Q: What prompted the Policy Review?
A. USCIS is committed to ensuring that our policies are consistent and up to date. To that end, the agency has launched the USCIS Policy Review to examine our policies with input from the public it serves and from its workforce.
--That is an entertaining answer.What about complaints by the public?Could that have prompted the Policy Review?
Q. What is the expected length and scope of the Policy Review?
A. The Policy Review is a multi-year effort designed to work thoughtfully through thousands of policy documents, many of which overlap or complement each other, in collaboration with the USCIS workforce and external stakeholders. New policy documents, once drafted, will be submitted through the USCIS clearance process, with many posted on the USCIS website for public comment.
--At least they are having this review.I look forward to seeing some changes.It looks like we will have to wait quite a while to see proposed changes.
NEWS ITEM ONE:NOTICE TO EMPLOYERS-- USCIS Continues to Accept FY 2011 H-1B Petitions.
NEWS ITEM TWO:Homeland Security Secretary Janet Napolitano assures Hispanic political leaders on Thursday that the president remains committed to overhauling the nation's immigration laws.
COMMENTARY
1.NEWS ITEM ONE:NOTICE TO EMPLOYERS
USCIS Continues to Accept FY 2011 H-1B Petitions.As of June 18, 2010, approximately 22,900 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 9,700 H-1B petitions for aliens with advanced degrees.
Napolitano stressed that the administration was committed to tough enforcement on the U.S.-Mexico border while working to formulate a bill."And the word secure really becomes, effectively, 'seal' the border," she said.
Whether it is Napolitano or Obama, we are getting the same speech over and over from Washington.I have 3 main questions here:
1.WHERE ARE THE DETAILS OF THIS IMMIGRATION BILL?
Many people are asking this question.Here is a quote from one of the Hispanic leaders who listened to Napolitano’s speech:Nicolas Dominguez, 54, a trustee at El Paso Community College, said he was satisfied with Napolitano's speech, but added, "I think these speeches need to be followed up by actual actions." He also said he wanted more details about what an immigration bill would look like.
2.WHY DO WE NEED HUGE, COMPREHENSIVE REFORM?
If the Administration is aiming for an amnesty-like program, it should prepare for trench warfare.This will be a healthcare equivalent type fight.Why not concentrate on passing some small reform measures that could have a very positive impact?Why not pass either the Dream Act or the Start Up Visa Act?Both of these potential laws seem popular in Congress.Instead of tying these to some huge, complicated reform package, why not pass them now?
3.BORDER SECURITY AS A PRE-CONDITION
I have had the impression that republicans want border security as a precondition to any immigration reform debate.If the Administration wants a huge immigration reform package, they will have to make this the central feature of such a package.My reply to that is when have our borders ever been completely secure?We have hundreds of miles of desert border with Mexico and even more with Canada that have never been secure.Do we need to fence the entire area off before even beginning a debate on immigration reform?
NOTICE TO EMPLOYERS:USCIS Continues to Accept FY 2011 H-1B Petitions.
NEWS ITEM TWO:
Statement by the Press Secretary dated May 25, 2010, on the President's Meeting with the Senate Republican Conference, which includes remarks on immigration.
COMMENTARY
1.NEWS ITEM ONE:
NOTICE TO EMPLOYERS:USCIS Continues to Accept FY 2011 H-1B Petitions.As of May 21, 2010, approximately 19,600 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 8,200 H-1B petitions for aliens with advanced degrees.
2.NEWS ITEM TWO:Immigration Reform Update
On May 25, 2010, the President made the following comments about immigration at the President's Meeting with the Senate Republican Conference:
On immigration, the President noted that many in the conference have supported efforts before to fix a broken system and impose accountability at our borders, accountability for employers who undercut the law by hiring undocumented workers; and for the workers themselves, who are here illegally and must take responsibility. And he urged them to work with him across party lines to make progress on this issue.
This is the latest immigration reform update.The President has made this same statement many times before.The White House web page on immigration mirrors this statement.I quote:“President Obama believes that our broken immigration system can only be fixed by putting politics aside and offering a complete solution that secures our border, enforces our laws, and reaffirms our heritage as a nation of immigrants.”http://www.whitehouse.gov/issues/immigration/
I would like to see more details on what, where, and when we will have efforts to reform this broken immigration system.To me, it seems that most congressmen are putting this issue off until after elections this November.I also have the impression that republicans want border security as a precondition to any immigration reform debate.My reply to that is when have our borders ever been completely secure?We have hundreds of miles of desert border with Mexico and even more with Canada that have never been secure.Do we need to fence the entire area off before even beginning a debate on immigration reform?
Here is more background on this issue from earlier in the month:
Wednesday, May 5, 2010
Immigration reform legislation in Congress appeared to stall last week when Republican Sen. Lindsey Graham walked away from talks with Democratic leaders. Graham, who was the only Republican in on discussions, said the legislation would have to wait at least two years. He said Americans were more concerned about secure borders than immigration reform.http://www.lasvegassun.com/news/2010/may/05/immigration-reform/
That statement certainly does not appear encouraging.As a matter of fact, I am discouraged by the whole issue.I see the following items as preventing an earnest debate on immigration:
NOTICE TO EMPLOYERS:USCIS Continues to Accept FY 2011 H-1B Petitions
NEWS ITEM TWO:
San Diego-Area Bakery, with Owner and Manager, Indicted on Federal Charges for Hiring Undocumented Workers
COMMENTARY
1.NEWS ITEM ONE:
U.S. Citizenship and Immigration Services (USCIS) as of April 15, 2010 announced it continues to accept H-1B nonimmigrant petitions subject to the Fiscal Year 2011 (FY 2011) cap. USCIS will monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master’s degree or higher educational exemption.USCIS has received approximately 13,600 H-1B petitions counting toward the 65,000 cap. The agency has received approximately 5,800 petitions for individuals with advanced degrees.
2.NEWS ITEM TWO:
ICE announced that a San Diego-area bakery, along with its owner and a manager, have been charged in a 16-count indictment by a federal grand jury, that resulted from an agency investigation into allegations the business knowingly hired undocumented workers.
According to the indictment, the company's managers certified on the firm's Employment Verification Forms (I-9) that the documents they examined appeared to be genuine, and to the best of the their knowledge, the employees listed on the I-9 were eligible to work in the United States.The managers then put the illegal workers on the company's payroll and paid them by paycheck until they received "no match" letters from the Social Security Administration (SSA) advising that the Social Security numbers being used by the employees did not match the names of the rightful owners of those Social Security numbers.After receiving the "no match" letters, The French Gourmet, Inc., then allegedly conspired to pay the undocumented employees in cash until the workers produced a new set of employment documents with different Social Security numbers.For further information, see http://www.ice.gov/pi/nr/1004/100421sandiego.htm.
In 2009, ICE implemented a comprehensive strategy to reduce the demand for illegal employment and protect employment opportunities for the nation's lawful workforce. Under this strategy, ICE is focusing its resources on auditing and investigating employers suspected of knowingly employing illegal workers.
As the story above illustrates, companies can no longer afford to be careless with worksite enforcement issues.ICE will definitely enforce this new policy.As we see, ICE will not hesitate to start arresting people.
The relevant goal states the following:Remove Incentives to Enter Illegally--President Obama will remove incentives to enter the country illegally by preventing employers from hiring undocumented workers and enforcing the law.
In the months to come, we will see fewer of the mass raids from past years, where all the employees at the big processing plants are rounded up and deported.This is a shift from the employee to the employer.The employer will now face scrutiny from the government.
I-9 compliance is the sword that ICE will use to enforce this policy.Companies should consider hiring outside counsel to provide the training necessary to ensure proper I-9 compliance.
NOTICE TO EMPLOYERS:April 1, 2010 IS THE FIRST DATE FOR FILE A NEW H-1B PETITION
NEWS ITEM TWO:
In the event of Immigration Reform, here is my list of quick and effective changes that the President and Congress should consider:
1.End the H-1B Cap
2.Pass the StartUp Visa Act of 2010
3.Pass the DREAM Act
COMMENTARY
1.End the H-1B Cap
The numerical limitation on H-1B petitions for fiscal year 2010 was a maximum of 85,000. 85,000 workers is a very small percentage of our economy.Workers with specialized knowledge in their individual fields make important contributions to the American economy. They earn high wages and spend their income on consumer goods, real estate, etc…If the economy is prospering, why limit their numbers?With a prospering economy, we need specialized workers to drive the engines of industry.
2.Pass The StartUp Visa Act of 2010:
On 2/24/2010, Senators Kerry (D-MA) and Lugar (R-IN) announced the introduction of legislation aimed at driving job creation and increasing America's global competitiveness by helping immigrant entrepreneurs secure visas to the United States.
The bill, titled the StartUp Visa Act of 2010, will allow an immigrant entrepreneur to receive a two year visa if they can show that a qualified U.S. investor is willing to dedicate a significant sum - a minimum of $250,000 - to the immigrant's startup venture.
The StartUp Visa Act of 2010 would also amend immigration law to create a new EB-6 category for immigrant entrepreneurs, drawing from existing visas under the EB-5 category, which permits foreign nationals who invest at least $1 million into the U.S., and thereby create ten jobs, to obtain a green card. After proving that he or she has secured initial investment capital and if, after two years, the immigrant entrepreneur can show that he or she has generated at least five full-time jobs in the United States, attracted $1 million in additional investment capital or achieved $1 million in revenue, then he or she would receive permanent legal resident status.
Do we not want foreign entrepreneurs?With a struggling economy, I would imagine that such a class of people would prove very valuable.If investors have already committed to funding these entrepreneurs, the government should make every effort to accommodate them.These companies will then hire U.S. citizens and spend money here in the United States.Here is a link to an article on the StartUp Visa Act:
The author describes a situation where two Slovenians had started a company in Slovenia, and secured seed funding to expand their business.They were apparently only qualified for a business tourist visa.They had to ultimately wait outside the country while they secured a more permanent visa.But, if this visa had been available at that time, they could have applied for it.Instead, they had to wait outside the country and, at that time, their presence in the U.S. was critical for their company.
3.Pass the DREAM Act
According to Senator Richard Durbin of Illinois and Rep. Howard Berman of California, about 65,000 high school graduates in the United States every year face limited prospects due to their undocumented status.Most have been in their country for years due to decisions made by their parents when they were children.
Under the rigorous provisions of the DREAM Act, undocumented young people could be eligible for a conditional path to citizenship in exchange for completion of a college degree or two years of military service.Undocumented young people must also demonstrate good moral character to be eligible for and stay in conditional residency. At the end of the process, the young person can finally become an American citizen.
The senators proposed this legislation on March 26, 2009.Why not create hope for young people?This would seem like a great way to accomplish that.
I am not convinced that President Obama has the momentum for comprehensive immigration reform.Health Care Reform will continue to be a contentious issue for him.He should choose instead to support small bits of immigration reform.The StartUp Visa Act and the DREAM Act can create value in our economy.
1.Senators Kerry and Lugar Introduce the StartUp Visa Act of 2010:
On 2/24/2010, Senators Kerry (D-MA) and Lugar (R-IN) announced the introduction of legislation aimed at driving job creation and increasing America's global competitiveness by helping immigrant entrepreneurs secure visas to the United States.
The bill, titled the StartUp Visa Act of 2010, will allow an immigrant entrepreneur to receive a two year visa if they can show that a qualified U.S. investor is willing to dedicate a significant sum - a minimum of $250,000 - to the immigrant's startup venture.
In general, StartUp visas shall be made available, to qualified immigrant entrepreneurs—
(i) who have proven that a qualified venture capitalist or a qualified superangel investor has invested not less than $100,000 on behalf of each such entrepreneur in an equity financing of not less than $250,000;
and (ii) whose commercial activities will, during the 2-year period beginning on the date on which the visa is issued (I) create not fewer than 5 new full-time jobs in the United States employing people other than the immigrant’s spouse, sons, or daughters; (II) raise not less than $1,000,000 in capital investment in furtherance of a commercial entity based in the United States; or (III) generate not less than $1,000,000 in revenue.
The StartUp Visa Act of 2010 would amend immigration law to create a new EB-6 category for immigrant entrepreneurs, drawing from existing visas under the EB-5 category, which permits foreign nationals who invest at least $1 million into the U.S., and thereby create ten jobs, to obtain a green card. After proving that he or she has secured initial investment capital and if, after two years, the immigrant entrepreneur can show that he or she has generated at least five full-time jobs in the United States, attracted $1 million in additional investment capital or achieved $1 million in revenue, then he or she would receive permanent legal resident status.
This should create some very interesting opportunities for foreign entrepreneurs.It will also create jobs for U.S. citizens.I will post further information on this effort when I receive it.
2.Employ American Workers Act (EAWA):
The EAWA was enacted to ensure that companies that receive funding under the Troubled Asset Relief Program (TARP) or section 13 of the Federal Reserve Act do not displace U.S. workers. Under this legislation, any company that has received covered funding and seeks to hire new H-1B workers is considered an “H-1B dependent employer.” An H-1B dependent employer must make additional statements to the U.S. Department of Labor (DOL) regarding the recruitment and non-displacement of U.S. workers when filing a Labor Condition Application (LCA).
Before an H-1B application can be submitted, an employer must obtain certification of a labor condition application.Special attestation requirements include a statement on the LCA by the employer that they have made good faith efforts to recruit U.S. workers.The attestation must contain the number of workers sought, the occupational classification for each, the prevailing wage and method for determining it, and the wage rate and working conditions. The employer must make this attestation available for public inspection within one day of filing with DOL.
For any employer deemed “H-1B dependent”, the cost of filing an H-1B petition will likely increase.To establish this good faith effort, the employer will have to prove that they have made an effort to recruit for this position.If the employer recruited and only found the foreign national they wanted to hire, the answer is simple:employers would put in copies of ads, efforts to recruit at job fairs, on campus recruiting, etc…
However, what if H-1B dependent employer receives an unsolicited resume from a well qualified applicant and wants to sponsor the applicant for an H-1B?The employer will have to demonstrate that good faith effort, and that would involve expenditure.
President Obama’s latest statement on immigration at his State of the Union address on January 27, 2010
NEWS ITEM TWO:
Congressman J. Gresham Barrett proposes the Stop Terrorist Entry Program Act of 2010
COMMENTARY
1.President Obama’s Latest Statement on Immigration:
President Obama said the following on January 27, 2010:“And we should continue the work of fixing our broken immigration system – to secure our borders, enforce our laws, and ensure that everyone who plays by the rules can contribute to our economy and enrich our nations. In the end, it is our ideals, our values that built America – values that allowed us to forge a nation made up of immigrants from every corner of the globe; values that drive our citizens still.”
I find it interesting that the initial mandate is to “secure our borders.”U.S. Customs and Border Patrol has always received the lion share of any money allocated to immigration.This statement, therefore, is in line with policies followed by previous administrations.
President Obama has acknowledged the flaws by calling this a “broken immigration system.”But, when will we witness congressional debates on this issue?Senator Chuck Schumer (D-N.Y.) was rumored to introduce and hold hearings on a major immigration bill in the fall of 2009.What happened?I can think of several big ticket items that have derailed immigration reform:the economy, wars in Iraq/Afghanistan, and a lively debate over health care reform.Congressional elections will also take place on November 2, 2010.These elections will also play a big role in the timing and strategy involved in any debates over proposed immigration reform.
2.Stop Terrorist Entry Program (STEP) Act:
Here is the main portion of the law that could affect a national or even a resident of a country determined to be a state sponsor of terrorism:
‘‘SEC. 295. (a) IN GENERAL.—No nonimmigrant or immigrant visa may be issued, or nonimmigrant or immigrant status otherwise provided, other than a visa or status described in section 101(a)(15)(A) or 201(b)(2)(A)(i), to any alien who is a national of, or residing in, a country that is determined to be a state sponsor of terrorism, except the Secretary of Homeland Security (or the consular officer, in the case of an application for a visa) may, on a case-by-case basis, waive the application of this subsection in the case of an alien who—
(1) requires examination or treatment for an emergency medical condition (as defined in section 562(d) of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (8 U.S.C. 1396(d))); or
(2) is eligible for admission as a refugee under section 207 or for asylum under section 208.
The proposal has plenty of opposition, and for good reason.The measure seems draconian.If you are a national or even a resident of a country determined to be a state sponsor of terrorism you cannot get a temporary nonimmigrant visa.That would typically mean no visitor, student or professional visas granted to anyone caught in such a net.That would also cover immigrant visas for the same foreigners as well.
The countries affected by this proposal include Cuba, Iran, Sudan and Syria.Given recent reports of increased levels of terrorist activities in Yemen, Congressman Barrett has requested that its citizens not be allowed to enter the United States. http://www.barrett.house.gov/index.cfm?sectionid=9§iontree=3,9&itemid=1254
The proposed law has the following exceptions:
1.Immediate relatives.--For purposes of this subsection, the term "immediate relatives" means the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age.
2.An ambassador, public minister, or career diplomatic or consular officer who has been accredited by a foreign government recognized de jure by the United States and who is accepted by the President or by the Secretary of State, and the members of the alien's immediate family;
3.Upon a basis of reciprocity, other officials and employees who have been accredited by a foreign government recognized de jure by the United States, who are accepted by the Secretary of State, and the members of their immediate families; and
4.Upon a basis of reciprocity, attendants, servants, personal employees, and members of their immediate families, of the officials and employees who have a nonimmigrant status under exceptions 2 and 3 above
Here are some opposition views:
1.Here is a story of an Iranian student who acted heroically at the World Trade Center on September 11, 2001:
I do not see President Obama supporting this bill.President Obama has made numerous gestures towards both the Arab and Iranian communities.Even at his State of the Union Speech, President Obama made the following statement:“We support the human rights of the women marching through the streets of Iran.”Given the previous overtures, it would be hard to imagine the President supporting this bill.
NOTICE TO EMPLOYERS:USCIS Reaches FY 2010 H-1B Cap
As of December 21, 2009, USCIS has received sufficient petitions to reach the statutory cap for FY2010. USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2010 that are received after December 21, 2009 USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on December 21, 2009.
NEWS ITEM TWO:
IMMIGRATION UPDATE
House of Representatives Democrats, led by Representative Gutierrez (D-Ill.) introduced the Comprehensive Immigration Reform ASAP Act of 2009 (H.R. 4321) in the House of Representatives on December 15, 2009.
COMMENTARY
Here is a summary of what I see as the main highlights of this bill:
Reduction of existing backlogs: Permits the “recapture” of unused employment-based visas and family-sponsored visas from fiscal years 1992-2008 and allows future unused visa numbers to roll over to next fiscal year. Immediate relatives are exempted from the annual cap on the number of immigrant visas. This section increases the percentage limit of visas which may be issued yearly to a single country.
Promotion of Family Unity: To recognize family unity principles and facilitate backlog reduction, reclassifies spouses and children of lawful permanent residents as immediate relatives.The government is given greater discretionary authority to waive unlawful presence bars to reunite families upon a demonstration of hardship for applicant’s U.S. citizen or lawful permanent resident family members.
Immigrants with Advanced Skills Exempt from Visa Cap: Exempts several categories of highly skilled workers from the employment-based immigrant visa cap.
Visa Program for Qualified Undocumented Workers: Creates a program providing conditional nonimmigrant status for undocumented immigrants (and their spouses and children) in the U.S., which is valid for six years.
Early criticism seems to be that the bill is too generous to immigrants.Changing the preference system for spouses and children of permanent residents to classify them as immediate relatives (who always have a visa number available) is certainly a generous benefit.
The bill does not appear to have enough stringent enforcement measures to win support in the Senate.Rep. Lamar Smith (Texas), the top Republican on the House Judiciary Committee, stated “The bill won't pass because the American people oppose rewarding lawbreakers, which then encourages even more illegal immigration."http://voices.washingtonpost.com/capitol-briefing/2009/12/democrats_push_new_immigration.html
We also need to keep the following in mind:IMMIGRATION IS LOW ON THE ADMINISTRATION’S LIST OF PRIORITIES.Here is what I interpret as the list of the administration’s top priorities for 2010:
The Economy
Afghanistan/Iraq/The War on Terror
Health Care Reform
Financial Regulatory Reform
Clean Energy Legislation
Immigration
Congressional elections will also take place in 2010.That may influence the timing of when the Senate begins detailed debates on this issue.I also find it very unlikely that the Administration would have the broad measure of support to tackle immigration, especially after confronting the other major issues on its agenda.I will end this article with a quote that demonstrates the priority assigned to immigration:
Democratic leaders expect immigration reform to be on the agenda, but it's not first in line."The administration has laid out several priorities including financial regulatory reform and clean energy legislation," said Jim Manley, spokesman for Senate Majority Leader Harry Reid (D-Nev.). "We hope to consider comprehensive immigration reform in addition to these issues in the first half of next year."http://voices.washingtonpost.com/capitol-briefing/2009/12/democrats_push_new_immigration.html
NOTICE TO EMPLOYERS:H-1B VISAS ARE STILL AVAILABLE
As of November 20, 2009, approximately 56,900 H-1B cap-subject petitions had been filed.USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000.
Applicants have filled the advanced degree track.Please note that People from Chile and Singapore will account for 6,800 of the 65,000 cap.THAT LEAVES ABOUT 1300 NUMBERS AVAILABLE BEFORE WE REACH THE CAP.
NEWS ITEM TWO:
IMMIGRATION UPDATE
WASHINGTON-U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton today announced on November 19, 2009 the issuance of Notices of Inspection (NOIs) to 1,000 employers across the country associated with critical infrastructure-alerting business owners that ICE will audit their hiring records to determine compliance with employment eligibility verification laws.
COMMENTARY
If you are an employer, you may wonder how seriously you should take this news.My response is that you should take it very seriously.The current administration is shifting the focus away from the employee and towards the employer.My prediction is that we will see many more NOIs in the future.The White House has stated this emphasis as a main goal for immigration reform in the future.This is from the Administration’s web site:
Remove Incentives to Enter Illegally:President Obama will remove incentives to enter the country illegally by preventing employers from hiring undocumented workers and enforcing the law.http://www.whitehouse.gov/issues/immigration/
Once a business receives a NOI, ICE will allow 3 business days to present the Employment Verification Form I-9.After reviewing the I-9s, ICE will give the employer 10 business days to make corrections.ICE, Under the Immigration and Nationality Act, will require employers who have knowingly hired or continued to employ unauthorized workers to do the following:cease the unlawful activity, pay a fine, or, face criminal prosecution.
ICE is aiming these audits at the following businesses:The 1,000 businesses served with audit notices this week were selected for inspection as a result of investigative leads and intelligence and because of the business' connection to public safety and national security-for example, privately owned critical infrastructure and key resources.
As I have previously discussed, ICE will issue many more NOIs.The current 1000 issued NOIs may have such a connection to public safety and national security, but the focus of the next series of I-9s could be much broader.ICE I-9 enforcement could represent a significant obstacle for employers in the coming months.
NOTICE TO EMPLOYERS:H-1B VISAS ARE STILL AVAILABLE
As of September 25, 2009, approximately 46,700 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
NEWS ITEM TWO:
IMMIGRATION UPDATE
The U.S. Department of Homeland Security is currently attempting to convince Congress to make E-Verify, the voluntary Internet-based employment verification system, mandatory for all employers in the United States.
COMMENTARY
E-VERIFY:
What is E-Verify?E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, to determine the eligibility of that employee to work in the United States. For most employers, the use of E-Verify is voluntary and limited to determining the employment eligibility of new hires only.There is no charge to employers to use E-Verify.The E-Verify system is operated by the U.S. Department of Homeland Security in partnership with the Social Security Administration.
Agencies across the federal government as of September 8, 2009, started ordering all federal contractors to use E-Verify to verify whether their employees are eligible to work in the U.S.[Source:http://online.wsj.com/article/SB125236773673291025.html]
E-Verify is mandatory for employers in some states, including Mississippi and Arizona.
The system has its critics.Among the criticisms are the following:
1.The system may or may not be able to handle a surge in queries, especially if more private employers are required to use it.
2. Employers are required to notify individuals who receive a tentative non-confirmation. The employee has eight federal working days to contact SSA to correct their records.http://www.nextgov.com/nextgov/ng_20090916_2327.php
Eight days is a small window to correct any discrepancies.The employer would have the burden to make these corrections.
3.According to nextgov.com, about .03 per cent of the “tentative nonconfirmation” results contest the determination successfully.This would yield 24,000 erroneous results annually, a figure deemed too high by critics.
The question becomes, will E-Verify become mandatory for private employers?This is an issue employers need to monitor.The 2010 appropriations bill provides $5.4 billion to fund DHS's employment verification activities.
The present E-Verify system may become even more advanced.Senator Schumer (D-NY) has stated repeatedly that E-Verify does not “go far enough” and made clear in several occasions that he favors a hi-tech employment verification system which employs biometric identifiers such as fingerprints, eye scans, and more. Similarly, Secretary Napolitano, who believes E-Verify is a “smart, simple and effective tool” has also made clear, in agreement with Sen. Schumer that “we need to continue to work to improve E-Verify, and we will.”
USCIS also recently redesigned its website.Hector A. Chichoni has an excellent theory that one of the purposes of the redesign was to provide a more powerful platform to handle a surge in E-Verify related queries.[See:http://www.miamiherald.com/business/story/1299177.html]
Thank you for being a loyal Law Office of John M. Manley Member.
