IMMIGRATION UPDATE FEBRUARY 2011
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.
http://www.uscis.gov/portal/site/uscis
**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.
See: http://thomas.loc.gov/cgi-bin/query/z?c112:H.R.43:
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.
