DOL Statement re DREAM Act

See below statement by the US Department of Labor regarding the failure of Congress to pass the dream act. Unfortunately, it is very true that politics has come in the way of reason. Hopefully, our elected officials will get back to serious discussions over immigration reform sooner than later……………

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News Release

 

OPA News Release: [12/20/2010]

Contact Name: Lina Garcia

Phone Number: (202) 693-4661

Release Number: 10-1771-NAT

Statement by Labor Secretary Hilda L. Solis on Dream Act Senate vote

 

WASHINGTON — Secretary of Labor Hilda L. Solis made the following remarks in response to the Senate vote on the Development, Relief and Education for Alien Minors, or Dream, Act:

 

"A tremendous opportunity has been lost in America. In an immensely disheartening vote, a handful of U.S. senators have chosen to shut the door on the hopes and dreams of millions of young people — our

nation's future. The Dream Act is good, bipartisan legislation that would have strengthened our economy, our workforce and our national security. The nonpartisan Congressional Budget Office has even reported

that the Dream Act would cut the deficit by $2.2 billion over the next 10 years. But more importantly, it would have tapped the potential of more than 700,000 young people, allowing some of our nation's

brightest a fighting chance at a better future.

 

"President Obama has long said that the Dream Act is not only the right thing to do for hardworking young people who seek to serve a country they know as their own; it is the right thing for the United States of

America. And as the proud daughter of immigrant parents, I agree. I stand strong with the Latino community, all of this nation's immigrants and fair-minded people all over this country, knowing that this

administration acted aggressively at every level in support of this bill. "Three Republicans supported the Dream Act. Sens. Lisa Murkowski (Alaska), Richard Lugar (Indiana) and Robert Bennett (Utah) should be applauded for doing the right thing by voting for this bill. It is truly a shame that many of their colleagues didn't have the courage to follow suit. "The American people deserve a serious debate on immigration. I agree with the president that Americans don't expect Washington to solve their problems, but they rightfully expect their government to work for them, not against them. Saturday's vote only renews this administration's commitment to continue to fight for all Americans."

DREAM Act Vote on December 18, 2010

Senate to Take Historic Vote on the DREAM Act Saturday Morning Vote Will Determine Fate of Hundreds of Thousands of Young Students   December 17, 2010   Washington D.C. - Thursday night, Senator Harry Reid filed cloture on the DREAM Act, setting the stage for an historic vote on Saturday morning that could finally resolve the uncertain futures of hundreds of thousands of undocumented students who are American in everything but their immigration status.      The following is a statement from Benjamin Johnson, Executive Director of the American Immigration Council and Mary Giovagnoli, Director of the Immigration Policy Center:     "The moral, intellectual and practical rationale for the DREAM Act is overwhelming. The White House supports it. The Departments of Homeland Security (DHS) and Justice, entrusted with enforcing and implementing our immigration laws support it. In fact, DHS leadership said today that the DREAM Act would help mitigate border concerns. David Aguilar, Customs and Border Patrol Deputy Commissioner said 'Passage of the DREAM Act would have a positive effect on our ability to address our nation's border, it would do this by allowing us to focus our energy on smugglers, human traffickers and criminal organizations.' Furthermore the Department of Education and America's academic and faith community support it. State legislators, community groups and the American public support it. Why? Because we have already made a financial investment in the education of these young people who have grown up in our communities. There is no other choice than to bring these young people out of the shadows and into the light of day, where they can give back to the only country they know and love. It's good for public safety and good for the economy," said Benjamin Johnson, Executive Director, American Immigration Council.     "As the first decade of the 21st century comes to an end, the U.S. Senate holds the future of hundreds of thousands of young people in its hands. The DREAM Act, a bill that was conceived as a bipartisan response to the excesses of harsh immigration laws and a broken immigration system, has been working its way through Congress for ten years, but has never been so close to passage as it is today. The truly historic vote in the House of Representatives last week is a testament to the growing political consensus in this country that we must reform our immigration system to make it a body of laws that reflect the best of American values. By giving individuals who work hard, pursue their education and serve their country a chance to become full members of American society we not only reward individual achievement, but invest in our country's future.  The evidence in support of enacting the DREAM Act points to the overwhelming conclusion that its passage will improve the qualify of life for all Americans," said Mary Giovagnoli, Director Immigration Policy Center.    For more information and resources on the DREAM act see: IPC DREAM Act Resource Page ###   For more information contact Wendy Sefsaf at 202-812-2499 or wsefsaf@immcouncil.org

Visa Numbers/Craziness

See below, per December 2010 NSC liaison notes, remarks by Charles Oppenheim of DOS Visa Office. This is truly crazy stuff…………..

FROM Department of State

 

Charles Oppenheim was at this meeting. His prior statements to AILA were in September 2010. DOS and USCIS do not have a good grasp on the I-485 cases that are in the USCIS district offices awaiting a priority date, but have already completed an interview. This could be 45% of the total cases. DOS and USCIS are working to confirm these numbers.

 

There are an estimated 55,000 EB-3 India cases from April 2007 and before. With the per-country third-preference limitation of approximately 2800 immigrant visas per year, this backlog is expected to take approximately 15 years to clear. There will be very slow movement in China and India EB-2 and EB-3 cases this year, probably 1 to 2 weeks per month for the remainder of this year. Family 2A is expected to stop moving forward and could retrogress later this year.

 

DREAM Act Update

For Immediate Release     As U.S. Senate Prepares to Vote, State Lawmakers Urge Passage State Lawmakers from Critical States Speak Out in Favor of DREAM Act     December 16, 2010 Washington D.C. - Today, a group of state legislators from Colorado, Massachusetts, Maine, Texas, and Utah participated in a briefing to share their support for federal legislation know as the DREAM Act. The bi-partisan DREAM Act passed the House of Representatives and awaits a final vote in the Senate in the days ahead. The DREAM Act offers undocumented students the opportunity to gain legal status after completing two years of college or military service, in addition to other requirements. The Migration Policy Institute estimates that 755,000 of the 1.9 million eligible unauthorized immigrants would likely satisfy the DREAM Act's postsecondary or military requirements and obtain legal permanent status.      The state legislators convened by Progressive State Action and the Immigration Policy Center discussed what's at stake for their individual states, how the DREAM Act would benefit local communities, and why they are strongly urging their U.S. Senators to vote in favor of the bill.     State Representative Diane Russell of Maine said "Passing the DREAM Act is a great example of a common sense proposal. It expands opportunity for all our residents - a goal that I know resonates with many Maine voters, including my colleagues in the U.S. Senate. We should not be punishing young people for their parent's decision to come to this country illegally. That said, we do need to find a realistic way to bring those young people into the fold and onto the books without "getting ahead of the line." The DREAM Act is precisely the kind of common sense policy that would do so that is good for Maine's economy, its residents and our communities."     State Representative Jessica Farrar of Texas enhanced the need for the DREAM Act particularly in Texas where in-state tuition for kids is under attack. Farrar said "In our last election, a super majority of Republicans were elected. Their number one target has been the repeal of in-state tuition. Now, I feel like the repeal will pass. I'm very concerned because education promotes assimilation and provides opportunities for students ... I want to ask Senators Cornyn and Hutchinson why we would walk away from the opportunity to develop medical researchers, entrepreneurs, scientists and educators?"     State Representative Denise Provost of Massachusetts said "Immigrants have added tremendous value to our state. Massachusetts has invested heavily in K-12 education. We're investing in every student. But because federal immigration law is so outmoded and in need of change, we're prevented from benefiting from the investment we have in our students. We produce way too many valedictorians who have no future. The DREAM Act is something that would benefit our state. Massachusetts needs that workforce and the military could use the help."     State Senator Luz Robles of Utah said "The country will agree that criminalizing children is not the way we run our country, it doesn't reflect our culture or who we are as a nation...Any individual in this country who wants an opportunity to continue to grow and be a taxpayer should get that opportunity and that's what the DREAM Act does. It recognizes that they're here and it recognizes that they're a great source of revenue for our states. More importantly, they are the future of this country."     State Representative Joe Miklosi of Colorado said "It doesn't make sense to invest 12 years of education and then say we're going to stop after they graduate. I can't think of why we would stop professional development. It just doesn't seem to make economic sense... In Colorado, we want to continue our job growth, but in order to keep that momentum, we need to expand educational opportunities to more people and give the undocumented the ability to pay their own way. It's a win-win for everyone."     ##      For more information contact Wendy Sefsaf at wsefsaf@immcouncil.org or 202-507-7524.

___________________________________________________________________________     The Immigration Policy Center (IPC), established in 2003, is the policy arm of the American Immigration Council. IPC's mission is to shape a rational national conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy on U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policy makers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion-makers and the media. IPC is a non-partisan organization that neither supports nor opposes any political party or candidate for office.     Division of the American Immigration Council.

H-1B Update

December 10, 2010 H-1B Cap Count

As of December 10, 2010, approximately 52,400 H-1B cap-subject petitions were receipted (cap is 65,000). Additionally, USCIS has receipted 19,100 H-1B petitions for aliens with advanced degrees.

Visa Bulletin for January 2011

Some interesting visa numbers for January 2011, especially in the EB3 category for Mexico………..

 

Visa Bulletin For January 2011

 

Family	All Chargeability Areas Except Those Listed	CHINA-mainland born	DOMINICAN REPUBLIC	INDIA	MEXICO	PHILIPPINES
1st	01JAN05	01JAN05	01JAN05	01JAN05	08JAN93	01JUN94
2A	01JAN08	01JAN08	01JAN08	01JAN08	01APR05	01JAN08
2B	15APR03	15APR03	01MAR02	15APR03	22JUN92	15MAY99
3rd	01JAN01	01JAN01	01JAN01	01JAN01	22OCT92	22OCT91
4th	01JAN02	01JAN02	01JAN02	01JAN02	22DEC95	01JAN88

 

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	DOMINICAN REPUBLIC	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C	C
2nd	C	22JUN06	C	08MAY06	C	C
3rd	22MAR05	15DEC03	22MAR05	01FEB02	15APR03	22MAR05
Other Workers	22APR03	22APR03	22APR03	01FEB02	15APR03	22APR03
4th	C	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C	C
5th	C	C	C	C	C	C
Targeted Employment Areas/ Regional Centers	C	C	C	C	C	C
5th Pilot Programs	C	C	C	C	C	C

Update on DREAM Act

Majority Leader Reid Reintroduces DREAM Act (S.3992)

On 11/30/10, Senate Majority Leader Harry Reid (D-NV) filed a new version of the DREAM Act (S.3992) with the aim of attracting broader support for DREAM to get the requisite 60 votes to pass the Senate during the current "lame duck" session of Congress.

The earliest Reid could file a cloture motion on the new bill would be this coming Thursday, December 2nd. After waiting out the requisite 30 hours post-cloture, it could "ripen" over the weekend, and effectively come up for a vote on Monday, December 6th at the earliest.

The new version addresses many of the concerns raised by Republicans and tightens the restrictions on eligibility in several respects. Among other changes, the new version does the following:

• Excludes from eligibility those with certain criminal convictions, such as for offenses punishable by a maximum term of more than 1 year (felony) or 3 misdemeanors
  
• Requires all applicants to provide their biometric data to DHS, to submit to background checks and medical examination, and to register for military selective service
  
• Requires applicants to pay all taxes
  
• Sets the cut-off age to those who are less than 30 years-old on the date of enactment
  
• Provides a "safe harbor" from removal only to those applicants who present a prima facie case of eligibility
  
• Extends the good moral character requirement back to the date the alien entered the United States rather than the date of enactment of DREAM
  
• Expands the applicable grounds of inadmissibility to include the health-related, public charge, smuggling, draft dodging, and unlawful voting grounds
  
• Expands the applicable grounds of deportability to include public charge, unlawful voting, and marriage fraud grounds
  
• Excludes those who participated in persecution
  
• Clarifies that no one can apply before 1 year after enactment
  
• Requires applicants to demonstrate eligibility by a preponderance of the evidence
  
• Eliminates repeal of the in-state tuition ban
  
• Defines institution of higher education to include only U.S.-based programs
  
• Requires those who subsequently apply for adjustment to meet the English language and civics requirements typically required for naturalization
  
• Expands the circumstances where disclosure of confidential information about DREAM applicants is required for homeland security or national security purposes
  
• Creates conditional nonimmigrant status for 10 years, followed by 3 years of LPR status prior to application for naturalization
  

Senator Durbin (D-IL) has also recently introduced two paired down versions of the DREAM Act (S.3962) and (S.3963) in the hopes of getting the bill passed during the lame duck session.

BUT, in order for the DREAM Act to pass we must keep the pressure on Members of Congress. It's more important than ever that you take action TODAY by writing and calling your member of Congress and urging them to support this common-sense and urgently needed immigration measure.

DREAM Act Update

See below, hopefully Congress will act on this quickly in a positive way.

 

Dan

 

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Date: Wednesday, November 17, 2010

 
 

CONTACT: Jim Manley, (202) 224-2939

 
 

 
 

REID WILL INTRODUCE DREAM ACT AS STAND ALONE BILL

Washington, D.C.--Senate Majority Leader Harry Reid released the following statement today announcing that he plans to bring up the DREAM Act as a stand-alone bill for a vote during the lame duck session.

"If there is a bipartisan bill that makes sense for our country economically, from a national security perspective and one that reflects American values, it is the DREAM Act. This bill will give children brought illegally to this country at no fault of their own the chance to earn legal status. Children brought to this country before the age of 16 who graduate high school, stay out of trouble and go on to serve in the military or to college would be eligible to earn permanent resident status after meeting certain other requirements.
 
"Secretaries of Defense from both parties have supported this bill because it strengthens our Armed Forces. In fact, this bill has a long history of bipartisan support, and was originally co-authored by Republicans. The students who earn legal status through the DREAM Act will make our country more competitive economically, spurring job creation, contributing to our tax base and strengthening communities.
 
"Last time we sought to bring up this bill, all Republicans blocked our effort, even though many have been supporters of the DREAM Act in the past. I hope that our Republican colleagues will join me, Sen. Durbin and Democrats in passing this important piece of legislation, now that we have a stand-alone version and that political season is over." 

 
 

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H-1Bs And Arrests

See below commentary regarding issues related to enforcement efforts. Without going into too much detail about how poorly many of the service centers operate, and how little coordination there is between the various agencies of the DHS after the breakup of the INS, it would seem that enforcement efforts could be focused on those truly have run out of options and appropriate determinations have been made that options have run out? We are seeing strange denials on extension requests for people who have been in valid H1B status for many years. While these cases can often be appealed and rectified, it is frankly beyond comprehension why it is in the interest of the US to not only deprive US employers of employees who are not violating any laws and for which determinations may have been made in error, but also then seek to arrest and deport professionals (H1B petitions require that the job is professional in nature and requiring that the foreign national house at least a US bachelor's degree or its equivalent)? There's no question that laws need to be followed and upheld, but it is very unfortunate when the government flexes its powers often times for more political than actual reasons……. Congress needs to act quickly for comprehensive immigration reform which likely would jumpstart the economy again……… Dan ********************************************************************     For Immediate Release   Legal Action Center Argues H-1B Employees Should Not Face Arrest While Extension Requests Remain Pending   November 8, 2010   Washington D.C. - Late last week, the Legal Action Center of the American Immigration Council (LAC), together with the American Immigration Lawyers Association (AILA), filed an amicus brief arguing that an H-1B employee should not face arrest, detention or deportation after his initial period of admission expires if a pending extension request remains under review. The brief, filed in federal district court in Connecticut, maintains that H-1B employers who follow the law should not lose valuable employees because of widespread delays at immigration processing centers."Both existing law and common sense dictate that the government cannot sit on an employer's H-1B extension request and then arrest the employee due to its own processing delays," said Melissa Crow, director of the Legal Action Center.     The LAC filed the brief on behalf of a Lebanese national represented by the Worker and Immigrant Rights Advocacy Clinic at Yale Law School and the Asian American Legal Defense and Education Fund.  The plaintiff was gainfully employed when his employer requested an H-1B extension in early 2004, more than a month before the deadline.Though his employer paid a $1,000 "premium processing" fee to obtain a decision within fifteen business days, the government neither approved nor denied the application and refused to respond to requests for information.Nearly seven months after the extension request was filed, but before DHS had decided it, immigration agents arrested the plaintiff for allegedly "overstaying" his visa.      While federal law permits H-1B employees to remain in the United States for up to six years, the government grants visas for only three years at a time. Typically, the government may seek to remove noncitizens who overstay a temporary visa. But a federal regulation specifically permits an H-1B employee to continue working for up to 240 days after his initial period of admission expires so long as his employer filed an extension request before that period ended.      In the amicus brief, LAC and AILA argue that the automatic extension of work authorization should prevent the government from arresting H-1B employees while their employers' extension requests remain pending. With supportive declarations from three prominent companies that rely on H-1B workers, the brief further argues that subjecting noncitizens in the plaintiff's position to arrest would threaten to disrupt key sectors of the U.S. economy and undermine the goals of the H-1B program.      ###     For more information contact Wendy Sefsaf at 202-507-7524 or wsefsaf@immcouncil.org

___________________________________________________________________________     The Legal Action Center strives to increase the accountability of government agencies that administer the immigration laws and to ensure these laws are interpreted and implemented in a way that honors fundamental constitutional and human rights. The LAC engages in impact litigation, appears as amicus curiae (friend of the court) before administrative tribunals and federal courts in significant immigration cases on targeted legal issues, and has long worked to protect the right to counsel for noncitizens facing removal from the United States.

DHS/Big Brother

The blog posting below by David is chilling, but also a reminder that it is important to keep your common sense. As David states, don't post anything on-line that you don't want to read on the front of the news……..

Dan

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Big Brother is "Friending" You

10/15/2010, 11:01 am

Written by: David Leopold

Someone once told me that you should never post anything online you don't want to read on the front page of the newspaper.  As an employer I often peruse facebook, myspace and other social networking sites when evaluating job applicants.  The sites sometimes offer a candid glimpse into a prospective employee character—the stuff that is left off the resume and not mentioned during the job interview can be quite revealing.  And, as social networking has become an integral part of modern culture, it can provide a wealth of heretofore unobtainable information about a person.  10 years ago, for example, it would have been impossible to point, click, and bring up an job applicant's wedding, college, or baby photos.  Social networking sites are a potential goldmine of information about a person, his or her associations,  and interests.

So it comes as no surprise that the fraud division of the U.S. Immigration and Citizenship Services—FDNS—targets social networking sites in its effort to ferret out immigration and visa fraud.  In fact this is nothing new.  Years ago I represented a client who had been confronted at a green card interview with chat room postings in which he had asked for advice about disclosing a minor conviction to immigration authorities.

But what is surprising, and maybe even a bit chilling, is the government's tactic of accessing the private data through deception.  A Department of Homeland Security memo released yesterday entitled Social Sites Networking and Their Importance to FDNS encourages officers to take advantage of people's "narcissistic tendencies" to access their private or semi-private pages.  FDNS surmises that the human desire to be popular will enable it to quickly be "friended" by an unknown social networker:

Narcissistic tendencies in many people fuels a need to have a large group of "friends" link to their pages and many of these people accept cyber-friends that they don't even know. This provides an excellent vantage point for FDNS to observe the daily life of beneficiaries and petitioners who are suspected of fraudulent activities. Generally, people on these sites speak honestly in their network because all of their friends and family are interacting with them via IM's (Instant Messages), Blogs (Weblog journals), etc. This social networking gives FDNS an opportunity to reveal fraud by browsing these sites to see if petitioners and beneficiaries are in a valid relationship or are attempting to deceive CIS about their relationship. Once a user posts online, they create a public record and timeline of their activities. In essence using MySpace and other like sites is akin to doing an unannounced cyber "site-visit" on a petitioners and beneficiaries.

So every time I receive a friend request am I to assume it is really a an FDNS investigator looking for access to my facebook page and personal information?  And what really happens in a cyber "site-visit"?  We know from experience that incorrect information can easily be recorded into a petitioner's or beneficiary's file as a result of live site visits.  For example, investigators are quick to assume that an employee who may be absent on the day of the unannounced visit doesn't really work for the petitioning company or presumes fraud when he or she finds the petitioning company's facility vacant not realizing it  relocated weeks before the the unannounced visit.

I can only imagine what a cyber "site visit" might look like.  A crack FDNS agent, playing on your irresistible urge to be popular, logs in to facebook and tries to "friend" you calling himself John Doe.  You immediately accept his friend request and suddenly your facebook page has become the government's window into your personal life.

What if the FDNS agent logs in a week later and you have changed your profile photo?  Some folks put up pictures of their pets.  Will the DHS sleuths find this suspicious?

The more I thought about the DHS memo, the more nervous I became.  I have hundreds of "friends" on facebook.  So, I quickly deleted references to my date of birth, marital status, sexual orientation, and children.  I cleansed it of any compromising photos, references to my hobbies, interests, and travels.  I even deleted pictures of my dog, Louis, an Irish bred farm dog.

But I am not panicking.  Louis was born in Pennsylvania and I have the papers to prove it.

November 2010 Visa Bulletin

Visa Bulletin for November 2010

Family	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
1st	15FEB06	15FEB06	15FEB06	22DEC92	01APR97
2A	01JUN10	01JUN10	01JUN10	01MAR10	01JUN10
2B	01JUN05	01JUN05	01JUN05	22JUN92	01SEP02
3rd	01JUN02	01JUN02	01JUN02	22OCT92	01MAR95
4th	01JAN02	01JAN02	01JAN02	15DEC95	01APR91

 

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01JUN06	08MAY06	C	C
3rd	22JAN05	22NOV03	22JAN02	01MAY01	22JAN05
Other Workers	01APR03	01APR03	22JAN02	01MAY01	01APR03
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th	C	C	C	C	C
Targeted Employment Areas/ Regional Centers	C	C	C	C	C
5th Pilot Programs	C	C	C	C	C