H-1B Cap Count

October 28, 2011 H-1B Cap Count

As of October 28, 2011, approximately 49,200 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 20,000 H-1B petitions for aliens with advanced degrees.

Visa Bulletin for August 2011

VISA BULLETIN AUGUST 2011

Family- Sponsored	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	01MAY04	01MAY04	01MAY04	08MAR93	15APR96
F2A	22JUL08	22JUL08	22JUL08	01JUN08	22JUL08
F2B	01JUL03	01JUL03	01JUL03	01OCT92	01DEC00
F3	22AUG01	22AUG01	22AUG01	15NOV92	01APR92
F4	08APR00	08APR00	08APR00	08MAR96	15MAY88

 

Employment- Based	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	15APR07	15APR07	C	C
3rd	01NOV05	08JUL04	01JUN02	01NOV05	01NOV05
Other Workers	01MAY05	22APR03	01JUN02	01MAY05	01MAY05
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted Employment Areas/ Regional Centers and Pilot Programs	C	C	C	C	C

Dan Larsson to Speak at City Club of Central Oregon on July 21, 2011

For those who may be interested, I will be speaking on July 21, 2011 at the City Club of Central Oregon on Illegal Immigration/Deportation. For more details, see e.g. http://www.cityclubofcentraloregon.com/index.php?option=com_content&view=article&id=70:this-month-in-city-club-july-2011&catid=34:2011.

On the Way to National ID

See below summary of the legislation introduced this week. We are clearly on our way towards a national ID system……….

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Summary of the "Legal Workforce Act"

 

On June 14, 2011, Rep. Lamar Smith (R-TX) introduced H.R. 2164, the Legal Workforce Act, which would mandate a new Employment Eligibility Verification System (EEVS) nationwide within 2 years.

 

Who must use EEVS and when must they comply?

 

1. Mandatory for all employers nationwide in 2-year expedited phase-in. The largest employers must use EEVS within 6 months of enactment. The smallest employers with 1 to19 employees must comply within 2 years. Status quo maintained until the effective dates take effect. Early compliance mandated within 30 days for employers already required to use E-Verify.
   
2. Recruiters, referrers and union halls (including union halls that take no fee) are required to use EEVS within 1 year of enactment.
   

   
    

3. Agriculture: Employers using seasonal workers for agriculture or services (as defined in the H-2A program) must use EEVS within 3 years from enactment. Workers from past seasons are not deemed new hires and need not be reverified.
   

   
    

   • Re-verification: Generally not required but reverification is mandatory for:
   

4. All federal, state, and local government employees
   
5. All employees with a limited period of work authorization
   
6. Employees at certain federal and state contracts working in the U.S.
   
7. Employees at certain critical infrastructure sites
   
8. Employers can voluntarily choose to reverify their workforce
   

   
    

   When must employers verify job applicants? The bill authorizes employers to make offers of employment conditioned upon final clearance by EEVS. By muddying the waters on current law which forbids any kind of pre-screening by employers this will invite employer abuse and discrimination. The bill includes no language prohibiting discriminatory practices.
   

   
    

   Safe harbor protections for employers. Broad relief from liability from civil or criminal suit granted to employers for actions taken in good faith reliance on EEVS, unless there is clear and convincing evidence that the employer knew the employee was unauthorized. There is also relief from substantive and technical violations if timely corrected.
   

   
    

   Penalty and enforcement mechanisms.
   

   
    

9. Felony crime created with fines and prison time for knowing misuse of a social security number or other identification. Enhanced penalty for aggravated identity theft if committed in connection with this newly created crime.
   
10. Ten-fold increase in fines as well as heightened penalties for employers but with a waiver for violators who acted in good faith.
    

    
     

    Limited protections for workers. Employee remedy is limited to suit solely under the Federal Tort Claims Act or injunctive relief. Class actions are prohibited. No relief against employers.
    

    
     

    Major expansion of SSA's enforcement duties will burden SSA and result in issuance of more compliance letters
    

11. Multiple use of SSA numbers. SSA must send notice letters regarding employees who hold more than one job during the year if there is a pattern of unusual multiple use. SSA shall also issue notices to employers submitting one or more mismatched wage and tax statements or corrected wage and tax statements.
    

    
     

    Blocks on social security numbers. SSA is authorized to block a social security number if it is used unusually multiple times. SSA is required to block the SS number for noncitizens whose visas have expired and other categories of noncitizens. An individual worker can block the use of his or her number if its use was not authorized.
    

    
     

    Preemption. The bill preempts states and localities from passing employment verification laws and policies, but grants states and localities a broad exception to the preemption rule by permitting them to use business licensing laws and similar laws as a penalty for failure to use EEVS. This will invite continued state/local regulation in this area and result in diverse and likely conflicting laws.
    

    
     

    Biometric pilot program shall be launched within 18 months of enactment that uses private sector companies that would maintain their own databases and interact with federal databases. Participation in the pilot program is voluntary for employers but mandatory for new employees hired by those employers.
    

    
     

    More onerous documentation requirements. The bill eliminates many approved documents showing identity and work authorization.
    

Visa Bulletin for July 2011

 

VISA BULLETIN JULY 2011

Family- Sponsored	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	01MAY04	01MAY04	01MAY04	08MAR93	15APR96
F2A	22MAR08	22MAR08	22MAR08	15FEB08	22MAR08
F2B	01JUL03	01JUL03	01JUL03	22SEP92	22SEP00
F3	15JUL01	15JUL01	15JUL01	15NOV92	22MAR92
F4	08MAR00	08MAR00	08MAR00	01MAR96	15MAY88

 

Employment- Based	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	08MAR07	08MAR07	C	C
3rd	08OCT05	01JUL04	01MAY02	01JUL05	08OCT05
Other Workers	22NOV04	22APR03	01MAY02	22NOV04	22NOV04
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted Employment Areas/ Regional Centers and Pilot Programs	C	C	C	C	C

AILA Troubled by Supreme Court Decision That Opens Door to 50 Different Laws on Employment Verification

This is likely to create a royal mess………………The US needs reform………..

*************************************************************************************************************

FOR IMMEDIATE RELEASE: Thursday, May 26, 2011

CONTACTS:
George Tzamaras
202-507-7649
gtzamaras@aila.org

Jenny Werwa
202-507-7628
jwerwa@aila.org

WASHINGTON, DC -- The American Immigration Lawyers Association (AILA) is troubled by today's Supreme Court decision to uphold the Arizona Legal Workers Act, a law that threatens to revoke the business licenses of companies in that state if they knowingly hire unauthorized immigrants and requires that Arizona businesses participate in the federal E-Verify program which Congress enacted as a voluntary "pilot program." AILA agrees with Justice Sonia Sotomayor, who said that the majority reading of the law "subjects employers to a patchwork of enforcement schemes similar to the one that Congress sought to displace when it enacted IRCA."

The decision did not address Arizona's infamous SB 1070, the more high-profile Arizona immigration law which requires police to check the immigration status of individuals in certain circumstances. The main provisions of SB 1070 were successfully challenged in federal court on constitutional grounds and are on appeal.

According to David Leopold, President of AILA, "Today's Supreme Court decision is no predictor of how the Court will come out on SB1070. The majority opinion appears to have turned on a narrow and technical reading of the 'savings clause' in IRCA that references state licensing laws. Those who might take some comfort from this decision, hoping that other state laws such as Arizona SB 1070 might be upheld, should pay close attention to the court's affirmation that state laws violate the Constitution if 'they impose additional burdens on the Federal government.'"

Leopold added, "What is particularly troubling about this decision is the danger of a muddled mix of state immigration laws, each of which claims to essentially track the federal law, but each of which has its own tweaks and nuances. It will be extremely burdensome and expensive for employers who operate in multiple states across the country, and who wish, in good faith, to comply with our immigration laws, to ensure not only federal compliance but also compliance on a state-by-state level."

###

The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.

 

USCIS Launches I-9 Web Site

On May 13, 2011, U.S. Citizenship and Immigration Services (USCIS) today launched I-9 Central, a new online resource center dedicated to the most frequently accessed form on USCIS.gov: Form I-9, Employee Eligibility Verification.

This free, easy-to-use website builds on recent employment-related enhancements by providing employers and employees simple one-click access to resources, tips and guidance to properly complete Form I-9 and better understand the Form I-9 process.

Read the Press Release.

June 2011 Visa Bulletin

Visa Bulletin For June 2011

 

Family- Sponsored	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	01MAY04	01MAY04	01MAY04	01MAR93	22FEB96
F2A	22AUG07	22AUG07	22AUG07	22JUL07	22AUG07
F2B	15APR03	15APR03	15APR03	22AUG92	08JUN00
F3	01JUN01	01JUN01	01JUN01	15NOV92	08MAR92
F4	08MAR00	08MAR00	08MAR00	15FEB96	01MAY88

 

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	15OCT06	15OCT06	C	C
3rd	15SEP05	15MAY04	22APR02	22DEC04	15SEP05
Other Workers	08NOV03	22APR03	22APR02	08NOV03	08NOV03
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted Employment Areas/ Regional Centers and Pilot Programs	C	C	C	C	C

DREAM Act Reintroduced

WASHINGTON, DC – On May 11, 2011, Senator Dick Durbin (D-IL) and 32 cosponsors introduced the DREAM Act, legislation that, if passed, would provide undocumented youth who were brought to the U.S. as children a path to citizenship if they attend college for two years or enlist in the military.  Representatives Howard Berman (D-CA) and Ileana Ros-Lehtinen (R-FL) also will introduce similar legislation in the House of Representatives today. This legislation, which has been introduced in every congressional session since 2001, has received widespread support from the business, labor, education, and faith sectors, and enjoys high public approval ratings.  Below is a statement from Marielena Hincapié, executive director of the National Immigration Law Center:

"Senator Durbin, Representative Berman, Representative Ros-Lehtinen, and the other members of Congress who cosponsored this legislation recognize that passing this bill cannot come quickly enough for the young men and women — and children — whom it affects.  Every day, talented young people are caught in the immigration enforcement dragnet and deported.  That's why, a few weeks ago, several senators also sent a letter to President Obama urging him to use his executive authority to make deferred action available on a more systematic basis to DREAM-eligible individuals, and thus to provide these Americans-at-heart a more reliable means of avoiding being deported from the only country they know.

"Last year, after a thrilling win in the House of Representatives, the DREAM Act, like so much other commonsense legislation that had been proposed, fell victim to partisan politics.  The loss wasn't felt only by the children affected by this legislation; it was felt by the entire Latino community, who watched the vote as it was broadcast live by the country's two largest Spanish-language television networks.

"Yesterday, during a major address on immigration, President Obama reaffirmed his support for this much-needed legislation.  Unfortunately, the Department of Homeland Security continues to deport young DREAMers, even though they may be mere months away from having the opportunity to normalize their immigration status. While our greatest hope is that the DREAM Act becomes law, until then, we call on President Obama to use prosecutorial discretion to grant relief to these students. We cannot continue to lose these vital members of our communities. Our economy and society are suffering because of inaction."

USCIS Launches E-Verify Spanish Website

USCIS has launched the Spanish version of its E-Verify web pages. Please visit www.uscis.gov/espanol/E-Verify
to view important information for both employees and employers now available in Spanish. USCIS plans to expand the E-Verify Spanish website with additional sections on a recurring basis.

 

USCIS ha lanzado la versión en español de sus páginas web de E-Verify. Por favor, visite www.uscis.gov/espanol/E-Verify
para ver información importante tanto para empleadores como empleados, ahora disponible en español. USCIS planea expandir el sitio web en español de E-Verify añadiendo secciones regularmente.

Obama/Immigration Reform

President Barack Obama said that immigration reform is one of the pending tasks he wants to complete before his presidency ends because the United States needs an "orderly process" for immigration. It will be interesting to see what happens……….Read more: http://latino.foxnews.com/latino/news/2011/04/21/obama-wants-immigration-reform-fact-presidency-ends/#ixzz1KC2yE3uo

DREAM Act Update

SENATORS TO OBAMA: ACTION NEEDED ON DREAMERS

WASHINGTON – On April 13, 2011, 22 senators signed a letter to President Obama urging him to use prosecutorial discretion to prevent undocumented youth who have been raised in the United States from being summarily deported. Below is a statement from Marielena Hincapié, executive director of the National Immigration Law Center:

"Senators across the country bravely took a stand to prevent youth who have known no other country from being deported to lands they do not know. Because of our broken immigration system, these young people live in daily fear of being separated from their friends, family, and country, with no way to change their immigration status.

"This diverse group of senators rightly recognize that President Obama can and should use his executive authority to ensure that these young people – who are American at heart but lack the papers to prove it – are not caught in the immigration enforcement dragnet that has ensnared record members of our communities. If these young talented students are deported, the entire country loses out.  .

"During his State of the Union address, the President unequivocally stated that he was against deporting these highly educated, talented youth. Unfortunately, because of partisan politics, and a majority vote in both the House and the Senate, the DREAM Act did not pass.  We greatly appreciate the President's support of the DREAM Act, but because of the bill's failure to move we join the senators in asking the President to use the power that he has to protect the fate of these young leaders who represent the future of our country. 

 
 

Summary of Immigration Related Bills

The following immigration-related bills were introduced into the House of Representatives and the Senate in March 2011:

Senate Bills

English Language Unity Act of 2011 (S. 503)
Introduced by Sen. Inhofe (R-OK) on 3/8/11
Summary: To declare English as the official language of the United States, to establish a uniform English language rule for naturalization, and to avoid misconstructions of the English language texts of the laws of the United States, pursuant to Congress' powers to provide for the general welfare of the United States and to establish a uniform rule of naturalization under Article I, Section 8, of the Constitution.

S. 565
Introduced by Sen. Kerry (D-MA) on 3/14/11
Summary: To establish an employment-based immigrant visa for alien entrepreneurs who have received significant capital from investors to establish a business in the United States.

SCAAP Reimbursement Protection Act of 2011 (S. 638)
Introduced by Sen. Feinstein (D-CA) on 3/17/11
Summary: To amend the Immigration and Nationality Act to provide for compensation to states incarcerating undocumented aliens charged with a felony or two or more misdemeanors.

SCAAP Reauthorization Act (S. 639)
Introduced by Sen. Feinstein (D-CA) on 3/17/11
Summary: To authorize to be appropriated $950,000,000 for each of the fiscal years 2012 through 2015 to carry out the State Criminal Alien Assistance Program.

Liberian Refugee Immigration Fairness Act of 2011 (S. 656)
Introduced by Sen. Reed (D-RI) on 3/28/11
Summary: Adjusts to permanent resident status a qualifying Liberian national who: (1) has been continuously present in the United States between January 1, 2011, through the date of status adjustment application; or (2) is the spouse, child, or unmarried son or daughter of such an alien. Requires adjustment applications to be filed not later than one year after the date of enactment of this Act.

Birthright Citizenship Act of 2011 (S. 723)
Introduced by Sen. Vitter (R-LA) on 4/5/11
Summary: To amend section 301 of the Immigration and Nationality Act to clarify those classes of individuals born in the United States who are nationals and citizens of the United States at birth.

House Bills

Jaime Zapata Border Enforcement Security Task Force Act (H.R. 915)
Introduced by Rep. Cuellar (D-TX) on 03/03/11
Summary: To establish a Border Enforcement Security Task Force program to enhance border security by fostering coordinated efforts among Federal, State, and local border and law enforcement officials to protect United States border cities and communities from trans-national crime, including violence associated with drug trafficking, arms smuggling, illegal alien trafficking and smuggling, violence, and kidnapping along and across the international borders of the United States, and for other purposes.

Criminal Alien Removal Act of 2011 (H.R. 932)
Introduced by Rep. Rooney (R-FL) on 03/03/11
Summary: Directs the DHS Secretary to carry out a Criminal Alien Program to: (1) identify incarcerated criminal aliens, (2) ensure that such aliens are not released into the community, and (3) remove such aliens from the United States upon release. Makes a state that does not cooperate with the Secretary to carry out the Program ineligible for Department of Justice (DOJ) law enforcement grant programs (including the criminal alien incarceration program under the Immigration and Nationality Act). Authorizes appropriate state officials to: (1) hold an illegal alien for up to 14 days after completion of the term of incarceration in order to effectuate transfer to federal custody if the alien is removable or not lawfully present in the United States, and (2) issue a detainer permitting an alien who completes a term of incarceration to be held until U.S. Immigration and Customs Enforcement takes the alien into custody.

Immigration Oversight and Fairness Act (H.R. 933)
Introduced by Rep. Roybal-Allard (D-CA) on 03/03/11
Summary: Sets forth detention standards for immigration detention facilities. Directs the Secretary of Homeland Security (DHS) to: (1) convene a detention advisory committee; (2) promulgate regulations regarding detainee care and custody; (3) implement secure alternatives to detention programs under which eligible aliens are released under supervision, assistance, and monitoring that ensure their appearance at all immigration interviews, appointments, and hearings; and (4) provide protective detention alternatives for specified categories of vulnerable aliens.

H.R. 959
Introduced by Rep. Quigley (D-IL) on 03/08/11
Summary: To amend the Immigration and Nationality Act to modify the requirements of the visa waiver program and for other purposes.

English Language Unity Act of 2011 (H.R. 997)
Introduced by Rep. King (R-IA) on 03/10/11
Summary: To declare English as the official language of the United States, to establish a uniform English language rule for naturalization, and to avoid misconstructions of the English language texts of the laws of the United States, pursuant to Congress' powers to provide for the general welfare of the United States and to establish a uniform rule of naturalization under Article I, Section 8, of the Constitution.

Unlawful Border Entry Prevention Act of 2011 (H.R. 1091)
Introduced by Rep. Hunter (R-CA) on 3/15/11
Summary: Amends IIRIRA to authorize the Secretary of Homeland Security (DHS) to construct an additional 350 or more miles of reinforced fencing along the southwest border. Prohibits fencing or any other similar physical infrastructure along the southwest border in existence on December 31, 2010, from being considered in meeting such mileage requirement. Requires the Secretary to submit a plan to Congress to gain operational control of any sector of the southwest border in which there has been a 40% increase over the preceding fiscal year of DHS apprehensions of individuals unlawfully entering the United States.

Enforce the Law for Sanctuary Cities Act (H.R. 1134)
Introduced by Rep. Hunter (R-CA) on 3/16/11
Summary: To amend Section 241(i) of the Immigration and Nationality Act to deny assistance under such section to a state or political subdivision of a state that prohibits its officials from taking certain actions with respect to immigration.

Accountability in Immigrant Repatriation Act of 2011 (H.R. 1156)
Introduced by Rep. Dent (R-PA) on 3/17/11
Summary: To amend the Immigration and Nationality Act with respect to a country that denies or unreasonably delays accepting the country's nationals upon the request of the secretary of Homeland Security.

National Language Act of 2011 (H.R. 1164)
Introduced by Rep. King (R-NY) on 3/17/11
Summary: Makes English the official language of the U.S. government. Requires the government to: (1) conduct its official business in English, including publications, income tax forms, and informational materials; and (2) preserve and enhance the role of English as the official language of the United States. Provides that no person has a right, entitlement, or claim to have the government act, communicate, perform, or provide services or materials in any other language, unless specifically stated in applicable law. Provides that this Act is inapplicable to the use of a language other than English for religious purposes, for training in foreign languages for international communication, or in school programs designed to encourage students to learn foreign languages. Allows the U.S. government to provide interpreters for persons over age 62. Repeals provisions of the Voting Rights Act of 1965 regarding bilingual election requirements and regarding congressional findings of voting discrimination against language minorities, prohibition of English-only elections, and other remedial measures. Amends the INA to require that all public ceremonies in which the oath of allegiance is administered pursuant to such Act be conducted solely in English. Prohibits this Act from preempting any state law.

Clear Law Enforcement for Criminal Alien Removal (CLEAR) Act of 2011 (H.R. 1274)
Introduced by Rep. Royce (R-CA) on 3/30/11
Summary: To gain operational control of the border, enforce immigration laws, strengthen visa security, and for other purposes.

Liberian Refugee Immigration Fairness Act of 2011 (H.R 1293)
Introduced by Rep. Ellison (D-MN) on 3/31/2011
Summary: Adjusts to permanent resident status a qualifying Liberian national who: (1) has been continuously present in the United States between January 1, 2011, through the date of status adjustment application; or (2) is the spouse, child, or unmarried son or daughter of such an alien. Requires adjustment applications to be filed not later than one year after the date of enactment of this Act.

H.R. 1466
Introduced by Del. Sablan (D-MP) on 4/8/11
Summary: To resolve the status of certain persons legally residing in the Commonwealth of the Northern Mariana Islands under the immigration laws of the United States.

H Con Res 29
Introduced by Rep. Poe (R-TX) on 3/9/11
Summary: To express the sense of the Congress that state and local governments should be supported for taking actions to discourage illegal immigration and that legislation should be enacted to ease the burden on state and local governments for taking such actions.