Larsson Immigration Group's Blog

H-1B Cap Count

2011-11-01T10:29:00.000-07:00

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

2011-07-12T12:53:00.001-07:00

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

2011-07-12T08:41:00.001-07:00

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

2011-06-16T17:03:00.001-07:00

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?

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.
Recruiters, referrers and union halls (including union halls that take no fee) are required to use EEVS within 1 year of enactment.
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:
All federal, state, and local government employees
All employees with a limited period of work authorization
Employees at certain federal and state contracts working in the U.S.
Employees at certain critical infrastructure sites
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.
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.
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
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

2011-06-09T15:18:00.001-07:00

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

2011-05-26T16:03:00.001-07:00

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

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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."

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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

2011-05-13T11:25:00.001-07:00

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

2011-05-12T11:27:00.000-07:00

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

2011-05-11T10:07:00.001-07:00

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

2011-05-06T12:44:00.001-07:00

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

2011-04-21T13:55:00.001-07:00

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

2011-04-14T14:38:00.001-07:00

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

2011-04-14T13:15:00.001-07:00

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.

SSA/No Match Letters

2011-04-13T15:42:00.001-07:00

The American Immigration Lawyers Association is reporting that the Social Security Administration has resumed sending "no match" letters that tell employers that employees social security numbers do not match the number in the SSA database. There are a few differences from past no-match letters. First, language warning employers that failing to act on a no-match letter can be considered as constructive knowledge of an employee working without authorization is no longer included. Also, letters will list only one employee in each letter rather than multiple workers.

The letters remind employers that they should not take adverse action against a worker strictly on the basis of a no-match letter. SSA is advising employers to first check their records and if the problem is not with the employer, then the employer should instruct the employee to contact SSA. The notice states that it can take two months or longer to get a new or replacement Social Security card.

If an employer is unable to resolve the issue because the employee leaves the employer or is unable to provide a new card, the employer should document its efforts and keep the documentation for four years. The Department of Justice's Office of Special Counsel is advising employers not to terminate unless a "reasonable period of time" has passed for the worker to resolve the problem. What is "reasonable" is not defined though AILA notes that E-Verify problem resolutions can be continued for up to 120 days.

The big question is whether we'll see mass confusion like we saw earlier this decade when the letters were previously sent out by the thousands.

Visa Bulletin for May 2011

2011-04-11T07:28:00.001-07:00

Visa Bulletin For May 2011

Family- Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	01MAY04	01MAY04	01MAY04	01MAR93	15JUL95
F2A	08JUN07	08JUN07	08JUN07	01JAN07	08JUN07
F2B	15APR03	15APR03	15APR03	01AUG92	01MAR00
F3	01MAY01	01MAY01	01MAY01	15NOV92	15FEB92
F4	08MAR00	22JAN00	08MAR00	15FEB96	08APR88

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01AUG06	01JUL06	C	C
3rd	22AUG05	15APR04	15APR02	08SEP04	22AUG05
Other Workers	08SEP03	22APR03	15APR02	08SEP03	08SEP03
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted Employment Areas/ Regional Centers and Private Programs	C	C	C	C	C

DREAM Act/Deportations

2011-04-07T15:53:00.001-07:00

This is ridiculous, and not the best way to jump start the economy…………… http://www.politicalaffairs.net/seven-undocumented-students-arrested-for-wanting-an-education/

What Impact May the 2011 Budget Have On Immigration?

2011-04-05T15:07:00.001-07:00

The 2011 budget is not yet complete and President Obama has invited Speaker Boehner and Majority Leader Reid to continue to meet and finalize the budget. Looking at the likely effect of the budget impasse on immigration issues, bear in mind that consular processing was entirely halted the last time the government shut down over the budget in the mid-90s. Once consular processing resumes, delays will likely persist for some time. A similar situation is possible with PERM as well. Even if the 2011 budget is agreed to, the 2012 budget is still an open question, due to the ballooning deficits and the different approaches of the two political parties to the same. So, politics again may have a detrimental effect on immigration. One can only hope that someone will soon acknowledge and recognize how important a just and functioning immigration system is for both the economy as well as for national security………….

Utah Governor/Immigration Reform Bills

2011-03-22T16:42:00.001-07:00

Utah Governor Signs Immigration Reform Bills

On March 15, 2011, Utah Governor Gary R. Herbert signed into law four immigration reform bills, which combined constitute what he calls "the Utah Solution":

• H.B. 116, the Guest Worker Program Act, which, in addition to establishing a guest worker program for Utah, outlines when a law-enforcement officer is required or permitted to request verification of immigration status

• H.B. 466, Migrant Workers and Related Commission Amendments, which, among other things, provides for the creation of a Migrant Worker Visa Pilot Program

• H.B. 469, Immigration Related Amendments, which, among other things, enacts the Utah Pilot Sponsored Resident Immigrant Program Act

• H.B. 497, the Utah Illegal Immigration Enforcement Act, which, among other things, requires that an officer verify the immigration status of a person arrested for a felony or a class A misdemeanor and a person booked for class B or C misdemeanors and requires that an officer attempt to verify immigration status for a person detained for a class B or C misdemeanor; provides for transportation of an illegal alien to federal custody by a state or local law-enforcement officer; and amends peace officer arrest authority to include making an arrest when the officer has reasonable cause to believe the person is an alien subject to an immigration removal order, and regarding whom a detainer warrant has been issued, who has committed or been charged with a felony in another state.

Governor Herbert said, "Today I challenge our federal delegation and those who work alongside them in Washington, D.C.: It is time to get off the sidelines and have a meaningful dialogue about immigration in this country. ... [W]hat we have begun today is a framework for a national conversation about immigration and a means to engage the federal government."

USCIS Launches E-Verify Self Check

2011-03-21T09:53:00.001-07:00

Another step towards a national ID system………

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On March 21, 2011, USCIS launches E-Verify Self Check, the first online E-Verify program offered directly to the U.S. workforce. E-Verify Self Check, a fast, simple, secure and free service, enables individuals to voluntarily check their own employment eligibility status. USCIS is releasing E-Verify Self Check in phases, with the first phase only accessible to users who maintain an address and are physically located in Arizona, Idaho, Colorado, Mississippi, Virginia, or the District of Columbia. Click here to visit the E-Verify Self Check website and check your own employment eligibility status.

Utah Signs Immigration Measures Into Law

2011-03-15T14:13:00.001-07:00

See below for information on Utah's immigration measures signed into law today, March 15, 2011. Again, this re-emphasizes the need for the federal government to deal with comprehensive immigration reform………

NEWS: For Immediate Release
March 15, 2011
CONTACT: Adela de la Torre, 213-674-2832
or delatorre@nilc.org.

UTAH COMPROMISES VALUES AND THE U.S. CONSTITUTION WITH NEW IMMIGRATION SCHEME

LOS ANGELES, Calif. – Utah Governor Gary Herbert today signed into law immigration measures that together create the nation's most broadly sweeping state immigration enforcement scheme. Largely modeled on Arizona's SB 1070, HB 497 requires police to interrogate individuals and verify their immigration status in a wide array of situations, promoting harmful and costly incentives for law enforcement to racially profile. The second bill, HB 116, attempts to create a "guest worker" program for undocumented workers currently in Utah. Below is a statement from Marielena Hincapié, executive director of the National Immigration Law Center, on HB 497 and HB 116:

"Today, the first Arizona copycat legislation has been signed into law, and our fears of a patchwork immigration policy have been realized. While Utah policymakers may have been striving to develop a different approach to Arizona, the new laws unfortunately suffer from the same fatal flaw as Arizona's SB 1070: they are fundamentally unconstitutional. Taken together, the laws signify an even more sweeping state takeover of federal immigration regulation."

"We share Utah's frustration with the federal government's failure to create a functional immigration system. Decades of inaction in Washington have led states to attempt to come up with their own solutions. However, state-led attempts to regulate and enforce immigration law are a costly, ineffective, and often unconstitutional answer.

"One of the laws signed today correctly identifies immigrant workers as a vital part of Utah's society and economy. However, states simply do not have the power to grant or deny work authorization to immigrants. Therefore, this law does nothing more than create false hope for immigrant workers in Utah, as they will not have a viable path to legal status under this law and will continue to be vulnerable to federal immigration enforcement measures as well as the new state enforcement scheme enacted through HB 497.

"The actions of lawmakers in Utah, Arizona, and other states threatening to follow down their path should serve as a clarion call to reluctant federal legislators to finally fix our broken immigration system. Our country needs federal policymakers to step up to the plate and get serious about enacting humane and functional immigration reform. Rather than marginalize immigrant communities and target people of color, states must focus on enacting laws that recognize immigrants' contributions and build stronger and more inclusive communities."

Click here for a summary of the legislation.

# # #

EL ESTADO DE UTAH TRANSIGE LOS VALORES Y LA CONSTITUCION DE LOS EE.UU. CON SU NUEVO ESQUEMA DE INMIGRACION

LOS ANGELES, Calif. -- Hoy el Gobernador Gary Herbert de Utah firmó las legislaciones de inmigración que juntas crean el sistema estatal de inmigración más vasto del país. En gran parte basada en la ley SB 1070 de Arizona, la HB 497 requiere que la policía interrogue a individuos y verifique su estatus migratorio en una variedad de situaciones, promoviendo incentivos perjudiciales y costosos para que los agentes de policía discriminen por el perfil racial. La segunda legislación, HB 116, intenta crear un programa de "trabajadores huéspedes" para trabajadores indocumentados que vivan en Utah. La siguiente es una declaración de Marielena Hincapié, abogada y directora ejecutiva del Centro Nacional de Leyes de Inmigración (National Immigration Law Center o NILC, por sus siglas en ingles), sobre HB 497 y HB 116.

"Hoy, la primera imitación de la legislación de Arizona se ha convertido en ley, y nuestros temores de un mosaico de políticas de inmigración se han realizado. Aunque los políticos de Utah quizás trataron de hacer un esfuerzo para desarrollar una alternativa a la ley de Arizona, desafortunadamente las nuevas leyes tienen el mismo defecto fatal como la SB 1070 de Arizona: son fundamentalmente inconstitucionales. Juntas, estas leyes significan una toma de control aun más profunda de los reglamentos federales de inmigración.

"Nosotros compartimos la frustración de Utah con el gobierno federal que ha fallado en crear un sistema migratorio que funcione. Décadas de inacción en Washington han llevado a los estados a intentar de desarrollar sus propias soluciones. Sin embargo, tales intentos estatales de regular y aplicar las leyes de inmigración son una respuesta costosa, inefectiva y casi siempre inconstitucional.

"Una de las leyes firmadas hoy correctamente identifica a los trabajadores inmigrantes como una parte vital de la sociedad y la economía de Utah. Sin embargo, los estados simplemente no tienen el poder de otorgar o negar la autorización de trabajar a los inmigrantes. Por lo tanto, esta ley no hace mas nada que darle falsas esperanzas a los trabajadores inmigrantes en Utah ya que no tendrán acceso al estatus legal bajo esta ley y seguirán siendo vulnerables bajo las leyes de inmigración federales como también el nuevo sistema de inmigración bajo la nueva ley HB 497.

"Las acciones de los políticos de Utah, Arizona y los demás estados que amenazan con seguir por éste camino deben de servir como un llamado de atención a los legisladores federales reacios para que finalmente compongan nuestro sistema de inmigración. Nuestro país necesita que los políticos federales tomen en serio la necesidad de implementar una reforma migratoria humana e integral. En vez de marginar a las comunidades inmigrantes y a las personas de color, los estados se deben de enfocar en promulgar leyes que reconozcan las contribuciones de los inmigrantes y construyan comunidades más fuertes e incluyentes."

Haga click aquí por un resumen de la legislación en inglés.

# # #

USCIS Advisory Regarding Those Impacted By Earthquake/Tsunami

2011-03-11T14:30:00.001-08:00

The USCIS just announced this advisory for Japanese and other foreign nationals from the Pacific stranded in the United States due to the earthquakes and tsunami devastation in the Pacific. If you have exceeded or are about to exceed your authorized stay in the U.S. you may be permitted up to an additional 30 days to depart.

Visitors traveling under the Visa Waiver Program (VWP):

If you are at an airport, contact the U.S. Customs and Border Protection office at the airport.
All others, please visit the local U.S. Citizenship and Immigration Services office.

Visitors traveling under a nonimmigrant visa:

Visit the local U.S. Citizenship and Immigration Services office.
Bring your passport, evidence that you are stranded (such as an itinerary for the cancelled flight), and your I-94 departure record.

For additional immigration relief options, please visit the Special Situation page.

USCIS/E-Verify Connection

2011-03-07T12:43:00.001-08:00

See below from USCIS. It is likely that any comprehensive immigration reform proposals will include some kind of mandatory sign-up in E-Verify…..

Dan

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E-Verify Connection

March 2011

Issue 2

Welcome to E-Verify Connection, an e-newsletter from United States Citizenship and Immigration Services. Each issue will bring you updates about E-Verify's advances and activities. A pdf version of E-Verify Connection is available online.

What's Hot in E-Verify

E-Verify Scores High on Customer Satisfaction

E-Verify earned an exceptionally high score in the 2010 American Customer Satisfaction Index (ASCI). E-Verify's overall score of 82 far surpassed the federal government's score of 69. E-Verify Customer Support scored 89. Other key findings are that the overwhelming majority of users are likely to recommend and continue using E-Verify, and are confident in E-Verify's accuracy. You can read the ASCI survey report online.

One New Card Authorizes Two Benefits

On February 11, 2011, U.S. Citizenship and Immigration Services began issuing a card that authorizes both employment and travel authorization. This card is issued to those who file applications to Register Permanent Residence or Adjust Status (Form I-485). This card is an acceptable employment authorization and identity document for Form I-9. See our website for more information.

Now Available! Revised Handbook for Employers

The revised M-274 Handbook for Employers: Instructions for Completing I-9, released on January 5, 2011, has updated instructions for completing Form I-9, useful information about documents, and more guidance.
Download your free copy.

E-Verify Existing Users...A New Webinar for You!

The free live webinar designed for E-Verify users has been updated to include a discussion about immigration-related hiring practices that are common triggers for Department of Justice investigations. The E-Verify for Existing Users webinar includes advanced reviews of new features, Form I-9 and tentative non-confirmations. USCIS also offers free E-Verify Overview, Federal Contractor E-Verify, and Form I-9 webinars.
Just go to our website and register for the webinar of your choice.

GAO Cites E-Verify Improvements

A new
Government Accountability Office (GAO) report
analyzed 2009-2010 E-Verify data and reported significant improvements, such as a 5.4% decrease in tentative non-confirmations (TNCs), better safeguards for securing employee information, and improvements in monitoring employers' compliance.

Higher Worker Authorization Rates

In fiscal year 2010, E-Verify automatically confirmed 98.3% of employees as authorized to work instantly or within 24 hours—an increase of nearly one percent over the previous year.
See the updated statistics online at E-Verify Statistics and Reports.

E-Verify Testifies

On Feb 10, 2011, USCIS Associate Director for Enterprise Services Theresa Bertucci testified before Congress about E-Verify. Read the Testimony.

Why Don't They Use E-Verify?

An independent study of E-Verify non-users, The Practices and Opinions of Employers Who Do Not Participate in E-Verify, reported that more than half of all employers have not yet heard of E-Verify, and many others have misconceptions about the program. Learn the facts about E-Verify – it's free, it's easy, and users rate it highly.

¿Ha visto "The Reporter"?

La edición de invierno 2010 de "The Reporter", boletίn de SSA/IRS para los empleadores y patronos, tiene un artίculo informativo acerca de E-Verify. Vea la página 4 de "The Reporter."

E-Verify Outreach

U.S. Citizenship and Immigration Services E-Verify experts will be available at the following events:

Arizona Society of Human Resource Management (SHRM) Conference
Phoenix, AZ March 2, 2011
Health Care Benefit New York Show and Conference Expo
New York, NY March 7, 2011
American Payroll Association Capital Summit
Washington, DC March 8, 2011
Alliance Mid-Atlantic Small Business Procurement Fair
Atlantic City, NJ March 10, 2011
SHRM Employment Law and Legislative Conference
Washington, DC March 14-16, 2011
Greater New York Chamber of Commerce/Brooklyn Trade Show
Brooklyn, NY March 15, 2011
Annual Reservation Economic Summit
Las Vegas, NV March 16-17, 2011
Aerospace & Defense Contract Management Conference
Glendale, AZ March 17-18, 2011
New England Food Show
Boston, MA March 20-22, 2011
Employers Association Employment Law Conference
Perrysburg, OH March 25, 2011
College and University Professionals (CUPA)-HR Western Regional Conference
Lost Pines, TX March 27-29, 2011
National Small Business Contracting Week Summit
Washington, DC March 29 – 31, 2011
American Council of Engineering Companies Convention
Washington, DC March 29-April 1, 2011

H-1B Registration System

2011-03-02T14:15:00.001-08:00

See below that was just announced today. This appears to be similar to the current PERM system for labor certification. Given how many problems there have been with the electronic filing system so far, it is unclear how much money actually will be saved if it results in additional processing delays……….. Clearly, we are moving towards a national identification system. It will be interesting to see how this plays out, in particular how the USCIS selection system proposed below would actually be managed………

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USCIS Announces Proposed H-1B Electronic Registration System to Reduce Costs for U.S. Businesses

March 2, 2011

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) is publishing tomorrow a proposed rule that could save U.S. businesses more than $23 million over the next 10 years by establishing an advance registration process for U.S. employers seeking to file H-1B petitions for foreign workers in specialty occupations. The proposed electronic system would minimize administrative burdens and expenses related to the H-1B petition process—including reducing the need for employers to submit petitions for which visas would not be available under the statutory visa cap.

USCIS Director Alejandro Mayorkas today 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."

Under the proposed rule, employers seeking to petition for H-1B workers subject to the statutory cap would register electronically with USCIS—a process that would take an estimated 30 minutes to complete. 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.

The proposed rule, which posted to the Federal Register today for public viewing, contains complete details about the registration system and estimated cost savings. USCIS encourages formal comments on the proposed rule through www.regulations.gov. The comment period runs for 60 days, beginning March 3, 2011, and ending on May 2, 2011.

For more information on the proposed H-1B rule, please see the accompanying Fact Sheet. For more information on USCIS and its programs, visit www.uscis.gov.

Last updated:03/02/2011

ICE Announces New I-9 Audits Nationwide

2011-02-23T09:57:00.001-08:00

ICE has announced 1000 new I-9 audits nationwide—both large and small employers. Fines can be substantial for trivial paperwork errors (in two local cases ICE is seeking over $150,000).

It is critical that employers have competent counsel review the I-9 forms BEFORE they are turned over to ICE, so that minor errors can be fixed (consistent with ICE procedures). Typically, ICE gives a three day notice (business days), so these audits need rapid response.

Sometimes ICE will grant a short extension to respond to the 3 day notice, but in the last round, extensions are often difficult to obtain, and not very long.

One regular problem is that the employer turns over the I-9 forms without keeping a copy of what is turned over, and then contacts counsel. Therefore, it is highly recommended that counsel is contacted immediately if any such notices are received.

Visa Bulletin for March 2011

2011-02-14T10:16:00.001-08:00

VISA BULLETIN MARCH 2011

Family	All Chargeability Areas Except Those Listed	CHINA-mainland born	DOMINICAN REPUBLIC	INDIA	MEXICO	PHILIPPINES
1st	01JAN05	01JAN05	01JAN05	01JAN05	01FEB93	15DEC94
2A	01JAN07	01JAN07	01JAN07	01JAN07	01JAN06	01JAN07
2B	15APR03	15APR03	01JAN01	15APR03	15JUL92	01AUG99
3rd	01JAN01	01JAN01	01JAN01	01JAN01	01NOV92	08DEC91
4th	01JAN00	01JAN00	01JAN00	01JAN00	22JAN96	15JAN88

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	08JUL06	C	08MAY06	C	C
3rd	01JUL05	22JAN04	01JUL05	15MAR02	08JAN04	01JUL05
Other Workers	15JUN03	22APR03	15JUN03	15MAR02	01MAY03	15JUN03
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

Immigration Raids

2011-01-27T10:46:00.001-08:00

See below regarding the recent immigration raids in Ellensburg, Washington. Hopefully, the recent statement by Pres. Obama during the State of the Union speech will result in some action in Congress on the issue of immigration reform.

Dan

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DSHS Issues Notice To Some Immigrant Families

The WA Department of Social and Health Services (DSHS) is issuing a notification to some families with children who have health coverage under the Apple Health for Kids program.

Community members may have questions about this notification, which asks people to send in immigration documentation to DSHS. Please click here for more information about this notice.

Want to Learn More?

Immigration raid shakes up Ellensburg - The Seattle Times

Immigration Raid Has Ripple Effect on Ellensburg Economy - Seattle Weekly

Deportations Higher Under Obama Than Bush - NPR

Surprising graphs track the increase in deportations and enforcement spending increasing under the Obama Administration - America's Voice

Join Our List

Dear Dan Larsson,

Last week's immigration raids in Ellensburg, WA were shocking to the community. Our thoughts are with each family impacted and we remain committed to serving the individuals and families affected by these raids with their immigration legal needs.

But do you know what is more shocking?

The Ellensburg raid happens every day.

Immigration agencies are detaining 100-150 individuals EVERY week in our region. It just generally happens quietly, individually and only infrequently in one action like this.

What Happens Next?

Most of the individuals detained during the raid have been or will be transferred to Tacoma's Northwest Detention Center, where they will be held pending deportation hearings. Like the over 1,200 other people held in the jail-like facility, these individuals do not have the right to an appointed attorney for their deportation cases if they cannot afford private representation; immigration matters are civil not criminal. In order to address the need for legal assistance, NWIRP conducts "know-your-rights" presentations inside the detention center and provides individual orientation to those who need more information (and don't already have access to an attorney).

For individuals who have an avenue to fight their deportation but can't afford a private attorney, NWIRP will make efforts to place their case with a pro bono attorney or consider the case for placement with a NWIRP attorney as capacity permits.

People who were detained and then released may be served by NWIRP's Granger office (which serves Central and Eastern Washington), so they should contact Granger's Intake line at 509.854.2100 or 888.756.3641.

How You Can Help
You can help NWIRP meet the need for the families affected by the Ellensburg Raid, in two ways:

Volunteer for a Pro Bono Case
Are you an attorney? NWIRP heavily relies on legal professionals in the community to augment our resources and increase our ability to provide direct representation to clients. We have a large and diverse pro bono panel but even with the help of this committed group of professionals, can take only the cases of a portion of the clients who contact us for help. If you or someone you know is in the legal profession and might be able to assist in taking a pro-bono case, please contact Jordan Wasserman.

Advocate for a Better System
Let President Obama know that he should be focusing on reforming our immigration system instead of increasing both enforcement spending and deportations as he has since taking office (check out 2 graphs illustrating these increases here) and remind your representatives that you disagree with anti-immigrant legislation and support comprehensive immigration reform.

Thank you so much for your efforts!

Sincerely,

Jorge L. Barón

Executive Director

Visa Bulletin for February 2011

2011-01-12T15:21:00.001-08:00

See below for next month's Visa Bulletin.

Family	All Chargeability Areas Except Those Listed	CHINA-mainland born	DOMINICAN REPUBLIC	INDIA	MEXICO	PHILIPPINES
1st	01JAN05	01JAN05	01JAN05	01JAN05	22JAN93	01AUG94
2A	01JAN08	01JAN08	01JAN08	01JAN08	01APR05	01JAN08
2B	15APR03	15APR03	01JAN97	15APR03	01JUL92	01JUN99
3rd	01JAN01	01JAN01	01JAN01	01JAN01	22NOV92	22OCT91
4th	01JAN00	01JAN00	01JAN00	01JAN00	01JAN96	15JAN88

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	01JUL06	C	08MAY06	C	C
3rd	01APR05	01JAN04	01APR05	22FEB02	08JUL03	01APR05
Other Workers	01MAY03	22APR03	01MAY03	22FEB02	01MAY03	01MAY03
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

December 24, 2010 H-1B Cap Count

2011-01-04T09:28:00.001-08:00

December 24, 2010 H-1B Cap Count

As of December 24, 2010, approximately 55,800 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 20,000 H-1B petitions for aliens with advanced degrees.

DOL Statement re DREAM Act

2010-12-21T12:05:00.001-08:00

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……………

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

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

2010-12-17T15:37:00.001-08:00

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

2010-12-16T15:42:00.001-08:00

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

2010-12-16T15:26:00.001-08:00

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

2010-12-15T11:27:00.001-08:00

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

2010-12-09T11:45:00.001-08:00

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

2010-12-01T11:43:00.001-08:00

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

2010-11-18T09:59:00.001-08:00

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

Dan

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

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."

###

H-1Bs And Arrests

2010-11-09T08:29:00.001-08:00

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

2010-10-15T13:19:00.001-07:00

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

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

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

2010-10-11T10:38:00.001-07:00

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

October 1, 2010 H-1B Cap Count

2010-10-05T09:15:00.001-07:00

As of October 1, 2010, approximately 40,600 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 14,900 H-1B petitions for aliens with advanced degrees. At this rate, it is likely that the 65,000/20,000 caps will be reached before new visas will become available again on April 1, 2011……

New CIR Bill Introduced

2010-09-30T11:14:00.001-07:00

On 9/29/10, Senator Menendez (D-NJ) and Senator Leahy (D-VT) introduced the Comprehensive Immigration Reform Act of 2010 (S. 3932). A summary of the bill is listed below:

THE COMPREHENSIVE IMMIGRATION REFORM ACT OF 2010 Introduced by Senator Robert Menendez (D‐NJ) and Senator Patrick Leahy (D‐VT)

Title I – Border Enforcement

 Establishes border enforcement "triggers" that must be met before any unauthorized immigrants can apply for permanent residency.

 Requires DHS to review assets and staffing needed for border security and enforcement.

 Funds port of entry improvements and tools and technology, in line with this review.

 Expands Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) staffing, in line with this review.

 Improves training and accountability for DHS border and immigration officers.

 Enhances cooperation with Canada and Mexico, as well as local law enforcement agencies, to improve border security and coordinate crime fighting.

 Clarifies that the power to regulate immigration resides with the federal government, not states and localities, and that state and local police do not have the "inherent authority" to enforce federal immigration laws (outside of 287(g) agreements).

 Involves border communities in enforcement policy through creation of a U.S.‐Mexico Border Enforcement Commission and a Border Communities Liaison Office.

Title II – Interior Enforcement

 Requires DHS to track the departure of noncitizens to ensure that individuals do not overstay their visas.

 Denies "visa waiver" privileges to countries whose citizens attempt to overstay visas.

 Refines existing law on illegal entry, illegal reentry and voluntary departure of noncitizens to ensure enforcement of those provisions and heighten penalties for those who commit serious offenses.

 Funds and expands the State Criminal Alien Assistance Program to cover additional criminal justice costs borne by state and local governments.

 Enhances efforts to ensure that DHS does not mistakenly deport U.S. citizens and residents.

 Expands penalties for passport, visa, and immigration fraud; unlawful flight from immigration or customs controls; and gang activity.

 Expands other civil penalties and grounds of inadmissibility for certain criminals.

 Provides common‐sense rules governing the detention of families, elderly or ill immigrants, crime victims, and other "vulnerable populations" like torture survivors, as well as enforcement actions that involve children.

 Improves detention conditions to meet basic standards; expands secure alternatives to detention.

 Ends the waiting period for refugees and asylees to obtain green cards.

Title III – Worksite Enforcement

 Mandates the use of an employment verification system for all employers within five years.

 Creates a new fraud‐resistant, tamper‐resistant Social Security card; requires workers to use fraud‐ and tamper‐resistant documents to prove authorization to work in the United States.

 Requires the Social Security Administration to create a reliable and secure way of verifying Social Security numbers and work authorization.

 Adds criminal penalties for fraud and misuse of Social Security numbers.

 Provides protections for workers to prevent fraudulent use of social security numbers, correct government database errors, and combat employment discrimination.

 Creates a voluntary pilot program using biometric identifiers to demonstrate work authorization.

Title IV – Reforming America's Legal Immigration System

 Creates a Standing Commission on Immigration, Labor Markets, and the National interest to evaluate labor market and economic conditions and recommend quotas for employment-based visa programs that Congress and the President would act on. The Commission will be made up of the Secretaries of DHS, State, Labor, Health and Human Services, and Agriculture, as well as the Attorney General, Social Security Commissioner, and seven nongovernmental members appointed by the President.

 Creates the structure for a new nonimmigrant visa program (H‐2C) to address gaps in existing worker programs that have lead to undocumented migration. The number of H‐2C workers admitted to the program is completely dependent upon the Commission's recommendations regarding the impact on the labor market and economy. Workers must have a job offer and meet various application requirements. Once in the U.S., H‐2C visa holders are able to change jobs, provided their new employer is authorized to hire H‐2C workers.

o The H‐2C program has various features to protect U.S. workers, such as: bars to use of the program in high‐unemployment areas; requirements for employers to recruit and hire American workers first; employer‐paid program fees; employer banishment from the program for improper use or misrepresentation; etc.

o H‐2C workers are eligible to apply for green cards after having worked in the U.S. for four years, or immediately if they are sponsored by their employer.

 Significantly expands labor protections in current H‐2A, H‐2B, H‐1B, and L‐1 visa programs.

 Ensures that the number of family and employment green cards authorized by Congress do not expire because of processing delays; expands the share of visas that each country can access within existing quotas that limit overall immigration.

 Exempts certain immigrants from counting against the annual green card quotas so that they can immediately reunite with loved ones in the U.S., including spouses and minor children of green card holders.

 Revises unlawful presence bars to immigration so that individuals with family ties are not permanently banished from the U.S.

 Incorporates the AgJOBS bill, which provides a path to permanent residency for farm workers and revises agricultural employer sponsorship requirements.

 Incorporates the Uniting American Families Act, which allows permanent partners to access the family‐based immigration system.

Title V – Legalization of Undocumented Individuals

 Creates Lawful Prospective Immigrant (LPI) status for non‐criminal undocumented immigrants living in the U.S. since 9/30/10. Requires applicants to submit biometric and biographical data, undergo security and law enforcement checks, and pay a $500 fine plus application fees. LPI status lasts four years and can be extended. It includes work authorization and permission to travel abroad; immediate family members are also eligible for status under the program.

o Immigrants may apply for LPI status even if they are in deportation proceedings at the time of application or have an outstanding removal order.

o In order to transition from LPI status to Legal Permanent Residency (i.e. a "green card"), applicants are required to wait at least six years; pay taxes and a $1000 fine; learn English and U.S. civics; and undergo additional background checks. They will not obtain green cards before those who were waiting "in line" to immigrate as of date of enactment.

o The LPI program includes a level of administrative and judicial review, confidentiality protections for applicants and their employers, and fraud prevention measures.

 Incorporates the DREAM Act, which creates a path to legal status for individuals who were brought to the U.S. illegally as children, provided they meet age and other criteria and enroll in college or the U.S. military.

Title VI ‐ Immigrant Integration and Other Reforms

 Enhances programs and policies to help immigrants learn English and U.S. civics, such as: tax credits for teachers of English language learners and businesses who provide such training for their employees; a revamped DHS Office of Citizenship and New Americans to assist with immigrant integration; and grants for states who work to successfully integrate newcomers.

 Provides humanitarian immigration visas for Haitian children orphaned by the 2010 earthquake; Liberian nationals who fled civil strife and received Temporary Protected Status in the U.S.; and the immediate relatives of September 11th terrorism victims.

 Establishes a Commission on Wartime Treatment of European Americans and a Commission on Wartime Treatment of Jewish Refugees to review the country's immigration and foreign policies during World War II.

 Improves access to interpreters in state courts.

 Evaluates the factors that drive undocumented migration from key sending countries and requires the State Department to develop a strategy to reduce migration pressures.

Update on DREAM Act

2010-09-20T11:53:00.001-07:00

It is time for the DREAM Act to pass…………..

For Immediate Release

The DREAM Act:
Creating Economic Opportunities

September 20, 2010

Washington, D.C. - As the bipartisan call for passing the DREAM Act gets louder - from military, education, faith, and Republican leaders alike - some may overlook the economic benefits of granting legal status to eligible undocumented youth who want to attend college or join the military. There are currently 2.1 million undocumented youths living in the U.S. who, without the DREAM Act, are unlikely to go to college and cannot work legally in the U.S. The DREAM Act, however, would provide an opportunity for them to live up to their full potential as future doctors, nurses, teachers, and entrepreneurs and make greater contributions to the U.S. economy and society.

The DREAM Act would give beneficiaries the opportunity to increase their standard of living - and their tax contributions: If legalized, DREAM Act beneficiaries would have access to greater educational opportunities and better jobs, which in turn means more taxable income. According to a study from Arizona State University, an individual with a bachelor's degree earns approximately $750,000 more over the course of his/her lifetime than an individual with only a high-school diploma.
The DREAM Act would save taxpayers money: A RAND study from 1999 shows that raising the college graduation rate of Hispanics to that of non-Hispanic whites would increase spending on public education by 10 percent nationwide, but the costs would be more than offset by savings in public health and benefits, as well as by increased tax revenues resulting from higher incomes.
The DREAM Act keeps talented students in the United States: Letting the talent of DREAM Act students go to waste "imposes economic and emotional costs on undocumented students and on U.S. society as a whole." The DREAM Act would stop brain drain by allowing our most talented students to remain in the country.

While some in Congress continue to play politics with the DREAM Act, America and its taxpayers continue to lose. Without the DREAM Act, the United States is missing out on talented workers and entrepreneurs, and is losing vital tax revenues and other economic contributions.

To read IPC's Fact Check, see:

The DREAM Act: Creating Economic Opportunities (IPC Fact Check, September 16, 2010)

For more information on the DREAM Act see:

The DREAM Act in Arizona: An Economic Perspective (Arizona State University, September 17, 2010)
Essential to the Fight: Immigrants in the Military (IPC Special Report, November, 2009)
IPC DREAM Act Resource Page

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For more information contact Seth Hoy at shoy@immcouncil.org or 202-507-7509.

DREAM Act Coming to the Senate Floor

2010-09-15T14:11:00.001-07:00

The DREAM Act, if passed, would be a great first step towards reform………It is the right thing to do.

Dan

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

For Immediate Release

DREAM Act Coming to the Senate Floor

Senator Reid to Attach Act to Defense Authorization Bill

September 15, 2010

Washington, D.C. - Yesterday, Senate Majority Leader Harry Reid announced that he would attach the Development, Relief, and Education for Alien Minors (DREAM) Act to the Department of Defense authorization bill expected to come before the Senate as early as next week. The vote will be an important test of whether Congress can transcend partisan politics and work together on crafting solutions to the broken immigration system that both Democrats and Republicans acknowledge is in desperate need of reform. That the proposal will be considered as an amendment to the Defense Authorization bill is appropriate, given the Department of Defense's support for DREAM Act as a way to improve military readiness.

First introduced in 2001, the DREAM Act would address the plight of young immigrants who have been raised in the U.S. and managed to succeed despite the challenges of being brought to the U.S. without proper documentation. The proposal would offer a path to legal status to those who have graduated from high-school, have stayed out of trouble and plan to attend college or serve in the U.S. military for at least two years.

Each year, approximately 65,000 undocumented students graduate from high school, many at the top of their classes, but cannot go to college, join the military, work, or otherwise pursue their dreams. They belong to the 1.5 generation - any (first generation) immigrants brought to the United States at a young age who were largely raised in this country and therefore share much in common with second generation Americans. These students are culturally American, growing up here and often having little attachment to their country of birth. They tend to be bicultural and fluent in English.

Research has shown that providing a legal status for young people who have a proven record of success in the United States would be a boon to the economy and the U.S. workforce. University presidents and educational associations, as well as military recruiters, business and religious leaders have added their voice to those calling for passage of the bill. Foreign-born students represent a significant and growing percentage of the current student population. Unfortunately, immigration status and the associated barriers to higher education contribute to a higher-than-average high dropout rate, which costs taxpayers and the economy billions of dollars each year.

The DREAM Act would eliminate these barriers for many students, and the DREAM Act's high school graduation requirement would provide a powerful incentive for students who might otherwise drop out to stay in school and graduate. This will help boost the number of high skilled American-raised workers. As they take their place in the workplace as hard working, taxpaying Americans, they will contribute a lifetime of revenues at the local, state and federal level.

Deputy Undersecretary of Defense for Military Personnel Policy, Bill Carr, supports the DREAM Act and stated that the law would be "good for readiness" and would help to recruit "cream of the crop" students. The DREAM Act is part of the Department of Defense's 2010-2012 Strategic Plan to assist the military in it's recruiting efforts.

For more information on the DREAM Act see:

The DREAM Act: Creating Opportunities for Immigrant Students and Supporting the U.S. Economy (IPC Fact Check, July 2010)
Essential to the Fight: Immigrants in the Military (IPC Special Report, November, 2009)
IPC DREAM Act Resource Page

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For more information contact Wendy Sefsaf at wsefsaf@immcouncil.org or 202-507-7524.