ICE Announces New I-9 Audits Nationwide

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

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

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

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

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

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

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News Release

 

OPA News Release: [12/20/2010]

Contact Name: Lina Garcia

Phone Number: (202) 693-4661

Release Number: 10-1771-NAT

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

 

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

 

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

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

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

brightest a fighting chance at a better future.

 

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

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

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

DREAM Act Vote on December 18, 2010

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