Immigration Developments June 2011

NEWS ITEM ONE: NOTICE TO EMPLOYERS—USCIS Continues to Accept FY 2012 H-1B Petitions

NEWS ITEM TWO: USCIS Publishes Final I-9 Rule

NEWS ITEM THREE: Obama’s Speech on Immigration From El Paso, Texas

COMMENTARY

1. NEWS ITEM ONE: NOTICE TO EMPLOYERS—USCIS Continues to Accept FY 2012 H-1B Petitions

As of May 13, 2011, USCIS had receipted 11,200 petitions towards the H-1B Regular Cap and 7,900 petitions towards the H-1B Master’s Exemption.

The H-1B nonimmigrant visa category allows U.S. employers to temporarily employ foreign workers in specialty occupations. Unless determined to be exempt, H-1B petitions are subject to either the 65,000 annual cap or the 20,000 annual cap exemption. By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master’s degrees or higher are exempt from this cap.

2. NEWS ITEM TWO: USCIS Publishes Final I-9 Rule

On April 15, 2011, U.S. Citizenship and Immigration Services (USCIS) published a final rule entitled “Documents Acceptable for Employment Eligibility Verification.”

Click to access i-9.pdf

Immigration and Customs Enforcement (ICE) has definitely increased its I-9 audit efforts in recent times. The rule is an important reminder of an employer’s worksite compliance responsibilities. Office or Human Resources Managers can find the list of acceptable documents on the last page of the form.

3. NEWS ITEM THREE: Obama’s Speech on Immigration From El Paso, Texas

You can click here for the full text of the speech:

http://www.nationaljournal.com/whitehouse/text-obama-s-speech-on-immigration-from-el-paso-texas-20110510?page=1

The buzz words Obama has used in all of his recent clippings on immigration is that we need ‘to fix or reform our broken immigration system. ‘ But, has anything really happened on this front? Unfortunately, we have not had very much news. Comprehensive immigration did not pass, and does not look like it will happen either. The Dream Act did not pass, either attached to or as a stand-alone bill. Well, what has the Administration done to fix our broken system? I can only highlight a couple of minor items recently. Here they are:

1. U.S. Secretary of State Hillary Rodham Clinton announces that Iranian students and exchange visitors are now eligible for two-year, multiple entry visas.

http://www.state.gov/secretary/rm/2011/05/164001.htm

2. ICE announces expanded list of science, technology, engineering, and math degree programs qualifies eligible graduates to extend their post-graduate training

http://www.ice.gov/news/releases/1105/110512washingtondc2.htm

 

May 2011 Immigration Developments

GREETINGS

NEWS ITEM ONE: NOTICE TO EMPLOYERS—USCIS Continues to Accept FY 2012 H-1B Petitions

NEWS ITEM TWO: Pushing Obama to keep promises

NEWS ITEM THREE: Immigration Clock Runs Down on Republicans

COMMENTARY

1. NEWS ITEM ONE: NOTICE TO EMPLOYERS—USCIS Continues to Accept FY 2012 H-1B Petitions

As of April 15, 2011, USCIS had receipted 7,100 petitions towards the H-1B Regular Cap and 5,100 petitions towards the H-1B Master’s Exemption.

The H-1B nonimmigrant visa category allows U.S. employers to temporarily employ foreign workers in specialty occupations. Unless determined to be exempt, H-1B petitions are subject to either the 65,000 annual cap or the 20,000 annual cap exemption. By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master’s degrees or higher are exempt from this cap.

2. NEWS ITEM TWO: Pushing Obama to keep promises

Reflecting growing liberal frustration with President Barack Obama’s lack of progress on immigration reform, U.S. Rep. Luis Gutierrez, D-Ill. is barnstorming through the Bay Area this week to demand the administration slow down its record-high number of deportations. “He’s our champion,” said U.S. Rep. Luis Gutierrez, D-Ill., who lands in the Bay Area on Tuesday. “He’s the one we want to support. But there’s a community of people he made a promise and commitment to, and we want him to keep it.” Obama continues to get high popularity ratings from Latinos and most immigrant groups, but Gutierrez is among a growing chorus of immigrant advocates who have expressed waning enthusiasm as the president launches his re-election campaign.
http://www.mercurynews.com/bay-area-news/ci_17916025?nclick_check=1

President Obama, who has repeatedly referred to the immigration system as ‘broken’ was visiting California last week. While here, he made quite a few promising statements about immigration. Here are just a few of the headlines from his recent statements:
1. Obama wants immigration reform a fact before presidency ends
http://latino.foxnews.com/latino/news/2011/04/21/obama-wants-immigration-reform-fact-presidency-ends/
2. Obama at Facebook. Townhall transcript – Lynn Sweet

Rep. Gutierrez is correct in his goal of maintaining pressure on President Obama. Does Mr. Obama really want change, or are his recent pro-reform statements merely campaign rhetoric? Despite the President’s statements, immigration has clearly been a low priority for this administration. The economy, the war on terror, health care, and reforming the financial industry have clearly been more important. How committed is President Obama to immigration reform? His statements are encouraging, but, to date, his actions have been lacking

3. NEWS ITEM THREE: Immigration Clock Runs Down on Republicans

The clock is ticking down to Drop-Dead Tuesday, and a much-debated immigration bill still isn’t on the agenda at the Senate Budget Committee. If Senate Bill 2040 doesn’t clear the panel by the end of business Tuesday, the measure is all but eliminated from consideration this session. Conservatives say the political repercussions could blow back on Senate President Mike Haridopolos’ campaign for U.S. Senate. The demise of SB 2040 would leave House Bill 7089 as the only remaining hope for immigration reform.
http://www.sunshinestatenews.com/story/immigration-clock-runs-down-republicans

Here is a basic summary of HB 7089:
Enforcement of Immigration Laws: Prohibits state or political subdivisions from limiting or restricting enforcement of federal immigration laws; provides that state or its political subdivisions may not be prohibited from maintaining or exchanging information regarding immigration status; authorizes law enforcement officer to determine immigration status; requires implementation consistent with federal law; prohibits using race, color, or national origin in enforcement; requires every employer to use federal E-Verify system; prohibits knowingly employing unauthorized alien; authorizes complaints to licensing agency that employer has employed unauthorized alien; provides for enforcement & penalties; provides that certain employers are not liable for hiring, refusing to hire, or terminating employee under certain conditions; prohibits public employers from contracting for services with contractors not using E-Verify system; provides additional instance for warrantless arrests; provides additional criteria for consideration when determining whether to release defendant on bail or other conditions; provides for enhanced maximum criminal penalties when offense committed by unlawfully present alien; provides findings of public necessity.
http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=46685&SessionId=66

If Republicans want to court the Latino vote, they will have to do much better than HB 7089. This is a tougher measure and is focused exclusively on enforcement. That will simply not go well with Latino voters. The Republicans seem to have the ability to make immigration reform a reality at this point. To get voters on their side, they will have to offer something on the benefits side. It will be interesting to see what happens with the issue of immigration reform.

 

Immigration Developments April 2011

NEWS ITEM ONE: NOTICE TO EMPLOYERS—April 1, 2011 is the first date to apply for FY 2012 H-1B Visas

NEWS ITEM TWO: USCIS Publishes Proposed Rule on H-1B Electronic Registration

NEWS ITEM THREE: Barack Obama still hopeful on immigration

COMMENTARY

1. NEWS ITEM ONE: NOTICE TO EMPLOYERS—April 1, 2011 is the first date to apply for FY 2011 H-1B Visas

The H-1B nonimmigrant visa category allows U.S. employers to temporarily employ foreign workers in specialty occupations. Unless determined to be exempt, H-1B petitions are subject to either the 65,000 annual cap or the 20,000 annual cap exemption. By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master’s degrees or higher are exempt from this cap.

2. NEWS ITEM TWO: USCIS Publishes Proposed Rule on H-1B Electronic Registration

The Federal Register: March 3, 2011 (Volume 76, Number 42) has announced a proposed rule. Under the proposed rule, employers seeking to petition for H-1B workers subject to the statutory cap would register electronically with USCIS. 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.

Two Week Filing Window

The proposal, often referred to as an “H-1B pre-registration lottery,” would require employers to register online during a filing window of at least two weeks. The registration would begin no later than March of every year. Petitioners would submit identifying information about the petitioner and beneficiary through the USCIS Web site.

Multiple Applications Not Allowed

Employers would file a separate registration for each requested beneficiary and each beneficiary would need to be named. If USCIS received more than one application from an employer for a beneficiary, only the first would be registered and the others would be rejected. USCIS would, however, accept more than one registration for a foreign national if sponsored by different employers.

Winners and Losers

Employers would receive electronic notification of registration. USCIS may also create a waiting list of some or all of those not selected. Ultimately, employers should be notified about all applications–whether registered, waitlisted, or not selected. Employers would be required to submit their cap petitions within a specific time frame after registration. The proposed rule suggests 60 days, but the actual time period will be specified in the final version of the rule.

We will see how many of the proposed changes survive through the comment period.

3. NEWS ITEM THREE: Barack Obama still hopeful on immigration

President Barack Obama on Monday told an audience of predominantly Latinos that he’s hopeful an immigration overhaul bill will be able to pass Congress soon, even though he was unable to shepherd legislation for the DREAM Act to his desk before the first half of his first term, when Democrats controlled both houses.

Read more: http://www.politico.com/news/stories/0311/52083.html#ixzz1I2Ssdkk1

That is an interesting statement. The DREAM Act was considered a bit of a ‘crown jewel’ of immigration reform. If the Democrats cannot pass the DREAM Act with control over both houses how can we hope for an immigration overhaul? We will see what efforts the Administration makes in the near future.

 

Immigration Developments – March 2011

NEWS ITEM ONE: NOTICE TO EMPLOYERS—April 1, 2011 is the first date to apply for FY 2012 H-1B Visas

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

NEWS ITEM THREE: America’s visa restrictions lead to reverse brain drain

COMMENTARY

1. NEWS ITEM ONE: NOTICE TO EMPLOYERS—April 1, 2011 is the first date to apply for FY 2011 H-1B Visas

2. NEWS ITEM TWO: USCIS Announces Proposed H-1B Electronic Registration System to Reduce Costs for U.S. Businesses

The Federal Register: March 3, 2011 (Volume 76, Number 42) has announced a proposed rule. Under the proposed rule, employers seeking to petition for H-1B workers subject to the statutory cap would register electronically with USCIS. 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.

USCIS Director Alejandro Mayorkas 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.”
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ee87bbd04337e210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

We will see how many of the proposed changes survive through the comment period. To me, this seems like another road block put up by the administration against H-1B visa holders. See News Item 3.

3. NEWS ITEM THREE: America’s visa restrictions lead to reverse brain drain

Tom Brokaw submitted an excellent article on this topic March 3 on NBC. For the full report, please access:
http://www.msnbc.msn.com/id/41894670/from/RSS/

The creator of SnapDeal is an Indian entrepreneur. SnapDeal has created 300 jobs in India — and counting. The founder of this company is Kunar Bahl. “I put my chips in the American basket and said let me try my hand here,” said Bahl, who earned an engineering degree from the University of Pennsylvania and a business degree from its Wharton School. But Bahl’s visa ran out, and he took his skills back to India.

Why are we losing individuals such as Mr. Bahl? He could have created those jobs in the United States. But, the H-1B is a a strange visa. The visa has a bizarre cap system—65,000 total visas with and an advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher.

Why do we have this H-1B cap system? If the economy is shrinking we do not need a visa cap. Companies are shrinking not hiring, rendering the visa cap irrelevant. If the economy is booming, the H-1B visa cap system is actually hurting the economy in aggregate. If the economy is growing why would we turn away skilled professionals such as Mr. Bahl? Such an individual, if allowed to stay, would have created job opportunities domestically. This would have allowed the continued growth of the domestic economy. Instead, the H-1B cap system is creating reverse brain drain, as documented in Mr. Brokaw’s NBC article.

Congress should do away with the H-1B cap system. If Congress insists on keeping the cap, perhaps it should consider a dynamic cap number, rather than a static one. What I mean by a dynamic limit is that if the economy grows by a particular amount, Congress should raise the 65,000 amount based on that growth figure. We will see what, if anything, Congress decides to do.

 

U.S. Immigration Developments–February 2011

NEWS ITEM ONE: NOTICE TO EMPLOYERS– USCIS Reaches FY 2011 H-1B Cap

NEWS ITEM TWO: IN IMMIGRATION REFORM, ARGUING AGAINST WORKPLACE RAIDS

NEWS ITEM THREE: NEW POTENTIAL IMMIGRATION BILL

COMMENTARY

1. NEWS ITEM ONE: NOTICE TO EMPLOYERS

USCIS as of January 27, 2011 announced that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011. USCIS has notified the public that Jan. 26, 2011, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011.
http://www.uscis.gov/portal/site/uscis

**Employers should note that the first date to file an FY 2012 petition would be April 1, 2011. An employee granted an H-1B visa for FY 2012 can begin working under his or her H-1B visa for the employer on October 1, 2011. Please contact this office for any information on FY 2012 filings.

2. NEWS ITEM TWO: IN IMMIGRATION REFORM, ARGUING AGAINST WORKPLACE RAIDS

As Los Angeles Times staff writer Brian Bennett reported, the Obama administration has quadrupled the number of employer audits and fined businesses $6.9 million in fiscal 2010, compared with $675,000 in 2008. Deportations are also up, from 369,221 in 2008 to 392,862 in fiscal 2010. More than 195,000 criminals were deported in 2010, a 70% increase over 2008. These numbers suggest that the administration is not under-enforcing immigration laws, as Republicans claim, but has set reasonable priorities and is pursuing them.
http://opinion.latimes.com/opinionla/2011/01/in-immigration-reform-arguing-against-workplace-raids.html

Some congressional Republicans would like to resume workplace raids as way to find, detain and deport illegal immigrants. I believe that the Obama Administration will continue to go after the employer rather than the illegal employee in the months to come. Workplace raids are costly and have very debatable results. Resuming these raids could also alienate Obama’s support in the Hispanic community. Increasing the number of employer audits, however, is more cost effective. The Administration can reach many more businesses through these audits.

Employers may wish to take notice of this trend. If you have not developed a proper worksite enforcement and corporate compliance program, you should consider contacting an immigration attorney. Given the increases in DHS worksite enforcement efforts, employers should seriously assess their I-9 records and corporate compliance policies.

3. NEWS ITEM THREE: NEW POTENTIAL IMMIGRATION BILL

The purpose of this bill, introduced January 5, 2011, would be to amend the Immigration and Nationality Act to eliminate the diversity immigrant program and to re-allocate those visas to certain employment-based immigrants who obtain an advanced degree in the United States.
See: http://thomas.loc.gov/cgi-bin/query/z?c112:H.R.43:

It is an interesting proposal. Intending Chinese and Indian immigrants with advanced degrees would certainly benefit from this bill. However, the purpose of the diversity immigrant program is to encourage diversity. Without this program, many people from the far-corners of the world would have no chance to live in the United States.

 

U.S. IMMIGRATION UPDATE JANUARY 2011

NEWS ITEM ONE: NOTICE TO EMPLOYERS– USCIS Continues to Accept FY 2011 H-1B Petitions.

NEWS ITEM TWO: DREAM ACT UPDATE

NEWS ITEM THREE: E-VERIFY NEWSLETTER LAUNCHES

1. NEWS ITEM ONE: NOTICE TO EMPLOYERS

USCIS Continues to Accept FY 2011 H-1B Petitions. As of December 17, 2010, approximately 53,900 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 19,700 H-1B petitions for aliens with advanced U.S. degrees.

H-1B petitions are generally (exceptions apply to institutions of higher education or nonprofit organizations) subject to the 65,000 H-1B numerical limitation (the “cap”). Some petitions are exempt from the cap under the advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher. Please note that up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements.

2. NEWS ITEM TWO: DREAM ACT UPDATE

After failing to win comprehensive immigration reform during a period when Democrats controlled both the White House and Congress, immigration proponents had been hoping to snag an 11th-hour consolation prize: the DREAM Act.

Proponents had not pushed for separate consideration of the DREAM Act in recent years because they feared they would lose their most compelling and attractive argument for comprehensive immigration reform, which would benefit the rest of the estimated 11 million people who are in the country illegally and who are likely to be viewed less sympathetically.

‘President Barack Obama thought the DREAM Act would be the “easy” part of his comprehensive immigration reform package because it dealt with students and soldiers, whom some find it difficult to dislike without first meeting them. Obama even bargained for Republican votes by sweetening the deal: He got tough on deportations, raising them to a record 390,000 per year, to show that he was no immigration patsy’

http://www.politico.com/news/stories/1210/46633.html

The DREAM Act was defeated in the Senate on December 18, 2010. To me, any form of immigration reform in the near future looks highly doubtful. The Democrats are no longer in the majority. President Obama has had ongoing problems with the War on Terror, the economy, Healthcare Reform, etc… I see immigration reform as a topic commanding low priority for our Senators, Representatives, and the White House right now.

3. NEWS ITEM THREE: E-VERIFY NEWSLETTER LAUNCHES

E-Verify is an Internet-based system run by the Department of Homeland Security that allows businesses to determine the eligibility of their employees to work in the United States.

USCIS has released the first issue of “E-Verify Connection,” an e-newsletter that brings updates and information regarding E-Verify. You can access the newsletter at the following link:

Click to access E-Verify-Connection.pdf

 

IMMIGRATION UPDATE–DECEMBER 2010

NEWS ITEM ONE: NOTICE TO EMPLOYERS– USCIS Continues to Accept FY 2011 H-1B Petitions.

NEWS ITEM TWO: DREAM ACT UPDATE

COMMENTARY

1. NEWS ITEM ONE: NOTICE TO EMPLOYERS

USCIS Continues to Accept FY 2011 H-1B Petitions. As of November 19, 2010, approximately 48,977 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 17,836 H-1B petitions for aliens with advanced degrees.

H-1B petitions are generally (exceptions apply to institutions of higher education or nonprofit organizations) subject to the 65,000 H-1B numerical limitation (the “cap”). Some petitions are exempt from the cap under the advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher. Please note that up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements.

2. NEWS ITEM TWO: DREAM ACT UPDATE

After failing to win comprehensive immigration reform during a period when Democrats controlled both the White House and Congress, immigration proponents are now hoping to use the lame-duck session to snag an 11th-hour consolation prize: the DREAM Act.

http://www.propublica.org/article/rocky-road-ahead-for-dream-act

The president met Tuesday with congressional Hispanic leaders, who said afterward that Obama had pledged to lobby Democratic lawmakers who are wavering and Republicans who have supported the legislation in the past.

“Passage of the DREAM Act is achievable right now,” Rep. Luis Gutierrez, D-Ill., said after the White House meeting. “It is the only piece of immigration reform legislation that can get broad support from Democrats and has attracted significant Republican support in the recent past.”
Proponents haven’t pushed for separate consideration of the DREAM Act in recent years because they feared they would lose their most compelling and attractive argument for comprehensive immigration reform, which would benefit the rest of the estimated 11 million people who are in the country illegally and who are likely to be viewed less sympathetically. The people the DREAM Act would benefit are seen as the poster boys and girls for reform

http://www.propublica.org/article/rocky-road-ahead-for-dream-act

I believe that the proponents of the DREAM Act must start pushing for separate consideration of this Act. In my opinion, we will not see comprehensive immigration reform in the near future. The DREAM Act represents one of the few possibilities for change in this political climate. President Obama has labeled the immigration system as ‘broken’. To repair this system, he could or should throw his full weight into supporting the DREAM Act. If you would like more information on how to support this proposed Act, you can go to the following web link:

http://dreamact.info/

 

IMMIGRATION UPDATE NOVEMBER 2010

GREETINGS

NEWS ITEM ONE: NOTICE TO EMPLOYERS– USCIS Continues to Accept FY 2011 H-1B Petitions.

NEWS ITEM TWO: ADJUSTED FEES FOR IMMIGRATION BENEFITS GO INTO EFFECT ON NOVEMBER 23

NEWS ITEM THREE: HERBERT WANTS WIDER IMMIGRATION REFORM

COMMENTARY

1. NEWS ITEM ONE: NOTICE TO EMPLOYERS

USCIS Continues to Accept FY 2011 H-1B Petitions. As of October 15, 2010, approximately 42,800 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 15,700 H-1B petitions for aliens with advanced degrees.

H-1B petitions are generally (exceptions apply to institutions of higher education or nonprofit organizations) subject to the 65,000 H-1B numerical limitation (the “cap”). Some petitions are exempt from the cap under the advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher. Please note that up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements.

2. NEWS ITEM TWO: ADJUSTED FEES FOR IMMIGRATION BENEFITS GO INTO EFFECT ON NOVEMBER 23

Please click this link to see the application fees that will increase after November 23, 2010:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5be73dc5cb93b210VgnVCM100000082ca60aRCRD&vgnextchannel=5b33aca797e63110VgnVCM1000004718190aRCRD

3. NEWS ITEM THREE: HERBERT WANTS WIDER IMMIGRATION REFORM

Utah Gov. Gary Herbert said Friday he wants to see more than an Arizona-style enforcement-only bill come across his desk. He wants legislation that addresses all facets of state-led immigration reform. “He encourages Rep. [Stephen] Sandstrom and others to move forward to work together,” Herbert spokeswoman Angie Welling said. “What he wants to see is one comprehensive bill or several bills that are complementary and cover all parts of the spectrum. He doesn’t want to see just one enforcement bill.” Sandstrom’s bill is modeled after Arizona’s law, which requires local authorities to enforce federal immigration laws.
Source: http://www.sltrib.com/sltrib/home/50524450-76/assembly-bill-enforcement-governor.html.csp

To me the message seems clear: many states are frustrated by the federal government’s inability to pass any form of immigration reform. The border-states, in particular, are not getting the resources they need to deal with this issue. States such as Arizona and now apparently Utah want to take the matter into their own hands. Ultimately they will not succeed, as the federal government exclusively regulates immigration. However, the efforts by the various states may stimulate Congress into taking concrete action.

It is interesting to note that even U.S. Citizenship and Immigration Services (“USCIS”) may not believe that Congress will or can accomplish immigration reform. Earlier this summer, someone leaked an internal USCIS memo to Alejandro Majorkas, the Director of USCIS. The subject of the memo is “Administrative Alternatives to Comprehensive Immigration Reform.” Here is a link to that memo:

Click to access memo-on-alternatives-to-comprehensive-immigration-reform.pdf

Increasingly, it looks like Congress will not have the momentum necessary to pass comprehensive immigration reform. If it cannot succeed with this, many hope that USCIS will follow the recommendations of the leaked July 2010 Mayorkas memorandum.

 

October 2010 Immigration Blog

NEWS ITEM ONE: NOTICE TO EMPLOYERS– USCIS Continues to Accept FY 2011 H-1B Petitions.

NEWS ITEM TWO: AFTER STALLED DEFENSE BILL VOTE, THE DREAM ACT RE-GAINS MOMENTUM

COMMENTARY

1. NEWS ITEM ONE: NOTICE TO EMPLOYERS

USCIS Continues to Accept FY 2011 H-1B Petitions. As of September 17, 2010, approximately 38,300 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 14,000 H-1B petitions for aliens with advanced degrees.

2. NEWS ITEM TWO: AFTER STALLED DEFENSE BILL VOTE, THE DREAM ACT REGAINS MOMENTUM

On Wednesday, the day after the defense authorization bill failed to clear a motion for cloture in the U.S. Senate and stalled efforts to attach the immigration bill and “Don’t Ask, Don’t Tell” repeal as amendments, Illinois Sen. Dick Durbin reintroduced the DREAM Act. The move clears the way for the bill, which would offer undocumented youth raised in the U.S. an opportunity to gain citizenship if they commit to two years in the military or college. In order to qualify for the DREAM Act, young people must have been brought to the U.S. before the age of 16, have lived in the country for at least five years, hold a high school diploma and have a clean criminal record.
Durbin’s latest move clears the way for the DREAM Act to be reintroduced as a stand-alone bill, bypassing the judiciary committee.
Source: http://colorlines.com/archives/2010/09/after_failed_defense_bill_vote_dream_act_finds_its_way_back.html
For further information on the Dream Act, see: http://dreamact.info/

What can you do if you would like to advocate for the Dream Act?

1. Make phone calls to your Senators. In California:
Senator Barbara Boxer
(202) 224-3553
Email/Web Form: boxer.senate.gov/en/contact/

Senator Dianne Feinstein
Phone: (202) 224-3841
Email/Web Form: http://feinstein.senate.gov/public/index.cfm?FuseAction=ContactUs.EmailMe

2. Another option to contact Congress is to go to Reform Immigration for America website http://reformimmigrationforamerica.org/.
You can donate $30 to sponsor calls.

3. You can also make phone calls to other Senate offices.

Dial: 1-888-254-5087 (if you get a message that the number has been “disconnected”, wait a while and it will be back – that has occurred during particularly high call times) and ask for the following people and leave a message with their office asking the Senator to vote YES for the DREAM Act.

Sen. Hatch of Utah
Sen. Bunning of Kentucky
Sen. Bennet of Utah
Sen. Gregg of New Hampshire
Sen. Bailey-Hutchison of Texas
Sen. McCain of Arizona
Sen. Voinovich of Ohio
Sen. Snowe of Maine
Sen. Collins of Maine
Sen. LeMeiux of Florida
Sen. Brownback of Kansas
Sen. Roberts of Kansas
Sen. Hagan of North Carolina
Sen. Pryor of Arkansas
Sen. Landrieu of Louisiana
Sen. Conrad of North Dakota
Sen. Dorgan of North Dakota
Sen. Nelson of Florida
Sen. Baucus of Montana
Sen. Tester of Montana
Sen. Feinstein of California

At this stage of the game, one of the main factors that Senators will consider are the numbers of contacts made in favor and in opposition to the DREAM Act.

4. Last, but not least, please encourage everyone you know to contact Congress and urge support for the DREAM Act.

 

Immigration Reform September 2010

NEWS ITEM ONE: NOTICE TO EMPLOYERS– USCIS Continues to Accept FY 2011 H-1B Petitions.

NEWS ITEM TWO: HISPANIC MEDIA TURNING ON OBAMA

COMMENTARY

1. NEWS ITEM ONE: NOTICE TO EMPLOYERS

USCIS Continues to Accept FY 2011 H-1B Petitions. As of August 20, 2010, approximately 33,900 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 12,600 H-1B petitions for aliens with advanced degrees.

2. NEWS ITEM TWO: HISPANIC MEDIA TURNING ON OBAMA

The long time romance between the US Spanish-language media and the Obama administration seems to be over. “Latinos overwhelmingly voted for Obama because he promised immigration reform within a year, but now the White House has lost control of the debate”, says Univision presenter Jorge Ramos, who is seen by many as the leading voice of a movement within the Spanish-language media that is turning its back on the president. Some observers credit the growing Hispanic media criticism with the recent decline in Mr. Obama’s approval ratings among Hispanics. [Source: http://www.bbc.co.uk/news/world-us-canada-11074950%5D

Commentary:

An immigration overhaul does not appear to be on the horizon right now. The White House and the Democrats simply do not have the momentum to carry this forward. It appears that President Obama is simply overwhelmed by the recession, the war on terrorism, health care reform, financial industry reform, etc…

The White House does have a web site that it devotes to immigration reform progress. Here is the link:
http://www.whitehouse.gov/issues/immigration/

I can spare you some time by not clicking this link. I have monitored this site just about every month. I see a few new blog posts. However, I have not seen any substantive change in months. The “Progress” section has not changed at all.

My prediction is that we will not have any progress on the immigration reform issue for at least the next three months. If the democrats are still in the majority after congressional elections in November, we could see some progress on this issue after the elections.

The Democrats, however, may need to begin the process now, especially if they would like to continue to hold the majority vote in Congress. Latino voters made a difference in yesterday’s Arizona and Florida primaries, advocates for comprehensive immigration told reporters today (http://blogs.cqpolitics.com/eyeon2010/2010/08/latinos-groups-push-immigratio.html). Latino voters are flexing their muscles. The message is clear: this important constituency wants progress on immigration reform now, not later. Why not begin now? Many people would like to see immigration reform.