AMERICA'S TOUGHEST IMMIGRATION LAW IS SIGNED IN ARIZONA (April 23, 2010)
But Is it constitutional? Apart from racial profiling, isn't immigration law an area left exclusively to the federal government? Aren't states and local governments preempted from playing a role? Not necessarily, according to one constitutional scholar: The Constitutional Dimension of Immigration Federalism.
The StartUp Visa Act of 2010, introduced by Senators John Kerry (D-Mass.) and Richard Lugar (R-Ind.)Kerry and Lugar, will allow an immigrant entrepreneur to receive a two year visa if he or she can show that a qualified U.S. investor is willing to dedicate a significant sum – a minimum of $250,000 – to the immigrant’s startup venture.(February 24, 2010)
UP AGAINST THE CLOCK: Fixing the Broken Employment Authorization Asylum Clock (February 12, 2010)
Did Obama Kill Immigration Reform in the State of the Union? (January 28, 2010)
Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Worker (January 20, 2010)
652 BUSINESSES NATIONWIDE BEING SERVED WITH AUDIT NOTICES TODAY. (July 1, 2009)
THE FACTS ABOUT THE INDIVIDUAL TAX IDENTIFICATION NUMBER (ITIN): An ITIN is NOT an Immigration Benefit (June 30, 2009)
LAWSUIT DEMANDS RELEASE OF MAN SEEKING ASYLUM FROM ERITREA. (June 29, 2009)
NEBRASKA SUPREME COURT HOLDS THAT STATE ACTED IMPROPERLY IN TERMINATING GUATEMALAN WOMAN'S RIGHTS TO HER TWO AMERICAN BORN CHILDREN. (June 28, 2009)
I-140 PROCESSING PROCEDURES: Questions and Answers from USCIS (June 25, 2009)
MEMO TO THE PRESIDENT: MOVE IMMIGRATION REFORM THIS YEAR.(June 24, 2009)
U.S. IMMIGRATION RULES BLAMED FOR TECH BRAIN DRAIN. Experts say this will hurt U.S. high-tech industry competitiveness in the long run. (June 23, 2009)
USCIS ANNOUNCES THAT I-140 PREMIUM PROCESSING WILL RESUME. (June 22, 2009)
U.S. Citizen Obtains His "Alien" File After His Illegal Deportation.(June 22, 2009)
USCIS, FBI Eliminate National Name Check Backlog.(June 22, 2009)
SUPREME COURT FINDS CATEGORICAL APPROACH INAPPLICABLE FOR DETERMINING LOSS AMOUNT FOR FRAUD OFFENSE.
(June 19, 2009)
COURT OF APPEAL UPHOLDS VALIDITY OF LAPD DIRECTIVE RE INQUIRING ABOUT IMMIGRATION STATUS. (June 18, 2009)
USCIS RELEASES Q & A ON CSPA (CHILD STATUS PROTECTION ACT). (June 16, 2009)
U.S. SUPREME COURT SAYS IMMIGRATION OFFICIALS DO NOT HAVE TO HAVE A JURY DETERMINE THE FINANCIAL IMPACT OF AN IMMIGRANT'S CRIME IN DEPORTATION DECISIONS.(June 15, 2009)
FOOD PROCESSING PLANT IN LOS ANGELES TERMINATES MORE THAN 200 EMPLOYEES AFTER AN IRS AUDIT FINDS THAT THEY HAD PROVIDED 'INVALID OR FRAUDULENT' SOCIAL SECURITY NUMBERS.(June 12, 2009)
H-1Bs STILL AVAILABLE. COUNT WAS 44,400 ON JUNE 5, 2009 FOR CAP SUBJECT PETITIONS. (June 10, 2009)
ACLU MAKES FOIA (FREEDOM OF INFORMATION ACT) REQUEST FOR DHS RECORDS PERTAINING TO LAPTOP INFORMATION SEIZED AT BORDER. (June 10, 2009)
DHS ESTABLISHES INTERIM RELIEF FOR WIDOWS OF US CITIZENS. (June 9, 2009)
JULY 2009 VISA BULLETIN: MEXICO FAMILY FIRST AND THIRD PREFERENCE RETROGRESSES AS WELL AS CHINA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATES. (June 8, 2009)
IMMIGRATION JUDGE IN CONNECTICUT THROWS OUT CASES AGAINST FOUR IMMIGRANTS BECAUSE OF "EGREGIOUS VIOLATION" OF FOURTH AMENDMENT RIGHTS.(June 8, 2009)
SENATE MAJORITY LEADER HARRY REID DECLARES IMMIGRATION A PRIORITY FOR THE SENATE.(June 6, 2009)
POLLSTERS BELIEVE A MAJORITY OF AMERICAN VOTERS SUPPORT AN IMMIGRATION OVERHAUL. (June 5, 2009)
ATTORNEY GENERAL VACATES MATTER OF COMPEAN AND DIRECTS BIA TO CONTINUE TO APPLY PREVIOUS STANDARDS IN REVIEWING MOTIONS TO REOPEN BASED ON INEFFECTIVE ASSISTANCE OF COUNSEL.(June 3, 2009)
THE ANTI-IMMIGRATION ARGUMENTS OF NumbersUSA DO NOT ADD UP.. (June 2, 2009)
NINTH CIRCUIT HOLDS THAT A PARENT'S STATUS AS AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE MAY BE IMPUTED TO AN UNEMANCIPATED MINOR.(May 26, 2009)
CAPITOL HILL UPDATE: IMMIGRATION REFORM COULD EMERGE AGAIN IN THE FALL 2009. (May 25, 2009)
DEPORTATIONS CARRIED OUT IN THE MIDDLE OF IMMIGRATION CASES. (May 22, 2009)
H-1B CAP UPDATE: PETITIONS ARE STILL BEING ACCEPTED. (May 11, 2009)
USCIS ANNOUNCES EXTENSION OF THE J-1 ENTRY DATE FOR INTERNATIONAL MEDICAL GRADUATES TO QUALITY FOR "CONRAD 30" WAIVER. (May 11, 2009)
SUPREME COURT OVERRULES GOVERNMENT TACTICS TO CRIMINALIZE IMMIGRANT WORKERS.(May 4, 2009)
In the case before the Court, a worker, Ignacio Flores-Figueroa, had given his employer counterfeit
Social Security and alien registration cards in order to continue working. The government charged
Flores with misusing immigration documents, but also elevated the charges by including a charge
of aggravated identity theft. The government argued that to convict on that charge, it did not have to
prove that Flores knew the number actually belonged to another person.
The Court disagreed. It rejected the government's claim that it would be too hard to prove a
defendant knew the identification belonged to someone else. Significantly, the Court said that when
the government properly charges defendants with this crime, the government should have no
difficulty proving "knowledge." IGNACIO CARLOS FLORES_FIGUEROA, PETITIONER V. UNITED STATES
PRESIDENT OBAMA PLANS TO MOVE FORWARD WITH COMPREHENSIVE IMMIGRATION REFORM.(April 9, 2009)
"The administration gets it; immigration is intrinsically tied to the economy," said Charles H. Kuck, president of the American Immigration Lawyers Association (AILA). "Rising unemployment is a serious and frightening crisis that we all share. Policies require looking ahead, for our short-term economic recovery, and for the nation's long-term economic stability and growth. We must meet the challenge to reform our immigration system now, with sensible, practical solutions. Fixing our immigration system is a critical component of fixing our economy. This courageous stance will prove to be the right remedy for what ails the country right now."
QUESTIONS AND ANSWERS ON EAWA (EMPLOY AMERICAN WORKERS ACT) AND ITS EFFECT ON H-1B PETITIONS(March 20, 2009)
Under EAWA, any company that has received covered funding and seeks to hire H-1B workers is considered to be an “H-1B dependent employer.” Among other things, it must demonstrate that it has taken good faith steps to recruit U.S. workers (defined as U.S. citizens or nationals, lawful permanent resident aliens, refugees, asylees, or other immigrants authorized to be employed in the United States (i.e., workers other than nonimmigrant aliens) using industry-wide standards and offering compensation that is at least as great as those offered to the H-1B nonimmigrant.
“We have got to come to an understanding” on immigration, Senator Mel Martinez of Florida implored recently at the National Council of La Raza’s gala, where he and Sen. Edward M. Kennedy (D-Mass.) were honored for their work on behalf of Hispanics. “Comprehensive immigration reform has got to be back on the top of the agenda,” Martinez said. “It’s the right thing to do.”
Starting on March 2, USCIS will accept the Form I-907, Request for Premium Processing Service, for Forms I-140 filed on behalf of alien beneficiaries who, as of the date of filing the Form I-907:
Are the beneficiary of a form I-140 petition filed in a preference category that has been designated for premium processing service;
Have reached the 6th year statutory limitation of their H-1B stay, or will reach the end of their 6th year of H-1B stay within 60 days of filing;
They are only eligible for a further H-1B extension upon approval of their Form I-140 petition as prescribed by American Competitiveness in the Twenty-first Century Act (AC21) provisions 104(c)1 ; and
Are ineligible to extend their H-1B status under AC21 §106(a)2
The Employ American Workers Act (or “EAWA”) places new restrictions on H-1B petitions filed by any company that receives funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343, also known as the "TARP Bill") or that receives funding under Section 13 of the Federal Reserve Act (12 U.S.C. § 342 et seq., authorizing the Federal Reserve's "Discount Window" for short-term, secured loans to financial institutions and other companies.
An Immigration Two-Step: House-Senate Conferees on Stimulus Bill Reject Expansion of E-Verify But Limit Foreign Professionals on H-1Bs. (February 13, 2009)
Another immigration-related issue in the stimulus debate revolved around the H-1B program. It appears that anyone receiving TARP money will be hard pressed to hire foreign nationals for at least a two-year period. We can all agree on the importance of protecting American workers. Our immigration system can and should be an asset in that effort. However, protectionist-oriented policies will thwart progress and innovation in the U.S. and will hurt American workers in the long run. New York Times op-ed columnist Thomas L. Friedman opined on this action and its impact on the economy: "Protectionism did not cause the Great Depression, but it sure helped to make it 'Great'." As he notes, "in an age when attracting the first-round intellectual draft choices from around the world is the most important competitive advantage a knowledge economy can have, why would we add barriers against such brainpower - anywhere?"
This rule makes final an interim rule published in the Federal Register on August 18, 2003, amending the Department's regulations pertaining to the manner in which aliens may petition for the opportunity to participate in the Diversity Visa Program. The rule changed the standard mail-in system previously used to an entirely electronic system for the purpose of making the process less prone to fraud, improve efficiency and significantly reduce the processing costs to the Government.
ATTORNEY GENERAL MUKASEY ISSUES DECISION IN FINAL DAYS OF BUSH ADMINISTRATION HOLDING THAT THERE IS NO LEGAL OR CONSTITUTIONAL RIGHT TO A LAWYER IN REMOVAL PROCEEDINGS. ACTION IS CONDEMNED BY AILF (American Immigration Lawyer's Foundation) AND WIDELY CRITICIZED BY IMMIGRATION ATTORNEYS THROUGHOUT THE UNITED STATES.(January 7, 2009)
In a decision issued Wednesday, January 7, 2009, the Attorney General declared that henceforth, immigrants, asylum seekers, and all others in removal (deportation) proceedings do not have any right under statute or the Constitution to representation by a lawyer before they can be ordered deported. This ruling reverses many years of precedent.
According to the Attorney General, because there is no legal or constitutional right to a lawyer, immigrants do not have the right to legal counsel and thus no right to complain or request a new hearing when their lawyer is incompetent or fraudulent except in highly extreme cases. In view of the Republicans' recent failure to recapture the White House, a question arises as to whether the Attorney General (who serves "at the pleasure of the President") even had the moral authority to render such a decision at this time.
NEW REGULATIONS FOR VOLUNTARY DEPARTURE IN CONJUNCTION WITH A MOTION TO REOPEN AND PETITION FOR REVIEW. (December 17, 2008)
DHS (Department of Homeland Security) AMENDS REGULATIONS TO PERMIT ALIENS IN T AND U STATUS TO ADJUST STATUS AND BECOME LAWFUL PERMANENT RESIDENTS. (December 12, 2008)
The Department of Homeland Security is amending its regulations to permit aliens in lawful T or U nonimmigrant status to apply for adjustment of status to lawful permanent resident. T nonimmigrant
status is available to aliens who are victims of a severe form of trafficking in persons and who are assisting law enforcement in the investigation or prosecution of the acts of trafficking. U nonimmigrant status is available to aliens who are victims of certain crimes and are being helpful to the investigation or prosecution of those crimes. This rule provides that family members of a principal T or U nonimmigrant granted or seeking adjustment of status may also apply for adjustment of status to lawful permanent resident.
OPPORTUNITY AND EXCLUSION:
A BRIEF HISTORY OF U.S. IMMIGRATION POLICY (November 25, 2008)
The United States and the colonial society that preceded it were created by successive waves of immigration from all corners of the globe. But public and political attitudes toward immigrants have always been ambivalent and contradictory, and sometimes hostile. The early immigrants to colonial America—from England, France, Germany, and other countries in northwestern Europe—came in search of economic opportunity and political freedom, yet often relied upon the labor of African slaves working land taken from Native Americans.
USCIS PUBLISHES FINAL RULE FOR RELIGIOUS WORKER VISA CLASSIFICATIONS.(November 21, 2008)
The U.S. Citizenship and Immigration Services (USCIS) announced that it will make significant revisions to the special immigrant and nonimmigrant (R-1) religious worker visa classification regulations. The final rule will ensure the integrity of the religious worker program by establishing a requirement that employers submit a formal petition for temporary religious workers, and by providing for increased inspections, evaluations, verifications, and compliance reviews of religious organizations. The rule also fulfills the recent Congressional mandate to issue final regulations to eliminate or reduce fraud in the religious worker program.
ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION (ESTA) REQUIRED FOR ALL VISA WAIVER PROGRAM COUNTRIES BEGINNING JANUARY 12, 2009. (November 13, 2008)
The U.S. Department of Homeland Security announced that beginning Jan. 12, 2009, eligible citizens or nationals from all Visa Waiver Program (VWP) countries must obtain approval through the Electronic System for Travel Authorization (ESTA) prior to traveling to the United States under the VWP. DHS will formally announce the addition of seven allies to the list of countries authorized to participate in the VWP: Czech Republic, Estonia, Hungary, the Republic of Korea, Latvia, Lithuania, and Slovakia. “We are especially pleased to welcome these allies into the Visa Waiver Program,” said Homeland Security Secretary Michael Chertoff. “Expanding the number of countries whose citizens can travel to the U.S. without a visa increases business and social ties between our countries and at the same time deepens cooperation on required security measures.”
ATTORNEY GENERAL ESTABLISHES FRAMEWORK TO DETERMINE IF CRIME INVOLVES MORAL TURPITUDE. (November 7, 2008)
WHY PRESIDENT-ELECT BARACK OBAMA MAY SUPPORT AN H-1B INCREASE EVEN IN A PERIOD OF RECESSION. (November 6, 2008)
President-Elect Obama supports raising the H-1B cap and did so in the U.S. Senate immigration bill in 2007. It would have increased the current 85,000 cap, which includes 20,000 visas set aside for graduates with advanced degrees. The Senate effort, which died in the House, would have allowed increases of up to 180,000 H-1B visas, as well as additional visas for advanced-degree graduates. Obama also continues to support comprehensive immigration reform.
THE AMERICAN IMMIGRATION LAWYERS ASSOCIATION (AILA) ISSUES PRACTICE ADVISORY REGARDING THE ROLE OF ATTORNEYS IN A LABOR CERTIFICATION CASE. (November 6, 2008)
The key issue in a labor certification is whether the employer has found a U.S. worker who is qualified, able, willing, and available for the position. To make this evaluation, the employer must recruit and consider in good faith. In order to evaluate whether the employer acted in good faith, DOL will, through an audit and possibly subsequent supervised recruitment, scrutinize the manner in which employer reached its determination that there were no qualified, able, willing, and available U.S. workers. Therefore, throughout the recruitment and evaluation process, it is important to consider constantly whether the actions of the employer can reasonably be judged to have been taken in good faith.
THE U.S. CONSULAR MISSION IN MEXICO HAS CHANGED THE REQUIREMENTS FOR VISA APPLICATIONS FOR THIRD COUNTRY NATIONALS (TCNs). November 4, 2008)
Third country nationals (i.e. nationals from countries other than Mexico) in the follwoing categories may not apply in Mexico:
Applicants for B1/2 visas, including renewals are not accepted from third country nationals who are not resident in Mexico.
Applicants who entered the U.S. with a visa issued in their home country and changed status with Department of Homeland Security in the U.S. who seek a new visa in the new visa category
Applicants who entered the United States in one visa category and are seeking to re-enter the U.S. in a different visa category.
Applicants who have been out of status in the U.S. having violated the terms of their visas or having overstayed the validity indicated on their I-94s.
Applicants who entered the U.S. under the auspices of the Visa Waiver Program.
Applicants who obtained their current visa in a country other than that of their legal residence
PLEASE NOTE: If you were informed when you obtained the original visa in your home country that you are subject to National Security Entry Exit Registrations (NSEERs) or are a national of North Korea, Cuba, Syria, Sudan or Iran, you are not eligible to renew your visa in Mexico.
WHITE HOUSE ANNOUNCES THAT SEVEN COUNTRIES ARE TO BE ADDED TO THE VISA WAIVER PROGRAM.
(October 17, 2008)
In about a month, the citizens of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, and South Korea will be able to travel to the United States for business or tourism for up to 90 days without a visa.
USCIS INCREASES PERIOD OF STAY FOR TRADE-NAFTA
PROFESSIONAL WORKERS FROM CANADA AND MEXICO. (October 14, 2008)
This final rule changes the initial period of admission for TN workers from one to three years, making it equal to the initial period of admission given to H-1B professional workers. There is still no dual intent until Congress specifically legislates it.(FINAL RULE)
REDESIGNED NATURALIZATION TEST FOR THOSE APPLYING ON OR AFTER OCTOBER 1, 2008. Below is a sample of possible questions. Click on date to see others. (September 27, 2008)
A: Principles of American Democracy
1. What is the supreme law of the land?
▪ the Constitution
2. What does the Constitution do? ▪ sets up the government
▪ defines the government
▪ protects basic rights of Americans
3. The idea of self-government is in the first three words of the Constitution. What are these words?
▪ We the People
4. What is an amendment?
▪ a change (to the Constitution)
▪ an addition (to the Constitution)
BARACK OBAMA ANSWERS QUESTIONNAIRE ON IMMIGRATION LAW DISTRIBUTED BY THE SANCTUARY. Below is an excerpt. Click date for all the answers.(September 19, 2008)
Q: What policy conditions would comprehensive immigration reform have to meet in order for you to
support it? Please be specific.
A: I fought in the U.S. Senate for comprehensive immigration reform. And I will make it a top priority in my first year as president. Not just because we need to secure our borders and getcontrol of who comes into our country. And not just because we have to crack down onemployers abusing undocumented immigrants. But because we have to finally bring the 12 million undocumented out of the shadows.
THE U.S. DEPARTMENTS OF STATE (DOS) AND HOMELAND SECURITY (DHS) ARE PLEASED TO ANNOUNCE THAT THEY HAVE SUCCESSFULLY ACHIEVED THEIR GOAL OF ADMITTING MORE THAN 12,000 IRAQI REFUGEES TO THE UNITED STATES THROUGH THE U.S. REFUGEE ADMISSIONS PROGRAM DURING FISCAL YEAR (FY) 2008. See excerpt below. (September 12, 2008)
Throughout the course of FY 2008 we have developed an increasingly robust processing capacity for Iraqi refugees in multiple locations across the Middle East. This now includes an emerging in-country processing program in Baghdad.
Both DOS and DHS are committed to continuing efforts to resettle vulnerable Iraqis and, barring unforeseen adverse developments in the region, expect to significantly increase the number of Iraqi refugees admitted to the U.S. for permanent resettlement in FY 2009
USCIS REVISES FILING INSTRUCTIONS FOR PETITIONS TO REMOVE CONDITIONS ON RESIDENCE. Customers Will Use New Version of Form I-751 and File with the California or Vermont Service Center. (August 25, 2008)
TEL (213) 327-0044 FAX (213) 327-0066
