• Facebook
  • Twitter
  • LinkedIn
ABIL
  • Home
  • About
  • ABIL Lawyers
    • North America
      • Canada
      • Mexico
      • United States
    • South America
      • Colombia
      • Peru
    • Europe
      • Austria
      • Belgium
      • France
      • Germany
      • Italy
      • Netherlands
      • Poland
      • Spain
      • Switzerland
      • Turkey
      • United Kingdom
    • Asia Pacific & Africa
      • Australia
      • Hong Kong
  • Global Immigration
    • North America
      • Canada
      • Mexico
      • United States
    • South America
      • Brazil
      • Colombia
      • Peru
    • Europe
      • Austria
      • Belgium
      • France
      • Germany
      • Italy
      • Netherlands
      • Spain
      • Switzerland
      • Turkey
      • United Kingdom
    • Asia Pacific & Africa
      • Australia
      • China
      • Hong Kong
      • India
      • Japan
      • South Africa
  • Services
    • Corporate Services
    • Compliance Services
    • Global Immigration Services
    • Government Policy
    • Complex Cases
    • Investment Services
    • Litigation Services
    • Pro Bono Services
  • Industries
  • Resources
    • Blogs
    • News
    • Newsletters
    • Videos & Recordings
    • Articles
  • Contact
  • Search
  • Menu Menu

News from the Alliance of Business Immigration Lawyers Vol. 9, No. 2B • February 15, 2013

February 15, 2013/in Immigration Insider /by ABIL

Headlines:

1. House, Senate Hold Hearings; President Weighs in on Immigration Reform in State of the Union Address – Recent House of Representatives and Senate hearings focused on immigration reform. Also, President Obama included immigration reform issues in his State of the Union Address.

2. H-1B Filing Starts April 1 – Companies should prepare to file H-1B petitions, and evaluate their anticipated hiring needs for H-1B professionals for the 12-month period beginning on October 1, 2013.

3. USCIS Announces Forms Improvement Initiative – Among other things, the agency is publishing many forms in a two-column, Adobe fillable format that restricts incorrect entries and provides informational pop-up boxes to assist users.

4. OFLC Issues FAQs on H-2A Temporary Agricultural Foreign Labor Certification Program – The FAQs include information on pre-filing; filing; job offers, assurances, and obligations; rates of pay; post-certification; labor certification fee requirements and processes; labor certification determinations; special procedures; H-2A labor contractors; and positive recruitment and hiring of U.S. workers.

5. New Publications and Items of Interest – New Publications and Items of Interest

6. Member News – Member News

7. Government Agency Links – Government Agency Links


Details:

1. House, Senate Hold Hearings; President Weighs in on Immigration Reform in State of the Union Address

Recent House of Representatives and Senate hearings focused on immigration reform. Also, President Obama included immigration reform issues in his State of the Union Address.

House hearing. On February 5, 2013, the House of Representatives’ Judiciary Committee held a hearing on “America’s Immigration System: Opportunities for Legal Immigration and Enforcement of Laws Against Illegal Immigration.” Rep. Bob Goodlatte (R-Va.), chairman of the committee, said that additional hearings on this topic would take place in the Immigration and Border Security Subcommittee.

Witnesses included Vivek Wadhwa, Director of Research, Pratt School of Engineering, Duke University; Michael Teitelbaum, Senior Advisor, Alfred P. Sloan Foundation and Wertheim Fellow, Harvard Law School; Puneet S. Arora, Vice President, Immigration Voice; Julian Castro, Mayor, San Antonio, Texas; Julie Myers Wood, President, Guidepost Solutions LLC; Chris Crane, President, National Immigration and Customs Enforcement Council 118, American Federation of Government Employees; Jessica Vaughan, Director of Policy Studies, Center for Immigration Studies; and Muzaffar Chishti, Director, Migration Policy Institute’s office at New York University Law School.

Mr. Wadhwa noted that foreign students graduating from U.S. colleges and universities have difficulty in finding jobs because employers have difficulty in getting H-1B visas. Those graduates who are lucky enough to get a job and a visa and who decide to make the U.S. their permanent home find that it can take years—sometimes more than a decade—to get a green card, he said. “If they have ideas for building world-changing technologies and want to start a company, they are usually out of luck, because it is not usually possible for people on H-1B visas to work for the companies they might start.” Not surprisingly, Mr. Wadhwa said, many are getting frustrated and returning home: “We must stop this brain drain and do all we can to bring more engineers and scientists here.” He recommended (1) increasing the numbers of green cards available to H-1B holders; (2) allowing spouses of H-1B holders to work; (3) targeting immigration based on required skills; (4) allowing H-1B holders to change jobs without requiring sponsorship renewal; (5) extending the term of optional practical training for foreign students from one to four years; (6) instituting a startup visa; and (7) removing the country caps on permanent residence applications.

Mayor Castro recommended further strengthening border security; streamlining the legal immigration process “so that law-abiding companies can get the workers they need in this 21st century global economy”; and creating a path to citizenship “to bring the estimated 11 million undocumented immigrants in this country out of the shadows and into the full light of the American Dream.” He said that “outdated visa allocations” that separate family members for years “make no sense,” and that companies who want to play by the rules are sometimes “handcuffed by rigid employment ceilings and burdensome regulations.” He noted that as global competition increases, American companies watch U.S.-trained engineers, nurses, and entrepreneurs “leave in frustration only to invent new products, heal the sick and bring new innovations to other countries.” Mayor Castro also lamented “DREAMers” who were brought to the United States as children but remain in legal limbo.

Ms. Vaughan said the most important responsibility of the U.S. government is to secure the borders. She said that the “most conspicuous void” in immigration law enforcement, however, has been in the workplace. Among other things, she recommended “[r]outine, frequent and thorough enforcement [that] discourages illegal workers by creating an expectation that they could be subject to arrest and removal at any time.”

Mr. Chishti recommended, among other things, establishing a nonpartisan commission, called for by the Independent Task Force on Immigration and America’s Future (convened by the Migration Policy Institute), that would make recommendations to Congress every year or two for adjusting immigration levels “based on analyses of labor market needs, unemployment patterns, and changing economic and demographic trends.” He noted that the task force also recommended creating a provisional worker visa to bridge the “frequently artificial” distinction between temporary and permanent immigration and “build a system that is more closely aligned with how migration flows and labor markets work in practice.” The commission would recommend the number of provisional workers to be admitted every year. Such provisional workers in all occupations would be allowed to enter the country sponsored by employers and work for two renewable three-year periods. They would be allowed to change employers after an initial period, and could bring family members. Over time, they could be eligible to adjust status to permanent residence. Mr. Chishti also suggested testing a variety of identity verification options. Among other things, he recommended that the Department of Homeland Security empanel a group of employer and worker representatives, and other stakeholders, to help it monitor E-Verify and advise on its progress during various stages of enrollment.

Senate hearing. The Senate Judiciary Committee held a hearing on comprehensive immigration reform on February 13, 2013. Witnesses included Janet Napolitano, Secretary of Homeland Security; Jose Vargas, Founder, Define American; Jessica Vaughan, Director of Policy Studies, Center for Immigration Studies; Steve Case, Chairman and CEO, Revolution, and Co-Founder, America Online; Chris Crane, President, National Immigration and Customs Enforcement Council 118 of the American Federation of Government Employees; and Janet Murguía, President and CEO, National Council of La Raza. Sens. Ted Cruz (R-Tex.), Mazie Hirono (D-Haw.), and Patrick Leahy (D-Vt.) submitted statements.

Sen. Leahy opened the hearing by noting that “[m]ost importantly, comprehensive immigration reform must include a fair and straightforward path to citizenship for those “dreamers” and families who have made the United States their home — the estimated 11 million undocumented people in the United States.” He said he is “troubled by any proposal that contains false promises in which citizenship is always over the next mountain.” Sen. Leahy noted that in Vermont, immigration “has promoted cultural richness through refugee resettlement and student exchange, economic development through the EB-5 Regional Center program, and tourism and trade with our friends in Canada. Foreign agricultural workers support Vermont’s farmers and growers, many of whom have become a part of farm families that are woven into the fabric of Vermont’s agricultural community.” He said that President Obama “has a comprehensive proposal that he has deferred sending to us at the request of Senators working to develop their own legislation.”

Mr. Case said the United States did not become the world’s leading economy by luck or accident. He noted that pioneering immigrant entrepreneurs, beginning with the country’s earliest settlers, took a risk hoping to turn dreams into business, and their startup businesses became primary drivers of our economic growth. He noted that U.S. Steel, Pfizer, Kraft Foods, Honeywell, AT&T, Yahoo, and Goldman Sachs were all started by immigrants. Today, he said, 40 percent of Fortune 500 companies in the United States were started by immigrants or the children of immigrants, employing 10 million people across the globe and earning $4 trillion in revenue. Of the 10 most valuable brands globally, he said, seven of them come from U.S. companies founded by immigrants or their children, and in the past 15 years, immigrants founded one-quarter of U.S. venture-backed public companies. He said statistics show that immigrants are almost twice as likely as U.S.-born workers to start a company. Between 1995 and 2005, he noted, half of Silicon Valley startups had an immigrant founder. In 2005 alone, those businesses achieved $52 billion in sales supporting 400,000 jobs. In 2011, he said, more than three-quarters of the patents filed at the top ten patent-producing U.S. schools had an immigrant inventor. Of the 1,600 computer science PhD graduates from U.S. universities in 2010, 60 percent were foreign students, Mr. Case noted. He added that “this is not just about technology companies.” Mr. Case said that when Hamdi Ulukaya, an immigrant from Turkey, told friends that he was going to start a yogurt company in upstate New York in 2005, they advised against the idea, but Hamdi was adamant. He hired four employees to begin packaging yogurt by hand. Eight years later Chobani Yogurt generates $1 billion in sales, has hired 1,500 American workers, and is expanding operations across the country.

Ms. Murguía said that “if we are to restore the rule of law, the single most essential element of immigration reform is an earned legalization program with a clear, achievable roadmap to citizenship—not because enforcement is unimportant, but because enforcement is all we have done thus far, and restoring the rule of law requires both elements.” She noted that the “continuation of a situation where we collectively nod and wink because our society benefits from [undocumented] labor is unacceptable. When our laws don’t reflect reality, reality will win every time.”

Mr. Crane remarked on low employee morale at U.S. Immigration and Customs Enforcement. Out of 291 federal agencies, he said, only 12 ranked lower than ICE in employee morale and job satisfaction, according to the results of a survey that included managers, officers, agents, and administrative personnel. Among other things, he blamed confusion among ICE employees about who they can or cannot arrest and which federal laws they should enforce. Among other things, he claimed that undocumented aliens in jail are being released by claiming they qualify under Deferred Action for Childhood Arrivals without being required to provide any documentation.

State of the Union. On February 12, 2013, President Barack Obama delivered his first State of the Union address of his second term in office. On the topic of immigration reform, he noted that the U.S. economy “is stronger when we harness the talents and ingenuity of striving, hopeful immigrants. And right now, leaders from the business, labor, law enforcement, faith communities — they all agree that the time has come to pass comprehensive immigration reform.” Real reform, he said, means:

strong border security, and we can build on the progress my administration has already made — putting more boots on the Southern border than at any time in our history and reducing illegal crossings to their lowest levels in 40 years. Real reform means establishing a responsible pathway to earned citizenship — a path that includes passing a background check, paying taxes and a meaningful penalty, learning English, and going to the back of the line behind the folks trying to come here legally. And real reform means fixing the legal immigration system to cut waiting periods and attract the highly skilled entrepreneurs and engineers that will help create jobs and grow our economy.

President Obama noted that bipartisan groups in both chambers were “working diligently” to draft a bill. “Send me a comprehensive immigration reform bill in the next few months, and I will sign it right away,” he said.

WITNESS TESTIMONY FROM THE HOUSE HEARING

TESTIMONY FROM THE SENATE HEARING

STATE OF THE UNION ADDRESS TRANSCRIPT

Back to Top


2. H-1B Filing Starts April 1

The Alliance of Business Immigration Lawyers (ABIL) reminds clients that the H-1B filing deadline is April 1, 2013.

Companies should prepare to file H-1B petitions, and evaluate their anticipated hiring needs for H-1B professionals (specifically, those requiring initial H-1B visas) for the 12-month period beginning on October 1, 2013. That is the date on which new H-1B visas become available under the annual cap. Employers can file H-1B petitions no earlier than six months in advance of the anticipated start date, so April 1, 2013, signals the start of what has become an annual race to get petitions filed as early as possible to ensure acceptance before the cap of 85,000 visas is reached. The 85,000 cap includes the basic cap of 65,000, plus an additional 20,000 H-1B visas available to foreign nationals who have earned an advanced degree (master’s or higher) from a U.S. university.

The H-1B cap for fiscal year 2013 was reached in June 2012. The pace of hiring this year means that the demand for new H-1B workers could result in the new cap being reached sometime in April. As in past years, some foreign nationals are not subject to the H-1B cap, including individuals who already have been counted toward the cap in a previous year and have not been outside the United States subsequently for one year or more. Also, certain employers, such as universities, government-funded research organizations, and some nonprofit entities are exempt from the H-1B cap. All other employers should be aware of the H-1B cap.

ABIL recommends that clients keep their ABIL attorney apprised of all new hires needing H-1B status before October 1, 2014. Examples would include F-1 students hired with optional practical training that expires before April 1, 2014, or current L-1B nonimmigrants who will have spent five years in that status as of any date before October 1, 2014.

Back to Top


3. USCIS Announces Forms Improvement Initiative

U.S. Citizenship and Immigration Services (USCIS) recently announced improvements to its online forms. Among other things, the agency is publishing many forms in a two-column, Adobe fillable format. USCIS said that when completed electronically, this format restricts incorrect entries and provides informational pop-up boxes to assist users.

Other changes include:

  • Including plain-language, comprehensive instructions in several naturalization forms;
  • Centralizing filing locations at USCIS Lockbox facilities. Beginning in February 2013, those filing Form N-470, Application to Preserve Residence for Naturalization Purposes, should mail their applications to the Dallas Lockbox facility;
  • Publishing high-volume forms with 2D barcode technology. The barcode at the bottom of the page will store the data entered on the form via a computer. USCIS will then be able to scan the information from the barcode and upload it directly to USCIS systems;
  • Enhancing Web content, including posting filing addresses and detailed fee information on forms’ landing pages.

LATEST FEE SCHEDULE
Fee information is also available in the instructions to forms and in detailed fee charts on many form landing pages.

ANNOUNCEMENT

ADDITIONAL DETAILS

Back to Top


4. OFLC Issues FAQs on H-2A Temporary Agricultural Foreign Labor Certification Program

The Office of Foreign Labor Certification (OFLC) of the Department of Labor’s Employment and Training Administration recently released rounds 7 and 8 of its FAQs on the 2010 final rule on the H-2A temporary agricultural foreign labor certification program.

Round 7 FAQ. The round 7 FAQ includes information on pre-filing; filing; job offers, assurances, and obligations; rates of pay; post-certification; labor certification fee requirements and processes; and labor certification determinations.

Among other things, the FAQ notes that dairy farmers who perform milking operations are not able to qualify for an H-2A labor certification. OFLC explained that to qualify, the employer’s need must be seasonal. OFLC said it considers each employer’s specific circumstances on a case-by-case basis, but that the majority of dairy activities, and milk production in particular, “are year-round and therefore cannot be classified as either temporary or seasonal.”

The FAQ also notes that nonpayment or untimely payment (later than 30 calendar days after the date of certification) of H-2A labor certification fees may be considered a substantial violation and subject the employer to debarment from the H-2A program.

OFLC noted that when the prevailing wage rate for a specific crop in a specific state changes after a certification has been granted, the agency posts the new prevailing wage rate, including the effective date, on its website in the Agricultural On-Line Wage Library (AOWL). Also, the Chicago National Processing Center (NPC) sends a letter to all potentially affected employers notifying them of the change. Because OFLC receives new wage findings from states for different crops/occupations on a rolling basis, it encourages employers to periodically check the AOWL to ensure that they are paying the appropriate required wage throughout the certified period of employment.

Round 8 FAQ. The round 8 FAQ includes information on special procedures (such as for employers engaged in itinerant custom combine activities); pre-filing; filing; job offers, assurances, and obligations, including rates of pay, pre-employment costs, and reimbursements; H-2A labor contractors; and positive recruitment and hiring of U.S. workers.

Among other things, the FAQ notes that an employer may request a pre-occupancy housing inspection well in advance of its date of need. Early contact with the state workforce agency (SWA) will provide the employer with time to resolve potential housing compliance issues without affecting the issuance of the temporary labor certification, OFLC noted. An employer is not required to submit proof that its housing complies with applicable program requirements at the time of filing its Application for Temporary Employment Certification (ETA Form 9142), but OFLC said the Department cannot grant a temporary labor certification without proof, which is typically provided in the form of a confirmation from the SWA that the employer-provided housing has sufficient capacity and complies with applicable requirements.

OFLC encourages an employer who has not already obtained the SWA’s approval of its housing to contact the SWA to schedule the required pre-occupancy housing inspection as part of its initial preparations to submit the ETA 9142. At the latest, the employer must request the housing inspection when submitting its job order (ETA Form 790) to the SWA.

FAQ notes that the AGRICULTURAL ONLINE WAGE LIBRARY reflects the current prevailing wage rate for agricultural occupations.

FAQ #7

FAQ #8

Back to Top


5. New Publications and Items of Interest

Several ABIL members co-authored and edited the Global Business Immigration Practice Guide, recently released by LexisNexis. The Practice Guide is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

This comprehensive guide is designed to be used by:

  • Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
  • Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
  • Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

  • An overview of the immigration law requirements and procedures for over 20 countries;
  • Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
  • A general overview of the appropriate options for a particular employee; and
  • Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.

Order HERE. International customers who do not want to order through the bookstore can order through Nicole Hahn at (518) 487-3004 or Nicole.hahn@lexisnexis.com.

Green Card Stories. The immigration debate is boiling over. Americans are losing the ability to understand and talk to one another about immigration. We must find a way to connect on a human level. Green Card Stories does just that. The book depicts 50 recent immigrants with permanent residence or citizenship in dramatic narratives, accompanied by artistic photos. If the book’s profilees share a common trait, it’s a mixture of talent and steely determination. Each of them overcame great challenges to come and stay in America. Green Card Stories reminds Americans of who we are: a nation of immigrants, from all walks of life and all corners of the earth, who have fueled America’s success. It tells the true story of our nation: E pluribus unum–out of many, one.

Green Card Stories has won six national awards. It was named a Nautilus book award silver medal winner, and won a silver medal in the Independent Book Publishers Association’s Benjamin Franklin Award in the multicultural category. The book also won a Bronze Medal in the Independent Publisher’s “IPPY” Awards and an honorable mention for the 2012 Eric Hoffer Book Award. Ariana Lindquist, the photographer, won a first-place award in the National Press Photographers Association’s Best of Photojournalism 2012 and was a finalist for the International Photography Awards. The writer, Saundra Amrhein, was nominated as a finalist on the short list for the 2011 Santa Fe Writers Project Literary Awards. Green Card Stories is also featured on National Public Radio’s photo blog.

For more information, e-mail Lauren Anderson at lauren@greencardstories.com or see the Green Card Stories website.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is now available on Twitter: @ABILImmigration. Recent ABIL member blogs are available on the ABIL blog.

Back to Top


6. Member News

Charles Kuck has published a new blog entry. “Grumpy Ex-Consular Officer Not the Best Source of Immigration Reform Advice”

Robert Loughran will speak on “Potential Changes to Immigration Law and Implications for the Business Community” on Tuesday, February 19, 2013, at the Greater Houston Partnership (GHP) Board Room, Two Allen Center Building, 7th Floor, Houston, Texas. Topics will include immigration reform proposals; being proactive in business and hiring practices in light of possible reforms and the proposed new I-9; the pros and cons of E-Verify and compliance with E-Verify rules; employer sanctions; and revisiting your company’s immigration compliance plan. The cost is $35, which includes lunch. Registration begins at 11:30 a.m. and the program is from noon to 1 p.m. This event is co-sponsored by GHP and Foster Quan, LLP. For more information, contact Victoria Rivera at vrivera@houston.org or (713) 844-3632. REGISTER ONLINE

Cyrus Mehta has co-authored several new blog entries. “When Is a Tweet an Attorney Advertisement?” “A House of Many Rooms: The Different Paths to Citizenship”

Cyrus Mehta spoke at Brooklyn Law School on February 13, 2013. The topic was immigration policy and entrepreneurship. The panel focused on how immigration laws can promote entrepreneurship, technological innovation, and economic growth.

Angelo Paparelli has published several new blog entries. “Memo to Immigration Reformers: First Catch Your [EB-5] Hare!” “The Immigration Line Is Too Damn Long (and Slow)”

Stephen Yale-Loehr was quoted in the Arizona Republic on February 3, 2013. He noted that in representing an entire state, senators tend to be accountable to a more politically diverse group of constituents than House of Representatives members and can take a more moderate view. They also have to face voters every six years rather than every two years as House members do. That makes it easier for them to look at issues from a longer-term perspective, Mr. Yale-Loehr noted. “Having to face re-election every two years can make a member of the House more cautious thinking about how this might affect his or her primary chances. Republicans have to worry about a primary-election challenge from a ‘tea party’ or other conservative candidate.”

Stephen Yale-Loehr was quoted in the Syracuse Post-Standard on February 3, 2013. He noted that the immigration reform proposals by the bipartisan Senate group and President Obama call for creating a pathway to U.S. citizenship for the 11 million undocumented people already here, but are not specific about whether the undocumented already in removal proceedings would be eligible. He said the visa system should be changed so that people who want to come to work legally in the United States can do so.

Stephen Yale-Loehr participated in a one-hour panel discussion about prospects for immigration reform in the United States on February 4, 2013, on China Radio International.

Stephen Yale-Loehr was quoted on nbcnews.com on February 6, 2013. He said one possible compromise between the two sides with respect to immigration reform proposals would be an enforcement mechanism based on objective criteria, such as a certain number of Border Patrol agents along the border or a certain amount of money spent on security. He said that if Republicans insist on a subjective measure, such as whether a poll finds that the majority of Americans think the border is secure, or whether Republican governors of border states agree the border is secure, common ground will be much more difficult to find. Asked about the political feasibility of objective measures in a final immigration bill, Mr. Yale-Loehr said, “I would hope than an objective one would satisfy the conservatives enough that they could live with it while not antagonizing the other side too much.”

Back to Top


7. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

Back to Top

https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2013-02-15 00:00:442019-09-05 11:52:37News from the Alliance of Business Immigration Lawyers Vol. 9, No. 2B • February 15, 2013

News from the Alliance of Business Immigration Lawyers Vol. 9, No. 2A • February 01, 2013

February 01, 2013/in Immigration Insider /by ABIL

Headlines:

1. President Obama Speaks on Immigration Reform, Senators Announce Bipartisan Agreement – President Obama spoke on his immigration reform proposal one day after a bipartisan group of senators also proposed principles for comprehensive immigration reform.

2. USCIS Updates FAQ on DACA, Releases Latest Statistics – USCIS has posted new information on the definition of DACA, accrual of unlawful presence, continuous residence requirements, the effect of traveling outside the United States, violations of status, DACA for those living in the Commonwealth of the Northern Mariana Islands, fee waivers, and other related issues. USCIS approved 154,404 DACA cases as of January 17, 2013.

3. USCIS Discusses New Policy Manual, Upcoming Guidelines for Precedent Decisions at Stakeholder Engagement – The manual replaces the Adjudicators’ Field Manual and policy memoranda that are in place today. Also, the agency plans to publish guidelines for issuing precedent decisions soon.

4. DHS Adds Grenada to List of 59 Eligible Countries for H-2A, H-2B Programs – USCIS may approve petitions for H-2A and H-2B nonimmigrant status only for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated by notice published in the Federal Register. That notice is renewed each year, and countries may be added or deleted.

5. Reminder: New Fee for Permanent Residence Takes Effect February 1 – As of February 1, 2013, USCIS has begun collecting a new immigrant fee of $165 from foreign nationals seeking permanent residence in the United States.

6. New Publications and Items of Interest – New Publications and Items of Interest

7. Member News – Member News

8. Government Agency Links – Government Agency Links


Details:

1. President Obama Speaks on Immigration Reform, Senators Announce Bipartisan Agreement

President Obama spoke in Las Vegas, Nevada, on his immigration reform ideas and released a statement one day after a bipartisan group of senators proposed principles for comprehensive immigration reform, on January 28, 2013.

A fact sheet on President Obama’s immigration reform proposal outlines four principles:

First, continue to strengthen our borders. Second, crack down on companies that hire undocumented workers. Third, hold undocumented immigrants accountable before they can earn their citizenship; this means requiring undocumented workers to pay their taxes and a penalty, move to the back of the line, learn English, and pass background checks. Fourth, streamline the legal immigration system for families, workers, and employers.

Among other things, President Obama’s proposal includes providing visas to foreign entrepreneurs who want to start businesses in the United States and “helping the most promising foreign graduate students in science and math stay in this country after graduation, rather than take their skills to other countries.” He also would provide a legal way for undocumented people to “earn citizenship” by passing national security and criminal background checks, paying taxes and a penalty, “going to the back of the line,” and learning English. Young people could earn citizenship more quickly by serving in the military or pursuing higher education.

The President is proposing the following measures, according to the fact sheet:

  • Mandatory, phased-in electronic employment verification. The President’s proposal provides tools for employers to ensure a legal workforce by using federal government databases to verify that the people they hire are eligible to work in the United States. Penalties for hiring undocumented workers are significantly increased, and new penalties are established for committing fraud and identity theft. The new mandatory program ensures the privacy and confidentiality of all workers’ personal information and includes important procedural protections. Mandatory electronic employment verification would be phased in over five years with exemptions for certain small businesses.
  • Combat fraud and identity theft. The proposal also mandates a fraud?resistant, tamper?resistant Social Security card and requires workers to use fraud? and tamper?resistant documents to prove authorization to work in the United States. The proposal also seeks to establish a voluntary pilot program to evaluate new methods to authenticate identity and combat identity theft.
  • Protections for all workers. The President’s proposal protects workers against retaliation for exercising their labor rights. It increases the penalties for employers who hire undocumented workers to skirt the workplace standards that protect all workers. And it creates a “labor law enforcement fund” to help ensure that industries that employ significant numbers of immigrant workers comply with labor laws.

The proposal also would eliminate annual country caps for employment-sponsored immigration and add visas to the system. It would allow “greater flexibility” to designate countries for participation in the Visa Waiver Program, and would “staple” green cards to advanced STEM (science, technology, engineering, and mathematics) graduates with master’s degrees or Ph.D.’s who have found employment in the United States. The proposal would require employers to pay a fee to support education and training “to grow the next generation of American workers in STEM careers.”

President Obama’s proposal would permanently authorize immigrant visa opportunities for regional center (pooled investment) programs; and provide incentives for visa requestors to invest in programs that support national priorities, including economic development in rural and economically depressed regions. The proposal would create a new visa category for a limited number of highly skilled and specialized employees of federal national security science and technology laboratories who have been in the United States for two years.

Sens. Charles Schumer (D-N.Y.), John McCain (R-Ariz.), Dick Durbin (D-Ill.), Lindsey Graham (R-S.C.), Robert Menendez (D-N.J.), Marco Rubio (R-Fla.), Michael Bennet (D-Colo.), and Jeff Flake (R-Ariz.) proposed the following four “basic legislative pillars”:

  1. Create a tough but fair path to citizenship for unauthorized immigrants currently living in the United States that is contingent upon securing our borders and tracking whether legal immigrants have left the country when required;
  2. Reform our legal immigration system to better recognize the importance of characteristics that will help build the American economy and strengthen American families;
  3. Create an effective employment verification system that will prevent identity theft and end the hiring of future unauthorized workers; and
  4. Establish an improved process for admitting future workers to serve our nation’s workforce needs, while simultaneously protecting all workers.

Among other things, they propose that those who have been working in the U.S. agricultural industry without legal status and who “commit to the long-term stability of our nation’s agricultural industries” will be able to “earn a path to citizenship through a different process under our new agricultural worker program.”

The senators also lament the “broken” U.S. immigration system that “sadly discourages the world’s best and brightest citizens from coming to the United States and remaining in our country to contribute to our economy.” This failure, the senators note, makes legal entry into the United States “insurmountably difficult for well-meaning immigrants” and “unarguably discourages innovation and economic growth,” in addition to creating substantial visa backlogs that force families to live apart and incentivize undocumented immigration.

To address these challenges, the senators propose a “new immigration system” that recognizes the characteristics that will “help build the American economy and strengthen American families,” in addition to reducing backlogs in the family and employment visa categories. Among other things, they propose permanent resident status to immigrants who have received a Ph.D. or master’s degree in science, technology, engineering, or mathematics from a U.S. university.

The senators also recommend a m-andatory employment verification system with stiff penalties for egregious offenses.

For unauthorized workers, the senators propose legislation that would:

  • Allow employers to hire immigrants if it can be demonstrated that they were unsuccessful in recruiting an American to fill an open position and the hiring of an immigrant will not displace American workers;
  • Create a workable program to meet the needs of America’s agricultural industry, including dairy to find agricultural workers when American workers are not available to fill open positions;
  • Allow more lower-skilled immigrants to come here when our economy is creating jobs, and fewer when our economy is not creating jobs;
  • Protect workers by ensuring strong labor protections; and
  • Permit workers who have succeeded in the workplace and contributed to their communities over many years to earn green cards.

President Obama’s Fact Sheet

President Obama’s Speech Transcript

Senators’ Statement announcing their framework for immigration reform

Back to Top


2. USCIS Updates FAQ on DACA, Releases Latest Statistics

U.S. Citizenship and Immigration Services (USCIS) recently updated its FAQ on deferred action for childhood arrivals (DACA), and released related statistics.

The latest version of the FAQ was released on January 18, 2013. USCIS posted new information on the definition of DACA, accrual of unlawful presence, continuous residence requirements, the effect of traveling outside the United States, violations of status, DACA for those living in the Commonwealth of the Northern Mariana Islands, fee waivers, and other issues.

USCIS also released the latest statistics on DACA as of January 17, 2013. As of that date, USCIS had approved 154,404 cases and rejected 13,366, of a total of 407,899 received and 394,533 accepted for review.

The new updates are marked in the latest FAQ.

STATISTICS

Back to Top


3. USCIS Discusses New Policy Manual, Upcoming Guidelines for Precedent Decisions at Stakeholder Engagement

U.S. Citizenship and Immigration Services (USCIS) held a stakeholder engagement on January 15, 2013, at which Director Alejandro Mayorkas discussed the first volume of a comprehensive new online Policy Manual, among other things. He noted that the first volume covers Citizenship and Naturalization and that the transition to a centralized online policy resource is the result of an agency-wide review of all adjudication and customer service policies. He said the manual replaces the Adjudicators’ Field Manual and policy memoranda that are in place today. During the engagement, Director Mayorkas also highlighted new citizenship and naturalization-related policies, provided updates on other issues, and took questions.

Director Mayorkas also noted that the agency plans to publish guidelines for issuing precedent decisions soon.

USCIS’s notes on the engagement have not yet been released.

New Policy Manual

Announcement about the new Policy Manual

As content becomes available for each volume, USCIS will notify the public and invite comment on new or substantially changed policies. Public engagement opportunities will be announced on USCIS’s Web site.

Announcement about the stakeholder engagement

Back to Top


4. DHS Adds Grenada to List of 59 Eligible Countries for H-2A, H-2B Programs

The Department of Homeland Security (DHS) has added Grenada to the list of countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year, effective January 18, 2013.

The agency explained that under DHS regulations, U.S. Citizenship and Immigration Services (USCIS) may approve petitions for H-2A and H-2B nonimmigrant status only for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated by notice published in the Federal Register. That notice is renewed each year, and countries may be added or deleted.

The notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, is now identifying 59 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year, including Grenada.

Notice, which includes the list of 59 countries

Back to Top


5. Reminder: New Fee for Permanent Residence Takes Effect February 1

As of February 1, 2013, U.S. Citizenship and Immigration Services (USCIS) has begun collecting a new immigrant fee of $165 from foreign nationals seeking permanent residence in the United States. This new fee was established in USCIS’s final rule adjusting fees for immigration applications and petitions announced on September 24, 2010. USCIS said the fee will help to recoup costs for staff time to handle, file, and maintain the immigrant visa package, and the cost of producing and delivering the permanent resident card.

USCIS NOTICE

RELATED FEDERAL REGISTER NOTICE

Back to Top


6. New Publications and Items of Interest

ICE SEVP spring 2013 conference overview. U.S. Immigration and Customs Enforcement has released the “SEVP Conference Overview: Spring 2013.” The publication includes updates on initial school certification and recertification; Form I-17; Form I-901 fee payment confirmations; “Study in the States”; a rule to support implementation of pending enhancements to SEVIS and expansion of enforcement capabilities for SEVP; and other issues. PUBLICATION

H-2A, H-2B Ombudsman Programs. The Department of Labor’s Office of Foreign Labor Certification (OFLC) has established the H-2A and H-2B Ombudsman Programs. The programs are intended to facilitate fair and equitable resolution of concerns that arise within the H-2A and H-2B program communities, by conducting “independent and impartial” inquiries into issues related to the administration of the programs. The Ombudsman Programs also identify concerns of agricultural employers and worker advocate organizations in dealing with the OFLC and propose internal recommendations designed to continuously improve the quality of services provided by the OFLC. There is no fee for using the Ombudsman Programs. Additional information, including ways in which the Ombudsman Programs can and cannot help, is available at HERE for the H-2A program and HERE for the H-2B program.

Several ABIL members co-authored and edited the Global Business Immigration Practice Guide, recently released by LexisNexis. The Practice Guide is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

This comprehensive guide is designed to be used by:

  • Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
  • Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
  • Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

  • An overview of the immigration law requirements and procedures for over 20 countries;
  • Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
  • A general overview of the appropriate options for a particular employee; and
  • Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issues.

Order HERE. International customers who do not want to order through the bookstore can order through Nicole Hahn at (518) 487-3004 or Nicole.hahn@lexisnexis.com.

Green Card Stories. The immigration debate is boiling over. Americans are losing the ability to understand and talk to one another about immigration. We must find a way to connect on a human level. Green Card Stories does just that. The book depicts 50 recent immigrants with permanent residence or citizenship in dramatic narratives, accompanied by artistic photos. If the book’s profilees share a common trait, it’s a mixture of talent and steely determination. Each of them overcame great challenges to come and stay in America. Green Card Stories reminds Americans of who we are: a nation of immigrants, from all walks of life and all corners of the earth, who have fueled America’s success. It tells the true story of our nation: E pluribus unum–out of many, one.

Green Card Stories has won six national awards. It was named a Nautilus book award silver medal winner, and won a silver medal in the Independent Book Publishers Association’s Benjamin Franklin Award in the multicultural category. The book also won a Bronze Medal in the Independent Publisher’s “IPPY” Awards and an honorable mention for the 2012 Eric Hoffer Book Award. Ariana Lindquist, the photographer, won a first-place award in the National Press Photographers Association’s Best of Photojournalism 2012 and was a finalist for the International Photography Awards. The writer, Saundra Amrhein, was nominated as a finalist on the short list for the 2011 Santa Fe Writers Project Literary Awards. Green Card Stories is also featured on National Public Radio’s photo blog.

For more information, e-mail Lauren Anderson at lauren@greencardstories.com or see the Green Card Stories website.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is now available on Twitter: @ABILImmigration. Recent ABIL member blogs are available on the ABIL blog.

 

Back to Top


7. Member News

Jacqueline Bart was reappointed as President of the Immigration and Nationality Commission of the UnionInternationale Des Avocats (UIA) on October 31, 2012.

Jacqueline Bart authored the Permanent Residence Chapter 2012 Update of the Canada/US Relocation Manual (eds. Bart & Fragomen).

Charles Kuck has published several new blog entries. “Why the ‘Gang of 8’ Immigration Proposal Is Not Immigration Reform” “What a Good Legal Immigration Reform Bill Looks Like – Thank You Senator Hatch”

Marco Mazzeschi founded Mazzeschi s.r.l., a boutique firm specializing in corporate immigration and citizenship law, which was recently added as a member of Invitalia Business Network (Invitalia is the Government’s agency for the promotion of foreign investments).

Sharon Mehlman, Cyrus Mehta, Angelo Paparelli, and William Reich will speak at the Federal Bar Association’s Immigration Law Seminar to be held May 17-18, 2013, in Memphis, Tennessee.

Angelo Paparelli was quoted in the Los Angeles and San Francisco Daily Journal Newswires on January 29, 2013. He noted that it’s tough to read much into the bipartisan immigration reform announcement. “There are agreed-upon principles from eight senators, but there’s too much in flux at this point,” he observed. The most pressing concern in his view is the requirement that undocumented people move to the end of the line for green cards and citizenship, since that process can take decades. “The end of the line might as well be the end of the rainbow. A significant number would die as temporary residents because of the wait for gren cards, which would make this path to citizenship a joke.”

Angelo Paparelli was quoted in the Washington Post “Wonkblog” on January 31, 2013. He explained that despite huge demand, the U.S. government ordinarily does not give out all visas allocated in any given year. He noted that under the law, any pending visa that is not closed out in a given fiscal year is “lost” for that year and must be counted toward the next year’s allocation. Democrats want those visas recaptured; by some estimates, they could number hundreds of thousands of additional visas.

Angelo Paparelli has also published several new blog entries. “The I-9 Audit Process is a Game – Alas, It Is Football, Not Soccer” “Dear Immigration Director: Let Our Dreamers Go!”

Bernard P. Wolfsdorf was selected for inclusion in the 2013 “Southern California Super Lawyers” list, along with two other lawyers in his firm. With three lawyers selected, this is more than any other Los Angeles-based immigration law firm. Only five percent of the attorneys in California are listed in Super Lawyers each year, and it is reserved for those lawyers who exhibit excellence in practice. This is the eighth consecutive year in which Mr. Wolfsdorf has been listed in Southern California Super Lawyers. Wolfsdorf Immigration Law Group

Upcoming Wolfsdorf Immigration Law free webinars include “EB-5 – $500,000/$1M Investor Green Cards – Part 4 – Setting Up a Regional Center” with Bernard Wolfsdorf on Tuesday, February 5, 2013, from 12:30 – 1:45 p.m. (PST); and “Religious Worker Visas – Ordained & Non-Ordained” with Clifford Rosenthal on Wednesday, February 13, 2013.

Stephen Yale-Loehr was interviewed on a nationally syndicated radio show about immigration reform.

Stephen Yale-Loehr was also quoted in Bloomberg News. He noted, “Immigration reform, like tax and Social Security reform, is very complex. Even if everyone wants reform, it may still take a long time to get a bill through Congress.”

Stephen Yale-Loehr was quoted on NBCLatino.com in an article, “Growing Number of States Grant Lower Tuition Rates for Undocumented Students,” published on January 18, 2013. Mr. Yale-Loehr noted that action at the state level may not be enough to address what is a nationwide issue. “Many of these students came at an early age and had no say in coming to the United States. As a practical matter we’re never going to deport them. Congress has to address comprehensive immigration reform.”

Stephen Yale-Loehr was quoted in the Chronicle of Higher Education on immigration reform, published on January 28, 2013. He noted that the nation’s immigration system “took 20 years to get broken; it can’t be fixed overnight.” He said he doubted immigration reform legislation would be enacted this year, “but I hope I’m wrong.”

Back to Top


8. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

Back to Top

https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2013-02-01 00:00:472019-09-05 11:55:57News from the Alliance of Business Immigration Lawyers Vol. 9, No. 2A • February 01, 2013

Archive

  • July 2020
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • October 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009
  • September 2009
  • August 2009
  • July 2009
  • June 2009
  • May 2009
  • April 2009
  • March 2009
  • February 2009
  • January 2009
  • December 2008
  • November 2008
  • October 2008
  • September 2008
  • August 2008
  • July 2008
  • June 2008
  • May 2008
  • April 2008
  • March 2008
  • February 2008
  • January 2008
  • December 2007
  • November 2007
  • October 2007
  • September 2007
  • August 2007
  • July 2007
  • June 2007
  • May 2007
  • April 2007
  • March 2007
  • February 2007
  • January 2007
  • December 2006
  • November 2006
  • October 2006
  • September 2006
  • August 2006
  • July 2006
  • June 2006
  • May 2006
  • April 2006

ABIL is a corporation with over 40 top-rated immigration law firms and 1,500+ professionals.

News

  • BRAZIL: Accepting Work Authorization Applications Thorugh New Digital Certificate System
  • News from the Alliance of Business Immigration Lawyers Vol. 15, No. 9D • September 22, 2019
  • News from the Alliance of Business Immigration Lawyers Vol. 15, No. 9C • September 15, 2019
  • News from the Alliance of Business Immigration Lawyers Vol. 15, No. 9B • September 08, 2019

Sign Up for our Newsletters

Sign up for our Immigration Insider & Global Updates Newsletters

Select list(s) to subscribe to


By submitting this form, you are consenting to receive marketing emails from: Alliance of Business Immigration Lawyers, 11 Dupont Circle, N.W., Washington, DC, 20036, https://www.abil.com. You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact
© Alliance of Business Immigration Lawyers (ABIL) All Rights Reserved 2023
  • Facebook
  • Twitter
  • LinkedIn
  • Home
  • About
  • ABIL Lawyers
  • Global Immigration
  • Services
  • Industries
  • Resources
  • Contact
Scroll to top