Immigration News Updates November 11, 2009
Fight for Immigration Reform
http://www.impre.com/laopinion/opinion/opinion/2009/11/18/fight-for-immigration-reform-159453-1.html
October 2, 2009
2011 Diversity Visa Lottery Program Begins
Washington, DC
The Department of State announces the opening of the registration period for the DV-2011 Diversity Visa lottery. Entries for the DV-2011 Diversity Visa lottery must be submitted electronically between noon, Eastern Daylight Time (EDT) (GMT-4), Friday, October 2, 2009, and noon, Eastern Standard Time (EST) (GMT-5), Monday, November 30, 2009. Applicants may access the electronic Diversity Visa entry form (E-DV) at
www.dvlottery.state.gov during the registration period. Paper entries will not be accepted. Applicants are strongly encouraged not to wait until the last week of the registration period to enter. Heavy demand may result in website delays. No entries will be accepted after noon EST on November 30, 2009.
The congressionally mandated Diversity Immigrant Visa Program is administered on an annual basis by the Department of State and conducted under the terms of Section 203(c) of the Immigration and Nationality Act (INA). Section 131 of the Immigration Act of 1990 (Pub. L. 101-649) amended INA 203 and provides for a class of immigrants known as “diversity immigrants.” Section 203(c) of the INA provides for 55,000 Diversity Visas (DVs) each fiscal year to be made available to persons from countries with low rates of immigration to the United States.
For DV-2011, natives of the following countries are not eligible to apply because the countries sent a total of more than 50,000 immigrants to the United States in the previous five years:
BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, ECUADOR, EL SALVADOR, GUATEMALA, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PERU, PHILIPPINES, POLAND, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM. Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.
No countries have been added or removed from the list of eligible countries. The list of eligible countries remains the same as for DV-2010.
For detailed information about entry requirements, along with frequently asked questions about the DV lottery, please see the instructions for the DV-2011 DV lottery available at
www.dvlottery.state.gov .
September 24, 2009
By Teresa Watanabe and Anna Gorman
Immigration Officers Consider More Fee Increases
Immigrant rights groups fear that further fee hikes would cut many out of the citizenship application process. The immigration agency, which must be self-supporting, faces a $118-million shortfall.
U.S. immigration officials are considering another possible round of fee increases and budget cuts next year, prompting concern among immigrant rights groups.
Alejandro Mayorkas, the new director of the U.S. Citizenship and Immigration Services, said during a visit to Los Angeles on Wednesday that "financial challenges" have caused the agency to consider potential fee increases but no decision has been made.
The agency is facing a $118-million revenue shortfall this year in part because applications for citizenship and skilled worker visas are below projections, according to officials.
Citizenship applications plunged to 58,000 last year from 254,000 the previous year in the Southern California district. Most experts blame the decline on a fee increase of 69% to $675 in 2007.
But immigration officials said the agency is required by law to be self-supporting and that the fee increase was required because a special congressional appropriation to help reduce application backlogs had run out.
To help close the shortfall, Mayorkas said, the agency has requested $206 million from Congress.
"It is financially responsible to examine all of the options that are available . . . as the agency confronts financial challenges," Mayorkas said.
Immigrant advocates said, however, that any additional fee increase would severely hamper legal immigrants from pursuing citizenship.
"Right now the high cost of citizenship is putting the dream of naturalization out of reach of low- and moderate-income legal permanent residents, and any future increase will just make the situation worse," said Rosalind Gold of the National Assn. of Latino Elected and Appointed Officials Educational Fund in Los Angeles.
Mayorkas, a Cuban immigrant and former top Los Angeles federal prosecutor, took over as head of the immigration agency last month. He said he would seek to make it "one of the jewels" of the Obama administration through engagement with the public, efficient service and transparent procedures.
As an example, Mayorkas cited the bilingual website launched this week that includes a way for people to get e-mail updates on the status of their applications.
He said the agency had made significant progress in reducing application backlogs, dropping the wait on citizenship applications from more than one year to less than five months.
In addition, the agency is determined to improve integration of new immigrants and citizens, Mayorkas said. Just last week, U.S. Citizenship and Immigration Services announced that 13 organizations, including three in California, will receive a total of $1.2 million in federal funding to expand citizenship education and preparation programs.
And the agency is preparing for the possibility of legislation that could result in millions of undocumented immigrants applying for legalization, Mayorkas said. Already, he said, the agency has more than 130 support centers throughout the nation ready to accept more than 6 million applications.
"We are focused on ensuring that we are ready to address comprehensive immigration reform," said Mayorkas.
August 26, 2009
The H-1B Cap Is Not Reached Yet
In a dramatic change from recent years, it has been more than 4 months since the H-1B filing period began and USCIS reports that it has not yet reached the H-1B cap for the fiscal year 2010. This has been one of the biggest surprises of the year. As of August 14, 2009, approximately 45,000 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed and this showed there was not much change in the H-1B cap numbers since April.
The economic recession and TARP funding rules have made H-1B hiring difficult. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
Contact our office immediately to assist you with your H-1B filing.
April 30, 2009
Secretary Napolitano Announces President Obama’s Intent to Nominate Alejandro Mayorkas as U.S. Citizenship and Immigration Services Director
“I am proud to announce President Obama’s intent to nominate Alejandro Mayorkas as U.S. Citizenship and Immigration Services (USCIS) Director. Alejandro comes to the Department of Homeland Security with broad experience as the former United States Attorney for the Central District of California and, most recently, as a partner at O’Melveny and Myers, where he was named one of the ‘50 Most Influential Minority Lawyers in America’ by the National Law Journal.
Alejandro’s expertise covers a wide array of issues critical to the Department, including law enforcement, civil rights, computer crime and international money laundering.”
Additional information regarding Alejandro Mayorkas from Los Angeles Times, May 1, 2009
Born in Cuba, Mayorkas was the U.S. attorney for the Central District of California from 1998 to 2001. He since has served as a litigation partner at the Los Angeles-based law firm O'Melveny and Myers, where he represents large corporations and other clients in high-profile cases here and overseas.
Robert C. Bonner -- a former federal judge, U.S. attorney in Los Angeles and the first commissioner of Customs and Border Protection -- said Mayorkas had the skills to run the overburdened and underfunded agency, which will play a central role in the Obama administration's promised overhaul of U.S. immigration policy.
"Improving the capabilities of CIS is critical to dealing with immigration reform," said Bonner, who is now in private practice in Los Angeles. "I have the highest regard for Ali, who is the right person and at the right time to make CIS functional. He has the personal and management skills that will be needed for what is one of the most difficult jobs in Washington."
April 30, 2009
From the New York Times - Immigration Agents to Turn Focus to Employers
WASHINGTON — In an effort to crack down on illegal labor, the
Department of Homeland Security intends to step up enforcement efforts against employers who knowingly hire such workers.
Under guidelines to be issued Thursday to Immigration and Customs Enforcement field offices, agents will be instructed to take aim at employers and supervisors for prosecution “through the use of carefully planned criminal investigations.”
Senior officials of the Homeland Security Department said Wednesday that illegal workers would continue to be detained in raids on workplaces. But the officials said they hoped to mark an abrupt departure from past practices by making those arrests as part of an effort to build criminal and civil cases against employers.
Under the Bush administration, the officials said, most raids were conducted largely on the basis of tips that an employer was hiring illegal workers, rather than on information gleaned from audits of employer records or undercover investigations. As a result, agents rounded up thousands of illegal immigrants but rarely developed the evidence necessary to show whether businesses were knowingly using illegal labor.
Last year, for example, nearly 6,000 people were arrested in workplace immigration raids across the country, but only 135 were employers or managers. The new guidelines, meant to provide a road map to agents who have been operating with little guidance and oversight from Washington, instruct them to pursue evidence against the employer before going after the workers.
“Enforcement efforts focused on employers better target the root causes of illegal immigration,” say the guidelines, a copy of which was obtained by The New York Times. “ICE must prioritize the criminal prosecution of actual employers who knowingly hire illegal workers because such employers are not sufficiently punished or deterred by the arrest of their illegal work force.”
The rules could draw a storm of complaints from employers, who argue that they are easily duped by workers with bogus documents and that the government has not established a reliable system for verifying immigration status.
The rules are likely to win praise, though, from advocates who have long considered raids at work sites to be symbols of a crackdown that, they say, violates workers’ rights and divides immigrant families while ignoring employer abuses. Raising the bar on what is required to undertake such raids could result in fewer of them.
The guidelines are a significant step toward President Obama’s pledge to overhaul the nation’s immigration system. The president’s aides said recently that he would ask Congress this year to consider changes that among other things would give legal status to the estimated 12 million illegal immigrants now in the country.
March 27, 2009
Possibility of Good News for College Students –DREAM ACT Reintroduced
Washington, DC - Yesterday, Senators Richard Durbin (D-IL) and Richard Lugar (R-IN) introduced the Development, Relief, and Education for Alien Minors (DREAM) Act; while Representatives Howard Berman (D-CA), Lucille Roybal-Allard (D-CA), and Lincoln Diaz-Balart (R-FL) introduced a House version of the bill called the "American Dream Act."
The D.R.E.A.M. Act, would provide certain immigrant students who graduate from an American High School, are of good moral character, arrived in the US as children, and have been in the country continuously for at least five years prior to the bill's enactment, the opportunity to earn conditional permanent residency. The students will obtain temporary residency for a period of six years. Within the six year period, a qualified student must attend college, and earn a two year degree, or serve in the military for two years in order to earn citizenship after the six years period. If student does not comply with either his/her college requirement or military service requirement, temporary residency will be taken away and student will be subjected to deportation.
March 13, 2009
According to FederalTimes.com CIS will digitize immigration applications for processing
March 11, 2009
Citizenship and Immigration Services will spend at least a half-billion dollars so it can process immigration applications over the Internet — instead of through the U.S. mail.
The agency signed a five-year contract with IBM in November; the company will be the lead systems integrator on the project. It’s tasked with digitizing the agency’s processing system, which currently relies on some 70 million paper files scattered at hundreds of locations across the country. That means a big workload for IBM, and a growing one: The agency processes more than 5 million applications each year, all of which eventually need to be converted to an electronic format.
The IBM contract — the latest in a series of modernization projects at the agency — could eventually shave months off processing times.
“We want to be able to deliver simple things, fast,” said Michael Aytes, the agency’s acting deputy director and a longtime career employee. “Naturalization is one thing … that will take a few months. But renewing your permanent residency card? That shouldn’t take months.”
The first step of the project, according to Aytes, is to digitize the agency’s files. That will also require modernizing the agency’s processes. It currently handles applications by mailing files from one service center to another; a single application can sometimes cross desks in a half-dozen cities. Aytes said the agency will eventually have to retrain employees on the new digital system, and change some job functions: A single claims processor will have full access to an immigrant’s file, so he’ll be able to process more of the application.
CIS eventually wants to allow every immigrant to check his or her application status online — and to use its Web site to communicate with applicants.
“You ought to have an account like with any Internet service,” Aytes said. “We ought to be able to remind you, via e-mail, that you need to renew a document.”
But CIS faces some unique challenges because of the sensitive nature of its work. Aytes said technology won’t eliminate the need for immigrants to visit field offices; they’ll probably be required to establish their online accounts in person. And the agency has struggled with ways to uniquely identify each applicant. One possibility: scanning fingerprints and storing those with the digital application.
The project has already faced an early delay: Another firm that had sought the contract, Accenture, filed a bid protest with the Government Accountability Office in late November. The protest was withdrawn a month later, according to GAO, but it still delayed the start of IBM’s work.
IBM declined to comment on the protest, or the contract itself, for this report.
The agency is also trying to reduce its backlog of paper applications, even as it begins converting them to digital format. It’s being helped by a decrease in immigration — a result of the recession — and an extra $20 million Congress approved for backlog reduction in the 2008 budget. Most of that money was used to hire an additional 2,000 employees to process claims; it’s not being used to pay for the modernization contract.
Instead, CIS is using user fees. The agency raised fees in 2007 for most types of immigration applications; the extra money is paying for the IBM contract.
The electronic system could eventually pay for itself, Aytes said.
CIS spends tens of millions of dollars each year just to maintain its paper files — and then there are the unexpected costs, such as dealing with lawsuits over delayed cases.
“We’re being sued 1,000 times per month,” Aytes said.
CIS has also struggled to define its modernization goals. A 2007 GAO report criticized the agency’s planning efforts as “unfocused” and “duplicative.”
Officials at CIS say they’ve fixed the problem by creating a transformation office that will oversee the project — similar to the role the Business Transformation Agency plays at the Defense Department. Lead systems integrator contracts have also created problems for the Homeland Security Department. The Coast Guard’s Deepwater modernization program, for example, has been plagued by cost overruns and lengthy delays.
November 21, 2008
AILF and IPC Applaud Selection of Governor Janet Napolitano for DHS
Washington, DC- The American Immigration Law Foundation (AILF) Director, Ben Johnson and Immigration Policy Center (IPC) Director, Angela Kelley issued the following joint statement in response to the recent selection of Governor Janet Napolitano (D-AZ) as Secretary of the Department of Homeland Security (DHS) nominee.
"Arizona Governor, Janet Napolitano is an outstanding choice to head the Department of Homeland Security. In choosing Napolitano, the incoming administration has tapped a leader with a deft combination of political savvy and policy know-how. As a border governor, Napolitano has been in the eye of the immigration storm and has shown she understands that it is in our nation's interest to not only secure our borders, but also to provide for a realistic and practical immigration system that is in tune with our country's economic needs. Napolitano has been leading voice for comprehensive immigration reform, including improved border security measures and a system to bring undocumented immigrants 'out of the economic shadows.' Her lifetime of public service is a testament to her incredible integrity, aptitude, and commitment to the American people."
For more information and background on the nomination, visit
ImmigrationImpact.org
November 12, 2008
Obama victory took root in Kennedy-inspired Immigration Act (of 1965)
By Peter S. Canellos
Globe Staff, November 11,2008
WASHINGTON - Barack Obama's victory last week triggered an immediate accounting of debts to be paid off in constructing his new administration. There were those who speculated that Obama would be building a White House staff of loyal old Chicago hands. Others foresaw a bevy of Clintonistas. And still others had a vision of a kind of Kennedy redux that wags quickly dubbed "Obamalot."
After all, Caroline Kennedy had emerged from her shell of shyness to head Obama's vice-presidential search team, after joining her Uncle Ted on a national barnstorming tour with Obama in the days leading up to Super Tuesday. Her exertion not only signaled her enthusiasm for Obama, but also her willingness to be a greater presence in public life: Some now envision her as a possible UN ambassador.
Her cousin, Robert F. Kennedy Jr., has spent decades developing credibility as a global environmental activist, and some people close to the Kennedy family feel he, too, is ready to emerge on the national stage, having overcome a troubled youth. They see him as a possible Environmental Protection Agency chief.
There is no question that Obama owes a debt to the Kennedys - but it may be far greater than he or they realize. Yes, Senator Edward M. Kennedy offered a crucial early endorsement, comparing the Obama of 2008 to the Jack Kennedy of 1960. And certainly Caroline and others in the Kennedy family worked hard on the campaign trail. But the greatest Kennedy legacy to Obama isn't Ted or Caroline or Bobby Jr., but rather the Immigration Act of 1965, which created the diverse country that is already being called Obama's America.
That act is rarely mentioned when recounting the high points of 1960s liberalism, but its impact arguably rivals the Voting Rights Act, the creation of Medicare, or other legislative landmarks of the era. It transformed a nation 85 percent white in 1965 into one that's one-third minority today, and on track for a nonwhite majority by 2042.
Before the act, immigration visas were apportioned based on the demographic breakdown that existed at the time of the 1920 Census - meaning that there were few if any limits on immigrants from Western and Northern Europe, but strict quotas on those from elsewhere.
The belief that the United States should remain a nation of European lineage was openly discussed when immigration laws were revisited in 1952. The resulting bill, the McCarran-Walter Act, was notorious for giving the State Department the right to exclude visitors for ideological reasons, meaning that a raft of left-wing artists and writers - including Chilean poet Pablo Neruda, British novelist Graham Greene - and scores of others were denied visas. But it also had the effect of maintaining the 1920s-era notion of the United States as a white nation. (Congress imposed the bill over President Truman's veto.)
A decade later, attitudes were changing, and President Kennedy proposed a new immigration structure that would no longer be based on national origins. After Kennedy's assassination, his brother Ted took up the fight, pushing the Johnson administration to go even further than it wanted in evening the playing field. Though Lyndon Johnson, in signing the bill, tried to reassure opponents that it wouldn't do much to change the balance of immigration, its impact was dramatic.
In the 1950s, 53 percent of all immigrants were Europeans and just 6 percent were Asians; by the 1990s, just 16 percent were Europeans and 31 percent were Asians. The percentages of Latino and African immigrants also jumped significantly.
Simon Rosenberg, president of the liberal think tank NDN, formerly the New Democrat Network, calls the Immigration Act of 1965 "the most important piece of legislation that no one's ever heard of," and said it "set America on a very different demographic course than the previous 300 years."
By adding so many Asians, Latinos, and African immigrants, Rosenberg says, the act changed the racial narrative in America from one of oppression - the white-black divide dating to slavery - to one of diversity. That change was strongly echoed in the Obama campaign, which emphasized the candidate's mixed-race background as making him representative of a new generation of Americans.
That generation has its roots in the Immigration Act of 1965, and the act had its roots in the Kennedys. Obamalot may be the modern reflection of JFK's New Frontier, after all.
October 23, 2008
The New American Electorate: The Growing Political Power
of Immigrants and Their Children
This new and innovative analysis from Immigration Policy Center explores the growing electoral power of "New American" voters: immigrants who are naturalized U.S. citizens and the U.S.-born children of immigrants. These voters will likely play a pivotal role in national, state, and local elections in the years to come-particularly in battleground states like Florida, Colorado, Nevada, and New Mexico.
View C-Span Coverage of the Report Release {Video}.
View the briefing presentation {PDF}.
Detailed supplemental tables for every Congressional district on the number of voting-age citizens who are naturalized immigrants, Latinos, and Asians are also available:
Voting-Age Adult Citizens by Nativity and State/Congressional District, 2007 {PDF}.
Voting-Age Adult Citizens by Race/Ethnicity and State/Congressional District, 2007{PDF}.
August 13,2008
Visa Recapture Bill Passed in House Immigration Subcommittee
On 7/31/08 and 8/1/08, the House Judiciary Subcommittee on Immigration held a mark-up session and approved the visa recapture bill (H.R.5882) by a vote of 8-1. The bill is originally sponsored by Representative Zoe Lofgren (D-CA), chair of the House Subcommittee on Immigration. This bill proposes to recapture employment-based immigrant visas lost since 1992 to bureaucratic delays and to prevent losses of family- and employment-based immigrant visas in the future. It is estimated that 216000 green cards will be recaptured which would help to alleviate the employment based backlogs.
Currently, USCIS consistently fails to use all the annual immigrant visa numbers. At the same time, there are hundreds of thousands of aliens waiting for visa numbers. Under current law, these unused immigrant visa numbers are wasted: they cannot be "rolled over" to the next year. Representative Lofgren's bill intends to recapture these unused visas. If the bill is passed, USCIS will be able to issue these recaptured visa numbers to applicants in the following year.
If passed, this bill would significantly alleviate the current EB visa bulletin issue, especially retrogression for applicants born in China and India.
This bill will now go to the full House Judiciary Committee for review, but no date has been scheduled yet. If the full House Judiciary Committee passes it, it needs to go to the House of Representatives and Senate for discussion. If both the Senate and the House of Representatives pass the bill, it will go to the President for signature before it becomes an act. So it will still be awhile before this bill becomes an act, if it is passed at all.
As the immigration subcommittee members have a greater influence on immigration bills, we encourage our readers to contact these members to support this bill. Below, are the members of the immigration subcommittees and their contact information. We urge our readers and their attorneys to contact lawmakers in support of this bill:
Please use the instructions provided below to make the phone calls.
(1) Call the congressman/woman office and request to speak with the aide who handles Legislative and Immigration matters
2) If they are not available leave a VM for them -
"I would like Representative "Representative Name" to support HR 5882, bill to recapture the green cards lost due to processing and bureaucratic delays. As you may already know that this is a bi-partisan bill with wide bipartisan support in the house and will help improve American competitiveness & reduce the back logs associated with USCIS. This bill is non controversial measures that will help US to stay competitive with a highly educated and skilled work force and address family based backlogs also.
Immigration, Refugees and Border Security Subcommittee in US Senate
Edward M. Kennedy (MA, Chair)
317 Russell Senate Building
Washington D.C. 20510
Tel: (202) 224-4543
Fax: (202) 224-2417
http://Kennedy.senate.gov/senator/contact.cfm
Joseph R. Biden, Jr. (DE)
201 Russell Senate Office Building
Washington, D.C. 20510
Tel: (202) 224-5042
Fax: (202) 224-0139
http://biden.senate.gov/services/contact/
Dianne Feinstein (CA)
331 Hart Senate Office Building
Washington, D.C. 20510
Tel:: (202) 224-3841
Fax: (202) 228-3954
http://feinstein.senate.gov/public/index.cfm?FuseAction=ContactUs.EmailMe
Charles E. Schumer (NY)
313 Hart Senate Building
Washington, DC 20510
Tel: (202) 224-6542
Fax: (202) 228-3027
http://schumer.senate.gov/SchumerWebsite/contact/webform.cfm
Richard J. Durbin (IL)
309 Hart Senate Bldg.
Washington, DC 20510
9 am to 6 pm
(202) 224-2152 - ph
(202) 228-0400 ¨C fx
http://durbin.senate.gov/contact.cfm
John Cornyn (TX)
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: (202) 224-2934
Fax: (202) 228-2856
http://cornyn.senate.gov/public/index.cfm?FuseAction=Contact.ContactForm
Charles E. Grassley (IA)
135 Hart Senate Office Building
Washington, DC 20510-1501
Tel: (202) 224-3744
http://grassley.senate.gov/public/index.cfm?FuseAction=Contact.Home
Jon Kyl (AZ)
730 Hart Senate Building
Washington, D.C. 20510
Tel: (202) 224-4521
Fax: (202) 224-2207
http://kyl.senate.gov/contact.cfm
Jeff Sessions (AL)
335 Russell Senate Office Building
Washington, DC 20510 -0104
Tel: (202) 224-4124
Fax: (202) 224-3149
http://sessions.senate.gov/public/index.cfm?FuseAction=ConstituentServices.ContactMe
Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law in US House
Zoe Lofgren (CA, Chair)
102 Cannon House Office Building
Washington, DC 20515
Tel: (202) 225-3072
http://lofgren.house.gov/emailform.shtml
Luis V. Gutierrez (IL)
2367 Rayburn Building
Washington, DC 20515
Tel: (202) 225-8203
http://luisgutierrez.house.gov/singlepage.aspx?newsid=1262
Howard L. Berman (CA)
2221 Rayburn House Office Building
Washington, D.C. 20515
Tel: (202) 225-4695
http://www.house.gov/berman/contact/index.shtml
Sheila Jackson-Lee (TX)
2435 Rayburn Building
Washington, DC 20515
Tel: (202) 225-3816
http://www.jacksonlee.house.gov/contact.shtml
Maxine Waters (CA)
2344 Rayburn House Office Building
Washington, DC 20515
Tel: (202) 225-2201
http://www.house.gov/waters/IMA/issue.htm
Bill Delahunt (MA)
2454 Rayburn House Office Building
Washington, DC 20515
Tel: (202) 225-3111
William.Delahunt@mail.house.gov
Linda T. Sanchez (CA)
1007 Longworth House Office Building
Washington, DC 20515
Tel: (202) 225-6676
Artur Davis (AL)
208 Cannon H.O.B.
Washington, D.C. 20515
Tel: (202) 225-2665
Keith Ellison (MN)
1130 Longworth House Office Building
Washington, DC 20515
Tel: 202-225-4755
http://ellison.house.gov/index.php?option=com_content&task=view&id=87
Anthony Weiner (NY)
1122 Longworth House Office Building
Washington DC 20515
Tel: (202) 225-6616
Weiner@mail.house.gov
Steve King (IA)
1432 Longworth Office Building
Washington DC 20515
Tel: (202) 225-4426
http://www.house.gov/steveking/email.shtm
Elton Gallegly (CA)
2427 Rayburn House Office Building
Washington, DC 20515-0523
Tel: (202) 225-5811
Bob Goodlatte (VA)
2240 Rayburn House Office Building
Washington, DC 20515
Tel: (202) 225-5431
http://www.house.gov/goodlatte/emailbob.htm
Dan Lungren (CA)
2448 Rayburn House Office Building
Washington, DC 20515
https://forms.house.gov/lungren/forms/email.shtml
J. Randy Forbes (VA)
307 Cannon House Office Building
Washington, DC 20515
Tel: (202) 225-6365
http://forbes.house.gov/zipauth.html
Louie Gohmert (TX)
508 Cannon Building
Washington, DC 20515
Tel: (202) 225-303
http://gohmert.house.gov/contact_louie.htm
June 17, 2008
Surge in Immigration Prosecutions Continues
According to the Transactional Records Access Clearing house (TRAC), Syracuse University "Federal immigration prosecutions continued their recent and highly unusual surge in March 2008, apparently reaching an all-time high, according to timely data obtained from the Justice Department by TRAC. The total of 9,350 such prosecutions was up by almost 50% from the previous month and 73% from the previous year. The spurt in the prosecution of individuals charged with various immigration crimes is the result of "Operation Streamline." Under this recently intensified administration policy, according to news reports and interviews with federal public defenders, the government has charged a rapidly growing number of undocumented aliens with various federal criminal charges, almost all in selected districts along the Mexican border. "Operation Streamline" began as a pilot project in December 2005 in Del Rio, Texas. "
The data further show that virtually every one of the individuals referred by the investigative agencies for prosecution -- 99% of them -- are then being charged by the U.S. Attorneys, and that the resulting median or typical sentence is one month.
To read the latest TRAC immigration report, go to:
http://trac.syr.edu/immigration/reports/188/
May 22, 2008
Mayor Michael Bloomberg Argues that the True Key to Innovation is Immigration
New York City Mayor Michael Bloomberg, in a commencement address http://www.philly.com/inquirer/opinion/20080521_Demand_true_change_from_presidential_candidates.html to University og Pennsylvania graduates, argued "For America, the key to innovation boils down to one word. The key to innovation is immigration. Our nation's greatest historic strength is that we've always welcomed the best and brightest from every corner of the globe.
And yet every year, Congress shuts the door to hundreds of thousands of doctors, scientists, engineers and artists from around the world who want to work here. It's the greatest case of national self-sabotage and attempted suicide I can imagine. If our country's future is going to be as great as our past, we have to start realizing that immigrants have always been - and always will be - one of our greatest economic and cultural assets."
February 2008
Proposed European Blue Card System: US will now be competing against EU for talented and skilled foreign workers
The European Union has unveiled a proposal for a Blue Card system which would mean a single European work visa for all of its countries. This plan is being bolstered by an advertising campaign to attract skilled workers.
Comparable to the US green card, which grants lawful permanent residence based on employment, this legislation aims to make Europe a bigger player on the emerging global labor market, enhancing its competitiveness and luring highly skilled workers to Europe ? and away from countries like the United States and Australia who currently are leaders in attracting skilled workers.
What this means is that the US will have more competition in obtaining the "best and the brightest" scientists, researchers, professors, and other professionals from other countries.
The scheme is based on the rationale that Europe is stronger when it works together to attract skilled workers than as individual Member States. The European Commission noted that while non-national highly skilled workers make up 3 percent of the labor force in the United States and 7 percent in Canada, highly skilled non-Europeans form only 1.7 percent of the employed population in Europe.
The reasoning behind the development of this program is an estimated short-fall of 20 million skilled and non-skilled workers in Europe by the year 2030.
Non-Immigrant Visa Fees to Increase World-wide on January 1, 2008
On January 1, 2008, the fee to apply for any non-immigrant visa to enter the United States, including tourist, business, student and other visas will increase to $131 dollars world-wide. This same fee inscrease will also apply to Border Crossing Cards (commonly know as "Laser Visas") for applicants in Mexico. Mexican nationals under the age of 15 applying in Mexico for a tourist visa or border crossing card will continue to have the option to pay an application fee of $13.00 for a visa that will not extend past their 15th birthday.
Application fees of $100 paid prior to January 1, 2008, will be accepted until January 31, 2008. After January 31, all applicants will be required to have paid the equivalent of $131 dollars at the time of processing, regardless of the date of original application.
Thursday, October 3, 2007
Permanent Resident Cards Without Expiration Dates Must Be Replaced - USCIS Proposes Rule Setting 120-day Replacement Period
WASHINGTON-U.S. Citizenship and Immigration Services (USCIS) announced today a proposal to require nearly 750,000 lawful permanent residents carrying "green cards" without an expiration date to replace their current cards.
USCIS published in today's Federal Register a rule open for public comment that proposes to require lawful permanent residents to apply for a new Permanent Resident Card (Form I-551), commonly referred to as a "green card," during a 120-day filing period. The change would allow USCIS to issue more secure permanent resident cards, update cardholder information, conduct background checks, and electronically store applicants' fingerprint and photographic information.
USCIS estimates that 750,000 residents will be affected. Those with expired cards may wish to apply now to beat the rush. USCIS Filing Fee is $375.00
Friday, September 7, 2007
SSA "No-Match" Letters
Important Update
On August 31, 2007, the U.S. District Court for the Northern District of California issued a temporary restraining order against the Department of Homeland Security and the Social Security Administration to enjoin and restrain them from implementing the Final Rule entitled "Safe-Harbor Procedures for Employers Who Receive a No-Match Letter." (AFL-CIO, et al. v. Chertoff, et al. (N.D. Cal. Case No. C 07 4472 CRB
Description of SSA "No-Match" Letter
Every year the Social Security Administration (SSA) informs thousands of employers via a letter entitled "Employer Correction Request," commonly known as "No-Match" letters, that the Social Security numbers employers provided on W-2 Forms for certain employees do not match SSA's records. An employer should take reasonable steps to resolve the mismatch, and apply these reasonable steps uniformly to all employees referenced in the enclosed SSA letter.
The Department of Homeland Security (DHS) has issued a regulation on the "Safe Harbor Procedures for Employers Who Receive a "No-Match" Letter." .This regulation clarifies the employer's legal obligations under the current immigration law and provides additional guidance on the steps employers must take after receipt of an employer "No-Match" letter from SSA or a letter from DHS regarding employment verifications.
SSA is not currently changing its procedures for issuing "No-Match" letters or its guidance on how to correct Social Security records. In addition, SSA has no tax or immigration law enforcement role. However, DHS has advised, that the information provided in the "No-Match" letter could expose the employer to potential liability under the immigration law. To provide employers with guidance on how to respond to "No-Match" letters consistent with employers' obligations under U.S. immigration laws, SSA's release of the Tax Year 2006 "No-Match" letters will be accompanied by a letter from the DHS. SSA plans to release the TY 2006 "No-Match" letter to employers beginning in September.
Friday, August 31,2007
DV Lottery Information
The DV-2009 Lottery online entry begins at Noon EDT on October 3, 2007, and ends at Noon EST on December 2, 2007. Information and instructions for the DV-2009 lottery will appear on the http://travel.state.gov/visa/immigrants/types/ , as soon as possible. Please check the website at a later time for Diversity Visa information updates.
The DV-2008 entry registration period, which was October 4 through December 3, 2006 is over.
USCIS Warns of Potential for Immigration Fraud
Washington, D.C.- Although Congress has been debating immigration legislation, all customers should be advised that currently no temporary worker program exists for aliens unlawfully present in the United States. Congress has not passed any legislation that would create a temporary worker program. Therefore, there are no benefits currently available because this program does not exist. Customers should not pay any fees or fines to any person or organization claiming they can help apply for or receive benefits for a temporary worker program. Be wary of persons or organizations that claim they can assist in applying for benefits that do not exist.
-USCIS -
Aviso Publico
USCIS Alerta sobre Posibilidad de Fraude Migratorio
Washington, D.C.- A pesar que el Congreso ha estado debatiendo la legislación migratoria, se informa a todos los usuarios que actualmente no existe un programa de trabajadores temporales para extranjeros viviendo ilegalmente en los Estados Unidos. El Congreso no ha pasado ninguna ley que contemple la creación de un programa de trabajadores temporales. Por lo tanto, no existen beneficios disponibles en este momento porque el programa no existe. Los usuarios no deben pagar honorarios ni multas a ninguna persona u organización que diga que les puede ayudar a solicitar o a recibir los beneficios de un programa de trabajadores temporales. Ser precavidos con las personas u organizaciones que les prometen que pueden ayudarles a solicitar estos beneficios que no existen.
-USCIS -
Tuesday, July 17,2007
USCIS Announced Today Employment-based Adjustment of Status Applications Will Now be Accepted Beginning Immediately
WASHINGTON-U.S. Citizenship and Immigration Services (USCIS) announced that,beginning immediately, it will accept employment-based applications to adjust status (Form I-485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107. USCIS will accept applications filed not later than August 17, 2007.
On July 2, 2007, USCIS announced that it would not accept any additional employment-based applications to adjust status. USCIS made that announcement after receiving an update from the Department of State that it would not authorize any additional employment-based visa numbers for this fiscal year. After consulting with USCIS, the Department of State has advised that Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining employment visa number availability, and that Visa Bulletin #108 (dated July 2) has been withdrawn.
"The public reaction to the July 2 announcement made it clear that the federal government's management of this process needs further review,"said Emilio Gonzalez, USCIS Director. "I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations."
USCIS's announcement today allows anyone who was eligible to apply under Visa Bulletin No .107 a full month's time to do so. Applications already properly filed with USCIS will also be accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will apply to all other applications filed on or after July 30, 2007).
Thursday, July 3, 2007
USCIS Announces Visa Unavailability Despite July 2007 Department of State Visa Bulletin Showing Availability of Visas
On June 17, 2007 U.S. Department of State released July 2007 Visa Bulletin showing all employment-based visa categories available for those meeting the requirement of the category. On July 2, 2007- The very first day that the USCIS was supposed to accept I-485 filings from all employment-based applicants, the U.S. Department of State (DOS) issued the following statement: " UPDATE ON JULY VISA AVAILABILITY: The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following: Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. Employment preference numbers will once again be available to these charge ability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation." This is an unprecedented action by the government. It has left many in a state of disbelief and anger.
Should I File My I-485 or Not?
Since the visa dates have become unavailable, effective July 2,2007, you will have to decide if you wish to file your I-485 Adjustment of Status Application, since USCIS will reject it. If you file your I-485 Adjustment of Status Application with the expectation that USCIS will reject your case, you will later be able to submit that rejection as evidence to show harm in a lawsuit against USCIS, already in the works. It is useful to maintain documentation, like delivery to the USCIS during July 2007 and the returned package from USCIS, as evidence of the filing.
Wednesday, May 30,2007
Department of Homeland Security (DHS) Publishes Final Rule on the New Fee Schedule
WASHINGTON- Following a comprehensive review of more than 3,900 public comments, U.S. Citizenship and Immigration Services (USCIS) announced today a final fee structure. This rule adjusts the fee schedule for U.S. Citizenship and Immigration Services (USCIS) immigration and naturalization benefit applications and petitions, including nonimmigrant applications and visa petitions. Based on comments received by USCIS during the public comment period, this rule changes the fees for adjustment of status applications, and the fee waiver and exemption eligibility criteria for several immigration benefits. Previously the fee of $905 for an Application to Register Permanent Residence or Adjust Status, Form I-485, was based on USCIS' projected overall cost of processing the average application, regardless of the applicant's age. Under the final rule, the standard fee for filing a Form I-485 by an individual will be $930; the fee for a child under the age of fourteen years will be $600 when submitted concurrently for adjudication with the application of a parent. Previously the fee of $330 and additionally $70 for a biometric for an Application for Naturalization, Form N-400 now under the final rule, the standard fee for filing a Form N-400 will be $675 including the biometric fee. This rule is effective July 30, 2007. Applications or petitions mailed, postmarked, or otherwise filed, on or after July 30, 2007 must include the new fee. More information on the final rule including a chart explaining the fee schedule for applications or petitions is posted at www.uscis.gov .
Monday, May 21, 2007
Senate Votes to Proceed with Floor Debate on Comprehensive Immigration Reform
The senate voted today to begin formal consideration of comprehensive immigration reform legislation. Immediately following this vote, Majority Leader Harry Reid (D-NV) agreed to extend debate after the Memorial Day recess. Consideration of amendements to the placeholder bill S.1348 is expected to begin tomorrow with a substitute amendment that would replace the current contents of the bill with the "Grand Bargain" legislation negotiated last week.
Tuesday, April 3, 2007
USCIS REACHES FY 2008 H-1B CAP
WASHINGTON-U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2008(FY 2008). USCIS will use a random selection process(described below) for all cap-subjuect fillings received on April 2, 2007 and April 3, 2007. USCIS will reject and return along with filing fee(s) all petitions received on those days that are not randomly selected.
Wednesday, March 7, 2007
Citizenship Promotion Act of 2007 Introduced in Both Chambers
On 3/7/07, Senator Barak Obama (D-IL) and Representative Luis Gutierrez (D-IL) introduced the Citizenship Promotion Act of 2007 (S. 795/H.R. 1379). The bill would authorize U.S. Citizenship and Immigration Services (USCIS) to request and receive appropriations to make up the difference between fees charged to applicants and the full resources needed to fund operations and infrastructure.
By authorizing such appropriations, the Citizenship Promotion Act would alleviate the need for substantial fee increases recently proposed by USCIS and prevent mounting costs from becoming a barrier to citizenship. AILA strongly supports passage of this legislation and issued a press release lauding introduction of the bill on 3/7/07.
Original cosponsors of the Citizenship Promotion Act include Senators Bingaman (D-NM), Menendez (D-NJ), and Salazar (D-CO), and Representatives Abercrombie (D-HI), Grijalva (D-AZ), Honda (D-CA), Pastor (D-AZ), Reyes (D-TX), Schakowsky (D-IL), and Solis (D-CA
Tuesday, March 6, 2007
DREAM Act Reintroduced in Both Chambers
On 3/6/07, Senator Richard Durbin (D-IL) introduced the Development, Relief, and Education for Alien Minors (DREAM) Act of 2007 (S. 774) in the Senate. During the previous week, on 3/1/07, Representative Howard Berman introduced similar legislation, the American Dream Act (H.R. 1275), in the House.
The DREAM Act and American Dream Act would make certain undocumented students eligible for a six-year conditional permanent resident status upon high school graduation. These students could then apply to have the conditional basis of their permanent residence status lifted after completing at least two years of higher education or serving for at least two years in the U.S. military.
The bills would also repeal section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA), which requires states that provide the in-state tuition rate to undocumented students to provide the same tuition rate to out-of-state residents.
Original cosponsors of the American Dream Act (H.R. 1275) include Representatives Howard Berman (D-CA), Lincoln Diaz-Balart (R-FL), Ileana Ros-Lehtinen (R-FL), and Lucille Roybal-Allard (D-CA).
Original cosponsors of the DREAM Act (S. 774) include Senators Richard Durbin (D-IL), Chuck Hagel (R-NE), Richard Lugar (R-IN), Edward Kennedy (D-MA), Patrick Leahy (D-VT), Russ Feingold (D-WI), Barack Obama (D-IL), Joseph Lieberman (I-CT), Larry Craig (R-ID), Mike Crapo (R-ID), and John McCain (R-AZ).
Wednesday, February 28, 2007
Immigrants boost pay, not prison populations, new studies show Immigrants are less likely to go to prison than U.S.-born residents of the same ethnic group and they boost pay for natives, research says.
According to an article published in the Los Angeles Times, on Wednesday, February 28, 2007 by Teresa Watanabe, "Two new studies by California researchers counter negative perceptions that immigrants increase crime and job competition, showing that they are incarcerated at far lower rates than native-born citizens and actually help boost their wages.
Watanabe notes that, "A study released Tuesday by the Public Policy Institute of California found that immigrants who arrived in the state between 1990 and 2004 increased wages for native workers by an average 4%. UC Davis economist Giovanni Peri, who conducted the study, said the benefits were shared by all native-born workers, from high school dropouts to college graduates, because immigrants generally perform complementary rather than competitive work. As immigrants filled lower-skilled jobs, they pushed natives up the economic ladder into employment that required more English or know-how of the U.S. system, he said. 'The big message is that there is no big loss from immigration,' Peri said. 'There are gains, and these are enjoyed by a much bigger share of the population than is commonly believed."
Watanabe also goes on to say that, "Another study released Monday by the Washington-based Immigration Policy Center showed that immigrant men ages 18 to 39 had an incarceration rate five times lower than native-born citizens in every ethnic group examined. Among men of Mexican descent, for instance, 0.7% of those foreign-born were incarcerated compared to 5.9% of native-born, according to the study, co-written by UC Irvine sociologist Ruben G. Rumbaut. Both studies are based on U.S. census data, which includes both legal and illegal immigrants. They were released just days before the U.S. Congress is to restart debate on major immigration reform legislation and as numerous states, including Texas, consider harsh measures against illegal migrants. The authors say their work shows that immigrants clearly benefit U.S. residents and are being unfairly scapegoated for problems they do not cause."
To read more about these articles go to: www.latimes.com
Thursday, February 1, 2007
NEWS FLASH! U.S. CITIZENSHIP FEE INCREASES
According to an article published in the Los Angeles Times, on Thursday, February 1, 2007 the U.S. immigration authorities have proposed a significant increase on application fees for citizenship and permanent residency, assuring the public that this is a necessary step in order to facilitate the improvement in the quality of immigration services. Immigration authorities argue that with the net gain they will accumulate from the increase in fees they will not only be able to shorten processing time but better the services they provide to the public. The proposed fee increases can be imposed without legislative action and are expected to take effect in June 2007.