Immigration Law

IMMIGRATION REFORM WITHOUT ALL THAT MESSY REFORM

Posted on February 25, 2009
My friends Gary Endelman and Cyrus Mehta have written a very thoughtful piece here on ILW.com that discusses how we can accomplish many of the goals of comprehensive immigration reform within the existing immigration system framework. Sure there would be some legislative changes needed, but the ideas they are proposing don't require the monumental lift that is necessary for CIR...

USCIS ANNOUNCES MODEST EXPANSION OF I-140 PREMIUM PROCESSING

Posted on February 24, 2009
Under the prior rules, you had to be in H-1B status and your six years of H-1B time had to be ending within 60 days. As of March 2, 2009, you are also eligible if you're no longer in H-1B status and your six years are finished. So, for example, if you used up your H-1B time and switched to another non-immigrant status or you left the country, you should be eligible...

IMMIGRATION MEASURES INTRODUCED IN CONGRESS

Posted on February 24, 2009
Several immigration-related developments on Capitol Hill today. First, a provision extending E-Verify and the EB-5 regional centers until September was included in the big omnibus spending bill coming tomorrow. Also, Congresswoman Lofgren introduced HR 1127, a separate bill extending the Conrad 30 and religious worker bills past the March deadline until next September as well...

DID THE UK JUST LAUNCH A TRADE IN SERVICES WAR?

Posted on February 23, 2009
"You only think I guessed wrong! That's what's so funny! I switched glasses when your back was turned! Ha ha! You fool! You fell victim to one of the classic blunders! The most famous is never get involved in a land war in Asia, but only slightly less well-known is this: never go in against a Sicilian when death is on the line! Ha ha ha ha ha ha ha! Ha ha ha ha ha ha ha! Ha ha ha...

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IMMIGRANT OF THE DAY: HARRI KULOVAARA - NAVAL ARCHITECT

Posted on February 23, 2009
Finnish-born Harri Kulovaara is designing what will be the largest cruise ship in the world when it is completed later this year. Royal Carribean's Oasis of the Seas will carry 6,300 passengers, 2,000 more than any other ship. The ship is unusual in that it is divided in to two halves, each with a six story tower of cabins with enough space between the two towers to fit a football-field sized park...

TWO MORE IMMIGRATION APPOINTEES ANNOUNCED

Posted on February 23, 2009
Two biggies today. John Morton, a career prosecutor with experience in immigration enforcement at the Department of Justice was named by President Obama to head up Immigration and Customs Enforcement (ICE). More interesting to me is the appointment by DHS Secretary Janet Napolitano of Esther Olavarria as the Deputy Assistant Secretary for Policy...

IMMIGRANT OF THE DAY: HUGH JACKMAN - OSCAR HOST

Posted on February 22, 2009
The Academy Awards are on now and immigrants are being showered with awards as was the case last year (more on that later). But the show kicked off with an immigrant theme with Australian-born host Hugh Jackman becoming the first foreign-born host in several years to host...

Q & A ON THE NEW MILITARY RECRUITMENT PROGRAM FOR VISA HOLDERS AND PERMANENT RESIDENTS

Posted on February 22, 2009
My friend Margaret Stock has prepared a highly detailed document outlining the requirements to participate in the new non-citizen recruiting program for health care professionals and translators.

HOLLYWOOD GOES BOLLYWOOD - IMMIGRANTS OF THE DAY

Posted on February 22, 2009
Oscar has an Indian-accent tonight with the UK/Indian production Slumdog Millionaire the big winner of the evening - including joining the ranks of the greatest films of all time with the coveted Best Picture award. Foreign-born artists were again richly rewarded for their work at the 81st Academy Awards...

WHAT'S THE POINT OF HAVING A CONSTITUTION?

Posted on February 21, 2009
Here's a town in California that has decided it will ignore federal law and do its own I-9 audits of local employers to determine whether they should be able to keep their business licenses. Even the anti-immigrant groups pushing state laws on immigration enforcement don't go this far in terms of letting a municipality take matters into their own hands...

THE ANGRY SPOUSE

Posted on February 20, 2009
The National Law Journal reports on an interesting case involving the Virginia assistant attorney general and his "mail order" Colombian bride. The case involves a divorce action that involves some sordid accusations against the US citizen husband. But the interesting part for me is the question of whether a judge can bar the US citizen from contacting USCIS regarding the immigration status of his wife...

PRESIDENT OBAMA COMMENTS ON HIS IMMIGRATION PLANS

Posted on February 20, 2009
Thanks to America's Voice for the update: President Obama Renews Commitment to Move on Comprehensive Immigration Reform this Year President Understands Voters? Desire for Common-Sense Action Washington, DC ? In an interview with radio show host El Piolín this week, President Obama renewed his campaign pledge to move forward on comprehensive immigration reform legislation this year, including a path to citizenship for undocumented immigrants who go through background checks, pay taxes, and get at the back of the citizenship line...

WHO?

Posted on February 20, 2009
The Washington Post is reporting a couple of obscure names as the likely people to head USCIS and ICE. Readers who know more about these folks are encouraged to speak up: Immigration Picks Immigrant advocates say the White House and the Department of Homeland Security have nearly finalized their choices to lead two major immigration agencies...

SHERIFF JOE MUST GO

Posted on February 19, 2009
Immigration advocacy group America's Voice is sponsoring an online petition drive calling on the Justice Department to investigate Sheriff Joe Arpaio, the virulently anti-immigrant sheriff of Maricopa County, Arizona, one of the most populous counties in America...

ICE INVESTIGATING BALTIMORE OFFICE

Posted on February 18, 2009
ICE is investigating its Baltimore office over orders to switch from emphasizing deporting criminals and people who were evading deportation orders and instead to target Hispanic-looking workers gathering at day laborer sites.

LEAHY PUSHES FOR SAME-SEX COUPLE IMMIGRATION RIGHTS

Posted on February 17, 2009
Despite the fact that several US states recognize same-sex marriages and civil unions, US immigration authorities are barred from granting permanent residency status to partners of US citizens and permanent residents. The reason for this is the Defense of Marriage Act (DOMA) passed in 1996 that bars federal agencies from conferring any recognition to same sex marriages...

NAPOLITANO LAYS OUT IMMIGRATION PLANS

Posted on February 17, 2009
New Homeland Security Secretary Janet Napolitano had an interview with NPR's Madeleine Brand where she discusses her priorities for DHS. No big revelations, but it does tell a bit more about what to expect from the Administration.Not unsurprisingly there's a lot of talk about enforcement...

ARMY PROMISES CITIZENSHIP IN EXCHANGE FOR SERVICE

Posted on February 15, 2009
Non-immigrant visa holders and green card holders will be eligible to obtain US citizenship within six months of enlisting in the military under a plan announced yesterday by the US Army. The program will initially be open to 1000 individuals. Non-immigrants must have been in the US for at least two years to be eligible...

HOUSE JUDICIARY COMMITTEE CALLS ON JUSTICE DEPARTMENT TO INVESTIGATE SHERIFF JOE

Posted on February 15, 2009
Sheriff Joe may have finally gone too far. Sally Kohn describes his latest antics at Huffington Post:This week, having already done everything imaginable to turn himself into a national right-wing celebrity by terrorizing undocumented immigrants, Sheriff Joe turned to the unimaginable...

IMMIGRANT OF THE DAY: JIN KYU ROBERTSON - US ARMY CAPTAIN

Posted on February 14, 2009
Korean-born Jim Kyu Robertson has lived a truly American story. She came from modest means in her native country for a housemaid job at the age of 22. When she arrived, the job was gone and she managed to survive waiting tables in a restaurant. She worked on her English skills and enrolled in college...

LIGHTER SANDERS H-1B PROVISION INCLUDED IN STIMULUS BILL

Posted on February 13, 2009
Reports in some quarters that the Sanders Amendment was stripped from the stimulus were incorrect and the measure remains in the stimulus bill about to be voted on by both Houses of Congress. The bar on all hiring of H-1Bs by banks receiving bailout funds was modified in the Senate and now allows the banks to hire H-1B workers but comply with the H-1B dependency rules...

11 INDICTED IN H-1B FRAUD CASE

Posted on February 13, 2009
ICE has announced the arrests of eleven individuals in seven states as part of an investigation in to visa and mail fraud. The arrested were employees of Vision Systems Group, Inc., a New Jersey company that is a so-called "job shop" placing IT workers from India...

HARVARD BUSINESS SCHOOL REPORT: LINK BETWEEN H-1Bs FOR SCIENTISTS AND ENGINEERS AND NUMBER OF INVENTIONS

Posted on February 13, 2009
Harvard Business School has released a report showing a correlation between rises and decreases in the H-1B cap and the amount of innovation (measured in patent applications). The paper is very technical, but I know there are a lot of technical folks who read this blog so I'll leave it readers to give their thoughts in the comments.

IMMIGRANT OF THE DAY: TAPAN THAKUR - PHYSICIAN

Posted on February 12, 2009
The American College of Physicians has honored Indian-born Tapan Thakur, MD as one of the nation's top ten hospitalists. Thakur works right in my home town of Memphis and was noted for his development of a new system to improve patient care by re-engineering communications both within the hospital and with referring physicians.

E-VERIFY STRIPPED OUT OF STIMULUS BILL

Posted on February 12, 2009
Still awaiting the final language, but given the anger coming on the antis' web sites, that's a basic confirmation. Also awaiting confirmation that the Sanders H-1B amendment was knocked out.

SCHUMER WILL HEAD SENATE IMMIGRATION SUBCOMMITTEE

Posted on February 12, 2009
Congressional Quarterly (subscription required) is reporting the news. This can only be considered outstanding for the pro-immigration community. The senior Democratic senator from New York is one of the best friends the pro-immigration community has in Congress.

S-T-U-P-I-D

Posted on February 11, 2009
That's how best-selling author Thomas Friedman describes the anti-H-1B measure passed in the Senate last week. He has an excellent opinion piece in the New York Times defending the H-1B visa program and explaining why we need MORE, not fewer, talent workers in the US if we are to revitalize the economy and keep the US on top...

MARCH VISA BULLETIN NEWS

Posted on February 11, 2009
The big headline this month involves Mexicans in the "other workers" EB-3 category (available to workers who are not considered skilled or professional). The visa queue jumped a full year and a half for them (going from a 7 1/2 year wait to a 6 year wait)...

SISKIND'S IMMIGRATION BULLETIN - FEBRUARY 10, 2009

Posted on February 11, 2009
Folks who haven't been to my firm's web site at www.visalaw.com may not know that I co-write (along with my colleague Ken Bragdon), Siskind's Immigration Bulletin. Our firm has been publishing this newsletter online since mid-1994 and, to the best of our knowledge, it was the very first law firm email newsletter in the world...

H-1B VISAS AND THE BANKS - THE REAL STORY

Posted on February 11, 2009
Unfortunately, facts are not important to the AP. So the National Foundation for American Policy has been doing the investigating that reporters are apparently too lazy to do themselves: A National Foundation for American Policy analysis finds the Associated Press report overstated the current use of H-1B visas by these institutions by combining 6 years of past data and focusing on applications filed with the Department of Labor, which often exaggerate actual visa usage because employers may file applications for multiple geographic areas for one individual to comply with H-1B wage rules...

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