Immigration Law

USCIS RELEASES RULE EXTENDING F-1 PRACTICAL TRAINING TO 29 MONTHS

Posted on April 04, 2008
But before you jump for joy, this only applies if you have an employer using E-Verify and you must be in a profession in the sciences, technology, engineering or math. This will potentially give a big boost to the electronic verification system and I'll have much more to present on E-Verify soon...

EXTENSION BILLS ADVANCE IN HOUSE

Posted on April 04, 2008
The House Judiciary Committee voted through the four immigration bills I mentioned earlier this week. The bills extended the special immigration religious worker, J-1 physician waiver, EB-5 regional center investor programs and also allow for extensions of P-1 visas beyond five years for athletes.

THE ABCS OF E-VERIFY

Posted on April 04, 2008
Suddenly employers have a powerful new incentive to use E-Verify given the shortage of H-1B visas that force many F-1 students to leave the country upon conclusion of their training programs. F-1 students who work for employers using E-Verify will get 29 months of training instead of just 12...

MY SUMMARY OF THE OPT RULE

Posted on April 04, 2008
Folks - Given the extremely important news from today on OPT extensions, I'm rushing to put together a detailed FAQ which I will try and upload this evening. So stay tuned. On the E-Verify questions, I've already put together what I think is one of the most complete articles on the subject and have updated it a few posts ago...

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USCIS AND FBI ANNOUNCE PLAN TO ELIMINATE SECURITY CLEARANCE BACKLOGS

Posted on April 03, 2008
According to the agencies, they hope to be able to turn around 98% of cases within 30 days and the remaining 2% within 90 days. They plan on achieving this by June 2009. In the mean time, the agencies hope to meet the following completion goals: May 2008 - Process all name checks pending three years or more July 2008 - Process all name checks pending two years or more November 2008 - Process all name checks pending more than one year February 2009 - Process all name checks pending more than six months June 2009 - Meet the time...

30 DAY O-1 PROCESSING BILL PASSES IN HOUSE JUDICIARY COMMITTEE

Posted on April 02, 2008
HR 1312, a bill that mandates O-1 visas be adjudicated in 30 days or less (or be automatically converted at no cost to the applicant to premium processing), has passed the House. The bill also mandates USCIS adjudicate a premium-processed case within 30 days of documentation being supplied in response to a request for evidence...

FOUR IMMIGRATION BILLS SET TO ADVANCE ON WEDNESDAY

Posted on April 01, 2008
The House Judiciary Committee is set to markup four immigration bills on Wednesday. None of the bills are particularly controversial, though movement on the measures is seen as important because if the bills advance, they would be the first pro-immigration ones to pass since the Democrats took control of Congress 15 months ago...

15% OF ARIZONA EMPLOYERS ARE USING E-VERIFY

Posted on April 01, 2008
Since Arizona law mandates all employers use E-Verify, this means 85% of Arizona employers are breaking the law.

DREW CAREY ON THE BECKHAM FACTOR

Posted on April 01, 2008
Comedian Drew Carey nicely makes the case that there is nothing new in the immigration debate and that the arguments used today to oppose immigration are the same as 100 years ago. They were wrong then and they are wrong today.

UK'S IMMIGRATION POLICIES HELPING THEM OUT-COMPETE US

Posted on April 01, 2008
Dartmouth business school dean Matthew Slaughter opines in today's Wall Street Journal that British companies have a huge advantage over their US counterparts because their immigration policies are not as restrictive. Nonetheless, leading U.S. companies today are crying out for more immigrants to satisfy their talent needs...

17 MONTH OPT COMING FOR F-1 STUDENTS

Posted on April 01, 2008
The American Immigration Lawyers Association is reporting that USCIS has sent an interim final rule to the Office of Management and Budget that would expand from 12 to 17 months the period of time F-1 students can have for optional practical training...

MVL VIDEO CONTEST FINALIST #5

Posted on April 01, 2008

MVL VIDEO CONTEST FINALIST #4

Posted on April 01, 2008

MVL VIDEO CONTEST FINALIST #3

Posted on April 01, 2008
Here's one from my friend Will Coley.

MVL VIDEO CONTEST FINALIST #2

Posted on April 01, 2008

MVL VIDEO CONTEST FINALIST #1

Posted on April 01, 2008
Movement Vision Lab, an organization linking grassroots activists, has held a competition to make a film for YouTube on the importance of immigration to the US. Here are the five finalists.

THE YIN AND YANG OF IMMIGRATION

Posted on March 31, 2008
Ruben Navarrette, Jr. always has something interesting to say about immigration and in a piece he's written for CNN, he's highlighted the contradiction in American's attitudes toward illegal immigration - we are against illegal immigration except to the extent we are not...

HOW ILLEGALLY PRESENT IMMIGRANTS HELP BOTH THE ELDERLY AND THE YOUNG

Posted on March 30, 2008
Don't let the article's title fool you. The writer ultimately finds that the immigrants help both groups and not just one. The elderly are helped because many of the immigrants - particularly illegally present immigrants - will never collect Social Security benefits despite paying billions of dollars in to the system...

NY TIMES AND WASHINGTON POST COVER HORSLEY ENTRY DENIAL

Posted on March 30, 2008
Two of America's leading papers are covering the entry denial of British author Sebastian Horsley. The Post has an editorial taking CBP to task for what they call using "torpid judgment" in denying entry to someone who poses no danger to the American public...

DEMOCRATIC CONGRESSMEN WARN ON EXPANDING E-VERIFY RIGHT NOW

Posted on March 30, 2008
Representatives Charlie Rangel (D-NY) and Michael McNulty (D-NY) have sent a "Dear Colleague" letter warning members of Congress not to sign the Republican discharge petition that would bring the Shuler immigration enforcement bill to the House floor for a vote...

RHODE ISLAND LATEST STATE TO GET EMPLOYER SANCTIONS RULES

Posted on March 29, 2008
This time it's via an Executive Order from Governor Donald Carcieri. The order mandates that all new state employees be checked in E-Verify and that all business contracting with the state (as well as their subcontractors) use E-Verify. The order also mandates that the Rhode Island State Police enter in to a 287(g) agreement with Immigration and Customs Enforcement...

DRIVING WHILE LATINO

Posted on March 29, 2008
This is not exactly news, but it does serve as a reminder of the risks we take as a society when we make local police immigration agents.

IMMIGRATION HUMOR: TOMORROW'S DAY LABORERS?

Posted on March 28, 2008

NO-MATCH RULE COULD WREAK HAVOC WITH SOCIAL SECURITY SYSTEM

Posted on March 28, 2008
The Social Security Trustees have released a new report showing that illegally present immigrants paying in to the Social Security system have had a substantially positive impact in cutting the deficit in the Social Security system. As the White House pushes to get a Social Security no-match rule released, has the President leveled with the American public on the impact of taking millions of workers' payroll taxes out of the system?

SKILLED WORKER VISA BACKERS PUSH WHITE HOUSE FOR ADMINISTRATIVE SOLUTIONS

Posted on March 28, 2008
While Congress remains paralyzed in dealing with immigration issues and another H-1B blackout about to begin, supporters of skilled worker immigration are pushing the Bush Administration to look at solutions that don't require legislation. One proposal would involve increasing the time foreign students can work in practical training following their completion of US university programs...

RELIGIOUS RIGHT LEADER APOLOGIZES OVER GAY IMMIGRATION RIGHTS REMARK

Posted on March 28, 2008
As Congress gets closer to considering the Uniting American Families Act (UAFA), some of the critics of the bill are getting nasty. The bill would allow gay couples to sponsor partners to immigrate as immediate relatives, just as married straight couples can...

BREAKING NEWS: SHULER CLAIMS MCCAIN KILLED ENFORCEMENT BILL

Posted on March 28, 2008
In the first sign that John McCain is trying to get the immigration hardliners in the GOP under control, Democratic Congressman Heath Shuler, the sponsor of a tough immigration bill that was being promoted heavily by GOP House members, claims the GOP presidential nominee has called in his chits to block the bill from being heard on the House floor...

OKLAHOMANS ASK "WHAT HAVE WE DONE?"

Posted on March 28, 2008
Economists discuss a new study showing HB 1804, one of the nation's toughest anti-immigration laws could cost Oklahomans $3 billion per year. Ouch! Download hb_1804_study.pdf

NEVADA ATTORNEY GENERAL: US CONSTITUTION ACTUALLY MEANS SOMETHING

Posted on March 27, 2008
The Nevada Attorney General was asked to opine on whether a new rule allowing the Tax Commission to impose fines on employers with business licenses that hire illegally present workers was legal. The answer is no and here's why, according to the opinion: IRCA preempts state laws imposing civil or criminal sanctions, but does not preempt "licensing or similar laws...

KOWALSKI COMMENTS ON SAM AHMAD CASE

Posted on March 27, 2008
A few days ago I blogged about Sam Ahmad, the heroic US translator who was recently denied permanent residency because of his membership in a Kurdish political party that is actually part of the Iraqi governing coalition. My friend Dan Kowalski has written a great op-ed piece taking USCIS to task for this ridiculous decision.

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