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  • Articles RSS Feed

    Published on 05-15-2013 04:04 PM

    Bloggings on Nurse and Allied Health Immigration

    Chris Musillo

    JUNE 2013 VISA BULLETIN


    The*Department of State has just released the June 2013 Visa Bulletin.**

    This Visa Bulletin showed incredible progress in the EB-3 numbers for All Other and China, each of which moved ahead by more than one year. *China's EB-2 numbers also improved, moving forward by two months.


    India's EB-3 finally progressed into 2003, but it looking like a ten year Indian EB-3 retrogression shortly will be with us unless there is Comprehensive*Immigration Reform. *India EB-2 remained frozen.

    As MU Law mentioned earlier, we expect the*Philippine*EB-2 number to remain Current or near Current until Spring/Summer 2013, when it should become*unavailable*as it does most Summers.
    *

    *
    *Read the Musillo Unkenholt Healthcare and Immigration Law Blog at*www.musillo.com*or*www.ilw.com. *You can also*visit us on*Facebook*and follow us on*Twitter.
    Published on 05-15-2013 03:46 PM

    Blogs on Immigration Law and Policy

    by Greg Siskind

    Summary of the Day's Amendments to Senate Bill 744

    The Senate Judiciary Committee began this morning wrapping up Title I amendments before moving on the non-immigrant visas in Title IV. They'll pick up there on Thursday and then will try to get in to the E-Verify provisions. Here is my summary of the 15 amendments that passed today.

    ...
    Published on 05-15-2013 02:17 PM

    Bloggings on Immigration Law

    by Roger Algase

    Bloggings: Reform, What Could Stop Thee? Let Me Count The Ways. By Roger Algase

    With my apologies to Elizabeth Barrett Browning for the heading, this comment will look at some of the main obstacles to passage of immigration reform, current and recent, and offer a few off the cuff thoughts on which, if any, of them may have a serious chance of derailing the Senate Gang of Eight's CIR bill. I do not claim *to offer a comprehensive, detailed analysis of this issue, but will only make a few brief observations.

    First, there was Boston. As soon as it developed that the bombing suspects were Chechen Muslims who were born in and had family connections to a dangerous and violent part of the world, the aha! gotcha! signal went up among right wing immigrant-haters, who tried to use the deaths of four innocent people (one of whom was a student from China) and the horrible injuries to so many others as an excuse to delay or block CIR.*

    Now, a month after the bombing, it is safe to say that this terrible insult to the victims of the Marathon attack, namely using their suffering and the grief of their families as an excuse to continue deporting 11 million Latino, Asian and other unauthorized immigrants, mainly of color, didn't work.

    Next, there is Benghazi. This ...

    Published on 05-15-2013 01:27 PM

    Some Notes On Excellence

    by Anthony Guidice

    Some Notes On Excellence

    Your job today tells me nothing of your future—

    your use of your leisure today tells me just what your tomorrow will be.

    - Robert H. Jackson

    A law professor friend of mine sent me a copy of a law student's question earlier this morning. It got me thinking. There is something I've been meaning to address about that kind of complacency. I've been thinking about it a long time.

    I don't think anyone can be a good attorney unless they very badly ...

    Published on 05-14-2013 04:14 PM

    The Senate Immigration Bill S.744 – Reasons to Cheer?

    by Ann Cun

    The Senate Immigration Bill S.744 – Reasons to Cheer?

    With all the discussions about the Senate’s immigration bill S.744, it’s hard to keep track of substance from chatter. Last week, the Senate Judiciary Committee began marking up the long bill. In the meantime, I’ve dug up a few provisions that gives employers reasons to cheer (though not too loudly).

    Last summer, when the Department of Homeland Security announced the Deferred Action for Childhood Arrivals program, one of the biggest questions employers had was how the offering of documentation evidencing proof of employment to employees who were applying for DACA could affect the employer’s liability for knowingly employing unauthorized workers. (Read the article here.) It was a bit tricky to predict if USICS would pass the information on to ICE, and if so, how ICE would interpret the documentation. At least with the latest version of the Senate immigration bill S.744, it carves out various provisions that give employers a bit more breathing room!

    1. Section 245B: Adjustment of Status to Registered Provisional ...

    Published on 05-14-2013 03:28 PM

    Blogs on Immigration Law and Policy

    by Greg Siskind

    Advocacy Groups Call for Suspension of Deportations for Potential RPIs

    From the NY Times' Julia Preston:

    Labor, Latino and immigrant advocate groups called on President Obama on Monday to suspend deportations of illegal immigrants who could be eligible for a pathway to citizenship under a bipartisan bill to overhaul the immigration system that is under consideration in the Senate.

    Among the organizations demanding that the White House halt most removals were the A.F.L.-C.I.O., the country’s largest federation of labor unions; the Mexican American Legal Defense and Educational Fund, or Maldef, a Latino civil rights group; the National Day Laborer Organizing Network; and United We Dream, a national group representing young illegal immigrants. They said Mr. Obama should act immediately, even before Congress votes on the bill.

    Published on 05-14-2013 03:23 PM

    Bloggings on Immigration Law

    by Roger Algase

    Bloggings: The Gang of Eight vs. the Gang of Hate Will Determine the Fate of People Who Want to Immigrate. By Roger Algase

    A May 13 Politico article, Gang of 8 looks to defend guest worker plan, describes how*the bipartisan Senate Gang of Eight is holding together against attempts from the right to break up its unity and thereby doom CIR to the same oblivion that it encountered in 2007.*

    While the numerous amendments that have been offered in the Senate Judiciary Committee so far are not all from the right (as in the case of Committee Chairman Patrick Leahy's marriage equality amendment) the clear purpose of many of them is to create dissension between the Democratic and Republican GOE members and as a result kill CIR.

    Examples are two poison pill**"border security" amendments which were rejected by the committee after being offered by two fierce Republican opponents of reform, Senator Jeff Sessions (Alabama) and Senator Ted Cruz (Texas) respectively.

    The Politico article goes on to state:

    "But the Gang's rock solid unity is already fueling anger from conservatives and critics of the immigration bill, who are accusing the bipartisan coalition of exercising undue influence on immigration policy behind closed doors."

    The article quotes Senator Sessions as follows:

    "One of the things that upsets the American people about Washington is drafting a bill with special interests in secret and jamming it across the finish line in a way that minimizes public involvement and input...This legislation needs improvement and openness."

    Let's take a closer look at the "improvement and openness" that Senator Jeff Sessions stands for. An April 18 article in America's Voice by Matt Hildreth sheds some light in this regard. It is entitled:*Anti-Immigrant Senator Sessions Is Leading The Gang of Hate. Who Else Will Join Him?*Here is the link:

    americasvoiceonline.org/blog/anti-immigrant-senator-sessions-is- leading-the-gang-of-hate-who-else-will-join-him/

    ...
    Published on 05-13-2013 06:12 PM

    DO WE STILL NEED PERM LABOR CERTIFICATION? AN ANALYSIS OF THE MERITS-BASED POINTS SYSTEM IN BSEOIMA

    by Gary Endelman and Cyrus D. Mehta

    We continue to analyze the provisions of the Border Security, Economic Opportunity and Immigration Modernization Act of 2013, s. 744 (BSEOIMA), which seeks to bring about dramatic changes to the existing immigration system in the United States.  One of the most  transformative changes that BSEOIMA will bring, if enacted, is a merits-based points system. For previous blogs on BSEOIMA, we refer readers to Workable or Unworkable: The H-1B and L-1 Provisions in BSEOIMA, s. 744 and Some Preliminary Observations Regarding The Proposed Border Security, Economic Opportunity And Immigration Modernization Act. 
    There will be a two track merits-based system under BSEOIMA.  The first track points-based merits system will have 120,000 to 250,000 merit-based visas. The second track non-points merits system applies to long term residents, and this track does not have a cap. By creating a points system, Congress has voted “No Confidence” in the labor certification program as a way to provide US employers with the talent they and the economy needs. This lack of confidence is also evident in other parts of BSEOIMA where STEM graduates with advanced degrees can be directly sponsored for green cards by employers without going through the arduous labor certification process. 
    Perhaps, it has also dawned on Congress about the futility of the labor market test that is conducted on behalf of a foreign worker for green card sponsorship who is already hired by the employer.  A good faith test of the labor market even if conducted by a well-intentioned employer will likely fail, at least from the Department of Labor’s (DOL) view, if the foreign worker is already in the position. The statutory basis for labor certifications, which in its current form is known as PERM (Program Electronic Review Management), is provided in INA §212(a)(5) of the Immigration and Nationality Act ("INA"). Under INA §212(a)(5), an alien is deemed "inadmissible unless the Secretary of Labor" certifies, inter alia, that "there are not sufficient workers who are able, willing, qualified…and available at the time of application" among the U.S. workforce. Out of this simple mandate in the INA, the DOL has built a complex regulatory structure that has delegated to the employer to conduct a good faith text of the US labor market. While in the real world an employer selects the best workers based both on an objective and subjective set of criteria, the DOL requires employers to demonstrate that only minimally qualified workers are available for the position. The labor certification process neither compels nor incentivizes an employer to hire the best workers, but it also does not result in the creation of US jobs. If a minimally qualified worker applies for the position, all that happens is that the labor certification cannot be filed. 
    The first track points-based system moves away radically from the labor certification system as it allows a foreign national to apply for permanent residency without a specific employer’s sponsorship. It  will take effect five years after the enactment of BSEOIMA. During  the first four years from enactment,  visas shall be made available to the backlogged EB-3 preferences. From the fifth year onwards,  50 % of visas shall be allocated to applicants who get the highest number of points under Tier 1. The remaining 50% of visas shall be allocated to applicants who get the highest number of points under Tier 2. 
    Under Tier 1, points will be assigned as follows:
    A. Education
    • 15 points for a doctoral degree
    • 10 points for a master’s degree
    • 5 points for a bachelor’s degree from an institution of higher education in the US
    B.    Employment Experience
    No more than 20 points can be allocated as follows:
    • 3 points for each year an alien has been lawfully employed in a zone 5 occupation
    • 2 points for each year the alien has been lawfully employed in a zone 4 occupation
    C. Employment Related To Education
    An alien who is in the US and is employed full time or has an offer of full time employment in a field related to the alien’s education
    • In a zone 5 occupation shall be allocated 10 points
    • In a zone 4 occupation shall be allo0cated 8 points
    D. Entrepreneurship

    An alien who is an entrepreneur in a business that employs at least 2 employees in a zone 4 or zone 5 occupations shall be allocated 10 points
    E. High Demand Occupation
    An alien who is employed full-time or has an offer of full-time employment in a high demand 1 shall be allocated 10 points
    F. Civic Involvement
    An alien who has attested that he or she has engaged in  significant amount of community service shall be allocated 2 points
    G. English Language
    An alien who received a score of 80 or more on the Test of English as a Foreign Language, or an equivalent score on similar test, shall be allocated 10 points
    H. Siblings and Married Sons and Daughters of Citizens
    An alien who is the sibling of a citizen of the United States or who is more than 31 years of age and is the married son or married daughter of a citizen of the United States shall be allocated 10 points
    I. Age
    An alien who is:
    • between 18 and 24 years of age shall be allocated 8 points
    • between 25 and 32 years of age shall be allocated 6 points
    • between 33 and 37 years of age shall be allocated 4 points
    J. Country of Origin
    An alien who is a national of a country of which fewer than 50,000 nationals were lawfully admitted to permanent residence in the US in the previous 5 years shall be allocated 5 points.
    Under Tier 2, points will be assigned as follows:
    A. Employment Experience
    An alien shall be allocated 2 points for each year the alien has been lawfully employed in the US, for a total of not more than 20 points
    B. Special Employment Criteria
    Published on 05-13-2013 06:02 PM

    Why The China Born EB-3 Has Surpassed Eb-2 Visa Availability For The First Time Since October 1993.

    by Alan Lee

    The phenomenon has struck again of the EB-2 (employment-based 2nd preference - members of the professions holding advanced degrees or persons of exceptional ability) visa availability date for China being surpassed by the EB-3 (employment-based ...

    Published on 05-13-2013 04:25 PM

    Segal for AILA Board of Governors Campaign Statement

    by Heather Segal

    ...

    Published on 05-13-2013 03:09 PM

    Bloggings on Dysfunctional Government

    by Angelo Paparelli

    No Time for Rich-Whining, CIR Advocates Must Stay Focused on the Senate

    Thumbnail image for grand vin Lafite.jpgWhile most of the nation fixated this week on black and brown American heroes in Cleveland, the attention of immigration advocates diverged.  They vacillated between delight with the imploding anti-immigration conservative movement and nail-biting over votes on a flood of amendments to the massive, bipartisan Gang of Eight bill in the Senate Judiciary Committee.

    Schadenfreude abounded over the fall of Jason Richwine, proponent of the discredited eugenical theory of low-IQ Hispanic immigrants and co-author of an error-filled study, “The Fiscal Cost of Unlawful Immigrants and Amnesty to the U.S. Taxpayer.” Apparently gobsmacked by the torrent of criticism, Richwine resigned from the Heritage Foundation, which promptly distanced itself from the man, if not his report. 

    Frissons of excitement intensified with the prospect that Richwine’s fall would, at long last, also unmask the rantings of nativist groups, too long disguised as principled think tanks, and cause Republican pragmatists and evangalelicals to reject the wingnuts on their party’s fringe. If anyone needed convincing of the link between opposition to immigration reform and white supremacists, then Rachel Maddow’s tour de force report vaporizes all doubt:

    ...
    Published on 05-13-2013 02:24 PM

    Blogs on Immigration Law and Policy

    by Greg Siskind

    The Photo Tool: Will it Be the Beginning of Government Tracking Everyone

    Wired Magazine's David Kravets raises some serious questions tied to the new E-Verify biometric requirements in the proposed immigration legislation. How serious of a threat to Americans' liberties does it pose? Talk amongst yourselves.

    Issa To Be a Big Player on House Side

    Darryl Issa (R-CA)has generally not been a major player on immigration. The House Oversight Committee Chairman has been tasked with crafting a skilled immigration bill that will be considered by the House Judiciary Committee. The news is generally considered good for those in favor of skilled worker immigration.  From The Hill:

    Issa’s involvement is welcome news to the tech industry, which has viewed him as an ally since he helped lead the successful fight in Congress against the Stop Online Piracy Act (SOPA). In effect, they get to work with one of their closest GOP allies on the immigration issue that they care about the most.

    "From a tech industry perspective, we have a very strong relationship with Congressman Issa. We've worked on a lot of issues with him over the years, including intellectual property issues," said Peter Muller, director of government relations at Intel. "There's a good strong relationship and we think he'd be a good person to work with on immigration."

    Tech representatives also say Issa understands their perspective on the issue, citing his past work on similar legislation in the Judiciary Committee and background as an entrepreneur. Before his days ...


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