Five Myths About Immigration

The Washington Post has an article  that dispels 5 mythis about immigration. The myths are:

1. Immigrants take jobs from American workers.  

The article notes that immigrants form a higher percentage of the workforce than of the overall population, i.e. more immigrants work than US workers. The article also quotes economists saying that

immigration also stimulates growth by creating new consumers, entrepreneurs and investors. As a result of this growth, economists estimate that wages for the vast majority of American workers are slightly higher than they would be without immigration. U.S. workers without a high school degree experience wage declines as a result of competition from immigrants, but these losses are modest, at just over 1 percent. Economists also estimate that for each job an immigrant fills, an additional job is created. 

2. Immigration is at an all-time high, and most new immigrants came illegally.

The article notes that the historic high was in about 1980, when about 14.8% of the population were immigrants. Now the figure is about 12.5%. About 2/3 of these are here lawfully.

3. Today's immigrants are not integrating into American life like past waves did.

The same charge was levied at  prior influxes of immigrants, according to the article. As with previous immigrants, integration takes a generation and evidence shows that current immigrants are as keen as prior ones to integrate.

4. Cracking down on illegal border crossings will make us safer.

The article discusses the extremely difficult task that the government faces in securing

7,500 miles of land borders, 12,380 miles of coastline and a vast network of sea ports, international airports, ports of entry along the Mexican and Canadian borders and visa-issuing consulates abroad. 

5. Immigration reform cannot happen in an election year.

Immigration is a controversial issue, however all major immigration acts that have passed in recent decades have passed in elections years.

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For the full text of the article, see here.

Visa Bulletin for March 2010

The US Department of State has released the new Visa Bulletin for March 2010. In family-based categories, there is very slight movement forward, but just by a few weeks or months in most categories.

Employment-based categories remain "Current" for all 1st preference applicants, and for 2nd preference from Mexico, Philippines, and countries other than India and China. EB-2 for China moves forward by about 6 weeks, and EB-2 for India advances by one week. EB-3 Other Workers has stayed at June 2001 since October 2009 for every country except India. India moved to June 2001 in Jan. 2010 and has stayed there since then.

H-1B cap count updated

USCIS has updated the H-1B cap count. As of November 27, 2009, CIS has received approximately 58,900 cases against the regular (non-Master's) H-1B cap. This is 4,000 more than the last count 3 weeks earlier, so numbers are going fast.  

For more information, see the previous blog posts here.

December 2009 Visa Bulletin released

The US Department of State has released the new Visa Bulletin for December 2009. In family-based categories, there is very slight movement forward, but just by a few weeks or months in most categories.

Employment-based categories remain "Current" for all 1st preference applicants, and for 2nd preference from Mexico, Philippines, and countries other than India and China. 3rd preference and other categories are mostly unchanged from the November and October bulletins.  The only changes are that India EB-3 and 'other worker" categories move forward by 10 days.

H-1B cap count updated

USCIS has updated the H-1B cap count. As of October 30, 2009, CIS has received approximately 53,800 cases against the regular (non-Master's) H-1B cap. For more information, see the previous blog posts here.

CIS issued revised I-601, waiver application

USCIS has revised the Form I-601, Application for Waiver of Grounds of Inadmissibility "to make it easier for applicants to complete."

The I-601 is used by visa applicants who are "inadmissible" to the US for any reason. The most common ground of inadmissibility is a prior overstay, rendering the visa applicant inadmissible for 3 or 10 years. To qualify for a waiver, the applicant must show that not returning to the US would cause extreme hardship to the US citizen or lawful permanent resident spouse or parent of the I-601 applicant. Family separation and financial inconvenience alone do not necessarily constitute extreme hardship. 

As one consulate explains:

Extreme hardship can be demonstrated in many aspects of your spouse or parent’s life such as: 

HEALTH - Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in your country, anticipated duration of the treatment; whether a condition is chronic or acute, or long-or short-term.

FINANCIAL CONSIDERATIONS - Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; cost of care for family members (i.e., elderly and infirm parents).

EDUCATION - Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time for grade; availability of special requirements, such as training programs or internships in specific fields.

PERSONAL CONSIDERATIONS - Close relatives in the United States and /or your country; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States.

SPECIAL FACTORS - Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures

OTHER - Any other situation that you feel may help you meet the burden of extreme hardship. 

CIS press release on the new form here.

Visa Bulletin for November 2009 issued

The US Department of State has released the new Visa Bulletin for November 2009. In family-based categories, there is very slight movement forward, but just by a few weeks or months in most categories.

Employment-based categories remain "Current" for all 1st preference applicants, and for 2nd preference from Mexico, Philippines, and countries other than India and China. 3rd preference and other categories are mostly unchanged from the October bulletin. Any change is just a month, at most.

US government cannot track overstays

The New York Times reports today (here) that the US government cannot track when people stay longer that they are authorized. This is no surprise to immigration lawyers and foreign nationals. US immigration officials estimate that 2.9 million people entered the US last year on temporary visas. The government has no way to know for sure, but estimates that "several hundred thousand" of those are still in the US, even though their status expired.

The NYT article focuses on Mr. Hosam Maher Husein Smadi. He is from Jordan, and is accused of plotting to bomb an office building in Dallas. Mr. Smadi entered the US as a tourist, and this status expired in April 2008. However, the article says that that

Mr. Smadi, like many tourists who overstay visas, was able to fade easily into society and encountered few barriers to starting a life here, according to court documents and people who know him. He enrolled in high school, obtained a California identification card, landed jobs in two states and rented a string of apartments and houses. He bought at least two used cars, and even procured a handgun and ammunition.

The article explains how difficult it is to keep track of whether people depart.

They have not yet found technology to support speedy exit inspections at land borders. And airlines balked at an effort last year by the Bush administration to make them responsible for taking fingerprints and photographs of departing foreigners.

At the moment, departing visitors hand over a document called an I-94, to show that they left the US. However, sometimes visitors forget to do this, especially if they depart via land borders. Further, even if they had the resources, immigration officials would have a very difficult time finding the people that intentionally overstay.

New naturalization test in effect for everyone now

USCIS implemented a new naturalization test for all aspiring US citizens last year. Starting on October 1, 2009, the test is now required for every applicant for US citizenship, regardless of when s/he filed the application.

For more information, see the CIS news release here and my prior blog posting here.

How to complain about immigration treatment at airports and borders

The US Customs and Border Protection is the division of the Department of Homeland Security that inspects travelers on entry to the US. The agency now has four primary programs in place to address and respond to customer complaints and compliments. These programs are:

1. Passenger Service Representatives (or Passenger Service Manager)
2. Comment Cards
2. Customer Service Center, and
4. a program where port directors and supervisors personally respond to telephone and verbal complaints.

More details about the programs are here.

1. Passenger Service Manager (PSM).

In March 2009, CBP introduced 20 PSMs at international airports around the US, listed here. According to the CBP website,

PSMs will provide training to managers and supervisors on customer service issues, they will collect and analyze reports concerning professionalism, and they will promote public awareness of the CBP mission through distribution of public information bulletins, brochures and comment cards; and oversee issues related to travelers requiring special processing.

2. Comment Cards.

CBP is supposed to provide comment cards to all travelers entering the US who have been referred to secondary inspection. CBP says that it will contact everyone who completed a comment card to address concerns, however it is unclear if this happens, or even if comment cards are being given out.

3. Customer Service Center.

CBP's website describes this as their

single point-of-contact for reviewing, responding to, tracking, and addressing all customer complaints and compliments relating to CBP interaction with the general public, travelers, industry, Congress, and other government entities.

CPB explains how to make a complaint here, but it is very cumbersome, especially for people who are not familiar with online procedures.

4. Port Director and Supervisor Response.

Complains about a passenger's treatment at a port of entry or border are supposed to be resolved within one business day by the relevant Port Director or Supervisor. For contact information, see here

The US Department of State has released the new Visa Bulletin for September 2009. In family-based categories, there is very slight movement forward, but just by a few weeks or months in most categories.

Employment-based categories remain "Current" for all 1st preference applicants, and the entire 3rd preference and Other Workers category remains "Unavailable", like it has been since May 2009. The biggest change is that the priority date for India and China EB-2 categories have moved forward again. In June and July 2009, these categories retrogressed by 4 years (India) and 5 years (China). Both categories advance by over a year this month, each moving from 10/1/03 to January 8, 2005.

Permanent residence (green card) petitions down by half

The Associated Press reports that the number of employers filing immigrant petitions has declined dramatically in the past two years. According to AP, CIS received about 1/2 the number of I-140s in Fiscal Years 2008 and 2009 than it did in each of the previous years.

There were almost 235,000 applications submitted in fiscal 2007, almost 104,000 the following year, and fewer than 36,000 through the first eight months of fiscal 2009, according to data obtained by the AP.

One side-effect of the drop in applications is that I-140s are now being processed much faster than before, the report notes.

The decline in filings is attributed to "weak job market, long waits for immigrant visa availability, deep job cuts in sectors that have traditionally lured large numbers of applicants and more competition from American job seekers."

New medical forms for consular applicants

The US State Department has updated the forms to be used by panel physicians for people applying for permanent residence via US consulates. Doctors should begin using the following forms immediately:

• DS-2053, Medical Examination for Immigrant or Refugee Applicant (1991 TB TIs)
• DS-3024, Chest X-Ray and Classification Worksheet (1991 TB TIs)
• DS-3026, Medical History of Physical Examination Worksheet (all posts), and
• DS-3025, Vaccination Documentation Worksheet (all posts).

The remaining forms should be used starting on 10/1/09:

• DS-2054, Medical Examination for Immigrant or Refugee Applicant (2007 TB TIs)
• DS-3030, Chest X-Ray and Classification Worksheet (2007 TB TIs).

People who have already completed their medical exams using the older version of the forms do not have to have new exams. For more details, see here.

Photo by http://www.flickr.com/photos/adrianclarkmbbs/

H-1B cap count updated

USCIS has updated the H-1B cap count. As of July 24, 2009, the agency has 44,900 cases against the regular (non-Master's) H-1B cap. This is only 100 more than the count on June 30. For more information, see the previous blog posts here.

Who can pay the H-1B costs - employer or employee?

Many foreign nationals report that their employers ask the employees to pay the costs of getting H-1B status for themselves. If the employees are not asked to pay up-front, they may be asked to sign a reimbursement agreement, agreeing to repay the costs if they leave the company within a certain time.

H-1B Costs

There are 2 main costs in getting H-1B approved: government filing fees and legal fees. The filing fees are:
A. $320 I-129 fee
B. $1500 Education and Training Fee (For 1st H-1B petition and first extension) fee is $750 if under 25 employees.
C. $500 Anti-Fraud Fee (for employer's first H-1B petition for that foreign national).

Legal fees vary by attorney, of course.

What can the employee pay?

An employee cannot pay any part of the training fee listed at B. above. This is not permitted under any circumstances. Many attorneys believe that the employee legally can't pay the $500 Anti-Fraud Fee either. This is not correct - CIS has specifically said that this fee "does not need to be paid only by the petitioner." (AILA Service Center Operations teleconference 4/11/05).

There is a possible restriction on employees paying any of the rest of H-1B fees, if the salary being paid to the employee is very close to the "prevailing wage" or the "actual wage" for the position.

"Prevailing wage"is what the employer must agree to pay the foreign national, and it is what a survey shows is the normal salary for that position in that location.
"Actual wage" is defined as "the wage rate paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question." If there is nobody else with similar experience and qualifications for the job (because the H-1B worker is the only person in that category), then the "actual wage" would be whatever is paid to the H-1B employee.

There is an argument that if an employee pays any of the H-1B fees, this must be considered as a deduction from salary. If the salary, after this deduction, is below the "prevailing wage" or "actual wage" (whichever is higher), then there is a problem.

Are reimbursement agreements enforceable?

Apart from the limitation on recouping fees above, the question of whether a reimbursement agreements is enforceable is a matter of local state employment and contract laws.

USCIS to stop issuing I-551 stamps routinely

USCIS has announced that is is rescinding the May 2009 policy that asked CIS district offices to issue I-551 stamps as a matter of course. The I-551 is a stamp in a passport that confirms that permanent residence has been approved. It is temporary evidence of permanent residence until the "green card" is produced.

In recent years, green cards have been created and mailed withing a couple of weeks of permanent residence approval, so CIS did not issue the I-551 stamps unless there was an emergency. However, in May 2009, card production was delayed while they upgraded equipment, so CIS started issuing the I-551 stamps again.

Hopefully card production is back to normal, and approved permanent residents won't have problems because of having no evidence of permanent residence approval. CIS will still issue I-551 stamps, but only in emergency cases.

FAQs on E-Verify

The National Conference of State Legislatures has published a document with frequently-asked questions about e-verify: http://www.ncsl.org/?tabid=13127.

The FAQs answer the following questions

• What is Basic Pilot/E-Verify?
• When and how was it created?
• When will E-Verify expire?
• How does E-Verify work?
• What is the current usage and capacity?
• How well does E-Verify work?
• How is it enforced?
• What is required of federal contractors?
• What states currently address the use of E-Verify?

Although the document purports to have been updated on June 30, 2009, some information is out-of-date, so be careful using it. For example, the FAQs say that the requirement for federal contractors to use e-verify has been "delayed until February 20." In fact, that delay is now September 8, 2009, as noted here and here.

H-1B cap count updated - now 44,800

USCIS has updated the H-1B cap count. As of June 30, 2009, the agency has 44,800 cases against the regular (non-Master's) H-1B cap, compared with 47,500 on May 29. For more information, see the previous blog post here.

Obama tells lawmakers immigration a priority - The Boston Globe

Obama tells lawmakers immigration a priority - The Boston Globe


President Obama said yesterday that a bipartisan bill on the sensitive and volatile political issue will be difficult but must get underway this year. He spoke after he and members of his administration met with Congresspeople from both parties. The meeting was intended to begin mapping a plan to build support for an immigration measure that the president has said he would like to pass later this year or early next year, according to a senior White House official.

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CIS resumes Premium Processing for I-140s

CIS has just announced that it will resume Premium Processing for I-140 petitions, starting on June 29. The following petitions will be affected:

• EB-1 Aliens with Extraordinary Ability;
• EB-1 Outstanding Professors and Researchers;
• EB-2, Members of Professions with Advanced Degrees or Exceptional Ability not seeking a National Interest Waiver;
• EB-3 Professionals,
• EB-3 Skilled Workers, and
• EB-3 Workers other than Skilled Workers and Professionals.

Premium Processing guarantees a decision within 15 days for an additional government filing fee of $1000. The decision could be an approval, denial, request for additional evidence, or some other action.

See the CIS website and Press Release for details.