Immigration Reform Bill introduced in Congress

Representative Luis V. Gutierrez, Democrat of Illinois, introduced a bill in Congress yesterday to reform US immigration laws. The bill's introduction is seen as a reaction to President Obama's delay in starting his proposed immigration reform measures. It is unlikely that the bill will pass, however, as it contains provisions similar to an amnesty for undocumented immigrants. Anything resembling an amnesty provision is strongly opposed by many in Congress. 

See the New York Times article on the bill here.

Visa Bulletin for January 2010 released

The US Department of State has released the new Visa Bulletin for January 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 1 month, and EB-2 for India is unchanged from last month. This means that India EB-2 has stayed the same sinced October 2009.  

3rd preference categories change slightly from last month. EB-3 for China, Philippines and all other countries move forward 2 months.  Mexico advances 1 month and India by almost 2 months.

H-1B cap reached for FY2010?

USCIS has updated the H-1B cap count. As of December 8, CIS has received approximately 61,500 cases against the regular (non-Master's) H-1B cap of 65,000. However, since CIS sets aside up to 6,500 of this 65,000 for nationals of Chile and Singapore, it is possible that they will stop accepting other H-1B petitions soon, if not already. We are still filing new petitions, but with fingers crossed that they are not too late. If you need to file, please do so ASAP.

For more information, see the previous blog posts here.

Continuing with the travel theme in the last blog posting, CBP has launched a communications campaign in adavnce of the Winter Olympics in Vancouver next year.  The campaign aims to advise travellers of the documents they need to return to the US, pursuant to the WHTI (Western Hemisphere Travel Initiative).  See my prior blog posting on WHTI here.

For the CBP news release, see here.  For WHTI, see here.

CBP prepares for cross-border football fans

Are you a fan of the Buffalo Bills or New York Jets and traveling to the game in Toronto on Thursday, 12/3?  If so, the US Customs and Border Protection agency has travel advice for you here.  CBP advises travelers to  check traffic conditions at the four border crossings within the Buffalo/Niagara region, and select the crossing that is least congested. Travelers can easily obtain current border traffic conditions by calling the Niagara Falls Bridge Commission’s toll free number at 1-800-715-6722 or by visiting various web sites listed by CBP.

Travelers should prepare for the inspection process before arriving at the inspection booth. Individuals should have their crossing documents available for inspection and they should be prepared to declare all items acquired outside the U.S. In compliance with full implementation of the Western Hemisphere Travel Initiative, which commenced June 1, all travelers, including U.S. and Canadian citizens, will need to present documentary proof of citizenship.

These documents include a Passport, U.S. Passport Card, trusted traveler card (NEXUS, SENTRI or FAST) or an Enhanced Drivers License. Children under the age of 16 can present an original or copy of their birth certificate. CBP will remain practical and flexible in its approach to full implementation of the Western Hemisphere Travel Initiative and will continue to educate and inform the traveling public. Please visit the WHTI Web site for additional information. (GetYouHome.gov)

Photo credit: http://www.flickr.com/photos/ronalmog/

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.

1,000 more employers being investigated

I have blogged before about the current administration's increased enforcement of immigration laws at worksites. The Department of Homeland Security (DHS) announced yesterday that it had issued NOIs (Notices of Inspection) to another 1,000 employers nationwide. View the press release here.

The audits involve a detailed analysis of the employers' Forms I-9. This form should be completed for every employee on hiring, and it verifies the employee's identity and work authorization.   

The press release also provides statistics since the increased enforcement started last April:

• 45 businesses and 47 individuals debarred;
  
  
  
  • 0 businesses and 1 individual were debarred during same period in FY 2008.
  
  
  
  
• 142 Notices of Intent to Fine (NIF) totaling $15,865,181;
  
  
  
  • ICE issued 32 NIFs totaling $2,355,330 in all of FY 2008.
  
  
  
  
• 45 Final Orders totaling $798,179;
  
  
  
  • ICE issued eight Final Orders totaling $196,523 during the same period in FY 2008.
  
  
  
  
• 1,897 cases initiated;
  
  
  
  • ICE initiated 605 cases during the same period in FY 2008.
  
  
  
  
• 1,069 Form I-9 Inspections;
  
  
  
  • ICE initiated 503 Form I-9 Inspections in all of FY 2008.
  
  
  
  

In July, ICE issued 654 NOIs to businesses nationwide in the largest operation of its kind before today - part of ICE's effort to audit businesses suspected of using illegal labor.

Statistics resulting from the 654 audits announced in July:

• ICE agents reviewed more than 85,000 Form I-9s and identified more than 14,000 suspect documents - approximately 16 percent of the total number reviewed.
• To date, 61 NIFs have been issued, resulting in $2,310,255 in fines. In addition, 267 cases are currently being considered for Notices of Intent to Fine (NIFs).
• ICE closed 326 cases after businesses were found to be in compliance with employment laws or after businesses were served with a Warning Notice in expectation of future compliance.
  

The New York Times published an article on this subject today.  It notes that

The audits, however, have resulted in large-scale dismissals at the hands of employers, leaving the government one step removed.

In September, American Apparel, a clothing maker with a large garment factory in downtown Los Angeles, fired about 1,800 immigrant employees — more than a quarter of its work force — after a federal audit turned up irregularities in identity documents the workers presented when they were hired. 

H-1B cap count updated

USCIS has updated the H-1B cap count. As of November 6, 2009, CIS has received approximately 54,700 cases against the regular (non-Master's) H-1B cap. 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.

US immigration launches campaign against human trafficking

US Immigration and Customs Enforcement (ICE) has launched an outdoor publicity campaign to raise awareness of the plight of human-trafficking victims in the United States.   The campaign, called "Hidden in Plain Sight,"  explains that human trafficking includes those who are sexually exploited or forced to work against their will.

Posters, billboards and transit shelter signs were rolled out last month bearing the slogan "Hidden in Plain Sight." They are displayed in Atlanta, Boston, Dallas, Detroit, Los Angeles, Miami, Philadelphia, Newark, New Orleans, New York, St Paul, San Antonio, San Francisco and Tampa.

ICE states

It is estimated that 800,000 men, women and children are trafficked around the world each year. These victims are trafficked into the commercial sex trade, and into forced-labor situations. Many of these victims are lured from their homes with false promises of well-paying jobs; instead, they are forced or coerced into prostitution, domestic servitude, farm or factory labor, or other types of forced labor.

ICE is asking for the public's help to remain alert to recognize and identify victims of modern-day slavery who are in our midst. They are domestic servants, sweat-shop employees, sex workers and fruit pickers who were lured here by the promise of prosperity. Ultimately, they are forced to work without pay and are unable to leave their situation. ICE is committed to giving them the help they need to come forward and help us end human trafficking with vigorous enforcement and tough penalties. As a primary mission area, ICE has the overall goal of preventing human trafficking in the United States by prosecuting the traffickers, and rescuing and protecting the victims.

For more information, see here.

Photo courtesy of http://www.flickr.com/photos/missy-and-the-universe/

New USCIS SAVE video released

US immigration has published a video explaining its Systematic Alien Verification for Entitlements (SAVE) program.  The SAVE website explains that 

the SAVE Program is an inter-governmental initiative designed to aid benefit-granting agencies in determining an applicant’s immigration status, and thereby ensure that only entitled applicants receive federal, state, or local public benefits and licenses. The Program is an information service for benefit-issuing agencies, institutions, licensing bureaus, and other governmental entities.

The website continues by noting that 

• 
  

  The SAVE Program does not make determinations on any applicant's eligibility for a specific benefit or license.
  

  
  
• 
  

  The SAVE Program does not verify status for employment.
  

  
  

For more information on the SAVE program, see here.

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 issues "Public Charge" fact sheet

USCIS has issued a Fact Sheet explaining what renders a person a "public charge" and therefore inadmissible to the US and ineligible to become a permanent resident. This inadmissibility applies to anyone who "at the time of application for admission or adjustment of status, is likely at any time to become a public charge."

The Fact Sheet explains that  "public charge" means

an individual who is likely to become “primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.....In determining whether an alien meets this definition for public charge inadmissibility, a number of factors must be considered, including age, health, family status, assets, resources, financial status, education, and skills.  No single factor - other than the lack of an affidavit of support, if required - will determine whether an individual is a public charge. 

The following are not considered for "public charge" purposes because they are "non-cash benefits or special-purpose cash benefits that are not intended for income maintenance":

• Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care, and emergency medical services) other than support for long-term institutional care
• Children's Health Insurance Program (CHIP)
• Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs
• Housing benefits
• Child care services 
• Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
• Emergency disaster relief
• Foster care and adoption assistance
• Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education 
• Job training programs
• In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) 
• Non cash benefits under TANF such as subsidized child care or transit subsidies 
• Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination. 
• Unemployment compensation is also not considered for public charge purposes.

USCIS: Naturalization Information Sessions

USCIS is holding free information sessions for people interested in becoming US citizens.  See here for details:  USCIS: Naturalization Information Sessions

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.

Stores pull "Illegal Alien" costume after protests

Various groups have protested the sale of Halloween costumes that depict "Illegal Aliens".  The costumes are bright orange jumpsuits, with the words "ILLEGAL ALIEN" stamped on the chest, a bug-eyed alien mask, and a fake "green card."  Not surprisingly (duh!), many advocate groups found the costumes very offensive.  

As of Saturday afternoon, Target had pulled the products, and said that the "Illegal Alien" costume was inadvertently uploaded to its web site due to a "data entry error."  A Google search for "illegal alien halloween costume" just now showed that Walgreens, Toys "R" Us, and other stores were selling the costume.  However, the links all seemed to be broken.

What do you think of the costume?

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.

Did Chicago lose the Olympics because of immigration issues?

A New York Times article suggests that Chicago failed in its bid to host the 2016 Summer Olympics because of tough immigration procedures at airports. The paper reports that

Among the toughest questions posed to the Chicago bid team this week in Copenhagen was one that raised the issue of what kind of welcome foreigners would get from airport officials when they arrived in this country to attend the Games. Syed Shahid Ali, an I.O.C. member from Pakistan, in the question-and-answer session following Chicago’s official presentation, pointed out that entering the United States can be “a rather harrowing experience.”

The article remarks on how US immigration officials at airports can be extremely difficult and unpleasant, even deterring people from visiting the US. The readers' comments that follow the article are especially interesting. I just scanned the first 50 comments, and almost every one was from a traveler, including US citizens, who hated US customs and border checkpoint.

Photo by http://www.flickr.com/photos/alexbarlow/207880054/