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In a few earlier posts, I discussed how the permanent immigration quota system works, or doesn't work because of its impact on illegal immigration. In my recent post, Why Don't They Just Come Legally? - Myths Part II, I mention that two of the causes of illegal immigration are due to there being no lines for legal visas to get into in the first place because there are no categories for certain employment and family categories. And, in cases where there are applicable categories, the lines can … [Read more...]
January 13, 2011 by ·
January 11, 2011 by ·
A revised edition of "Handbook for Employers" or M-274 has been released by USCIS. This booklet is a critical and indispensable tool for employers to use when documenting the work authorization status of new and rehired employees as well as containing information for recruiters and referrers for a fee. Since 1986 when Congress passed the Immigration Reform and Control Act (IRCA), employers have been responsible for verifying work authorization documents for all US citizen and noncitizen hires. … [Read more...]
January 9, 2011 by ·
As of January 7, 2011 USCIS reports that 58,700 of the annual 65,000 allotment of cap-eligible petitions have been approved. Some petitions are exempt from the cap under the advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master's degree or higher. Those 20,000 have now been reached. If the annual 65,000 cap is reached in the next few weeks or months, then a new round of H-1B visas will not be available until October 1, 2011. … [Read more...]
January 6, 2011 by ·
As Congress and several states take up proposals to repeal the 14th Amendment citizenship provisions because of fears of an "alien invasion", anti-immigrant activists continue to incorrectly charge that individuals from abroad want to invade our country by breaking the law. Myth: Most of the people here illegally just don't want to follow the law. The frequent refrain, or more likely, a quip, is "why don't they just come legally or get in line?" Reality: Most people would come legally if they … [Read more...]
January 3, 2011 by ·
In an earlier blog post, Hate Lines? CBP Announces Expansion of Global Entry Pilot Program, one of several trusted traveler programs, Global Entry, is discussed that enable frequent travelers to expedite entry into the U.S. But there are others, including NEXUS and SENTRI. NEXUS is a U.S.-Canada program for frequent trusted travelers between the U.S. and Canada. SENTRI is a another U.S.-Mexico program for other frequent trusted travelers. U.S. Customs and Border Protection (CBP) announced that … [Read more...]
January 2, 2011 by ·
Starting December 29, 2010, U.S. Customs and Border Protection (CBP) expanded its international trusted traveler pilot program, known as Global Entry, to qualified Mexican nationals. Global Entry allows for the expedited clearance of pre- approved, low-risk travelers into the United States. The program is operational at several major U.S. airports. The program is not for the faint of heart, however, as it involves more elaborate security checks and biometrics features (fingerprints and photos) … [Read more...]
December 28, 2010 by ·
U.S. Citizenship and Immigration Services (USCIS) must be thinking positively that the economy will improve soon. It looks like some time next month, USCIS will publish a notice of proposed rule making for a new electronic registration system for H-1B petitions subject to the annual 65,000 cap. In "Registration Requirement for Petitioners Seeking to File H-1B Petitions on Behalf of Aliens Subject to Numerical Limitations", USCIS will propose a cheaper way for employers to register for … [Read more...]
December 25, 2010 by ·
For 24 immigrants in New York, Santa could not have brought a better gift. Outgoing Governor David Paterson pardoned 24 individuals for crimes he felt had immigration consequences that were "excessively harsh and in need of modernization." Earlier this year, Governor Paterson set up an immigration pardon board after he learned that even the most minor of crimes can have devastating immigration consequences including deportation of the offender, permanent separation of families in mixed status … [Read more...]
December 24, 2010 by ·
The Senate's failure to enact the DREAM Act was a blow to the young people who would have qualified and to their many supporters. The DREAM Act would have put young people living in the U.S. without status who came to the U.S. at an early age with their parents on a long 13-year path to legal status and citizenship if they commit to going to college or join the military. Other DREAM Act supporters included their families, employers looking for more college graduates and leaders, the military … [Read more...]
December 22, 2010 by ·
Today, USCIS announced that employer/petitioners will not be required to complete Part 6 of newly revised Form I-129 until Feb. 20, 2011. Part 6 pertains to Controlled Technology and Technical Data questions. Due to the many inquiries USCIS received from stakeholders about how to answer the questions, USCIS has extended the time in which employers must be able to answer the question. As I mentioned in my earlier post, Employers Must Know Export Control Rules When Sponsoring Employees, USCIS … [Read more...]
