AILA-SCOPS Update on Chile-Singapore Leftover H-1Bs
VIA AILA
10/25/2006
USCIS advised AILA’s Service Center Operations
(SCOPS) Liaison Committee on the processing of the remaining 89 H-1B
cap subject cases that were not selected as part of the random number
generator on 5/26/06 as follows:
- A letter will be issued to each petitioner/attorney notifying them
that their case will be processed if they submit the appropriate fees. - The letter will include instructions on mailing the fees to a dedicated mailing address.
- The deadline to respond to the letter will be November 14, 2006.
- Those that have not responded by November 14, 2006, will be
contacted by the Vermont Service Center (VSC) via e-mail or phone to
determine whether they are interested in pursuing the petition. - A dedicated e-mail address will be set up for any filing questions
pertaining to these cases. This e-mail account will be monitored
through the deadline date.
AILA-SCOPS Liaison has requested further clarification on this and will post further information as it becomes available.
President Signs Defense Authorization, Enacting H-2B Relief
On October 17, 2006, President Bush signed the National Defense Authorization
Act for Fiscal Year 2007 (H.R. 5122) into law. Section 1074 of the bill includes
a one year extension of the returning worker exemption to the H-2B visa cap and
provides for the extension to take effect beginning October 1, 2006.
House Judiciary Committee Approves Physicians for Underserved Areas Act
Via AILA
10/04/2006
The House Judiciary Committee, on 9/27/06, amended and passed the
Physicians for Underserved Areas Act (H.R. 4997), legislation that
would reauthorize the J-1 visa waiver program for two years. The waiver
program permits foreign-born doctors to remain in the U.S. and receive
a waiver of the foreign country residence requirement if they spend
three years working in geographic areas where a shortage of doctors
exists. As introduced, the bill would have made the waiver program
permanent. However, prior to reporting out the measure, lawmakers
approved an amendment by Rep. John Hostettler (R-IN) that changed the
language making the program permanent to language reauthorizing the
program for two years only.
The NSC Accepts Concurrent I-485 Filings for Premium Processing Eligible I-140s
Via AILA
10/03/2006
The Nebraska Service Center has confirmed that it is accepting
concurrent filings of I-140 and I-485s for I-140s eligible for premium
processing. The I-140 will be processed pursuant to the premium
processing program and the I-485 and any concurrently filed I-765 and
I-131 applications will be processed pursuant to regular processing
time lines. Remember that the beneficiary of the I-485 application must
have an immigrant number immediately available to qualify for the
concurrent filing.
Support Habeas Corpus Amendment to Military Tribunal Legislation
Via AILA
09/27/2006
The
existing Senate bills on military tribunals would strip the rights of
certain non-citizens to challenge their detention in a court of law.
The Specter-Levin Amendment, which could come to the Floor later today,
would reinstate habeas corpus and preserve core democratic rights.
Temporary Skilled Workers Enrich America’ s Competitive Edge
Via AILA
09/27/2006
The
recent debate over immigration policy commonly depicts immigrants as
undocumented, uneducated people who flood our borders without
inspection. Although many immigrants who enter this country are
unskilled laborers who provide essential services in many sectors of
our economy, of equal importance to the immigration debate are the
highly educated foreign professionals whose skills play a vital role in
the enrichment of our economy. These foreign born workers bring unique
perspectives and expertise that are essential to maintaining America’s
competitive edge as the leader of the global marketplace.
The United States economy has shifted significantly over the past
fifty years. We are no longer the blue collar nation that we once were.
The transformation of our economy from a manufacturing economy to a
knowledge-based economy has created a growing demand for highly skilled
technical workers. This demand has been accompanied by a decline in the
number of native-born students seeking degrees in the fields of
science, engineering and technology. Our prestigious graduate
institutions currently train more foreign nationals than U.S. citizens
in these important fields. These U.S trained specialists, both native
and foreign-born, cannot fill the demand for highly-skilled workers in
key occupations. U.S. businesses must be able to recruit and hire
additional foreign-born professionals to alleviate temporary labor
shortages in specific occupations.
To keep America competitive, we must increase the number of
specialized worker visas awarded. H-1B visas, or temporary skilled
worker visas, are currently capped at only 65,000 annually. Yet in
recent years, this “cap” is reached in a couple of months and U.S.
businesses are barred from hiring foreign-born professionals for the
remainder of the fiscal year. In order to increase the number of highly
skilled professionals in this country, we must reform the employment
based immigration system and provide a sufficient amount of avenues
through which U.S. businesses can legally employ specialized workers.
At the same time, we must increase recruitment and training of U.S.
students as well – in order to accelerate this process, a hefty portion
of the processing fees for the H visas are directed to the education
and training of U.S. students in science and technology.
It is important that skilled workers are not overlooked in the
current debate regarding comprehensive immigration reform. Raising the
H-1B visa cap is vital to maintaining our leadership in the world
market. We must retain the educated professionals whom we have trained
internally in order to benefit from the unique skills that they
possess. By sending the best and the brightest workers back to their
respective countries, we only create competition for ourselves, thereby
diminishing America’s economic clout. By retaining foreign nationals,
we may ensure that U.S. businesses have the most highly qualified
workers in their fields, helping America maintain its edge in an
increasingly competitive global economy. the most highly qualified
workers in their fields, guaranteeing maximum success and economic
prosperity.
Comprehensive Immigration Reform is the Only Way to Fix a Broken System
Via AILA
09/27/2006
The
recent debate over immigration policy commonly depicts immigrants as
undocumented, uneducated people who flood our borders without
inspection. Although many immigrants who enter this country are
unskilled laborers who provide essential services in many sectors of
our economy, of equal importance to the immigration debate are the
highly educated foreign professionals whose skills play a vital role in
the enrichment of our economy. These foreign born workers bring unique
perspectives and expertise that are essential to maintaining America’s
competitive edge as the leader of the global marketplace.
The United States economy has shifted significantly over the past
fifty years. We are no longer the blue collar nation that we once were.
The transformation of our economy from a manufacturing economy to a
knowledge-based economy has created a growing demand for highly skilled
technical workers. This demand has been accompanied by a decline in the
number of native-born students seeking degrees in the fields of
science, engineering and technology. Our prestigious graduate
institutions currently train more foreign nationals than U.S. citizens
in these important fields. These U.S trained specialists, both native
and foreign-born, cannot fill the demand for highly-skilled workers in
key occupations. U.S. businesses must be able to recruit and hire
additional foreign-born professionals to alleviate temporary labor
shortages in specific occupations.
To keep America competitive, we must increase the number of
specialized worker visas awarded. H-1B visas, or temporary skilled
worker visas, are currently capped at only 65,000 annually. Yet in
recent years, this “cap” is reached in a couple of months and U.S.
businesses are barred from hiring foreign-born professionals for the
remainder of the fiscal year. In order to increase the number of highly
skilled professionals in this country, we must reform the employment
based immigration system and provide a sufficient amount of avenues
through which U.S. businesses can legally employ specialized workers.
At the same time, we must increase recruitment and training of U.S.
students as well – in order to accelerate this process, a hefty portion
of the processing fees for the H visas are directed to the education
and training of U.S. students in science and technology.
It is important that skilled workers are not overlooked in the
current debate regarding comprehensive immigration reform. Raising the
H-1B visa cap is vital to maintaining our leadership in the world
market. We must retain the educated professionals whom we have trained
internally in order to benefit from the unique skills that they
possess. By sending the best and the brightest workers back to their
respective countries, we only create competition for ourselves, thereby
diminishing America’s economic clout. By retaining foreign nationals,
we may ensure that U.S. businesses have the most highly qualified
workers in their fields, helping America maintain its edge in an
increasingly competitive global economy. the most highly qualified
workers in their fields, guaranteeing maximum success and economic
prosperity.
First PERM BALCA Decision – Re: Harmless Error on Application
Via ILW.com
This article discusses the first PERM BALCA decision, In the Matter of HealthAmerica, No. 2006-PER-00001 (BALCA, Jul. 18, 2006).
The American Immigration Lawyers Association (AILA) and the American
Council on International Personnel (ACIP) jointly filed an amicus brief
on this case.
USCIS Expands Premium Processing Service to EB-3 I-140 Petitions, New I-907 Premium Processing Form Released
Via AILA
On August 18, 2006, USCIS announced that, beginning August 28, it will begin
accepting premium processing requests for I-140 petitions involving EB-3
Professionals (i.e., immigrant workers with bachelors degrees who are
members of the professions) and EB-3 Skilled Workers (<!–
D(["mb","i.e., immigrant \nworkers capable of performing skilled labor requiring at least two years of \neducation, training or experience). Premium processing will not be available to \n"other workers" in the EB-3 category for jobs that do not require two years of \neducation, training or experience. The press release is available on AILA \nInfoNet at document #06081867: http://www.aila.org/content/default.aspx?docid\u003d20317
\n
USCIS issued a revised I-907 premium processing form which does not request \nany additional information but does include the newly designated classifications \nand a revision date of August 28, 2006. USCIS will not accept any premium \nprocessing requests for Form I-140 before August 28 and any premium processing \nrequests for Form I-129 received before August 28 must use the current Form \nI-907 with the revision date of April 1, 2006. All premium processing requests \nreceived on or after August 28, 2006 will be rejected unless they are on the \nI-907 form bearing the August 28, 2006 revision date. The revised form is \navailable on AILA InfoNet at document #06082161: http://www.uscis.gov/graphics/formsfee/forms/files/I-907Rev082806.pdf
\n
\n
3. Action Alert: Support Legislation to Protect Vulnerable Refugees and \nAsylum Seekers
\n
Urge your Representative to support H.R. 5918 and protect innocent refugees \nand asylum seekers from becoming unintended victims of the war on terrorism! \nCertain overly broad provisions in the PATRIOT Act and the REAL ID Act have in \npractice worked to deny protection to vulnerable refugees and asylum seekers. \nThe "material support" provisions affect anyone who has given any amount of \nmoney, goods or assistance to any armed group — including groups resisting \noppressive regimes and factions that extort such assistance with threats of \nviolence. In practical terms, our government is denying safety and freedom to \nrefugees and asylum seekers who, before the current provisions, would clearly \nhave qualified for protection. “,1]
);
//–>i.e., immigrant
workers capable of performing skilled labor requiring at least two years of
education, training or experience). Premium processing will not be available to
“other workers” in the EB-3 category for jobs that do not require two years of
education, training or experience.
USCIS issued a revised I-907 premium processing form which does not request
any additional information but does include the newly designated classifications
and a revision date of August 28, 2006. USCIS will not accept any premium
processing requests for Form I-140 before August 28 and any premium processing
requests for Form I-129 received before August 28 must use the current Form
I-907 with the revision date of April 1, 2006. All premium processing requests
received on or after August 28, 2006 will be rejected unless they are on the
I-907 form bearing the August 28, 2006 revision date.
AAO Unpublished Decision on “Specialty Occupation” for Film and Video Director
VIA AILA
In an unpublished decision provided to AILA courtesy of member Daniel
Huang, the AAO addressed whether the occupation of “film and video director” is
a “specialty occupation” for H-1B purposes. The AAO concluded that, despite the
fact that the DOL’s Occupational Outlook Handbook does not state that a
baccalaureate level education in a specific specialty is normally the minimum
requirement for entry into the position of director, the duties of this
particular position are so specialized and complex that knowledge required to
perform them is “usually associated with the attainment of a baccalaureate
degree or higher degree”.
Reaching the H-1B Master’s Cap Shows Need for Visa Reform
Via AILA
Another Cap Hit – Underscores the Need for Visa Reform
20,000 Slots Reserved for U.S. Advanced Degree Graduates Exhausted
Washington, D.C. – On July 28th, the U.S. Citizenship and
Immigration Services (USCIS) announced that, as of July 26th, it had
received enough H-1B petitions for “foreign workers who have earned a
master’s degree or higher from a U.S. institution of higher education”
to meet the exemption limit of 20,000 established by Congress for
fiscal year (FY) 2007. This is on top of having reached the overall
H-1B cap of 65,000 on May 6, more than four months before the start of
the fiscal year.
U.S. companies need high-skilled, specialized workers to stay
competitive in the global marketplace. Allowing foreign-born,
U.S.-educated workers to work for a U.S. company fuels the ability of
U.S. companies to stay at the forefront of scientific research and
innovation.
Both the House and Senate have introduced the Securing Knowledge
Innovation and Leadership Bill, (“SKIL Bill”, S.2691/H.R. 5744), a
measure that would provide much needed reform to the H-1B visa system.
“Passage and enactment of the SKIL Bill would fix the broken H-1B
system,” said Carlina Tapia-Ruano, president of AILA. “History has
shown that highly educated foreign-born professionals bring great
benefits to the U.S. economy and we urge Congress to act on this
critical issue.”
Highlights of the SKIL Bill include the following:
- Exemptions for U.S.-educated foreign workers with master’s or
higher degrees from the H-1B and employment based (E
green card
quotas so their talent can be retained in the United States. - Creation of a flexible, market-based H-1B cap so that U.S.
employers are not locked out of hiring critical talent for over a year
at a time. - Extension of foreign students’ post-graduation practical training from 12 months to 24 months.
- Removal of EB immigrant spouses and children from the annual cap,
thus making more visas available for the innovative professionals we
need.
USCIS Reminds Eligible Salvadorans to Re-register for Extension of TPS
August 3, 2006
USCIS Reminds Eligible Salvadorans to Re-register for Temporary Protected Status (TPS) by September 1, 2006
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today
reminded eligible Salvadorans to re-register for the 12-month extension
of Temporary Protected Status (TPS) by September 1, 2006. Under this
extension, those who have already been granted TPS are eligible to
remain and work in the United States for an additional 12 months until
September 9, 2007. Current employment authorization documents (EADs)
have also been automatically extended until March 9, 2007. There are
approximately 225,000 nationals of El Salvador (or aliens having no
nationality who last habitually resided in El Salvador) who are
eligible for re-registration. To date, USCIS has received approximately
56,000 TPS re-registration applications from Salvadoran registrants.
More information can be obtained from the USCIS National Customer
Service Center toll-free number: 1-800-375-5283. TPS forms are
available from the toll-free USCIS Forms line, 1-800-870-3676, or from
the USCIS Web site: www.uscis.gov.
-USCIS-
The U.S. Immigration Law Blog by Ashwin Sharma 
Rethinking the Effects of Immigration on Wages
Via AILA
10/03/2006
A crucial question in the current debate over immigration is what
impact immigrants have on the wages of native-born workers. At first
glance, it might seem that the simple economics of supply and demand
provides the answer: immigrants increase the supply of labor; hence
they should decrease the wages of native workers. However, the reality
is more complicated than this.
The latest study published by the Immigration Policy Center
addresses this issue. The study, authored by Giovanni Peri, Associate
Professor of Economics at the University of California, Davis, and a
Faculty Research Fellow at the National Bureau of Economic Research in
Cambridge, Massachusetts, is entitled <!–
D(["mb",""Rethinking the Effects of Immigration on Wages: New Data and Analysis from 1990 2004." In the study, Professor Peri argues that the widespread notion that immigrants decrease native wages is a misconception, complicated by two reasons that too often are overlooked. First, immigrants and natives, with different skills and education levels, do not compete with each other for the same jobs, but actually complement each other performing interdependent jobs, thereby increasing the wages and productivity of natives. Second, evidence shows that new workers added to the labor force stimulate investment by entrepreneurs. When these two factors are included in the analysis of immigration and wages, it becomes clear that immigration has a positive effect on the wages of most native-born workers.
\n \n\n
For a detailed analysis of Professor Peri\’s findings, read the full report here. \n\n
Return to top
\n\n
Take Action
\n\n
Hold Members of Congress Accountable at Town Hall Meetings
\n\nIncumbent Candidates are back in their home districts making the most of the pre-election season. Many are hosting Town Hall meetings. This is a good way for them to get out and talk to their constituents and "take the pulse" of the communities they represent in Congress. It is also a great opportunity for AILA members to educate and inform Senators, Representatives, and other meeting attendees about the need for comprehensive immigration reform, H-1B relief, and other key AILA concerns. Consider attending a Town Hall meeting with your AILA colleagues to show collective support for your shared ideals. Generating a large and well-informed crowd at a public meeting is an extremely effective way to elicit the views of your Member of Congress and to share your perspective. Use AILA\’s “,1]
);
//–>“Rethinking the Effects of Immigration on Wages: New Data and Analysis from 1990 2004.”
In the study, Professor Peri argues that the widespread notion that
immigrants decrease native wages is a misconception, complicated by two
reasons that too often are overlooked. First, immigrants and natives,
with different skills and education levels, do not compete with each
other for the same jobs, but actually complement each other performing
interdependent jobs, thereby increasing the wages and productivity of
natives. Second, evidence shows that new workers added to the labor
force stimulate investment by entrepreneurs. When these two factors are
included in the analysis of immigration and wages, it becomes clear
that immigration has a positive effect on the wages of most native-born
workers.
For a detailed analysis of Professor Peri’s findings, read the full report here.