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.
U.S. Department of State – Priority Dates for Employment-Based Preferences, October 2006
Employment-Based Preferences
U.S. Department of State – Priority Dates for October 2006
NOTE: This information has been obtained
from the Department of State visa bulletin.
|
Employment-Based |
All Chargeability Areas Except Those |
CHINA- mainland born |
INDIA |
MEXICO |
PHILLIPINES |
|
1st |
C |
C |
C |
C |
C |
|
2nd |
C |
01APR05 |
15JUN02 |
C |
C |
|
3rd |
01MAY02 |
01MAY02 |
22APR01 |
01MAY01 |
01MAY02 |
|
Schedule A Workers |
C |
C |
C |
C |
C |
|
Other Workers |
01JAN01 |
01JAN01 |
01JAN01 |
01JAN01 |
01JAN01 |
|
4th |
C |
C |
C |
C |
C |
|
Certain Religious Workers |
C |
C |
C |
C |
C |
|
5th |
C |
C |
C |
C |
C |
|
Targeted Employ-ment Areas/ <st1 |
C |
C |
C |
C |
C |
laceName w:st=”on”>Regional</st1“C” means current, i.e., numbers
are available for all qualified applicants; and “U” means
unavailable, i.e., no numbers are available. (NOTE: Numbers are available only
for applicants whose priority date is earlier than the cut-off date listed
below.)
|
1st: |
Priority Workers: 28.6% of |
|
2nd: |
Members of the Professions |
|
3rd: |
Skilled Workers, |
|
4th: |
Certain Special Immigrants: |
|
5th: |
Employment Creation: 7.1% |
Department of Labor Backlog Center Opens Online Case Status Check
09/13/2006
The Department of Labor recently initiated an online case status check system for two Backlog
Centers.
If a case is approved, the search result is: “Certified,” otherwise, it is “In Process” or “Data Review.”
USCIS Limitations on I-140 Premium Processing
From the USCIS Website:
Are there any additional conditions of availability being placed on the Premium Processing Service at this time?
Yes. This will accord USCIS the flexibility to adapt to
contingencies affecting its ability to provide Premium Processing
Service. Premium Processing Service is available for the Form I-140
classifications indicated on the chart above provided that the case
does not involve:
1. A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
2. Labor Certification substitution requests; and
3. Duplicate Labor Certification requests (i.e., cases filed without
an original labor certification from the Department of labor).
USCIS is prescribing these additional conditions of availability on
Premium Processing for Form I-140 because of their special processing
requirements, including locating and transferring other files or
documents internally and requesting initial evidence from an outside
agency, that make it difficult for USCIS to guarantee that it will
process the case within a 15 calendar day period.
Group: Fix The Broken Green Card System
Via NewsMax.com
WASHINGTON — With comprehensive immigration reform focused on the
millions of illegal aliens in the country, one energetic advocacy group
is hustling to educate lawmakers and the public about the million-plus
legal immigrants that have no need of amnesty but only a fair shake at
grabbing the American Dream.
Reform bills, amendments, and proposals may be languishing in the
brimming too-hard-to-do bin on Capitol Hill until after the 2006
elections, but Aman Kapoor, the founder and head of Immigration Voice
roams the halls of Congress, colleagues in trace, with a call for help
– fixing a green card system that is broken.
In the current global arena, countries such as India and China provide
strong competition in the manufacturing and outsourcing services. The
United States has to retain and attract the best and brightest talent
that it can find to keep its competitive edge in research and
development of innovative technologies, Kapoor told NewsMax in his
staccato Indian accent.
“Countries in Europe such as U.K. and Germany, in North America such as
Canada, and in the Southern hemisphere, such as Australia, have long
since realized this fact and have tailored their immigration policies
to attract the brightest students and made it easier for them to stay
in those countries,” Kapoor explained.
This, however, is unfortunately not the case in the United States, he lamented.
Group Claims Discrimination, Targets Employers Recruiting H-1B Workers
Via ERE.net
As special interests pressure the U.S. Senate to lift the cap on H-1B
visas, a computer programmer advocacy group is filing complaints with
the U.S. Department of Justice against more than 300 IT services
employers whose ‘Help Wanted’ ads it believes discriminate against
American citizens, denying workers here equal access to U.S. jobs.
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.
Hired hands: Wait for green card tries visa holders
Via The Sacremento Bee
08/08/2006
Obtaining permanent residence frustrates foreign professionals.
Raghu Ballal, a
civil engineer
for the Shaw
Group, plans to
get his MBA in
the United
Kingdom after
being frustrated
at the
wait for a green
card in the U.S.
He will apply
for fast-track
residency
through the
U.K.’s Highly
Skilled Migrant
Program.
Sacramento Bee/Autumn Cruz
The Indian-born engineer regrets leaving a well-paying job with the
subsidiary of a Fortune 500 company — and giving up opportunities to
pursue a master’s degree in business administration at the University
of California at Berkeley or Los Angeles.
The long wait Ballal and his wife face for legal permanent residency —
for green cards — has pushed them to pursue the American dream in
another country.
I-140 Premium Processing Update
VIA AILA
07/28/2006
AILA-SCOPS Liaison has confirmed with USCIS that the plan to expand premium processing to certain I-140 petitions may be announced soon, targeted to be effective by the end of August. The exact date had not been set. Pursuant to the notice published at 71 FR 29571-74 (5/23/06), USCIS will inform the public of the change by posting the information on its website www.uscis.gov.
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.