Plan to send immigrants home is defeated
Via Yahoo/AP News
WASHINGTON – The Senate on Wednesday killed a Republican proposal to require all adult illegal immigrants to return home temporarily in order to qualify for permanent lawful status in this country.
The vote was 53-45 to table an amendment by Sen. Kay Bailey Hutchison, R-Texas, that was one of several proposals designed to respond to conservatives who decry President Bush’s immigration bill as a form of amnesty.
The bill could grant lawful status to as many as 12 million illegal immigrants as long as they passed background checks and paid fines and fees. Heads of household seeking permanent legal residency would have to return home to apply for green cards, however.
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USCIS Replies to Liaison Request to Waive Physical Exam Requirement for EB Adjustment Filings
Via AILA
The USCIS has refused AILA’s request to permit filing of I-485 adjustment of status applications without medical examinations for aliens in the employment based visa categories which will become “current” according to the July Visa Bulletin on July 1, 2007. Members are cautioned to be sure to submit all “Initial Evidence” specified in the instructions to Form I-485. Failure to submit required evidence could result in rejection, RFE or denial.
Immigration bill advances in Senate
Via Yahoo
The Senate voted Tuesday to jump-start a stalled immigration measure to legalize millions of unlawful immigrants…The pivotal test-vote was 64-35 to revive the divisive legislation. It still faces formidable obstacles in the Senate, including bitter opposition by GOP conservatives and attempts by some waverers in both parties to revise its key elements.
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VISA BULLETIN FOR JULY 2007 – All Employment Based Categories current
Number 107
Volume VIII
Washington, D.C.
VISA BULLETIN FOR JULY 2007
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during July. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by June 12th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date.
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
3. Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows:
FAMILY-SPONSORED PREFERENCES
First : Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.
Second : Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.
Third : Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.
Fourth : Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.
EMPLOYMENT-BASED PREFERENCES
First : Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second : Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third : Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “Other Workers”.
Fourth : Certain Special Immigrants: 7.1% of the worldwide level.
Fifth : Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
5. On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “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.)
| Fam-ily | All Charge- ability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPP-INES |
| 1st | 01JUL01 | 01JUL01 | 01JUL01 | 01JAN91 | 22APR92 |
| 2A | 01JUN02 | 01JUN02 | 01JUN02 | 01AUG01 | 01JUN02 |
| 2B | 08FEB98 | 08FEB98 | 08JUN98 | 08MAR92 | 01OCT96 |
| 3rd | 15JUL99 | 15JUL99 | 15JUL99 | 08FEB88 | 01JAN85 |
| 4th | 01AUG96 | 01MAR96 | 08FEB96 | 22JUL94 | 01APR85 |
*NOTE: For July, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01AUG01. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01AUG01 and earlier than 01JUN02. (All 2A numbers provided for MEXICO are exempt from the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.)
All | CHINA- mainland born | INDIA | MEXICO | PHILIP-PINES | |
| Employ-ment -Based | |||||
| 1st | C | C | C | C | C |
| 2nd | C | C | C | C | C |
| 3rd | C | C | C | C | C |
| Other Workers | U | U | U | U | U |
| 4th | C | C | C | C | C |
| Certain Religious Workers | C | C | C | C | C |
| Iraqi & Afghani Translators | C | C | C | C | C |
| 5th | C | C | C | C | C |
| Targeted Employ-ment Areas/ Regional Centers | C | C | C | C | C |
The Department of State has available a recorded message with visa availability information which can be heard at: (area code 202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.
Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105 – 139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.
B. DIVERSITY IMMIGRANT (DV) CATEGORY
Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States. The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This reduction has resulted in the DV-2007 annual limit being reduced to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.
For July, immigrant numbers in the DV category are available to qualified DV-2007 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
| Region | All DV Chargeability Areas Except Those Listed Separately | |
|---|---|---|
| AFRICA | 35,500 | Except: |
| ASIA | 7,750 | |
| EUROPE | 23,000 | Except: Ukraine 13,000 |
| NORTH AMERICA (BAHAMAS) | 12 | |
| OCEANIA | 1,800 | |
| SOUTH AMERICA, and the CARIBBEAN | 2,500 |
Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2007 program ends as of September 30, 2007. DV visas may not be issued to DV-2007 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2007 principals are only entitled to derivative DV status until September 30, 2007. DV visa availability through the very end of FY-2007 cannot be taken for granted. Numbers could be exhausted prior to September 30.
C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN AUGUST
For August, immigrant numbers in the DV category are available to qualified DV-2007 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
| Region | All DV Chargeability Areas Except Those Listed Separately | |
|---|---|---|
| AFRICA | CURRENT | Except: |
| ASIA | CURRENT | Except: Bangladesh 8,150 |
| EUROPE | CURRENT | Except: Ukraine 13,700 |
| NORTH AMERICA (BAHAMAS) | CURRENT | |
| OCEANIA | CURRENT | |
| SOUTH AMERICA, and the CARIBBEAN | CURRENT |
D. EMPLOYMENT THIRD PREFERENCE “OTHER WORKER” CATEGORY
The few remaining “Other Worker” numbers which were available for allocation were all used and the 5,000 annual numerical limit was reached during the month of June. It has therefore been necessary to make the Employment Third preference “Other Worker” category “Unavailable” for July, and it will remain so for the remainder of the fiscal year.
E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS
All Employment Preference categories except for Third “Other Workers” have been made “Current” for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.
F. OBTAINING THE MONTHLY VISA BULLETIN
The Department of State’s Bureau of Consular Affairs offers the monthly “Visa Bulletin” on the INTERNET’S WORLDWIDE WEB. The INTERNET Web address to access the Bulletin is:
From the home page, select the VISA section which contains the Visa Bulletin.
To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following E-mail address:
listserv@calist.state.gov
and in the message body type:
Subscribe Visa-Bulletin First name/Last name
(example: Subscribe Visa-Bulletin Sally Doe)
To be removed from the Department of State’s E-mail subscription list for the “Visa Bulletin”, send an e-mail message to the following E-mail address :
listserv@calist.state.gov
and in the message body type: Signoff Visa-Bulletin
The Department of State also has available a recorded message with visa cut-off dates which can be heard at: (area code 202) 663-1541. The recording is normally updated by the middle of each month with information on cut-off dates for the following month.
Readers may submit questions regarding Visa Bulletin related items by E-mail at the following address:
VISABULLETIN@STATE.GOV
(This address cannot be used to subscribe to the Visa Bulletin.)
Department of State Publication 9514
CA/VO:June 12, 2007
U.S. border passport rules suspended
Via Yahoo News
The Bush administration on Friday suspended some of its new,
post-Sept. 11 requirements for flying abroad, hoping to placate
Congress and irate summer travelers whose vacations have been thwarted
by delays in processing their passports.
The proposal would temporarily lift a requirement that U.S. passports be
used for citizens flying to and from Canada, Mexico, the Caribbean and
Bermuda. The rule, and its suspension, does not affect Americans
driving across the Canadian or Mexican borders or taking sea cruises,
although those travelers are expected to need passports beginning next
year.
The suspension should allow the State Department to catch up with a
massive surge in applications that has overwhelmed passport processing
centers since the rule took effect this year. The resulting backlog has
caused up to three-month delays for passports and ruined or delayed the
travel plans of thousands of Americans.
Until the end of September, travelers will be allowed to fly without
a passport if they present a State Department receipt, showing they had
applied for a passport, and government-issued identification, such as a
driver’s license. Those who have not applied for a passport will not be
allowed to travel.
Those with receipts but no passports would receive additional
security scrutiny, which could include extra questioning or bag checks.
U.S. immigration bill survives major challenge
Via TheStar.com
WASHINGTON (Reuters) – As the U.S. Senate headed for a showdown vote on immigration, backers of a fragile compromise thwarted what they said on Wednesday was an effort to gut a provision to legalize millions of illegal immigrants and torpedo the bill.
The Senate defeated an amendment by Sen. John Cornyn, a Texas Republican, that would have barred large numbers of illegal immigrants from taking advantage of the proposed legalization program.
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No link between job loss and H-1B visa: Nasscom
Via The Hindu
NEW DELHI: The National Association of Software and Services Companies (Nasscom) has said that any reduction in the number of H-1B visas to Indian IT firms will only reduce the competitiveness of the IT industry in the US. It has also refuted claims that there were any direct linkages between the visa programme and job loss in the U.S.
In its letter to the two US Senators — Chuck Grassley and Richard Durbin — written on behalf of the nine Indian IT companies which were asked by the Senators to furnish details about their H-1B visa programmes, Nasscom has said that the contributions made by H-1B visa holders to innovation and entrepreneurship in the U.S. has resulted in job creation on a large scale.
Quoting a 2006 survey conducted by “Money Magazine”, the association has stated that there was no linkage between layoffs and the H-1 B visa, besides reiterating that the number of H-1B visas was currently very limited.
The IT trade body has also expressed concern over the specific clause in the US Immigration Bill, introduced by the two Senators, that “prohibits companies from hiring H-1B employees if they employ more than 50 people and more than 50 per cent of their employees are H-1B visa holders”. Scaling down of the H-1B visa is being seen as a “protectionist measure” on the part of the American lawmakers, the letter added.
Stressing that H-1B visas are beneficial for the U.S. as well as Indian companies, and also to the U.S. economy, Nasscom has said many U.S. industry leaders have repeatedly stressed the need to raise the H-1B visa cap, which was reduced from 1.95 lakh to 65,000 two years ago.
H-1B visa holders pay taxes and social security. Additionally, in the past two years, to combat potential fraud in H-1B and L-1 visas, companies have paid more than $300 million in government-imposed fees to fund a U.S. State Department effort.
The association has not only offered its help and cooperation while dealing with the visa fraud issue but has also supported the Senators’ views that any fraudulent activity should be dealt with in the strictest possible manner. It has offered to meet and discuss the issue with the Senators.
It may be recalled that recently the two senators had asked nine Indian companies — Infosys Technologies, Wipro, Tata Consultancy Services, Satyam Computer Services, Patni Computer Systems, Larsen & Toubro Infotech, i-flex solutions, Tech Mahindra Americas and MphasiS — to give details about their H-1B visa programmes.
Indian techies in US, UK worried
Via The Economic Times
NEW DELHI: In the past, the ‘H factor’ has largely driven the immigrant dreams of a large number of Indian techies. The H-1B visa that allows US companies and universities to employ skilled foreigners for speciality occupations and UK’s highly skilled migrant programme (HSMP) scheme that allowed skilled and qualified foreigners to move to UK without jobs or sponsors, have been the twin tracks for techies to enter the US and the UK.
However, today, both these programmes are under a cloud and that’s bad news for both Indian professionals and Indian companies. So even as the new US immigration bill gathers momentum, things seem to be getting tougher for H-1B visa holders, in whom US employers have invested heavily in training and talent management, in applying for green cards.
And the situation isn’t much better for thousands of Indians who went to the UK under the HSMP. This follows UK’s immigration minister Liam Byrne practically ruling out any softening of his government’s stand on the retrospective application of HSMP changes announced in November 2006.
United States India Political Action Committee, an organisation representing over 50,000 members of the Indian-American community and businesses owners, has been proactively highlighting the problems faced by H-1B holders and urging US law makers to look into these issues through the new legislation.
“We are very concerned over the H-1B visa programme and the failure of the US authorities to address the need for hiking the quota from the current 65,000. It is getting a lot harder for H-1B visa holders to transit to green cards, which is also a cause for worry. The H-1B visa holders are highly skilled individuals who gain further training in their jobs in the US.
However, the queue for green cards is only getting longer and there’s no assurance to these talented individuals on whether they will get a green card or not after five to six years. Such ambiguities in the H-1B programme hits the US technology sector very hard,” USINPAC chairman Sanjay Puri told ET.
The organisation has met the chairman of the House judiciary committee, Congressman John Conyers, and Congresswoman Zoe Lofgren, chairman of the House judiciary committee’s subcommittee on immigration, citizenship and international law.
In the UK, the HSMP Forum, an organisation addressing the problems faced by foreigners who moved to the UK under HSMP and may now be forced to leave, is continuing its struggle to attain the removal of retrospective changes.
“Our forum will continue to strive to attain removal of the retrospective changes and we hope that UK’s new prime minister and home secretary would look into the matter and the Indian government will continue to urge the British government to stop such unfair treatment of Indian HSMP holders,” Amit Kapadia, director and co-ordinator of the HSMP Forum told ET.
India Inc to raise H-1B visa issue in US
| Via The Economic Times | |
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Text of Letter from Governor Schwarzenegger to U.S. Senate Majority and Minority Leaders on Comprehensive Immigration Reform
Governor Arnold Schwarzenegger today sent the following letter to U.S. Senate Majority Leader Harry Reid and U.S. Senate Minority Leader Mitch McConnell urging them to carefully consider the critical issues that affect the burgeoning innovation economy in California while developing comprehensive immigration reform that strengthens our borders and develops a practical way to deal with the undocumented residents who are already here.
June 4, 2007
The Honorable Harry Reid The Honorable Mitch McConnell
Majority Leader Minority Leader
United States Senate United States Senate
Washington, DC 20510 Washington, DC 20510
Dear Majority Leader Reid and Senator McConnell,
I appreciate the efforts by President Bush and a bipartisan working group of Senators to successfully develop comprehensive immigration reform that strengthens our borders and reforms a system that is so clearly broken. As this debate continues, I would like to raise some urgent concerns for California, especially the needs of innovation-based industries that are the backbone of our economic competitiveness.
California’s world-class higher education system and many of our leading industries benefit from foreign-born talent. The demand for skilled professionals with training in math, science and engineering far exceeds the supply of young people in the U.S. education system currently pursuing degrees in these areas. Improving the math and science education pipeline is one of our top priorities, but it will be years before we see the results of our efforts. The U.S. Department of Labor has projected that between 2004 and 2014 there will be nearly one million new jobs in math and computer sciences – the fastest growing professional sector in our economy. These highly-skilled workers are needed today to fill these jobs.
California’s knowledge-based businesses are the most innovative in the world and have fueled much of our nation’s economic growth over the past decades. From the birth of the personal computer, to today’s mobile technologies, these sectors have changed how we all live. To remain globally competitive, these industries must have the skilled workers they need and be able to draw from a pool of foreign talent. Although I support the bill’s effort to increase temporary H-1B visas it is critical that the annual level be based on the actual workforce needs of these sectors and not an arbitrary cap. The current caps of 65,000 for skilled professionals and 20,000 for holders of advanced degrees have proven to be far less than what is needed. Future levels for these visas must be based on the demands of the market or this policy will strangle these important industries, forcing them overseas. The H-1B program must also be enforced in a way that does not impose unnecessary, costly administrative burdens on law-abiding U.S. businesses. I am concerned that the current bill may make the H-1B program harder to administer, especially for smaller businesses, such as technology start-ups, and force these companies to consider moving critical functions, including product development, to facilities offshore.
My greatest concern, though, is with the proposal for a new points-based “green card” system designed to encourage the immigration of workers with training and skills in key areas. Replacing the current employer-based system, where companies can identify the specific skills needed and sponsor qualified immigrants, with an untested system run by the government threatens the very foundation of the program and must be amended. I strongly urge the Senate to retain an employment-based application process and consider authorizing a smaller points-based pilot program prior to any wider implementation.
I applaud your efforts to move forward with comprehensive immigration reform that secures our nation’s borders while attempting to meet the unique demands of a vibrant and changing world economy. I urge you to carefully consider the critical issues that affect the burgeoning innovation economy in California, as this legislation moves forward. Thank you for your consideration of this request and for your willingness to take on this complex and challenging issue.
Sincerely,
Arnold Schwarzenegger
cc: The Honorable Dianne Feinstein
The Honorable Barbara Boxer
California Congressional Delegation
###
The U.S. Immigration Law Blog by Ashwin Sharma 