Why Skilled Immigrants Are Leaving the U.S.
BusinessWeek Online Article – Via Yahoo News
By Vivek Wadhwa
This is an extremely interesting article by Mr. Wadhwa which highlights the affects of the broken US Immigration System. Years of backlogs and additional unnecessary delays owing to overworked and untrained service center staff, out-of-date regulations and laws are creating a vacuum within the highest ranks of this nation’s academic, business and professional sectors.
Excerpts:
“At the end of 2006, more than 1 million skilled professionals (engineers, scientists, doctors, researchers) and their families were in line for a yearly allotment of only 120,000 permanent resident visas. The wait time for some people ran longer than a decade. In the meantime, these workers were trapped in “immigration limbo.” If they changed jobs or even took a promotion, they risked being pushed to the back of the permanent residency queue.
…
Why should we care? Because immigrants are critical to the country’s long-term economic health. Despite the fact that they constitute only 12% of the U.S. population, immigrants have started 52% of Silicon Valley‘s technology companies and contributed to more than 25% of our global patents. They make up 24% of the U.S. science and engineering workforce holding bachelor’s degrees and 47% of science and engineering workers who have PhDs.”
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The US Immigration News Blog by Ashwin Sharma is BlawgSearch’s all-time second most popular Immigration Blog
02/27/2009
I am pleased to note that this blog ranks an all-time 120th overall among thousands of Law Blogs on BlawgSearch.com and 2nd all-time overall for Immigration Law Blogs, right behind “ImmigrationProf Blog” by UC Davis School of Law Professor Kevin R. Johnson, Professor Bill O. Hing and Professor Jennifer Chacón.
Premium Processing Service Expanded for Certain Form I-140 Petitions
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) will expand Premium Processing Service for designated Forms I-140 (Immigrant Petition for Alien Worker) to include alien beneficiaries who have reached, or are reaching, their limitation of stay in H-1B nonimmigrant status. Currently, only certain alien beneficiaries who are in H-1B nonimmigrant status at the time of filing may request premium processing for Form I-140.
Beginning March 2, 2009, USCIS will accept Form I-907 (Request for Premium Processing Service) for alien worker petitions filed on behalf of alien beneficiaries who, as of the date of filing the Form I-907:
Are the beneficiary of a Form I-140 petition filed in a preference category that has been designated for premium processing service;
Have reached the sixth-year statutory limitation of their H-1B stay, or will reach the end of their sixth year of H-1B stay within 60 days of filing;
Are only eligible for a further H-1B extension under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and
Are ineligible to extend their H-1B status under section 106(a) of AC21.
Section 104(c) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 and an immigrant visa is not immediately available. Section 106(a) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to one year, provided the Form I-140 petition or underlying labor certification has been pending for at least 365 days.
Premium Processing offers 15 calendar day-processing for designated employment-based petitions and applications upon request. There is a nonrefundable fee of $1,000 for this service. During the 15-day period, USCIS will issue an approval or denial notice, a notice of intent to deny, a request for evidence, or open an investigation for fraud or misrepresentation.
More details on premium processing for Form I-140 petitions are available in a Fact Sheet in the Related Links section of this page.
USCIS Delays Rule Changing List of Documents Acceptable to Verify Employment Eligibility
VIA USCIS.GOV
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today it has delayed by 60 days, until April 3, 2009, the implementation of an interim final rule entitled “Documents Acceptable for Employment Eligibility Verification” published in the Federal Register on Dec. 17, 2008. The rule streamlines the Employment Eligibility Verification (Form I-9) process.
The delay will provide DHS with an opportunity for further consideration of the rule and also allows the public additional time to submit comments. A notice announcing the delay was transmitted today to the Federal Register. In addition, USCIS has reopened the public comment period for 30 days, until March 4, 2009.
Employers must complete a Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States. The interim final rule will amend regulations governing the types of acceptable identity and employment authorization documents employees may present to their employers for completion of the Form I-9. Under the interim rule, employers will no longer be able to accept expired documents to verify employment authorization on the Form I-9.
The interim final rule and an informational copy of the revised Form I-9 will continue to be available for public comment at http://www.regulations.gov.
Experts slam ban on bailed-out firms hiring H-1B holders
Via The Times of India
WASHINGTON: Economic experts have slammed a provision in the $787 bailout package that US President Barack Obama signs into law on Tuesday barring banks and other financial institutions receiving government funds from hiring foreign workers.
But analysts also suggest that the impact of the provision in the American Recovery and Reinvestment Act barring such firms from hiring foreigners through the H-1B visa programme, largely cornered by Indian techies, may not be as severe as some prophets of doom fear.
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ACLU of Florida Demands the Release of Illegally Detained Woman in Lake County
Press Release from ACLUFL.ORG
FOR IMMEDIATE RELEASE:
February 23, 2009
CONTACT:
ACLU of Florida Communications Office, (786) 363-2737 or media@aclufl.org
OCALA, Fla. – The American Civil Liberties Union of Florida filed a Petition for Writ of Habeas Corpus on Monday in federal court to have Rita “Fany” Cote brought before a judge and released from the Lake County Detention Center.
Cote, a twenty-three-year-old mother of three, was arrested without charge, unjustly taken from her husband and children by Tavares Police. The police ignored a domestic violence call to which they were responding, and arrested Cote instead who couldn’t prove her citizenship, usurping federal immigration officers’ authority.
After a week, she remains illegally detained at Lake County Detention Center without charge, without a warrant against her, without probable cause and without review of her detention by a judicial officer. Immigration and Customs Enforcement (ICE) issued a forty-eight-hour detainer for her on February 18, 2009, which has since elapsed.
“The Tavares Police ignored the law when they arrested Mrs. Cote. They did not have the authority to arrest Fany and they have been jailing her unlawfully for the past week, tearing her away from her husband and three small children,” said Glenn Katon, Senior Staff Attorney for the ACLU of Florida. “They have not charged her with a crime or brought her before a judge as the law clearly requires. Even the ICE detainer, the legality of which is doubtful at best, expired on Friday. By continuing to detain Fany without charge, the city’s violation of the constitution is getting more egregious each day.”
Cote’s sister placed a call to 9-1-1 on Monday, February 16, 2009, as a result of a domestic assault by her boyfriend. When City of Tavares Police arrived to the Cote home, they immediately asked everyone for identification to prove their citizenship.
Cote’s sister, the complaining witness, had bruises on her neck and made several pleas to press charges against her boyfriend. Tavares officers refused to remove the assailant from the home and did not follow the procedures required by Florida Statute for assisting victims of domestic violence. Instead, they arrested Fany Cote, taking her away from her family over an outstanding deportation order. In 2000, when she was only fifteen, Fany’s parents brought her to Florida from Honduras without documentation. Her husband, Bobby, and their three small children, ages seven, four, and two, are all U.S. citizens.
Fany Cote has been held for a week without charge. Immigration and Customs Enforcement (ICE) issued a forty-eight-hour detainer for her on February 18, 2009, which has since elapsed.
“As a husband and the father of her children, I’m baffled and confused about why my wife, a good mother, and a good wife, was arrested after total cooperation with the police. Why does the government feel they don’t need to follow the rules?” said Bobby Cote. “She wasn’t hiding and she’s not a suspect for anything. Our kids ask about their mother every night. It’s very tough on our family. We’re lost without her and we need her home.”
The Honduran Consulate is also very concerned about the actions taken against Fany Cote. “We are worried that the Tavares Police department’s arrest and detention of Mrs. Cote is unnecessary and against the law. We hope for her and her family’s sake that she is released at once and given the opportunity to address concerns about her immigration status,” said John DeLeon, who represents the Consulate.
A PDF copy of the Writ of Habeas Corpus can be viewed here.
ACLU of Florida senior attorney Glenn Katon is representing Rita “Fany” Cote with John Barry, ACLU of Florida cooperating counsel. Cote v. Lubins and Borders was filed in the U.S. District Court, Middle District of Florida, Ocala Division.
About the ACLU of Florida
The American Civil Liberties Union (ACLU) of Florida is freedom’s watchdog, working daily in the courts, legislatures and communities to defend individual rights and personal freedoms guaranteed by the Constitution and the Bill of Rights. For additional information, visit our Web site at: www.aclufl.org.
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Secretary Napolitano Issues Bold Efficiency Review Initiative
Via DHS.gov
Release Date: February 17, 2009
For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010
U.S. Department of Homeland Security (DHS) Secretary Janet Napolitano announced today a department-wide action directive challenging every agency, component and office to generate new efficiencies and to promote greater accountability, transparency and customer satisfaction.
“Developing a leaner, smarter and more efficient DHS is a responsibility shared by all agencies, offices and employees across the department,” said Secretary Janet Napolitano. “Transforming DHS will require significant effort and input on everyone’s behalf. But through a unified and sustained effort, we will make lasting and meaningful improvements.”
An Efficiency Review Initiative Steering Committee, composed of key office and component leadership, will be established to coordinate this DHS-wide initiative. The Steering Committee, which will have its initial meeting before the end of the month, will identify and develop strategies to reduce costs, streamline processes, eliminate duplication and improve transparency and customer service.
The action directive requires each agency to initiate an internal review of current efforts related to improving efficiency, which will be incorporated into a department-wide inventory.
When she was Governor of Arizona, Napolitano oversaw a similar initiative resulting in more than $1 billion in savings and cost avoidances for the state government focused on procurement, energy conservation, travel, fleet management, training and electronic communications.
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Resources for New Immigrants
Resources for New Immigrants
The United States has a long history of welcoming immigrants from all over the world. We value the contributions of immigrants, who continue to enrich this country and preserve its legacy as a land of freedom and opportunity. Though we are a nation of diverse cultures and backgrounds, we are bound by our shared history, the common civic values set forth in our founding documents, and the English language.
USCIS is committed to helping immigrants successfully integrate into American civic culture. Through the landmark publication Welcome to the United States: A Guide for New Immigrants, USCIS offers a comprehensive guide containing practical information to help immigrants settle into everyday life in the United States, as well as basic civics information that introduces new immigrants to the U.S. system of government. Welcome to the United States: A Guide for New Immigrants is available online in English, Spanish, Chinese, Arabic, French, Haitian Creole, Korean, Polish, Portuguese, Russian, Tagalog, Urdu, and Vietnamese. New permanent residents can request a free copy of the guide in English (Form M-618), Spanish (Form M-618-S), or Chinese (Form M-618-C) from the USCIS Forms Line by calling 1-800-870-3676.
Welcome to the United States is also available for purchase in English, Spanish, and Chinese through the U.S. Government Printing Office (GPO). To order a print version of this publication, follow the GPO link to the right or call 1-866-512-1800 (toll-free) or 202-512-1800 if you live in the Washington, DC metro area.
*This guide contains information on a variety of topics that are not within the jurisdiction of DHS/USCIS. If you have a question about a non DHS/USCIS issue, please refer directly to the responsible agency or organization for the most current information. The information in this guide is correct at the time of publication; however it may change in the future.
This page can be found at <a href="http://www.uscis.gov/newimmigrants
Welcome to the United States: A Guide for New Immigrants (English Version) (1595KB PDF)
Brochure – Welcome to the United States: A Guide for New Immigrants (English Version) (3419KB PDF)
Welcome to the United States: A Guide for New Immigrants (Arabic Version) (2229KB PDF)
Welcome to the United States: A Guide for New Immigrants (Chinese Version) (3626KB PDF)
Welcome to the United States: A Guide for New Immigrants (Haitian Creole Version) (2094KB PDF)
Welcome to the United States: A Guide for New Immigrants (Korean Version) (2227KB PDF)
Welcome to the United States: A Guide for New Immigrants (French Version) (2123KB PDF)
Welcome to the United States: A Guide for New Immigrants (Polish Version) (2289KB PDF)
Welcome to the United States: A Guide for New Immigrants (Portuguese Version) (3759KB PDF)
Welcome to the United States: A Guide for New Immigrants (Russian Version) (2602KB PDF)
Welcome to the United States: A Guide for New Immigrants (Spanish Version) (1682KB PDF)
Welcome to the United States: A Guide for New Immigrants (Tagalog Version) (2615KB PDF)
Welcome to the United States: A Guide for New Immigrants (Urdu Version) (2188KB PDF)
Welcome to the United States: A Guide for New Immigrants (Vietnamese Version) (2284KB PDF)
Update on Immigration Amendments in the Stimulus Bill (HR 1)
Via AILA
On 02/17/09, President Obama signed the American Recovery and Reinvestment Act of 2009, also known as the stimulus bill.
The conference report on the bill was agreed to by the House of Representatives (246-183) and the Senate (60-38) on 02/13/09.
The final version of the law does include the Sanders H-1B amendment. The Kingston and Calvert E-Verify amendments have been removed from the final version so there are no E-Verify related provisions in the final bill.
AshwinSharma.com is one of the Top 10 Blogs on Immigrants’ Rights
Tom Head, of About.com writes, “Immigration lawyer Ashwin Sharma aggregates the latest news on immigration issues, throws in some thoughtful and contagiously calm and well-reasoned analysis, and puts it all on a web site for the world to access.”
Continue reading “Top 10 Blogs on Immigrants’Rights”
Visions Systems Group, Inc. Indictment for Conspiracy in Visa and Mail Fraud
VIA AILA
On 1/22/09 Visions System Group, Inc. was indited for conspiracy and fraud in filing H-1B petitions and labor certification applications, as well as mail fraud. <A href="/files/4941-4844/112233.pdf”>United States v. Vision Systems Group, Inc.
The U.S. Immigration Law Blog by Ashwin Sharma 
Li: Quotas still hurt U.S. – Via Yale Daily News
Via Yale Daily News
Article by Mr. Robert Li
Mr. Li shares his views on the large number of obstacles an international student has in obtaining employment in the US.