VISA BULLETIN FOR MARCH 2009
<A href="/files/4941-4844/1212.pdf”>VISA BULLETIN FOR MARCH 2009
AILA Critical Over Economic Stimulus Bill Inclusion of Sanders H-1B Amendment
WASHINGTON, DC – The House of Representatives today passed the American Recovery and Reinvestment Act of 2009 (H.R.1), a multi-billion dollar set of spending and tax cut programs to help jumpstart the economy. The legislation now moves to the Senate, were Democratic leaders hope to bring it to a vote this evening. Unfortunately, the legislation includes the Sanders H-1B amendment which saddles TARP fund recipients with strict regulations for hiring foreign workers under the H-1B program that are so cumbersome as to amount to an out-and-out prohibition.
“The American Immigration Lawyers Association (AILA) is greatly disappointed that Congress chose political expediency over sound policy by allowing this amendment to stand. The misguided signal it sends is that immigrants are part of the problem rather than an integral part of the solution,” said Charles H. Kuck, President of AILA. “The stimulus bill looks helpful but is counterproductive when it restricts the financial industry’s access to top-flight global talent who can help create jobs for U.S. workers. In many ways, this decision is at odds with President Obama’s call that the stimulus legislation shouldn’t be shaped by ideological factors, but by ‘what works.’ For this reason, AILA is deeply disappointed that the final bill included the Sanders H-1B amendment.”
At the same time, AILA is pleased that Congress recognized the need to strike the Kingston E-Verify amendment from the final version of the stimulus bill. “On this proposed amendment, Congress did the right thing by striking it. E-Verify is a cumbersome system riddled with flaws and based on inaccurate databases that can all too easily undermine legal U.S. workers’ ability to get or keep their jobs,” said Kuck. “Congress needs to stop this piecemeal approach to solving America’s broken immigration system; what we need now is to develop forward-looking policies and begin a new constructive and rational conversation about fixing the immigration system.”
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The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.
The Latest H-1B Articles from The Economic Times
Though the officials did not reveal the citizenship of those arrested, names released indicated that almost all of them are of Indian origin.
Cutting visas for high-skilled immigrants won’t lessen US economic pain and could stifle domestic innovation, new research suggests. Know about NRE/ NRO A/c
For every H1B position requested by an S&P 500 US technology company, overall employment at the firm increased by five workers.
The modified amendment makes bail out help recipients jump through extra hoops before they can hire foreign workers.
Indian cos will remain unaffected as offshoring has not been directly targeted by the amendment and other categories of Visas are available.
AAO Holds 5-year Indian M.B.B.S. Degree Equivalent of U.S. M.D. Degree
VIA AILA
In
a non-precedent decision, the AAO holds that a 5-year M.B.B.S. degree
from India is the equivalent of a U.S. M.D. degree and discusses
evidence of degree equivalency.
DOL Published Notice of Public Briefings on New ETA 9035 and ETA 9089 Forms
[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Notices]
[Page 2634]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ja09-140]
[[Page 2634]]
—————————————
DEPARTMENT OF LABOR
Employment and Training Administration
Announcement of Public Briefings on Using Redesigned Labor
Certification Forms and Stakeholder Meeting
AGENCY: Employment and Training Administration, Labor.
ACTION: Notice.
—————————————
SUMMARY: The Office of Foreign Labor Certification (OFLC) in the
Department of Labor’s Employment & Training Administration (ETA) has
been re-engineering several of its program forms to improve the
information it collects from the public. These changes are intended to
improve the application to and day-to-day operation of OFLC programs.
The system re-engineering will impact the program for the Temporary
Employment of Nonimmigrants in Professional, Specialty Occupations, and
as Fashion Models (H-1B, H-1B1, and E-3). The Form ETA 9035, the Labor
Condition Application (OMB control number 1205-0310) used for the H-1B,
H-1B1, and E-3 programs, was redesigned and submitted for public
comment, 73 FR 36357, Jun. 26, 2008, and for review by the Office of
Management and Budget (OMB), 73 FR 66259, Nov. 7, 2008. In addition,
the Permanent Labor Certification Program (PERM), OFLC will be
implementing changes to the electronic filing process and is
implementing a revised application form. The redesigned Form ETA 9089
(OMB control number 1205-451) has been approved by OMB subject to
review of the final electronic version.
ETA is issuing this notice to announce that OFLC will offer two
public briefings to educate stakeholders, program users, and other
interested members of the public on using the re-engineered 9035 and
9089 application forms, and the online portal system by which most
users file program applications.
ETA will also hold a stakeholder meeting in San Diego, California
on February 3, 2009.
As currently planned, the two briefings will take place in
February, 2009 in San Diego and Baltimore, Maryland. This notice
provides the public with locations, dates, and registration information
regarding the briefings.
FOR FURTHER INFORMATION CONTACT: William L. Carlson, Ph.D.,
Administrator, Office of Foreign Labor Certification, Employment and
Training Administration, 200 Constitution Avenue, NW., Room C-4312,
Washington, DC 20210; Telephone: (202) 693-3010 (this is not a toll-
free number).
SUPPLEMENTARY INFORMATION: The following registration information
should be used by any member of the public planning to attend any of
the briefing sessions.
San Diego: February 4, 2009.
Time: 9:30 a.m. to 12:30 p.m.
PERM Update (changes to electronic filing and new application form)
and H-1B LCA Form 9035.
Location: Manchester Grand Hyatt, One Market Place, San Diego,
California 92101
Washington, DC: February 9, 2009.
Time: 9:30 a.m. to 12:30 p.m.
PERM Update (changes to electronic filing and new application form)
and H-1B LCA Form 9035.
Location: Baltimore Marriott Inner Harbor at Camden Yards, 110
South Eutaw Street, Baltimore, MD 21202.
Registration: To register for one of the briefings listed above,
please use the following information. To complete the registration
process on-line, please visit www.dtiassociates.com/
oflcbriefings. For questions regarding the registration process, please
call (703) 299-1623 (this is not a toll-free number). Due to space
considerations, attendance will be limited to those who register on-
line.
Signed in Washington, DC, this 9th day of January 2009.
Brent R. Orrell,
Deputy Assistant Secretary, Employment and Training Administration.
[FR Doc. E9-678 Filed 1-14-09; 8:45 am]
BILLING CODE 4510-FP-P
DOS Publishes Final Rule on Diversity Visa Program
[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Rules and Regulations]
[Page 2369]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ja09-11]
—————————————
DEPARTMENT OF STATE
22 CFR Part 42
[Public Notice: 6457]
RIN 1400-AB84
Visas: Documentation of Immigrants Under the Immigration and
Nationality Act, as Amended: Electronic Petition for Diversity
Immigrant Status
AGENCY: State Department.
ACTION: Final rule.
—————————————
SUMMARY: This rule makes final an interim rule published in the Federal
Register on August 18, 2003, amending the Department’s regulations
pertaining to the manner in which aliens may petition for the
opportunity to participate in the Diversity Visa Program. The rule
changed the standard mail-in system previously used to an entirely
electronic system for the purpose of making the process less prone to
fraud, improve efficiency and significantly reduce the processing costs
to the Government.
DATES: Effective Date: This rule is effective on January 15, 2009.
FOR FURTHER INFORMATION CONTACT: Lauren Prosnik, Legislation and
Regulations Division, Visa Services, Department of State, Washington,
DC 20520-0106, (202) 663-1202, e-mail (prosnikla@state.gov).
SUPPLEMENTARY INFORMATION:
Why is the Department promulgating this rule?
The Department published an interim rule, Public Notice 4446 at 68
FR 49353, Aug. 18, 2003, with a request for comments. The comment
period expired on October 17, 2003. No public comments were received
during the comment period.
What did the rule do?
The rule amended the Department’s regulations at 22 CFR 42.33 to
establish an entirely electronic system utilizing a specifically
designated Internet Web site, by which aliens can petition for the
opportunity to participate in the Diversity Visa Program.
Why was the petitioning process changed?
There are three main benefits to changing the mail-in process to an
electronic format. First, it helps eliminate multiple applications,
prohibited under INA Section 204(a)(1)(I). Secondly, it greatly reduces
the cost of administering the system. Finally, it benefits the
petitioners by immediately notifying them of the receipt of the
petition, impossible under the mail-in system.
PART 42–VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION
AND NATIONALITY ACT, AS AMENDED
Accordingly, the interim rule amending 22 CFR part 42 which was
published at 68 FR 49353 on August 18, 2003, is adopted as final
without change.
Dated: January 2, 2009.
Janice L. Jacobs,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. E9-698 Filed 1-14-09; 8:45 am]
BILLING CODE 4710-06-P
Immigration Statistics 2007 – Via the Department of Homeland Security
Immigration Enforcement Actions: 2007 (PDF – 4 pages – 181.99 KB)
This report presents information on the apprehension, detention, return
and removal of foreign nationals during fiscal year 2007.
Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2007 (PDF – 7 pages – 258 KB)
This report provides estimates of the unauthorized immigrant population
residing in the United States as of January 2007 for periods of entry
and leading countries of birth and states of residence.
Nonimmigrant Admissions to the United States: 2007 (PDF, 10 pages – 297 KB)
This report examines the number and characteristics of nonimmigrant admissions in fiscal year 2007.
Data on Nonimmigrant Admissions.
Access data on nonimmigrant admissions by class, country, and other characteristics for fiscal year 2007.
Refugees and Asylees: 2007 (PDF, 6 pages – 413 KB)
This report presents information on the number and characteristics of
persons admitted as refugees or granted asylum to the United States in
fiscal year 2007.
Data on Refugees and Asylees.
Access data on persons admitted as refugees or granted asylum in fiscal year 2007 by several characteristics.
Yearbook of Immigration Statistics
2007 Yearbook of Immigration Statistics
The Yearbook is a compendium of tables that
provides data on foreign nationals who, during fiscal year 2007, were
granted lawful permanent residence, were admitted into the United
States on a temporary basis, applied for asylum or refugee status, or
were naturalized. The Yearbook also presents data on immigration law enforcement actions.
Janet Napolitano was sworn in on January 21, 2009 as the third Secretary of the Department of Homeland Security.
VIA DHS.gov
Secretary Janet Napolitano
Janet
Napolitano was sworn in on January 21, 2009 as the third Secretary of
the Department of Homeland Security. Prior to joining the Obama
Administration, Napolitano was mid-way through her second term as
Governor of the State of Arizona. While Governor, Napolitano became the
first woman to chair the National Governors Association, where she was
instrumental in creating the Public Safety Task Force and the Homeland
Security Advisors Council. She also chaired the Western Governors
Association. Napolitano previously served as the Attorney General of
Arizona and the U.S. Attorney for the District of Arizona.
Napolitano’s homeland security background is extensive. As U.S.
Attorney, she helped lead the domestic terrorism investigation into the
Oklahoma City Bombing. As Arizona Attorney General, she helped write
the law to break up human smuggling rings. As Governor, she implemented
one of the first state homeland security strategies in the nation,
opened the first state counter-terrorism center and spearheaded efforts
to transform immigration enforcement. She’s also been a pioneer in
coordinating federal, state, local and bi-national homeland security
efforts, and presided over large scale disaster relief efforts and
readiness exercises to ensure well-crafted and functional emergency
plans.
Napolitano graduated from Santa Clara University in 1979, where she
won a Truman Scholarship, and received her Juris Doctor (J.D.) in 1983
from the University of Virginia School of Law. After law school she
served as a law clerk for Judge Mary M. Schroeder of the U.S. Court of
Appeals for the Ninth Circuit before joining the law firm of Lewis and
Roca.
USCIS Updates I-9 Form
USCIS now offers the new version of Form I-9; however, two versions exist. Please note that the 06/05/07 version is only available if used BEFORE February 2, 2009. The 02/02/09 version will be appropriate for use ON or AFTER February 2, 2009.
Obama may not take Bush bus to India
An interesting article by Ks Manjunath of The Business Standard regarding his opinion that President Obama is “[u]nlikely to be as friendly towards India as the previous administration.”
Obama, Satyam won’t spell outsourcing doom
Via ZDNet.com
INDIA–Newly sworn-in U.S. President Barack Obama may not be a fan
of outsourcing, but the Indian IT market has little to fear as the
industry becomes a business need in the globalized world, say experts.
The U.S. Immigration Law Blog by Ashwin Sharma 