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”.
IMMIGRATION WOES: U.S. gives teenager approval to work
Via The Toledo Blade
08/12/2006
|
|
PANDORA, Ohio – In time to start college this
fall, a German-born teenager who has been fighting to stay in the
United States has been granted employment authorization by U.S.
immigration officials, his attorney said yesterday.
That means Manuel Bartsch can for the first time get a Social Security
number, a driver’s license, a job, go to college, and as he put it, “be
normal.”
Mr. Bartsch, 19, made international headlines in December when he was
jailed and ordered deported after meeting with immigration officials in
Cleveland to try to iron out his legal status.
He ultimately was released and allowed to finish his senior year at
Pandora-Gilboa High School, but his future remains uncertain as he
awaits an as yet-unscheduled hearing in immigration court.
“The key thing is, he’s not subject to immediate removal or detention,”
his attorney, David Leopold, said. “This development is a good one
because it permits him at least in the interim to continue to get his
education.”
Mr. Bartsch said in a telephone interview that he was scheduled to
begin business courses at the University of Northwestern Ohio in Lima
on Oct. 3. He took a placement test at the private college Thursday, he
said, but was not able to register for classes because he lacked a
Social Security number.
Shawn Saucier, spokesman for U.S. Citizenship and Immigration Services,
confirmed that an employment authorization document would enable Mr.
Bartsch to get a Social Security number and legally work in the United
States. Admission to college is dependent upon the college, he said.
Mr. Bartsch, who was accepted to the University of Northwestern Ohio
before he graduated in May, said he was encouraged by the latest
development in his case.
“I’ve been hanging out with my uncle and friends – just trying to have
a good time,” he said. “That’s about all I could do. I’m not allowed to
work at all. I’ve had some boring days. I’ve done a lot of Xbox
playing.”
The teenager was born in 1987 in Germany, where he was reared by his
grandparents. His grandmother was killed in an auto accident in 1993.
His step-grandfather, Toby Deal, brought him to Putnam County on a 90-day visa waiver when he was 10.
Mr. Bartsch didn’t learn until he was much older that Mr. Deal never
filled out the necessary forms that would have made it legal for him to
stay in the country. Over Christmas break, he went to Cleveland to try
to straighten out his situation with immigration officials, but instead
he spent two weeks in jail.
Mr. Leopold, a Cleveland immigration attorney, took his case for free
and was able to get a federal immigration judge to listen to Mr.
Bartsch’s story.
U.S. Immigration and Customs Enforcement agreed to release Mr. Bartsch,
and his case is now on hold while two private immigration bills
intended to give him permanent resident status make their way through
Congress.
Mr. Bartsch, who is now living with Mr. Deal’s brother, Chuck, near
Ottawa, Ohio, said he was “just glad that I got the work authorization
so I can go to school and hopefully wait it out.”
Accused Ethiopian torturer loses appeal
The Atlanta Journal-Constitution
Kelbessa
Negewo, the former Atlanta bellhop accused of torturing political
opponents during the brutal period in Ethiopia’s history known as the
Red Terror campaign, has lost an appeal to stay in the United States.
Negewo’s case was significant because his was the first removal
order obtained by ICE under the Intelligence Reform Act of 2004.
Michael Keegan, a spokesman for U.S. Immigration and Customs
Enforcement (ICE) in Washington, said Negewo, who is currently being
detained by immigration authorities in Atlanta, can still appeal.
Negewo fled his homeland in 1987 and came to the United States under a
student visa.
A few years later, he was identified by one of his accusers,
Edgegayehu Taye, who worked at the same hotel. Taye notified two other
Ethiopian women who identified Negewo as the man who had tortured them
during the bloody regime of Mengistu Haile Mariam.
“We are pleased that this process has come to a definitive
conclusion that will result in an added measure of justice with Mr.
Negewo being removed from this country where he should never have been
allowed to enter and receive asylum,” said Michael Tyler, a partner
with the firm of Kilpatrick Stockton, which represented the women. “And
it’s altogether fitting and proper that he be returned to Ethiopia
where he has been convicted for his acts of murder and torture and
sentenced to life imprisonment.”
Tyler said he had spoken to his clients who are “pleased with this result.”
Negewo had vigorously fought deportation claiming that if he were
returned to Ethiopia, he would likely be tortured. He denied any
wrongdoing.
In its ruling earlier this month, the Department of Justice’s Board
of Immigration Appeals, upheld a federal judge’s determination that
Negewo committed acts of persecution, torture and extrajudicial
killings against political opponents in his homeland. It also said
Negewo could expect to receive “at least some aspect of due process in
the Ethiopian court system.”
In 2002, Ethiopia convicted him of crimes in absentia.
Negewo’s case also garnered much attention because of the way in
which he was identified, which had the makings of a Hollywood script.
Taye, one of Negewo’s accusers, worked at the same hotel as a waitress.
According to previous AJC articles, about 15 years ago, a shocked Taye
recognized Negewo as she stepped off an elevator.
In a 2005 interview with The Atlanta Journal-Constitution, Taye,
recalled that period in Ethiopia. “There were a lot of things going
on,” she said. “People were arrested, tortured and people
disappeared… . You lived in fear and in terror always.”
Neither Taye nor the other women could be reached for comment.
Taye said she was arrested and taken to a place where she was forced
to strip to her underwear. There, she was hogtied, a wooden pole placed
between her hands and feet, suspended between two pieces of furniture
and beaten.
She didn’t see Negewo again until she moved to Atlanta. Taye said
she was horrified to see him on the job. “It was very hard for me to
see him,” she said. “I thought I was dreaming. “
Taye said she went home and cried uncontrollably. “He was the primary reason for me to flee my country.”
In 1990, according to a previous AJC article, the women sued Negewo.
Several years later a federal judge ordered him to pay $1.5 million in
civil damages.
But that wasn’t the end. In 1995, the former Immigration and
Naturalization Service granted Negewo citizenship. “That obviously
should not have happened,” Kenneth Smith, an ICE official, was quoted
as saying in that same article. In 2001, the government sued to revoke
his citizenship, which he later voluntarily relinquished.
Then last year, authorities arrested Negewo at his Union City home.
Gonzales Changing Immigration Courts
The Associated Press
Wednesday, August 9, 2006; 10:24 PM
WASHINGTON
— Immigration court judges will undergo periodic evaluations and
additional immigration appeals judges will be hired, Attorney General
Alberto Gonzales announced Wednesday.
Gonzales opened a review of
the immigration courts, which operate as part of the Justice
Department, in January after chastising some of them for “intemperate
or even abusive” conduct toward asylum seekers.
“This review has left me reassured of the talent and professionalism
that exists in the immigration courts and at the Board of Immigration
Appeals,” Gonzales said in a statement. But he found room for
improvement.
The more than 200 immigration judges handle hundreds
of thousands of cases each year. Some of the judges have criticized the
quality of their colleagues’ work and the disparaging way some judges
have treated foreigners seeking to remain in this country.
Gonzales’
predecessor, John Ashcroft, overhauled immigration reviews in 2002, but
his changes have been highly criticized. Ashcroft’s overhaul led to
more asylum and other cases being decided by a single judge rather than
a three-judge panel of the Bureau of Immigration Appeals. The reforms
were followed by a marked increase in the number of cases later taken
to regular federal appeals courts.
Gonzales declined to return to
the three-judge format, but made other tweaks to Ashcroft’s reforms,
such as allowing for the return of a case to the immigration appeals
panel if it warrants reconsideration.
New U.S. Policy Aims To Support Cuban Families’ Reunification
United States continues to discourage massive influx of Cuban refugees
Washington — The Bureau of U.S. Citizenship and Immigration
Services (USCIS) has announced changes to its existing policy that will
support the reunification of families separated by the regime of Cuban
dictator Fidel Castro by reducing the backlog for those waiting for
family-based immigrant visas, according to the U.S. Department of
Homeland Security (DHS).
USCIS, which is a division of the
DHS, issued a statement August 11 on the new policy and reaffirmed its
ongoing commitment to assist Cuban migrants and refugees who succeed in
reaching U.S. shores. At the same time, however, the Bush
administration is urging the Cuban people to remain on their native
soil “so that they may work for their freedom and a democratic
society,” said DHS Deputy Secretary Michael Jackson.
Immigration
processing in Cuba is regulated by the 1994 Joint Communique that
allows the United States to process a minimum of 20,000 migrants for
travel to the United States each year. Historically, three classes —
family-based immigrant visas, refugees and the Special Cuban Migration
Program, referred to as the Cuban Lottery — have made up that goal,
but there has been a significant backlog of individuals that have
applied for family-based immigrant visas. The Homeland Security plan
aims to reduce this backlog by recognizing a fourth class of migrants
— Discretionary Family Reunification (Backlog) Parolees.
In
support of its goal to reunify families split apart by the Castro
regime, USCIS said it “will exercise its discretion to increase the
numbers of Cuban migrants and refugees admitted to the United States
each year who have family members in the United States.”
Approximately
21,000 Cuban migrants are admitted into the United States annually.
Even though that total number will not change, a significantly larger
portion of the total will be Cubans with family members in the United
States, according to the agency.
Since the recent transfer
of power from an ailing Castro to his brother Raul, U.S. officials have
been anticipating a potential influx of migrants from Cuba. Although
“we discourage anyone from risking their life in the open seas in order
to travel to the United States, … if a Cuban chooses to reunite with
their [U.S.-based] family, … we support a safe, legal and orderly
migration,” said Jackson.
To help ensure that any migration
from Cuba meets the “safe, legal and orderly” requirement, Homeland
Security has pledged to work closely with Congress to develop
legislation that will increase both criminal and civil penalties for
maritime alien smugglers. Modeled on current maritime drug-smuggling
laws, the proposed legislation will enhance prosecution of those who
repeatedly endanger innocent lives.
The agency noted that some
of Cuba’s medical professionals also might qualify for immigrant
status. “Using existing parole authority, the United States will allow
Cuban medical personnel currently conscripted to study or work in a
third country under the direction of the Cuban government to enter the
United States,” said USCIS. This policy will also apply to the
families of these professionals, who often must remain in Cuba.
The full text
of a press release on the USCIS measures relating to Cuban migrants and
refugees is available on the Department of Homeland Security Web site.
(The Washington File is a product of the Bureau of International
Information Programs, U.S. Department of State. Web site:
http://usinfo.state.gov)
VISA BULLETIN FOR SEPTEMBER 2006
Visa Bulletin
Number 97
Volume VIII
Washington, D.C.
VISA BULLETIN FOR SEPTEMBER 2006
A. STATUTORY NUMBERS
1.
This bulletin summarizes the availability of immigrant numbers during
September. 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 August 10th 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.
The fiscal year 2006 limit for Family-sponsored preference immigrants
determined in accordance with Section 201 of the Immigration and
Nationality Act (INA) is 226,000. The fiscal year 2006 limit for
Employment-based preference immigrants calculated under INA 201 is
143,949. 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., 25,896 for FY-2006. The
dependent area limit is set at 2%, or 7,399.
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”.
Schedule
A Workers: Employment First, Second, and Third preference Schedule A
applicants are entitled to up to 50,000 “recaptured” numbers.
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 | MEXI-CO | PHILIPP-INES |
| 1st | 01JAN98 | 01JAN98 | 01JAN98 | 15JUL92 | 22OCT91 |
| 2A | 22SEP99 | 22SEP99 | 22SEP99 | 22SEP99 | 22SEP99 |
| 2B | 01DEC96 | 01DEC96 | 01DEC96 | 01DEC91 | 01JAN94 |
| 3rd | 01OCT98 | 01OCT98 | 01OCT98 | 15JUN88 | 01DEC85 |
| 4th | 01AUG95 | 01OCT94 | 01JUL95 | 01JAN93 | 15FEB84 |
*NOTE: For September, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates
earlier than 22SEP99. 2A numbers SUBJECT to per-country limit are “Unavailable”.
|
All |
CHINA- mainland born |
INDIA | MEXICO | PHILIP-PINES | |
| Employ-ment -Based |
|||||
| 1st | C | C | C | C | C |
| 2nd | C | 01MAR05 | U | C | C |
| 3rd | 01MAR02 | 01MAR02 | 15APR01 | 22APR01 | 01MAR02 |
| Schedule A Workers |
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 |
| 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-2006 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
September, immigrant numbers in the DV category are available to
qualified DV-2006 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 | |
| EUROPE | Current | |
| NORTH AMERICA (BAHAMAS) | Current | |
| OCEANIA | Current | |
| SOUTH AMERICA, and the CARIBBEAN | Current |
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-2006 program ends as of September 30, 2006. DV visas may
not be issued to DV-2006 applicants after that date. Similarly,
spouses and children accompanying or following to join DV-2006
principals are only entitled to derivative DV status until September
30, 2006. DV visa availability through the very end of FY-2006 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 OCTOBER
For October, 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 | 5,700 |
Except: |
| ASIA | 1,550 | |
| EUROPE | 3,450 | |
| NORTH AMERICA (BAHAMAS) | 4 | |
| OCEANIA | 150 | |
| SOUTH AMERICA, and the CARIBBEAN | 225 |
D. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY IN THE COMING MONTHS
The
Employment Third preference cut-off date for most countries has been
advanced very rapidly in recent months in an effort to maximize number
use under the annual numerical limit. As a result, applicant demand
for numbers, particularly for adjustment of status cases at Citizenship
and Immigration Service (CIS) Offices, is expected to increase
significantly. Therefore, it cannot be assumed that such advances will
continue during the coming months. It should be noted that the
Department of Labor expects to complete its backlog reduction effort
during FY-2007. This effort will result in tens of thousands of cases,
including many with very early priority dates, becoming eligible for
processing at CIS Offices. This could require the retrogression of the
Employment Third preference cut-off dates at any time during FY-2007.
E. 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: August 10, 2006.
Eager to make it in America
Via Mercury News
08/08/2006
A common perception is that illegal immigrants are uneducated laborers with few opportunities at home. This family smashes that stereotype.
For many immigrants, few things represent the American dream like a
home of their own. So it was a proud day for a Thai immigrant and her
three adult children when they pooled their resources to buy a
five-bedroom, two-story home in Sacramento last August.
But their success story is in jeopardy. Two of her children —
college graduates who gave up promising careers in their homeland —
are illegal immigrants at risk of deportation.
The family’s story illustrates an often overlooked reality about
immigration. A common perception is that illegal immigrants are
uneducated laborers with few opportunities at home who gratefully take
menial jobs in America. Yet, a quarter of undocumented immigrants have
at least some college education, with 15 percent holding a bachelor’s
degree or better, according to a report by the Pew Hispanic Center.
Their story also debunks another common assumption about
undocumented immigrants: The Thai family didn’t cross the border
illegally, but entered the country with valid visas, like almost half
of the nearly 12 million undocumented immigrants living in the United
States. A full 90 percent of illegal immigrants who are not from Mexico
or Central America are visitors who have overstayed their visas,
according to another Pew report.
Edison protester remains in jail
Via Home News Tribute
08/08/2006
EDISON — Rajnikant Parikh, the man whose encounter with township police
on July 4 sparked a protest and counter-protest rallies last week, is
being held at the Middlesex County Adult Correction Center in North
Brunswick, pending deportation, which one government official called
“imminent.”
OAS_AD(‘Right3
He has been held in the facility since Wednesday, when he was arrested at the rally, immigration officials said yesterday.
Parikh spoke with his American-born wife, Julie Patel, for about five minutes on the telephone on Sunday.
Authorities said Parikh violated immigration law by using multiple identities — an allegation his attorney denies.
Paula
Grenier, public affairs officer for the U.S. Immigration and Customs
Enforcement office in Boston, which has jurisdiction in New Jersey,
said: “Parikh was on an outstanding deportation order passed in 2005,
and on that he was arrested. It doesn’t matter whether he is married to
an American-born citizen. He is charged with violation of immigration
law.”
However, his lawyer, Jonathan Saint-Preux of Irvington,
said Parikh is a victim of a misunderstanding, and he plans to file
motions to re-open Parikh’s case.
The rally Wednesday was called
to protest a July 4 incident in which Parikh alleged that he was struck
by Edison police officer Michael Dotro during an unauthorized fireworks
display in the township. Parikh was charged with assault on a police
officer at the fireworks display.
The counter-protest last week was staged by people supporting the police.
Saint-Preux
denied the multiple-identity allegation, though he did indicate
yesterday that authorities contend Prikh’s fingerprints match prints
taken in 1995 under a different name.
“He does not have multiple identities,” said the attorney.
According
to Saint-Preux, Parikh at one time was ordered to leave the country,
and did so. But, according to Saint-Preux, Parikh was allowed to return
to the United States legally.
While Saint-Preux believes Parikh
will be cleared of charges, the government thinks otherwise. “His
deportation is imminent” said an officer at the Newark district office
of the the ICE, a branch of the Department of Homeland Security.
According
to an ICE spokesman, people arrested by the department are placed in
custody where there is space available. Normally detainees are housed
in Elizabeth, but because of space needs Parikh is being housed in
Middlesex County.
Saint-Preux said yesterday he expected it would take at least two weeks for his client’s case to be heard.
Parikh’s wife, Julie Patel, said yesterday she talked to her husband “for less than five minutes in the early evening.”
Patel directed questions about her husband’s legal battles to Saint-Preux.
Meanwhile,
officials in Edison continued to study whether anyone in the township
was informed of the pending arrest of Parikh by ICE agents at the Aug.
2 rally. ICE spokesmen said they worked closely with Edison police to
make the arrest, but Edison officials last week said they were unaware
of ICE’s plan to arrest Parikh at the rally.
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.
U.S. Visas – Lebanese Citizens
Via The US Department of State
U.S. Visas – Lebanese Citizens
- Embassy Beirut is temporarily closed, for all visa applications, interviews and processing.
- U.S. Embassy Athens will begin visa processing for Lebanese citizens as follows:
- Beginning August 1,
Lebanese citizens applying for F, H, J, L, M O, or P nonimmigrant visas
can schedule interview appointments through the Embassy Athens website
or, if they are in Greece, through the user-pays call center at
90-11-230-730. - Beginning August 1, Lebanese citizens who have an immigrant petition approved for them, and are awaiting interview should address their inquiries
to U.S. Embassy Athens, via e-mail at Athens-IV-Lebanon@state.gov. - If you have already applied for your immigrant visa at Embassy Beirut, you should inquire through the e-mail at Athens-IV-Lebanon@state.gov about whether your case can be transferred to Athens for processing.
(July 31, 2006)
The U.S. Immigration Law Blog by Ashwin Sharma 
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.
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