Bush calls for lifting cap on special H-1B visas
MAPLEWOOD, Minn., Feb 2 (Via Reuters) – President George W. Bush on
Thursday called on Congress to raise the cap on the so-called H-1B
visas that allow companies to fill high tech jobs with foreign workers.
“The problem is, is that Congress has limited the number of H-1B visas,” Bush said in a speech.
“I think it’s a mistake not to encourage more really bright folks who
can fill the jobs that are having trouble being filled in America, to
limit their number. So I call upon Congress to be realistic and
reasonable to raise that cap,” he said.
U.S. Envoy Praises Bush State of the Union Remarks on Immigration
Via the Washington File
01 February 2006
Washington
-– The United States wants a secure border with Mexico, “with open
doors,” that is capable of allowing for trade between the two countries
at legal entry points, says Antonio Garza, the U.S. ambassador to
Mexico.
In a January 31 statement, Garza praised the comments
President Bush made that evening during his State of the Union speech
on immigration reform. Garza said Bush’s comments showcased the U.S.
desire for a border that allows Mexican workers to legally enter and
work in the United States.
Garza said that “as recent weeks
have demonstrated, border security and immigration are two of the most
complicated and difficult issues in the great diversity of questions
that arise in the bilateral relationship between Mexico and the United
States.” Garza was referring to violence in the border region that has
increased “markedly” in the last several weeks. (See related article.)
The envoy said the Bush speech offered ways to improve the lives of citizens in both the United States and Mexico.
Bush
said in his speech that the United States hears “claims that immigrants
are somehow bad for the economy — even though this economy could not
function without them.” He added that the United States needs “orderly
and secure borders” and can achieve them through stronger immigration
enforcement and border protection and “a rational, humane guest worker
program that rejects amnesty, allows temporary jobs for people who seek
them legally, and reduces smuggling and crime at the border.” (See related article.)
Garza
said that he has had several “very positive and what I think have been
constructive discussions this week with members” of Mexican President
Vicente Fox’s administration “about ways our two countries can
cooperate to achieve what is important to us both.”
Regarding
U.S.-Mexican relations, Garza said that in “any long-term and
meaningful friendship, difficult discussions are inevitable. I have
tried to speak openly and honestly these past few weeks about America’s
need for a secure border and legal immigration. It is important to
remember in our discussions on immigration that efforts by the United
States to stop illegal immigration do not amount to an attack on
immigration as a whole.”
Garza said “there is a common
misconception that Americans are only thinking about security, and
Mexicans are only thinking about immigration reform.”
The
truth, he said, is that the United States “derives much of its
greatness from its tradition of welcoming foreigners to our shores —
and Americans continue to welcome those who come to work in compliance
with our laws. President Bush has so often said ‘family values do not
stop at the U.S.-Mexico border’ — and we are eager to facilitate the
entry of those Mexican laborers who come to the United States, with
visas, to earn money to support their families.”
Garza said
Mexicans, just like Americans, “want to live in a peaceful and secure
society where they do not have to fear for their safety or the safety
of their children. Indeed, in recent months, Mexicans have taken to
the streets to protest ever-increasing violence in its cities and along
the border, and they want to see more done to fight criminals and break
the chokehold that narcotraffickers and human-smugglers have on our
border region.”
The envoy said he was offering “any and all
cooperation” the U.S. government can provide in combating
narco-violence and “making our border region safe for our citizens, and
I look forward to working closely with the Mexican people to achieve
our common goals.”
Garza’s statement is available on the Web site of the U.S. Embassy in Mexico.
For more information on U.S. policy toward Mexico, see Mexico.
(The Washington File is a product of the Bureau of International
Information Programs, U.S. Department of State. Web site:
http://usinfo.state.gov)
Immigration ombudsman hears today from immigrants, employers
The Miami Herald – 02/02/2006 – Immigrants in South Florida have a chance today to tell the
government what they think of the U.S. Office of Citizenship and
Immigration Services.
Prakash I. Khatri, the ombudsman for the citizenship agency, will be
at a community forum tonight at the Stephen P. Clark Government Center,
111 N.W. 1st St. in Miami. The forum runs from 6 p.m. to 8 p.m. at the
Board of County Commissioners chambers.
The agency oversees immigrant visas, employment petitions,
citizenship naturalization, asylum and refugee processing and
humanitarian and temporary protective status programs.
Khatri reports directly to the U.S. deputy secretary for Homeland
Security and to Congress. He is responsible for working with
individuals and employers to resolve problems with USCIS. The office of
the ombudsman operates independently. Tonight’s event is sponsored by
the Miami-Dade County Community Relations Board.
An Employer’s Handbook to completing Form I-9
All U.S. employers are responsible for completion and retention of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. On the form, the employer must verify the employment eligibility and identity documents presented by the employee and record the document information on the Form I-9. Acceptable documents are listed on the back of the form, and detailed below under “Special Instructions.” Failure to complete the Form I-9 could result in fines & other penalties.
Click here to view the Employer’s Handbook to completing the Form I-9.
The employer should not file Form I-9 with U.S. Immigrations and Customs Enforcement (ICE) or USCIS. Form I-9 must be kept by the employer either for three years after the date of hire or for one year after employment is terminated, whichever is later. The form must be available for inspection by the authorized U.S. Government officials (e.g., ICE, Department of Labor).
Click here for fillable Form I-9.
Please note the following changes to the Form I-9 process:
- Form I-766 (Employment Authorization Document), although not listed on the 5/31/05 version of the Form I-9, is an acceptable List A document #10.
- Form I-151 is no longer an acceptable List A document #5. However, Form I-551 remains an acceptable List A document #5.
- The following documents have been removed from the list of acceptable identity and work authorization documents: Certificate of U.S. Citizenship (List A #2), Certificate of Naturalization (List A #3), Unexpired Reentry Permit (List A #8) and Unexpired Refugee Travel Document (List A #9).
Frequently Asked Questions
Do citizens and nationals of the U. S. need to prove to their employers that they are eligible to work?
Yes. While citizens and nationals of the U.S. are automatically eligible for employment, they too must present proof of employment eligibility and identity and complete an Employment Eligibility Verification form (Form I-9). Citizens of the U.S. include persons born in Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands. Nationals of the U.S. include persons born in American Samoa, including Swains Island.
Do I need to complete a Form I-9 for everyone who applies for a job with my company?
No. You need to complete Form I-9 only for people you actually hire. For purposes of the I-9 rules, a person is “hired” when he or she begins to work for you for wages or other compensation.
I understand that I must complete a Form I-9 for anyone I hire to perform labor or services in return for wages or other remuneration. What is “remuneration”?
Remuneration is anything of value given in exchange for labor or services rendered by an employee, including food and lodging.
Can I fire an employee who fails to produce the required document(s) within three (3) business days?
Yes. You can terminate an employee who fails to produce the required document(s), or a receipt for a replacement document(s) (in the case of lost, stolen or destroyed documents), within three (3) business days of the date employment begins. However, you must apply these practices uniformly to all employees. If an employee has presented a receipt for a replacement document(s), he or she must produce the actual document(s) within 90 days of the date employment begins.
What happens if I properly complete a Form I-9 and the ICE discovers that my employee is not actually authorized to work?
You cannot be charged with a verification violation; however, you cannot knowingly continue to employ this individual. You will have a good faith defense against the imposition of employer sanctions penalties for knowingly hiring an unauthorized alien unless the government can prove you had actual knowledge of the unauthorized status of the employee.
What is my responsibility concerning the authenticity of document(s) presented to me?
You must examine the document(s) and, if they reasonably appear on their face to be genuine and to relate to the person presenting them, you must accept them. To do otherwise could be an unfair immigration-related employment practice. If a document does not reasonably appear on its face to be genuine and to relate to the person presenting it, you must not accept it. You may contact your local ICE office for assistance. To get the address and telephone number of the ICE office nearest you, please click the ICE district office directory.
May I accept a photocopy of a document presented by an employee?
No. Employees must present original documents. The only exception is an employee may present a certified copy of a birth certificate.
Banks aim to help immigrants send money home – The Christian Science Monitor
US Immigrants send $100 Billion home to relatives each year. These
remittances have thus far been monopolized by small companies and agents, but this is changing as large banks seek to
provide money transfer services at lower fees. For the full story, see here.
Civics Examination – Flash Cards & Study Aids
Welcome to the United States: A Guide for New Immigrants An important resource for all new permanent residents. • Learn About the United States: Quick Civics Lessons NEW! (PDF, 20 pages, 1.22 MB) Short lessons based on the U.S. history and government questions found on the naturalization exam. • Faces of America: A Tribute to Citizenship This video highlights the 229 years of America’s history as a nation of immigrants. To view this video you must save the file directly to your computer using “right-click” and “Save As” on Windows systems (Warning: MPG, 35MB) • Helping Immigrants Become New Americans: Communities Discuss the Issues (PDF, 26 pages, 643 KB) A report on community efforts to promote immigrant integration. • Office of Citizenship Brochure (PDF, 172 KB) A brochure outlining the mission of the Office of Citizenship.
The following Civics Flash Cards will help you increase your knowledge and understanding of U.S. history and government. Immigrants applying for naturalization can use these flash cards as a study tool to prepare for the naturalization exam and teachers and volunteers can use these flash cards in the classroom.
The flash cards are available in Adobe PDF, an online web-based version. Each version can be accessed by clicking on the links below.
| PDF version: | Civics Flash Cards (PDF, 3.44 MB, 48 pages) |
| Civics Flash Cards with reverse colors (PDF, 3.44 MB, 48 pages) (White background with blue text) | |
| Online version: | Civics Flash Cards Question List |
| Additional Information: | Quick Civics Lessons (PDF, 1.2 MB, 20 pages) Online Version with the Civics Flash Cards This booklet provides short lessons, based on each of the civics questions on the naturalization exam. This additional information is intended to help naturalization applicants gain a deeper understanding of U.S. history and government as they prepare to become citizens. During your naturalization interview, you will NOT be tested on the additional information in the short lessons. You will only be asked the Questions and Answers. |
State Dept. Remarks on Outlook for Employment-Based Visa Numbers
Via AILA (posted Jan. 26, 2006) – The Department of State has advised AILA DOS Liaison Chair Liam Schwartz that it has seen a decrease in demand for employment-based visa numbers for USCIS adjustment of status cases. This has resulted in the rapid advancement of the established cut-off dates. DOS does not want to be in a position where there are large amounts of numbers available for use late in the fiscal year, and not enough time to make use of them. But, when/if the USCIS demand does materialize it may be necessary to hold or retrogress (at some point) those dates. Below are DOS’ comments on the outlook for employment-based numbers:
“Worldwide: Based on the current level of number use in the Employment First and Second preference categories there will be no need to impose a cut-off date for the categories. While the First preference number use is relatively close to my target, the Second preference is significantly below my target which doesn’t make a lot of sense.
Third: I had been concerned that the amount of 245(i) filings during March/April 2001 would result in a large concentration of demand, and limit movement of the cut-off date. So far this has not been the case, and it may be that such cases (if they exist in large numbers) are still in the DOL backlog.
China and India: The same lack of demand comments apply to these First and Second preference cut-offs. This has resulted in the rapid advancement of the China and India cut-offs, which I expect to continue for the next several months.
China Third – Should stay at the Worldwide date.
India – This cut-off should continue to move, but such movement may become more limited. “
USCIS Announces a Standard RFE Response Timeframe
Via AILA (01/25/2006) – AILA-SCOPS liaison asked USCIS to estimate a reasonable timeframe within which one could expect a decision on a matter after submission of a response to a Request for Evidence. USCIS informed AILA that after 60 days it is appropriate to make inquiries on cases where a timely a response to a Request for Evidence had been made and no decision has been received from USCIS. If members have not received a decision within this 60 day period, they should contact the USCIS National Customer Service Center (NCSC) at 1-800-375-5283, and, if the matter remains unresolved after an additional 30 days, as prescribed by NCSC, the proper liaison channels for that jurisdiction should be utilized. Notably, this does not apply to mass mailing RFEs, e.g. asylum I-485s in which USCIS issues mass mailings (17,000-21,000 cases) in six-month intervals.
Approved by Paul Pierre for USCIS Service Center Operations.
USCIS to Decouple Naturalization Applications – Public Notice
In order to speed the processing of naturalization cases, USCIS will no longer group naturalization applications (a systems function known as Group Management) unless specifically requested by a family. Following a careful study of the operational impact of the Group Management option upon our naturalization case processing system, USCIS learned that the function is adversely affecting our ability to provide timely customer service. This adverse impact is primarily a result of the many system stages that a naturalization application must pass through before processing has been completed. The Group Management option requires that all applicants in a group successfully complete each processing stage before the group as a whole can move on to the next stage. For example, all members of a group must have their background checks completed before the group can proceed to the interview stage. If one individual in a group of 50 hasn’t successfully completed this stage, the remaining 49 cases cannot proceed and their processing will unnecessarily stall. USCIS has identified more that 10,000 naturalization cases currently affected by the Group Management function. Effective immediately, USCIS will decouple, or “ungroup,” all currently established groups allowing individual cases to proceed through the process independently. Upon request, group management will remain a customer service option for USCIS family applicants who desire group processing. This will allow our customers the option to schedule interviews for family members on the same day. Family applicants who wish to take advantage of Group Management should submit a written request for grouping when their naturalization application is mailed to the Service Center with jurisdiction.
AIR Assesses Naturalization Test for U.S. Citizenship and Immigration Service
WASHINGTON, Jan. 24 /PRNewswire/ — The American Institutes for Research
(AIR), on behalf of the U.S. Citizenship and Immigration Service — formerly
known as the U.S. Immigration and Naturalization Service — has been
conducting an assessment of the current U.S. Naturalization Test to determine
options for redesigning the test.
In September 2005, AIR was asked to assess the Naturalization Test process
to help determine how to make the test’s content and testing procedures more
efficient, fair, secure, and applicant-centered. AIR’s report to Citizenship
and Immigration Service considers the value and feasibility of strategies to
rewrite the entire Naturalization Test, and to redesign only certain sections
of the test, as well as strategies to continue using parts of the current test
in their existing form.
About AIR
Established in 1946, the American Institutes for Research (AIR) is a
nonpartisan not-for-profit organization that conducts behavioral and social
science research on important social issues and delivers technical assistance
both domestically and internationally in the areas of health, education, and
workforce productivity.
SOURCE American Institutes for Research
http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/01-24-2006/0004266756&EDATE=
USCIS Clarifies Payee for Filing Fee Checks
According to the USCIS, checks for Immigration form fees can be made payable to either the Department of Homeland Security or U.S. Citizenship and Immigration Services.
Updated USCIS Service Center Processing Dates (01/24/2006)
The following processing dates are current as of
January 24, 2006:
Current Vermont SC Processing Dates
Current California SC Processing Dates
Current Missouri/NBC Processing Dates
The U.S. Immigration Law Blog by Ashwin Sharma 
Who Does What In US Immigration
by
Megan Davy, et al.
Originally published on the Migration Information Source (www.migrationinformation.org), a project of the Migration Policy Institute.
The United States has a long history of regulating and managing immigration,
dating back to the 1860s. The US Congress — the legislative branch of the federal
government of the United States — develops and passes legislation, which the
president signs into law, and federal agencies (executive branch) implement legislation.
The primary immigration law today is the Immigration and
Nationality Act of 1952 (the INA). Most immigration-related legislation
since then has amended various sections of the INA.
Among the most significant pieces of immigration-related
legislation over the last two decades are the Immigration Reform and
Control Act of 1986 (IRCA), the Immigration Act of 1990, the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA),
and the Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act of 2001
(USA-Patriot Act).
Immigration legislation has also been embedded in other acts
and bills. The REAL ID Act, which was passed as part of an emergency
supplemental defense appropriation bill in 2005, includes provisions
that bar undocumented immigrants from obtaining federally accepted
drivers’ licenses.
Over the last few years, there have been significant
organizational changes in the structure of the agencies that oversee
immigrant-related functions in the United States. The most substantial
reorganization came as the result of the Homeland Security Act signed
by President George W. Bush in November 2002.
According to this legislation, most of the policy and
implementation functions of the former Immigration and Naturalization
Service (INS), which was abolished in March 2003, landed within one of
three bureaus of the newly created Department of Homeland Security
(DHS). The act also reassigned some responsibilities for visa policy
and procedures from the Department of State (DOS), which previously had
de facto jurisdiction over the entire visa process.
Nevertheless, as outlined below, a variety of other agencies
have immigration-related functions, and some have immigrant
integration-related responsibilities even though the United States has
no formal integration policy or a dedicated agency for integration.
Currently, no single agency or bureau develops immigration policy,
coordinates the work, and assesses the effectiveness of various federal
agencies in performing their immigration functions.
The diagram below depicts federal agencies that are
responsible for implementing, supporting, and enforcing the immigration
and integration laws made by the legislative branch. Note: although these agencies have other functions as well, this Spotlight focuses only on those that relate to immigrants.
Department of Homeland Security (DHS)
Citizenship and Immigration Services (USCIS). USCIS
is responsible for providing immigration-related services such as processing
immigrant and nonimmigrant benefits; adjudicating refugee, asylee, and naturalization
petitions; and granting or denying work authorization.
charged with securing US borders at and between ports of entry and facilitating
legitimate trade and travel. It includes Border Patrol agents, as well as
inspectors enforcing immigration, customs, and agriculture laws.
handles the interior investigative and enforcement responsibilities of immigration
and customs, including detention and deportation. ICE focuses on national security,
financial, and smuggling violations to target the support behind terrorist
and criminal activities.
program office responsible for implementing the program that uses biometric
indicators to track the entry and exit of nonimmigrant visa holders at US air,
land, and sea ports of entry.
is responsible for developing, analyzing, and disseminating immigration-related
statistical information, including the annual Yearbook of Immigration Statistics.
Department of State (DOS)
is responsible for formulating policies on population, refugees, and migration,
as well as administrating US refugee assistance and admission programs.
interprets visa laws and regulations and serves as a liaison between the
Department of State and overseas embassies and consulates on visa matters.
Oversight of visa policy now rests within DHS. Consular officials issue visas
and passports and provide services to US citizens abroad.
Department of Justice (DOJ)
is responsible for adjudicating immigration cases and for the interpretation
and administration of immigration law. Its components include:
of Immigration Appeals (BIA). BIA is the highest
administrative body for interpreting and applying immigration laws. It
has nationwide jurisdiction and is responsible for hearing appeals of
decisions rendered by immigration judges or DHS district directors.
office is responsible for conducting formal court proceedings related to immigration
cases. Their decisions are final unless sent to BIA.
oversees the administrative law judges who adjudicate employer sanctions, document
fraud, and IRCA-related discrimination cases.
office holds jurisdiction over all civil immigration litigation and is responsible
for coordinating immigration matters before the federal district courts and
circuit court of appeals.
(OSC). OSC investigates and prosecutes employment discrimination
based on citizenship status, national origin, document abuse, or retaliation.
It also engages in outreach and education regarding employer sanctions’ antidiscrimination
provisions.
Department of Labor (DOL)
carries out DOL’s international responsibilities by conducting research
on economic, trade, immigration, and labor policies.
Wage and Hour Division ensures compliance with minimum wage, overtime, and
child protection laws; the Migrant and Seasonal Agricultural Worker Protection
Act; and the protections of temporary worker programs. It also conducts inspections
of I-9 forms.
an employer petitioning USCIS for a foreign-born worker, ETA’s Office of
Foreign Labor Certification must first certify that requirements for that visa
classification have been met, such as attempted recruitment of US workers and
payment of specified wage levels.
Department of Education (ED)
and Academic Achievement for Limited English Proficient Students (OELA). OELA
ensures that limited-English proficient children, including immigrants,
attain English proficiency and meet the same standards as all other students.
grant programs that provide academic and other services to the children
of migrant workers whose parents work in the agricultural, fishing, and
timber industries.
supports national research, evaluation, demonstration, technical assistance,
and capacity building activities. Included in its program are adult literacy
and the Center for Adult English Language Acquisition.
Department of Health and Human Services (HHS)
funds to states, public and private entities, and nonprofit voluntary
agencies to assist refugees and asylees in resettling in the United States
and attaining self-sufficiency. The office also recently was tasked
with overseeing the care of unaccompanied minors.
Program. The migrant component
of this national program modifies delivery to meet the unique needs of
migrant farm-worker families. The program provides services to low-income,
preschool-age children and their families. Its goals
are related to education, health, parental involvement, and social services.
Resources and Services Administration provides grants to community nonprofit
organizations for culturally and linguistically appropriate primary and
preventive medical services for migrant and seasonal farm workers and their
families.
About The Author
Megan Davy, Deborah W. Meyers, and Jeanne Batalova of the Migration Information Source
are the authors of “Who Does What In US Immigration.” Migration
Information Source is a one-stop, web-based migration resource for
journalists, policymakers, opinion shapers and researchers.