Legal Issues Impacting Your Business
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The following is an update on immigration law and advocacy.
In this information you will find:
*Calls Needed To Senators To Keep Rational Immigration Reform On Track
*H-1B Caps All Reached In Record Time
*DOL Closer To Changing Validity Of Perm And Other Rules
*USCIS May Change Length Of Time To Respond To RFEs
*US-VISIT No Longer Required At Exit Points
*DOS Now Requiring 10-Prints
*USCIS Proposes To Change Religious Work Category
*Change In O And P Visa Application Periods
CALLS NEEDED TO SENATORS TODAY TO KEEP RATIONAL IMMIGRATION REFORM ON TRACK
Your urgent action has never been needed more than now, when the debate and negotiations on comprehensive immigration reform legislation are nearing a "make or break" point. Contrary to what you may be reading in the press, the negotiations between a White House-led group of Republican senators, and a Kennedy-led group of Democratic senators, have NOT yielded any substantive agreement. In fact, the negotiations have exposed a very troubling dynamic - the Republican effort is being controlled by Senator Kyl (R-AZ), who is insisting on:
-Zero increase in worldwide ceiling on "green cards" in future years (BACKLOGS FOREVER);
-Complete elimination of all family preference categories except 2A (spouses and minor children of LPRs) in exchange for a flawed legalization program;
-Complete elimination of current employment-based categories, to be replaced by new "merit/point" system;
-No path to permanent residence for any new essential nonimmigrant workers;
-Incomplete reduction of family backlogs, leaving nearly a million family members already in line without any relief.
This current "offer" on the table is a program that would decimate family and employment based immigration for the coming 8 years, create a new bracero program, impose daunting impediments to legalization for the 12 million undocumented, and deny basic due process to millions of legal immigrants already in the country. Any "deal" on these terms is totally unacceptable.
For their part, the Democrats have been flexible and willing to negotiate. They have accepted a less-than-ideal legalization program, but demanded that it be workable. They have been willing to discuss new limits on family immigration provided that family members be given priority in any new merit-based or "point" system being proposed by the Republicans. And they have insisted that due process not be further eviscerated.
Senator Reid (D-NV) has committed two weeks of Senate floor debate to CIR starting Monday, May 14, 2007. If there is no "negotiated" bill to introduce, Senator Reid has stated that he will introduce last year's Senate bill, S. 2611, as a starting point for debate. Republicans are threatening to block a "motion to proceed," thereby preventing any debate or any CIR bill from moving to the Senate floor for consideration.
What can you do? Call your Senators NOW and urge them to start the public debate, and to support a CIR bill that:
-respects family values and keeps families united;
-provides a path to eventual citizenship for the undocumented and for new essential workers; and
-preserves and protects due process.
Tell your Senators that you are watching and that you won't stand for anything less than reasonable, workable, comprehensive immigration reform!
Find your senators' phone numbers and join AILA's rapid response advocacy campaign by programming their numbers into your cell phone at: http://capwiz.com/aila2/home/10to1 or www.aila.org - type in your zip code and hit the Contact Congress button or call the Capitol Switchboard 202-224-3121 and ask for your Senators by name. You can also all Senators McCain, Specter, Martinez and Graham, who are negotiating with Kyl on this bill.
H-1B CAPS ALL REACHED IN RECORD TIME
As you probably know, the H-1B regular cap was reached the first day of submission (April 1). The U.S. master's cap was reach May 4. As of tomorrow (May 11), all H-1B cases are to be receipted. It will take a few days for us to receive the actual documentation. If your case is not receipted, it will be returned and the fee refunded.
You will need to find a way to maintain status if your case is not accepted for processing. Please let us know if we can assist you.
Employers and others who are adversely affected by this incredible situation should contact Congress now! Here's how:
1. Go to the Contact Congress site at:
http://capwiz.com/aila2/utr/1/BPXNGZPMSM/CNVPGZPNNX/1146850296=9589591 and send a customized letter/email.
Or call the Capitol Switchboard and ask for your members by name 202-224-3121. Or fax their offices with a letter. If you need to find contact numbers, go to www.aila.org, type in your zip code and hit the "Contact Congress" button.
2. Share your stories!
The American Immigration Lawyers Association is collecting examples of how the inability to hire H-1B workers
and the delays in getting EB green cards are adversely affecting companies, hospitals, universities, and other organizations. If you have any such examples, please email them to me and I will forward them.
3. Add your name to the sign-on to the letter!
Go to:
http://capwiz.com/aila2/utr/1/BPXNGZPMSM/EOPLGZPNNY/1146850296. The sign-on letter is available at:
http://capwiz.com/aila2/utr/1/BPXNGZPMSM/GGGIGZPNNZ/1146850296.
This should take about 60 seconds - it is worth it. They have to hear from you!
4. If you have Congressional contacts, set up a meeting on this issue (or let me know that you want me to do so). Talking points for this kind of outreach may be found at http://www.aila.org/content/default.aspx?docid=18797.
DOL CLOSER TO CHANGING VALIDITY OF PERM AND OTHER RULES
The Office of Management and Budget (OMB) concludes review of Department of Labor's proposal to bar alien substitution in labor certifications, bar alien payment of employer attorney fees, and limit labor certifications validity. Final rule publication is expected soon.
We will keep you updated on the final rule when it comes out.
USCIS MAY CHANGE LENGTH OF TIME TO RESPOND TO RFEs
USCIS recently published a rule allowing "flexibility" in setting the length of time in which applicants must respond to a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). The rule is effective June 18, 2007. The usual response time is 87 days. Now examiners may allow less time to respond (or more, but we'll see what happens!).
US-VISIT NO LONGER REQUIRED AT EXIT POINTS
The Department of Homeland Security announced completion of the three-year pilot program that required international visitors to biometrically check out at select airports and seaports. Effective 5/6/07, international visitors will no longer be required to use the US-VISIT exit kiosks when they leave the United States.
DOS NOW REQUIRING 10-PRINTS
The Department of State announced that it will now be requiring "ten-prints" of visa applicants at the U.S. consulates abroad:
The Biometric Visa Program works closely with the US-VISIT Program of the Department of Homeland Security (DHS). Both programs currently require aliens to submit two fingerscans as part of their respective application procedures. In consultation with DHS and the Department of Justice, the Department is instituting the ten fingerscan standard to improve their ability to detect and thwart persons ineligible for visas by raising the accuracy rate in matching fingerscans.
Visa applicants subject to the Biometric Visa Program will be required to provide ten fingerscans with their first visa application following the transition.
The Department plans to begin deployment of the ten fingerscan system to all visa issuing consular posts abroad beginning in April 2007, with completion scheduled for the end of 2007.
USCIS PROPOSES TO CHANGE RELIGIOUS WORK CATEGORY
USCIS published a proposed rule to amend USCIS regulations on special immigrant and nonimmigrant religious worker visa classifications. We are analyzing these changes and suggest if you have specific interest in this rule, you let us know so we can keep you informed directly (if we are not already doing a religious worker visa for you).
CHANGE IN O AND P VISA APPLICATION PERIODS
USCIS published a final rule that allows petitioners to file for O and P visas up to one year in advance. The rule is effective May 16, 2007.
