Legal Issues Impacting Your Business
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Below is a quick update on breaking developments in immigration law and advocacy.
*Senate deal brokered, but unworkable
*DOL rule on labor certifications just published
*Priority dates move forward
SENATE DEAL BROKERED, BUT UNWORKABLE
Today the Senate negotiators came out with their "deal" on immigration reform. The following summary from American Immigration Lawyers Association gives more details about why this deal is unfortunately unacceptable. Note that it would not increase the number of employment-based visas available to needed workers. It would also get rid of many family-based categories. The temporary worker system would be subject to abuse and would not solve our workforce needs. Please go to www.aila.org and hit the "Contact Congress" button on the left side of the page to let your Senators know that this "compromise" is not a solution. WE EXPECT A VOTE MONDAY ON THE BILL! PLEASE LET THEM KNOW YOUR VIEWS!
From AILA:
"On 5/17/07, a group of Democratic and Republican senators announced that their backroom negotiations had produced a "grand bargain." The deal, as described, raises at least four major concerns. As a trade-off for a strong legalization program (including AgJOBS - more agricultural employment - and the DREAM Act - legalization of certain students who entered with their parents and have completed high school) and significant reductions in the current family backlogs, the negotiators propose to:
(1) Eliminate four of the current family preference categories (1 - sons & daughters of US citizens, 2B - unmarried sons & daughters of permanent residents , 3 - married sons & daughters of US citizens, and 4 - brothers and sisters of US citizens);
(2) Overhaul our current employment-based immigration system and replace it with a "merit-based" point system;
(3) Maintain annual green card numbers at their current levels guaranteeing continued systemic dysfunction from burgeoning backlogs; and
(4) Preclude a meaningful path to permanent residence for new temporary workers.
This radical shift from an immigration system grounded in familial and employment relationships to one disconnected from direct ties to the U.S. amounts to large-scale social experimentation. Combined with the creation of a large, fluctuating pool of "guest workers" who cannot lay down roots in the U.S., this point system raises the specter of a new generation of immigrants lacking the infrastructure and opportunity to effectively assimilate into this country. A practical solution for the undocumented population is an enormously important step in the right direction. But the cost of fixing our current problems cannot be the creation of bigger problems in the future.
Please contact your Senators now and urge them to oppose any deal that:
- Eviscerates family-based immigration;
- Includes a radical new, untested "merit" system;
- Fails to expand the pool of green cards critical to high-skilled and low-skilled industries throughout our economy; and
- Prevents temporary workers from earning and pursuing permanent residence."
DOL RULE ON LABOR CERTIFICATIONS JUST PUBLISHED
As expected, Dept. of Labor published a rule that makes a number of changes to the labor certification process for permanent residence based on a job offer. The rule is very long and just came out yesterday, so we are still digesting it ourselves. It is not effective until July 16.
One of the big changes is that labor certifications will be valid for only 180 days. Those already approved by the effective date of July 16 will be good for 180 days beyond July 16. The I-140 must be filed while the labor certification is valid.
Again, we are reading this rule carefully and will provide much more detailed information soon. However, those of you with approved labor certifications (cases under the old system or PERM), should get the I-140s filed as soon as possible. Let us know if we can assist you.
PRIORITY DATES MOVE FORWARD
The employment-based waiting lines moved ahead significantly for June. We have already contacted all the clients we are aware of who will be able to file their cases in June. We expect this may be a temporary window of opportunity, so please let us know if you have questions about your case or need assistance, or if you have not heard from us and believe you are eligible to file your case.
The Visa Bulletin for June may be found at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
