Immigration News & Issues

Updates From Hardin Law Office 01/31/2009

2009-01-31T06:20:00.001-06:00

To read about recent immigration news you can check my website at http://hardinlawoffice.net/ImmigrationNews.html

Happy New Year...we hope!

2009-01-10T15:50:00.002-06:00

Well its been three months since hardinlawoffice.net was launched and things have been going well. With the H2B situation, I've had to branch out and expand what I do to cover a larger variety of immigration law work. I've had several expiring H2B workers come to me to help them be able to stay in the USA a little longer, many so they can attend festivities in Washington, D.C. later this month as we inaugurate a new President of the United States.

Which brings us to today's topic...the speculation on what the Presidency of Barack Obama may mean to immigration law. The scuttlebutt amongst me and my colleagues is "Will President Obama push through immigration law reform?"

We think he will, though it will take a backseat (as usual) to other, more-pressing problems facing the country. If the President-elect (and more importantly the wonks in Congreaa) is able to adequately deal with arresting the recession and making gains in increasing health care opportunities and lowering our tax burdens then I think there is an excellent chance we could see immigration law reform on the books during his first term.

Hang in there!

Onwards & Upwards,
ITH

Updates from the Immigration News section of www.hardinlawoffice.net

2008-10-10T11:05:00.003-05:00

Monday, October 6, 2008:

ICE Slow to Deport Detained

A Washington Post.com article over the weekend discusses the broken system characterized by waste and dysfunction, according to lawyers, detainee accounts and observations of courtroom proceedings.

Personally, I have mixed feelings. I have seen aliens in mandatory detention for months while we tried to speed along their cases. I've sat there and listened as families without head-of-households have tried to make ends meet while dealing with language and culture barriers.

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Friday, October 3, 2008:

Congress want DHS to target criminal illegal immigrants

The Department of Homeland Security has been given about $5 billion towards programs with the goal of finding and deporting criminal illegal aliens. The money was included in the department's fiscal 2009 appropriations bill, which was signed into law Tuesday by President Bush as part of the continuing resolution to keep the federal government functioning in the new fiscal year. The bill specifically directs ICE to spend $1 billion on finding and deporting illegal immigrants who have committed violent crimes.

You can find links to both stories (and more) at http://www.hardinlawoffice.net/ImmigrationNews.html

Onward & Upaward!
ITH

We Got Trouble...Right Here in River City!

2008-10-01T13:41:00.002-05:00

October 1, 2008:

We Got Trouble, Right Here in River City!

I was contacted yesterday in regards to the case of Mr. Rabia Kwider, an Egyptian national living and working in the United States. Mr. Kwider has a very unfortunate story...and one that we in the immigration law community hear far too often.

We'll keep you updated as his story progresses. FYI, the "attorney" mentioned in the news article is not me-Mr. Kwider was referred to me after speaking to the "attorney" mentioned in the article.

Here is a link to the article on my website (forgive the areas still under construction):

http://hardinlawoffice.net/ImmigrationNews.html

Two USCIS Memos in a Week

2008-09-26T17:51:00.002-05:00

Friday, September 24, 2008:

18-MONTH EXTENSION OF TEMPORARY PROTECTED STATUS FOR EL SALVADOR

WASHINGTON-USCIS announced today that it will extend Temporary Protected Status (TPS) for nationals of El Salvador through09/09/2010. This effects approximately 229,000 nationals of El Salvador (and people having no nationality who lasthabitually resided in El Salvador) who are otherwise eligible. TPS does not apply to Salvadoran nationals who entered the United States after 02/13/2001.

For more information you can consult the memo in its entirety at the immigration law news tab at my new website:

http://hardinlawoffice.net/ImmigrationNews.html

Friday, September 19, 2008:

TWO CATEGORIES OF SPECIAL IMMIGRANT RELIGIOUS WORKERS TO EXPIRE ON OCTOBER 1,2008

WASHINGTON-USCIS send out a memodated 09/18/2008 as a reminder that authorization for the non-minister special immigrant religious worker program will expire on October 1, 2008.

What does this mean to me? If you are currently serving in the two non-minister categories of the program you must either adjust status to permanent residence or apply for, and be admitted with, an immigrant visa before Oct. 1, 2008.

You can also find the memo in its entirety at my new website:

http://hardinlawoffice.net/ImmigrationNews.html

Now that the new site is being built, I don't know how much longer I'll continue to blog here. just know that I'll continue my same misc. ramblings at www.hardinlawoffice.net that I always have here.

Onward & Upward!
ITH

Something ALL Refugees here in the United States Should Read AND Know!

2008-09-18T15:03:00.002-05:00

Below is a link to a memo from a recently acquired 2001 memo from Bo Cooper, General Counsel, Immigration and Naturalization Service. It details the agency's authority under INA section 209 to detain individuals admitted as refugees who have not applied for adjustment of status within one year of admission. The memo also addresses the agency's authority to remove individuals granted refugee status.

http://www.aila.org/content/default.aspx?docid=26537

Having just successfully defended a refugee that USCIS sought to have removed I can say that it is now more important then ever for those here in the US in refugee status to know the inner workings of USCIS. Please download, read, even print out a copy for your friends and family to read and know.

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In legislative news:

Last week's Judiciary mark-up to nowhere will resume precisely where it left off, with all four immigration bills still on the calendar: H.R. 6020, which would provide immigration benefits for immigrant soldiers and their families, H.R. 5882, which would recapture employment-based and family-sponsored immigrant visas lost to bureaucratic delays, H.R. 5924, which would provide 20,000 employment-based visas per year for three years specifically for nurses, and H.R. 5950, which would ensure basic medical care for immigration detainees. With the legislative days in the 110th Congress slipping away, the hope that any of these measures can get across the finish line this year is rapidly vanishing.

Congress will recess again next Friday (9/26). Whether they return after the elections will depend on the Continuing Resolution (CR) Congress passes next week to keep the government running. Many would like a CR that lasts into the next Congress but political obstacles could block that move. The safer money is probably on a shorter CR and a November lame duck session. Irrespective of the election returns, it is hard to envision a scenario in which significant legislating is accomplished during a lame duck period although we can hope and pray that the Congress will actually do something...though I wouldn't hold my breath.

Onward & Upward!
ITH

Update on Iowa Meat Packing Raid

2008-09-05T22:37:00.002-05:00

First I want to apologize for not posting anything this last month. I have been traveling and in the process of moving our base of operations. I'm back in the saddle as we begin to enter the 2008 election cycle full steam!

News from the Immigration blogosphere:

Two federal agencies have contradicted each other over whether they communicated before a raid at a northeast Iowa meatpacking plant in May, US Rep. Bruce Braley of Iowa told The Associated Press last month. Braley sent a letter days after the May 12 raid at the Agriprocessors Inc. plant to the two agencies involved in the raid – Immigration and Customs Enforcement and the US Department of Labor – asking whether the agencies cooperated before the bust. He said he was concerned that the raid could have impeded an ongoing Labor Department investigation of possible violations by the meatpacking company.

Braley said agencies responded to him a week later, and ICE and DOL responses “directly contradicted each other.” said Braley. ICE responded to the accusation that it had fully coordinated with federal agencies going into the raid and that labor officials were present in the search warrant was executed. “However, the Department of Labor states in their written response that the May 12 raid occurred without their knowledge or participation,” said Braley.

Braley sent another letter to ICE the following week seeking further information about the communications before the raid, in an effort to determine who made initial contact and how it was made. “It concerns me greatly that there is conflicting information on whether ICE communicated with DOL prior to the Agriprocessors raid,” Braley said in the letter. “While upholding immigration law is important, so is ensuring workplace safety. One should not have to come at the expense of the other.”

The May 12 raid at the Agriprocessors plant has been called the single largest immigration raid in US history. Nearly 400 people were arrested during the raid, many for using false identification.

In other news...

We reported last issue on the unveiling of ICE’s Scheduled Departure program, which invited an estimated 457,000 undocumented immigrants were given an open three-week invitation to turn themselves in without the usual threat of arrest and detention. The Washington Post reports that of the nearly half million immigrants targeted by the program, a mere three accepted. Due to the lackluster results, ICE quietly discontinued the program before the three-week trial period ended.

Scheduled Departure is believed by some immigration experts as a response to the failure of a comprehensive immigration reform bill in last year’s Congress, as well as a means to silence critics of ICE, who have been accused of unfairly targeting immigrants. “Perhaps it’s trying to make them [ICE] look more humane,” said Joshua Hoyt, executive director of the Illinois Coalition for Immigrant and Refugee Rights. “It’s not designed to work.”

Despite the underwhelming response, ICE stands by the program, citing its cost effectiveness and its decreased reliance on detention facilities. Even if the program isn’t considered a success, its existence will help ICE “find out if people are opposed to methods of enforcement or if they are against any enforcement of the law,” said ICE Detentions and Removal director James T. Hayes.

********

So we've got incompetent Governmental agencies all round this week! Is it any wonder the populace is angry and thirsting for regime change?

Onwards & Upwards!

ITH

USCIS Reaches H-2B Cap for First Half of Fiscal Year 2009

2008-08-07T17:10:00.001-05:00

Nope, this isn't April Fools OR a typo...10/01/2008 to 03/31/2009 H-2B visas are GONE!

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) announced July 30, 2008 that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first half of Fiscal Year 2009 (FY2009). USCIS is hereby notifying the public that July 29, 2008 is the “final receipt date” for new H-2B worker petitions requesting employment start dates prior to April 1, 2009. The “final receipt date” is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the first half of FY2009.

USCIS will reject petitions for new H-2B workers seeking employment start dates prior to April 1, 2009 that arrive after July 29, 2008.

USCIS will apply a computer-generated random selection process to all petitions which are subject to the cap and were received on July 29, 2008. USCIS will use this process to select the number of petitions needed to meet the cap. USCIS will reject, and return the fee, for all cap-subject petitions not randomly selected.

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This is ridiculous folks. Congress goes on a five week vacation while the H-2B crisis continues ANOTHER year.

Onward & Upward!
ITH

Congressional Hispanic Caucus meets in Pottsville, IA

2008-07-28T11:55:00.002-05:00

Illinois Congressman Luis Gutierrez has attended a meeting in Iowa where he heard stories from residents affected by a federal immigration raid in May.

The Chicago Democrat represents the state's fourth congressional district.

He, along with other members of the Congressional Hispanic Caucus, met Saturday (07/26/2008) in Pottsville, Iowa. Nearly 400 people were arrested there during the raid at Agriprocessors, the largest kosher meatpacking plant in the United States.

Gutierrez says the raid in Postville shows the folly of large-scale immigration raids. He says families were destroyed for no reason and that the federal government needed to commit to immigration reform.

So how does the Congress commit to immigration reform? Well for instance it stops wasting its time (and our money) on this asinine impeachment nonsense. Congress has a SINGLE DIGIT approval rating and instead of tackling substantial issues that we as Americans NEED them to look at (such as energy policy, taxes, etc) they are too busy playing political games and pointing fingers (and bailing out Fannie Mae & Freddie Mac).

Put your money where your mouth is Congressman Gutierrez and follow through. I, for one, will not be holding my breath.

Onward & Upward!
ITH

Gulen v. Chertoff: USCIS MUST approve Extraordinary Ability Petition!

2008-07-21T11:18:00.002-05:00

In a ruling dated 07/16/2008, the United States District Court for the Easter District of Pennsylvania ruled in favor of Plaintiff Fethullah Gülen in his suit against the Department of Homeland Security. The court ruled that had USCIS properly applied their standards in re the "Extraordinary Ability" requirements for the Form I-140 Petition Alien of Extraordinary Ability classification [under 8 U.S.C. § 1153(b)(1)(A)] that USCIS would have approved Mr. Gulen's Petition and granted him Lawful Permanent Residency under the Alien of Extraordinary Ability classification.

In late November of 2006, Gülen completed and filed an
Immigrant Petition for Alien Worker on USCIS Form I-140. In that
petition, he sought classification as an alien of extraordinary
ability under 8 U.S.C. § 1153(b)(1)(A). He paid a premium
processing fee of $1,000 in order to guarantee processing of his
petition within fifteen days in accordance with 8 C.F.R. §
103.2(f)(1). Both of these forms were received at the Texas
Service Center and processed on November 21, 2006.

On December 14, 2006, when USCIS had
failed to act on his petition within fifteen days, Gülen
requested a refund of the premium processing fee. To date, USCIS
has issued no refund.

On August 13, 2007, the USCIS Vermont Service Center
issued a request for evidence in support of Gülen's petition.
The request characterized Gülen as a "clergyman" on the basis of
the occupation listed on his original application. In its
request, USCIS said of the thirteen letters of support that Gülen
had already submitted, "[i]t is not clear how the writers of
these letters gained their knowledge of you or your expertise in
the field." In addition, with regard to photos of
Gülen with various religious leaders, the USCIS requested
"documentary evidence that establishes the importance of the
photos and the how and why [sic] they were taken."
USCIS also requested supporting documentation on the many
publications by and about Gülen that had already been submitted.

Gülen responded on October 4, 2007 by providing the
additional evidence as requested.

On November 19, 2007, the Vermont (ALMOST A YEAR LATER) denied the petition and a timely appeal was filed. On March 7, 2008, after accepting additional briefing from
Gülen, the Administrative Appeals Office ("AAO") dismissed
Gülen's appeal.

In its ruling, the District court established that it indeed has jurisdiction to hear the case and announced that:

"Under the Administrative Procedure Act, we will
reverse agency action if it is 'arbitrary, capricious, [or] an
abuse of discretion,' or 'unsupported by substantial evidence.'"
Soltane, 381 F.3d at 148 (quoting 5 U.S.C. § 706). In this
context, "[s]ubstantial evidence is more than a mere scintilla,
but is something less than the weight of the evidence, and the
possibility of drawing two inconsistent conclusions from the
evidence does not prevent an administrative agency's findings
from being supported by substantial evidence." Port Norris Exp.
Co. v. Interstate Commerce Comm'n, 697 F.2d 497, 502 (3d Cir.
1982) (internal quotations omitted). Thus, if the Government can
point to substantial evidence that supports the AAO decision, we
must grant its motion for summary judgment. If it cannot, or if
that decision represents an incorrect or unreasonable application
of the relevant law, we must grant Mr. Gülen's motion."

The court examined whether the Plaintiff did, in face, have "extraordinary ability." By statute, an alien of extraordinary ability is one who "has extraordinary ability in the sciences, arts, education,
business, or athletics which has been demonstrated by sustained
national or international acclaim and whose achievements have
been recognized in the field through extensive documentation,"
"seeks to enter the United States to continue work in the area of
extraordinary ability," and whose "entry into the United States
will substantially benefit prospectively the United States." 8
U.S.C. § 1153(b)(1)(A). The enabling regulations describe
extraordinary ability as "a level of expertise indicating that
the individual is one of that small percentage who have risen to
the very top of the field of endeavor." 8 C.F.R. § 204.5(h)(2).
In order to demonstrate extraordinary ability, an applicant must
include either evidence of a major, international award such as a
Nobel Prize or at least three of the ten criteria listed in the
regulations.

The court found that contrary to the AAO examiner (who had only found the Plaintiff having met the education requirement) Plaintiff/Petitioner "has met the requirements of three of the subcategories of 8 C.F.R. § 204.5(h)(3).

In light of that conclusion, the District Court ruled that the AAO's determination that Mr. Gulen has not demonstrated extraordinary ability is contrary to applicable law and must be reversed.

The Court ruled that the DHS/AAO decision is vacated, that USCIS must approve Mr Gulen's petition by 08/01/2008 and must also refund the $1000 premium processing fee (or "bribe" as we like to call it).

Congratulations Mr. Gulen. Welcome to the United States!

In other Comprehensive Immigration Reform news...

I'm working on a presentation available to Missouri employers explaining to them exactly what the newly passed and signed Missouri immigration legislation means to them. I should have some firm dates for the presentation.

Onward & Upward!

ITH

Gov. Blunt of Missouri Signs "Comprehensive" Immigration Legislation, Part 1

2008-07-09T10:47:00.003-05:00

Governor Matt Blunt of Missouri has signed a comprehensive immigration bill. Included in the bill are the following provisions:

Enforcement of Immigration Laws:
The State Highway Patrol is required to be trained in accordance with a memorandum of understanding between the state of Missouri and the Department of Homeland Security concerning the enforcement of immigration laws during the normal course of duties on Missouri highways.

Sanctuary Cities:
Any county, city, town, village, etc. is prohibited from enacting a sanctuary policy. Municipalities who do enact a sanctuary policy will be denied state grant money until they policy is repealed.

Public Benefits:
Aliens unlawfully present in the USA are prohibited from receiving a state or local benefit unless it is offered under 8 U.S.C. 1621(b). Nonprofit organizations regulated by the IRS are not required to enforce these restrictions nor are they prohibited from providing aid.

Misclassification of Employees:
Employers are prohibited from knowingly misclassifying a worker as an independent contractor by failing to claim the worker as an employee when the employer knows that the worker is an employee. The Attorney General is given certain investigative and prosecutorial powers regarding this. Anyone violating this provision will be subject to a fine of $50 per day per misclassified worker up to $50,000.

Federal Employment Authorization:
Business entities and employers are prohibited from knowingly employing, hiring, or continuing to employ illegal aliens to perform work in Missouri.

Failing to provide identity information on employees within 15 business days after receipt of the request by the Attorney General will result in the suspension of the company's applicable local licenses, permits, and exemptions until the information is supplied.

Knowingly employing an illegal will result in the suspension of a company's applicable local licenses, permits, and exemptions for 14 days. A second violation will result in suspension for a period of one year. A third violation will result in permanent suspension. The Attorney General will maintain a database documenting those businesses whose permits, licenses, exemptions, or contracts have been suspended or terminated.

(to be continued)

So, this is a pretty strong statement from Missouri. Unfortunately, the perfect visa for this situation to assist the construction, landscaping, etc businesses is the H-2B visa-which has become as elusive as cheap gasoline! More on the rest of the bill in a couple of days.

Onward & Upward!
ITH

Take the Last Plane to Brownsville and I'll meet you in Detention...

2008-07-04T08:14:00.002-05:00

I just returned from a trip to the Willacy County Detention Center in Raymondville, TX. I successfully argued before the Executive Office of Immigration Review (EOIR, a.k.a. the immigration court) to NOT deport my client and to allow him to adjust status to Lawful Permanent Resident. As the judge pronounced her ruling in our favor my client was overcome with emotion and I once again felt that feeling...that burning in my heart that convinced me to be an attorney in the first place.

So its a happy 4th of July for that family, a lamb roast to ensue very shortly!

But for every triumph like this there are so many who linger in immigration detention centers without an avenue for adjustment like my client had (he was a refugee and was therefore eligible for a waiver of what got him placed in removal proceedings). As I walked the halls and passed the secure interview rooms where the men in orange jumpsuits didn't have the look of hope my client and his family had worn for the last five months I was moved...and I was saddened that I couldn't do more.

I got about five minutes away from the facility before that familiar 800 number that inmates use to call out showed up on my caller ID. I pulled off the road and listenened to an inmate that had gotten my number from my client. It was a sad, emotional tale. A failed asylum application and appeal. A wife, also a potential immigrant, had filed under the 245(1) amnesty provision passed by President Clinton and had attached her husband. But because of the failed asylum application and denied appeal (of which the man hadn't received notice-though the government had assured it was sent and their policy is that misdirected or lost mail isn't good enough grounds for excuse), he was arrested in his home in New York in front of his wife and 2 U.S. Citizen children in October of 2007. He has been at Willacy County since.

These are two of the bogeymen that the anti-immigrationists would have you afraid of.

Its July the 4th and so it is appropriate to mention the founding of this nation, the greatest and freest in the world. It is recognized that John Adams, second President of the United States, made two major mistakes in his administration that has caused it to not have the fanfare of his successors. The first was not replacing President Washington's cabinet-who were more loyal to Alexander Hamilton (the Secretary of the Treasury) then to Adams himself. The second, and more insidious because it has been the beginning of the anti-immigration movements in the United States, was the signing of the "Alien and Sedition Acts of 1798."

In 1798 the United States was involved in an undeclared naval quasi war with France. In an effort by the Federlists (Washington and Adams were Federalists), were touted as designed to protect the United States from alien citizens of enemy powers and to prevent seditious attacks from weakening the government. The four acts were:

The Naturalization Act (officially An Act to Establish a Uniform Rule of Naturalization) extended the duration of residence required for aliens to become citizens to 14 years. Enacted June 18, 1798, with no expiration date, it was repealed in 1802.
The Alien Friends Act (officially An Act Concerning Aliens) authorized the president to deport any resident alien considered "dangerous to the peace and safety of the United States." These acts were created in fear of French sympathizers. At the time, war was considered likely between the U.S. and France. Enacted June 25, 1798, with a two year expiration date.
The Alien Enemies Act (officially An Act Respecting Alien Enemies) authorized the president to apprehend and deport resident aliens if their home countries were at war with the United States. Enacted July 6, 1798, with no expiration date, it remains in effect today as 50 U.S.C. § 21-24.
The Sedition Act (officially An Act for the Punishment of Certain Crimes against the United States) made it a crime to publish "false, scandalous, and malicious writing" against the government or its officials. Enacted July 14, 1798, with an expiration date of March 3, 1801.

The passage of these acts, and their signing by President Adams, was a major factor in his subsequent loss in the election of 1800 to Thomas Jefferson. The election caused a schism in the friendship between Adams and Jefferson. The two had been friends and colleagues-even serving together on the four man committee to draft the Declaration of Independence in 1776...which is the reason we are celebrating today!

July 4, 1776, the day that the Declaration of Independence was adopted by the second Continental Congress (at that time the term "American" was considered an epithet that equated with "hick" or "hayseed"). The handwritten copy we are so used to was printed a few weeks later and actually signed by the delegates starting in early August and on through the fall of 1776.

Jefferson and Adams repaired their friendship and spent the last years of their lives in correspondence trying to explain themselves to each other. They BOTH died on July 4th, 1826 (the 50th anniversary of the adoption of the Declaration) within a few hours of each other. John Adams powerful, though incorrect, last words were "Thomas Jefferson still lives."

Have an amazing holiday weekend everyone. I was going to use part of today's blog to rip Continental airlines for the fiasco that was this week's flights to Texas and back, but I think it would cheapen the sanctity of this day. I'm going over to my brother-in-law's for a family BBQ and then over to St. Charles, MO to watch the fireworks tonight (our own city's fireworks had to be canceled because of the recent flooding of the Mississippi-thank goodness Alton is built on hills!).

Onward & Upward!
ITH

Congress Fiddles While U.S. Immigration Policy Burns

2008-06-27T09:43:00.003-05:00

If I asked you to name some "hives of criminal activity," Pottsville, IA would not be on your list. However, according to Immigration Customs and Enforcement, the little town of Pottsville is a hotbed of crime.

On May 12th, Pottsville was the target of a helicopter-aided immigration raid that netted 389 "undocumented" workers at a local meatpacking plant. They were taken into custody, fitted with house-arrest type ankle bracelets and are awaiting notice of their hearings before the Executive Office for Immigration Review (EOIR): http://www.usdoj.gov/eoir/

This reminds me of the raid in Jackson Hole, WY a few years ago. Immigration showed up with horse trailers to load their targets up like cattle, even branding them "EWI"-entered without inspection-on their foreheads with a black magic marker. I can't think of that event without borderline dry heaving.

Well, it appears the job in Pottsville isn't finished. ICE returned to look for ONE person:

Raw Nerves Remain After New ICE Arrest in Iowa
http://news.newamericamedia.org/news/view_article.html?article_id
=12175fef75483ab07c65eedbcdc256f4

The overriding message that the government can't comprehend is that when you arrest, detain, and deport people from the United States AND DON'T DO ANYTHING ELSE to improve the situation, a majority of those deported will re-enter and go right back to their old lives. All ICE has done is create a hiccup in these people's lives.

The draconian tactics, when examined in the long-term, lose their teeth when viewed with the truth that those who want to come to the US will come to the US. It isn't uncommon for someone coming into my office to tell me they finally got into the USA on their 4th, 5th, attempt. Several have been deported more then once...and it hasn't stopped them coming back. All its done is kept them "illegal."

Congress needs to realize that "catch & deport" isn't any more curing then "catch & release." If Congress truly wants to address the illegal immigration problem they will swallow their hubris and look long-term at what is going to not only be best for the USA, but what will be best for those wishing to come here for a better life.

Onward & Upward,
ITH

Why Doesn't Congress Understand What is Coming?

2008-06-24T10:33:00.004-05:00

An op-ed by J Carnes, president of the Texas Vegetable Association, in the Dallas Morning News spelled out exactly what is coming if Congress doesn't address the LEGAL immigration crisis that is in full swing. I have excerpted below:

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"American farmers are living an unfolding labor crisis so much worse than a drought or a flood or a plague of locusts. But unlike those natural disasters, this one is entirely preventable, if we only had enough national leaders willing to act on common-sense solutions.

Instead, we're getting nothing but "get tough" laws and regulations that will bring dangerous consequences."

----

"My small business is good for our economy. From October to June, we employ a minimum of 75 people from Uvalde and surrounding communities. At peak harvest, that number can top 400.

In 2007, my operation paid more than $2.8 million in wages directly to employees or through contract labor. We paid more than $700,000 to local truckers to freight the product and more than $3.6 million to local farms and businesses for products and services.

As production leaves the U.S., the giant sucking sound will be the shriveling of our rural economies."

----

I agree with this editorial. We can't wait for Congress to come around and eventually get to these concerns. If we can't grow our food because we can't get the labor to grow it then where does that leave us? Buying more salmonella tomatoes from outside the US? Watching prices of fruits and vegetables we USED to grow domestically grow even faster? Will we one day in the near future no longer be able to see potatoes from Idaho, melons from Texas, etc?

Congress needs to wake up and stop trying to make headlines with the illegal immigration problems and start fixing the legal immigration processes. This will have an additional consequences. If Congress improves and streamlines the legal immigration process then many who would enter illegally would opt to enter and work legally in the United States.

Get it together Washington...get it together.

Onward & Upward!
ITH

Here is a link to the op-ed:
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/viewpoints/stories/
DN-carnes_23edi.ART.State.Edition1.4d6078c.html

USCIS In Des Moines Re-Opens After Evacuation on 06/13

2008-06-20T09:27:00.002-05:00

After temporarily evacuating last week, USCIS announced that the Des Moines, Iowa USCIS office has re-opened. Those who will miss (or have missed) their appointments due to the recent severe weather should contact USCIS immediately to reschedule.

We are almost done with June, which means that those of you who are fall/winter H-2B users should be gearing up and getting ready to beging your application process. Remember, you can begin 120 days before your beginning date of need. Now is the time!

Onward & Upward!
ITH

Those Busy Little Beavers at USCIS!

2008-06-13T11:03:00.002-05:00

On June 11, 2008 USCIS announced that on 06/16/2008 it will begin to accept Premium Processing Service requests for Form I-140s (Immigrant Petition for Alien Worker) filed on behalf of H-1B workers who are nearing the limit of their 6 years of H-1B eligibility.

What is Premium Processing? Its a $1000.00 "bribe" to USCIS. Premium Processing, in theory, is supposed to get you an answer to your petition in 15 days. That is unless USCIS finds something in your application that makes them issue a Request for Evidence, which is a 90-day timeout USCIS can use to keep from having to actually follow through on the 15-day assurance that Premium Processing is supposed to provide. Here is a common scenario:

1. Landscaper "A" sends in H-2B petition with premium processing request;
2. Landscapers "B-Z" also send in H-2B petitions with premium processing requests;
3. USCIS max output not able to handle all the premium processing requests within the 15-day window;
4. USCIS sends Requests for Evidence to selected H-2B petitioners with instructions that the 15-day clock has stopped and will RE-START when the petitioner complies with the request. The petitioner has 90 days;
5. Petitioner takes however long to comply with request (which sometimes is so miniscule it makes you want to shout from the rooftops) and sends RFE compliance back to USCIS;
6. USCIS now has a new 15-day window to fulfill the premium processing request-AND especially-keep the $1000.00.

So worst case scenario is that you pay the $1000.00 bribe and still have to wait the normal amount of time (or longer) to get your answer. This is another reason to have a trained and experienced immigration attorney prepare your paperwork-we have a much lower percentage of RFEs and we can react to them while you concentrate on your business. I rarely smile wider then when I am mailing an RFE back to USCIS at 5pm that arrived at my office at 10am.

Premium Processing is a self-fulling circle of necessary doom. The more people who make the request, the more important it is for YOU to make the request. Many of the smaller H-2B employers can't afford an extra $1000.00 and so their petitions get shunted to the back of the line while the H-2B employers who can justify that cost because they are bringing in 25, 50, 100 workers get their adjudications. Its much harder for the motel in Jackson Hole, WY who needs two housekeepers for the summer tourist season to justify that same $1000.00.

IF...and that is a big if, they don't fulfill the request to provide an adjudication within 15 calendar days (and after all the RFE tap-dancing) USCIS is supposed to refund the $1000.00. I've only seen it happen a handful of times because of USCIS' ability to adapt-and-overcome.

So I guess you can tell I don't like premium processing. I think my opinion was cemented when I contacted the Premium Processing unit about one of my pending requests. When I asked to speak to someone, the person who answered the phone said "I'm sorry, everyone is out of the office for employee appreciation day." This was in the middle of the H-2B rush and the Premium Processing employees were out having a picnic.

So good luck to those of you who are now able to request Premium Processing. Keep on your toes and hold USCIS' feet to the fire.

Onward & Upward,
ITH

Quoted in the Wall Street Journal!

2008-06-09T15:37:00.003-05:00

Yours truly was quoted in an article by Kelly Evans of the Wall Street Journal in her article "New Visa Curbs Hit Seasonal Employers."

Here is a link to the article:
http://online.wsj.com/article/SB121184624188721361.html

In other news...

A New York Times editorial acting the soothsayer to the United States as Caesar warns of what it calls "The Great Immigration Panic."

An excerpt:

"Someday, the country will recognize the true cost of its war on illegal immigration. We don’t mean dollars, though those are being squandered by the billions. The true cost is to the national identity: the sense of who we are and what we value. It will hit us once the enforcement fever breaks, when we look at what has been done and no longer recognize the country that did it.

A nation of immigrants is holding another nation of immigrants in bondage, exploiting its labor while ignoring its suffering, condemning its lawlessness while sealing off a path to living lawfully. The evidence is all around that something pragmatic and welcoming at the American core has been eclipsed, or is slipping away...

This is not about forcing people to go home and come back the right way. Ellis Island is closed. Legal paths are clogged or do not exist. Some backlogs are so long that they are measured in decades or generations. A bill to fix the system died a year ago this month. The current strategy, dreamed up by restrictionists and embraced by Republicans and some Democrats, is to force millions into fear and poverty...

The restrictionist message is brutally simple — that illegal immigrants deserve no rights, mercy or hope. It refuses to recognize that illegality is not an identity; it is a status that can be mended by making reparations and resuming a lawful life...

Every time this country has singled out a group of newly arrived immigrants for unjust punishment, the shame has echoed through history. Think of the Chinese and Irish, Catholics and Americans of Japanese ancestry. Children someday will study the Great Immigration Panic of the early 2000s, which harmed countless lives, wasted billions of dollars and mocked the nation’s most deeply held values."

The complete editorial can be found at:
http://www.nytimes.com/2008/06/03/opinion/03tue1.html?_r=1&oref=slogin

Hyperbole aside, this editorial is charged with emotion. The same kind of emotion that people are feeling about oil prices, etc. There is a growing dissatisfaction amongst the citizenry and it will either spiral us deeper into apathy or motivate us as a nation to demand true change, not slogans.

What is it going to take to get you, the reader, to the point where you'll write that letter, make that telephone call, voice that opinion? There isn't a person out there who thinks that keeping immigration "status quo" is the right thing to do. Those opposed to immigration in all forms are getting mobilized and getting vocal...and their voices are being heard. The evidence is all around us. Even John McCain, a long-time "maverick" and advocate for immigrant's rights had been backed down by cat-calls and pressure from the other side.

We live in an amazing time and in the freest country in the world. Let's start acting like it!

Onward & Upward!
ITH

First Military Spouse Naturalized Overseas!

2008-06-04T08:20:00.002-05:00

06/02/2006

WASHINGTON (Army News Service, June 2, 2008) -U.S. Customs and Immigration Services held the first-ever naturalization ceremony for a military spouse stationed overseas at the U.S. Consulate in Frankfurt, Germany, May 29.

Zita Chouchan, an Army spouse, became one of America's newest citizens after she recited the Oath of Allegiance.

In her letter to USCIS seeking the opportunity to conduct her naturalization process and ceremony overseas, Chouchan said, "I'm very proud ... not everyone has earned the right to be called a military spouse."

In January, President Bush signed the National Defense Authorization Act for Fiscal Year 2008 into law. This new law amended portions of the Immigration and Nationality Act to allow certain spouses of servicemembers to naturalize overseas where they are stationed. Previously, these spouses could only naturalize while physically within the United States.

Jonathan Scharfen, acting director of USCIS, presided over the ceremony, which also included 20 soldiers stationed throughout Germany and Kosovo.

"This week, as we observe Memorial Day, we take time to reflect upon the sacrifices our military and their families make to defend the freedoms America offers," he said. "Words cannot express our profound appreciation for the honorable service you provide. You make us proud to be Americans."

The 21 new citizens were born in American Samoa, China, Cuba, Ecuador, El Salvador, Great Britain, Grenada, Haiti, Hungary, Israel, Jamaica, Liberia, Mexico, Nicaragua, Nigeria, the Philippines, Russia, and Togo.

Now if they'll just work on improving the processes HERE...

Hope everyone had a fabulous Memorial Day and that you took time to remember why we have this holiday. My three Great Uncles (Maynard, George, & Wilson) all served in WWII and our family was blessed to have them all come home safely. So many have paid the ultimate price to give us this land where its alright to write a blog and criticize the government's lack of action (or their mistaken action) without having to worry that the jack-booted thugs will show up and cart me away. We live in the greatest country on Earth...we just need to fine-tune some things.

Onward & Upward!
ITH

News & Updates!

2008-05-20T15:00:00.002-05:00

Just a short update today as we all get ready for the coming Memorial Day Weekend (and in my case a convention in Kansas City and watching the Grand Prix of Monaco).

In Missouri, HB 1549 (the house omnibus package) made it into and out of conference yesterday and today was passed by the Missouri House and Senate. I'll have more information on this bill when the conference committee version is printed.

In Kanasas the legislature was unable to pass the restrictive immigration bill that it had been working on.

In the "blatant self-promotion" department, yours truly was interviewed today for an upcoming article in the Wall Street Journal. I'll be sure and post a link when it is printed.

Onwards & Upwards!
ITH

Border Busts Coming AND Going!

2008-05-13T08:39:00.002-05:00

By Richard Marosi, Los Angeles Times Staff Writer
May 7, 2008

SAN DIEGO -- U.S. border authorities no longer apprehend illegal immigrants only as they enter the country. Now they're catching them on the way out.

At random times near the Tijuana-San Diego border, U.S. Customs and Border Protection officers have been setting up checkpoints, boarding buses destined for Mexico and pulling off people who don't have proper documentation.

The operation appears to be an expansion of a broader federal crackdown targeting illegal immigrants in jails, airports and workplaces across the country.

The checkpoints, which are not announced in advance, are set up on southbound Interstate 5 about 100 yards north of the border. Vehicles in all lanes must stop.

Vincent Bond, an agency spokesman, said departing immigrants are fair targets.

"If our officers come upon people who are here illegally . . . regardless of whether they're leaving the country, we detain them, make a record of the fact they were here illegally and return them to Mexico," Bond said.

Immigrant rights groups and other critics say the crackdown is a sad reflection of growing anti-immigrant sentiment in the country.

"The policies of the Bush administration are designed to make life so difficult for immigrants in the U.S. illegally that they're forced to leave. . . . Now they're arresting people who they are actually driving out of the country. . . . Unbelievable," said Frank Sharry, executive director of America's Voice, a Washington-based immigration reform group.

But some GOP politicians and anti-illegal immigration organizations praise federal authorities for widening their enforcement efforts. A spokesman for Rep. Duncan Hunter (R-El Cajon) said agents were simply doing their job.

"Whether people are coming or going . . . checkpoints are just another line of defense that targets illegal behavior," Joe Kasper said.

Customs and Border Protection, which typically provides detailed statistics on apprehensions, would not disclose details of the checkpoint operation. Nor would they say how long it has been underway.

The checkpoints have been randomly deployed since the Sept. 11 attacks, with inspectors typically looking for fugitives, stolen vehicles, weapons, drugs and other contraband.

Illegal immigrants became targets for arrest at the checkpoints only a few months ago, according to immigrant rights groups and human rights organizations in Mexico. It is unclear how frequently the checkpoints have been set up.

But Enrique Morones, president of the Border Angels, a San Diego-based group, said he believes that hundreds of immigrants have been arrested since the crackdown began.

Over a half-hour period April 30, agents appeared to be pulling over every bus and van heading for the border. But any vehicle, including cars, that agents deem suspicious may be stopped and searched.

Inspectors detained five young men from one bus traveling from Los Angeles to Puebla, a city southeast of Mexico City. After the inspectors made their apprehensions, only two passengers remained onboard.

"Pobrecitos (poor people)," said Lily Lujan, who watched the immigrants being arrested as she walked to the border crossing. "They were almost home. If they're already leaving the country, what's the problem?"

Federal agents say the checkpoints are a productive way to stop dangerous criminals, drug shipments and money launderers.

The illegal immigrants they apprehend are typically turned over to the U.S. Border Patrol for processing. Unless they have serious criminal records or numerous immigration violations, most are returned to Mexico within a few hours, the agents say.

Wayne Cornelius, director of the Center of Comparative Immigration Studies at UC San Diego, said he was not aware of similar crackdowns in the past. The checkpoints make sense for intercepting contraband, but targeting illegal immigrants voluntarily leaving the country is a "bizarre" way of handling the illegal immigration question, he said.

Other critics call it an enormous waste of resources and say it could be counterproductive and discourage immigrants from going home.

"There are people that want to go back, and even though they haven't done anything wrong, they might be intimidated from leaving," said Morones of the Border Angels. "It makes no sense."

But groups that fight illegal immigration praise federal authorities for showing more willingness to enforce existing immigration laws aggressively. Focusing on the criminality of people entering the country is only part of the job of border agencies, they say.

Rick Oltman, spokesman for Californians for Population Stabilization, said he hoped that the crackdown on departing illegal immigrants would be expanded to other exit points across the country.

He said apprehended immigrants who returned home to Mexico would become "ambassadors of enforcement" and might help deter illegal immigration.

"Each one of these people will then report increased enforcement to family and friends when they do get home, and that will give them second thoughts about sneaking back into the U.S.," he said.

Onward & Upward
ITH

Washington Post to Run Expose of Immigration Detention Program

2008-05-12T09:17:00.003-05:00

Reported at the Huffington Post (www.huffingtonpost.com) by Sam Stein,

The Washington Post is set to roll out a major investigative series by by prizewinning reporters Dana Priest and Amy Goldstein, this time centering on the hot-button issue of immigration.

The upcoming series will revisit a past topic -- the United State's detention program. But instead of looking at terrorist suspects being sent to Guantanamo Bay, the Post is now exploring the government's detention of undocumented immigrants, presumably by the U.S. Immigration and Customs Enforcement.

According to a source with knowledge of the Post's upcoming articles, Priest and Goldstein's work, which is set to appear in print this upcoming Sunday, will be "stronger" than earlier investigative stories.

The Post has been reporting extensively on the terrorist detention issue since 2002. In 2004, Priest reported that the Defense Department had approved tougher interrogation techniques for use at the Guantanamo Bay prisoners, including sleep deprivation, exposing detainees to heat, cold and "sensory assault," and the use of loud music and bright lights.

The upcoming piece will look at a program that has gone relatively untouched upon by investigative reporters. Immigrant detention has been a major political issue since the 1996 Anti-terrorism and Effective Death Penalty Act. Since then, civil rights groups have protested as immoral the detention of immigrants awaiting their citizenship decisions or deportation. The issue has become increasingly controversial in recent years as the size and scope of the detention program has grown. In February 2006, the New York Times reported that a subsidiary of Halliburton had been awarded a $385 million contract to build "temporary immigration detention centers" in the United States for the Homeland Security Department.

Dana Priest may not be a household name to you, but Priest is the reporter who "exposed" the Rendition program and more recently the series of pieces on conditions at Walter Reed hospital-so don't look for this upcoming work to be anything less then a scathing report on the detention program.

Onward & Upward
ITH

USCIS Modifies Report of Medical Examination & Vaccination Record:

2008-05-05T11:49:00.003-05:00

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today (4/29/2008) that it has revised Form I-693, Report of Medical Examination and Vaccination Record. The revision was necessitated by changes to the Tuberculosis (TB) Component of the Centers for Disease Control and Prevention’s Technical Instructions for Civil Surgeons.

This revised form (edition date 04/02/08) must be used for any medical examination completed on or after May 1, 2008. Previous editions of the Form I-693 may not be used on or after that date.

The medical examination Form I-693 provides USCIS results of a medical examination for applicants filing for adjustment of status to become permanent residents. The examination is required to ensure that an applicant is not inadmissible to the United States on public health grounds.

The new form lists seven TB classifications at the bottom of its first page. Civil surgeons must record the results of all medical examinations conducted on or after May 1, 2008, on the new form. Additionally, the current vaccination supplement will not be accepted for any vaccination assessment completed on or after May 1, 2008. An updated vaccination supplement has been included in part 2 of the revised form.

The revised TB Component of the Technical Instructions is available for review at www.cdc.gov/ncidod/dq/civil.htm. For more information on the revised Form I-693, visit USCIS’ Website at www.uscis.gov or call the National Customer Service Center at (800) 375-5283.

So if you've been putting together an application package that requires a medical exam you will need to re-do your medical exam.

Onward & Upward!
ITH

I Told You It Was Coming...

2008-04-25T08:39:00.001-05:00

U.S. immigration laws sapping trade, businesses say

By KRISTEN MILLARES YOUNG
P-I REPORTER

They came to the Port of Seattle's Pier 69 representing potato farmers, software developers, apple growers and racehorse trainers.

Despite their diverse backgrounds, the message repeated by all at Monday's trade and immigration round table converged at a single point: U.S. immigration policy has been broken for too long, and it is sapping trade, the lifeblood of Washington state.

"When I walk into a grocery store and to the produce station, I see hands," said Josh Koempel, the manager of Potentiality Orchards in Cashmere. "Whether pears, apples, cherries, peaches or apricots, they have all been touched by hands, multiple times."

In Washington state, and indeed across the U.S., the majority of those hands are brown. They belong primarily to the nation's exploding Latino population, projected to rise from 42 million in 2005 to 128 million in 2050.

Without them, the fruit and vegetables needed for a healthful diet will rot in the fields, said Dave Carlson, the chief executive of the Washington Apple Commission. The Mexican population is the fastest-growing in Washington state, and, like many others, Mexican immigrants are watching the tortured national debate with bated breath.

"I see a lot of fear in the community on our side of the state," Koempel said, describing how rumors of immigration roadblocks catch like wildfire whether true or not.

After the collapse of immigration reform in Congress last summer, many groups from both sides are still stirring up the debate. Starting Friday and continuing through April 30, the Minuteman Civil Defense Corps of Washington state -- an anti-immigrant group that sets up unofficial border patrols to try to catch illegal crossers -- are monitoring the U.S.-Canadian border in the hopes of catching people in the act and then calling U.S. Customs and Border Protection to nab them.

Although many Americans seem content to benefit from the trade economy's ripple effect of lower-cost goods, the nation has become embroiled in rhetoric and finger pointing about the labor structure that supports it.

"Labor is needed to make our economy move," said Matthew Harris, the Washington State Potato Commission's director of trade, who cited the potato industry's $3.2 billion direct and indirect economic effect on the state.

It is not just the fields, factories and service sector that call to the foreign-born, though much of the national debate has focused on such low-wage jobs.

Microsoft Corp. Associate General Counsel Lydia Tamez described how the nation's extreme shortage of green cards and "arbitrary visa quotas" -- and long waiting times for those the U.S. does furnish -- is hurting the software giant, which "though a U.S. company, is at its core a global organization."

Calling the current restrictions "a major business challenge for Microsoft," Tamez described how fierce competition for the best and brightest minds is clashing with the drawn-out uncertainty of being granted access to the U.S. to force Microsoft jobs outside of the country.

"Workers that need these visas simply can't be recruited, and the green-card shortages also hamper our ability to hire people because they don't want to wait eight to nine years to get a green card," Tamez said.

Microsoft is expanding its development centers outside the U.S., growing in China, India, Ireland, Britain and, most recently, Canada.

"When U.S. policy toward immigration does not allow businesses to implement the plans that they would prefer and hire highly skilled workers in the U.S., those businesses are often forced to move work to where the needed skilled workers are available," Tamez said.

Washington state, ranked 11th in the nation for a foreign-born work force, lost out to Vancouver, B.C., where Microsoft located a software development center.

"Our immigration policy is broken in part because we have not gone back and reformed our immigration system to meet the demands of our economy," said Pramila Jayapal, founder and executive director of the anti-discrimination group Hate Free Zone Washington. She later said, "We have free flow of goods but not free flow of people, and while I'm not an advocate for open borders, there is a disconnect between our economic and immigration policies."

Jon Wyss is director of government affairs for Gebbers Farms, the nation's third-largest apple and cherry farm. He cited the state's $4.95 billion in exports between July 2006 and June 2007 as reason enough to get serious on a state level about dealing with immigration reform.

Ninety-six percent of global food customers live outside the U.S., Wyss said, making Washington ports "the refrigerators of the world" supporting the state's top employer: agriculture.

The influx of immigrants and foreign investment can spell cash for Washington state, said Mark Calhoon of the state's Department of Community, Trade and Economic Development.

Washington's 11,663 foreign students contributed $268 million to the state's economy last year, according to the New York-based Institute of International Education that Calhoon cited.

On the investment side, the Commerce Department in 2005 found that foreign-owned companies employ nearly 86,000 workers in Washington. A quarter of those jobs are in manufacturing, representing about 8 percent of the state's total manufacturing employment.

Members of the round table suggested that the Port of Seattle Commission attest its commitment as a governing body to immigration reform and that the five-member board of elected port overseers bring together the business community to rally around immigration reform.

P-I reporter Kristen Millares Young can be reached at 206-448-8142 or kristenyoung@seattlepi.com.

This article can be found at www. seattlepi.nwsource.com

Onward & Upward
ITH

“Let Them In: The Case for Open Borders” by Jason Riley

2008-04-22T12:44:00.003-05:00

In recent edition of the Worcester Telegram & Gazzette, Robert Z. Nemeth interviewed and wrote a review of "Let Them In: The Case for Open Borders" by Jason Riley of the Wallstreet Journal's editorial staff. Here is a link to the article:

http://www.telegram.com/article/20080406
/COLUMN22/804060370/1020

When asked about why he wrote this book, Mr. Riley responds:

“I wrote this book to put the debate in perspective and to offer a rebuttal to some of the more common anti-immigrant arguments I’ve come across while covering the issue as a Wall Street Journal editorialist,” he explains. Two general themes run through the book: One is that today’s Latino immigrants aren’t different from earlier immigrants, only newer; and the other is that an open immigration policy is not only compatible with free-market conservatism and homeland security, but it is also good for the economy. "

Onward & Upward!
ITH

I make a blog mention!

2008-04-18T23:55:00.004-05:00

Earlier this week I attended a small town-hall meeting with one of the gubernatorial hopefuls in the upcoming Missouri election, current State Treasurer Sarah Steelman. I was asked several questions by Steelman in regards to my opinions on illegal immigration, but more importantly I was able to explain the H-2B program to her and describe the need for a revamping of the legal immigration programs.

It's pretty obvious from reading the blog entry by Mr. Schlinkman that he is not a Steelman supporter, and he makes sure to mention my brother and his wife (both prominent politicians in the St. Charles, MO area)-even taking a little shot at my big brother.

Here is a link to the blog entry from The St. Louis Post-Dispatch's site (www.stltoday.com):

http://www.stltoday.com/blogzone/political-fix/political-fix
/2008/04/steelman-touts-stances-on-illegal-immigration/

Onward & Upward,
ITH

p.s. keep those emails coming with your H-2B and immigration questions!

House Immigration Subcommittee to Hold H-2B Oversight Hearing

2008-04-16T13:43:00.002-05:00

*jaw agape* Well I'll be folks!

On Wednesday, April 16th, the Immigration, Citizenship, Refugees, Border Security, and International Law Subcommittee of the House Judiciary Committee will hold an oversight hearing on the H-2B seasonal worker visa program, at 2:00pm in room 2141 of the Rayburn House Office Building.

It says there is a live webcast of it, though at present I have not been able to hear anything. Once its concluded I'll pass on what information is pertinent.

In other immigration news though:

Immigration agents raid Pilgrim's Pride Plants

Wednesday, April 16, 2008

DALLAS (AP) Federal immigration agents raided Pilgrim's Pride poultry
plants in five states Wednesday in a crackdown on an alleged scam to provide
fake identification for illegal immigrant workers.

Julie Myers, Immigration and Customs Enforcement assistant secretary, told
The Associated Press that more than 100 people were expected to be arrested
on criminal charges related to identity theft.

This identity theft is a horrible problem that can ruin a person's good
name, Myers said.

It was unclear how many more would be detained on immigration charges at the
plants in Texas, Arkansas, Florida, Tennessee and West Virginia, she said.
Agency spokeswoman Kelly Nantel had estimated at least 100 such
administrative arrests.

Ray Atkinson, a spokesman for Pittsburg-based Pilgrim's Pride, did not
immediately return calls for comment.

Those facing criminal charges will be detained by U.S. marshals, Nantel
said. ICE agents will interview others to decide whether they would be
detained or released pending immigration hearings.

In Arkansas, federal agents raided a north Arkansas poultry plant over
suspected immigration violations, authorities said.

Temple Black, a spokesman for U.S. Immigration and Customs Enforcement, said
the arrests were part of an ongoing criminal investigation that involved a
poultry plant in Batesville, Ark. Black declined to say how many people were
arrested or describe the nature of the investigation.

The other plants involved were in Mount Pleasant, Texas; Live Oak, Fla.;
Moorefield, W.Va.; and Chattanooga, Tenn.

Myers said the raids were part of a long-term investigation into practices
at Pilgrim's Pride, the nation's largest chicken producer.

In January, 24 people, including some former employees, were indicted as
part of the probe after investigators said they were involved in an identity
theft ring to help get jobs for illegal immigrants at plants in Pittsburg
and Mount Pleasant.

Pilgrim's Pride has about 55,000 employees and operates dozens of facilities
mostly across the South and in Mexico and Puerto Rico.

Onward & Upward!
ITH

Visa Violators Need to Beware...

2008-04-14T10:32:00.003-05:00

A recent Wall Street Journal article highlighted a new trend in immigration law. Visa overstays are being put in removal proceedings as a result of being stopped for minor traffic violations. The scenario goes something like this:

1. Police officer stops your car for speeding, etc;
2. Police officer runs your name through the computer;
3. It gets a hit if you have a visa overstay, etc.;
4. You are taken into custody and get a notice to appear before EOIR (immigration court) and are now in removal/deportation proceedings.

So, if you are reading this and are a visa overstay (meaning you entered the US legally on a visa but overstayed and are now illegally present) you need to be mindful of your situation. You could be a homeowner, law-abiding, tax-paying productive member of the society. If yo come in contact with the authorities for any reason, it could result in your being in removal proceedings.

So if you have been procrastinating taking care of your immigration situation...the time to procrastinate is over.

And this doesn't just apply to visa overstays. If you were an illegal entry you are also potentially looking at any contact with the authorities being a prelude to being placed in removal proceedings.

If you are in this situation or know someone in this situation, please contact an immigration attorney (and stay as far away from so-called "notarios" as possible, they are engaging in the unauthorized practice of law and can and will ruin your life with their inexperience).

If you are a visa overstay you have options.

Even if you are here illegally you have options.

Once you are placed in removal proceedings many of those options disappear.

Don't think it won't happen to you. I have clients in removal proceedings right now who didn't think it would happen to them. I spent Friday night eating dinner with the family of a client begging me to do whatever it took to help keep their family member in the USA.

Its your life people, it deserves your undivided attention.

Onwards & Upwards,
ITH

USCIS Announces H1-B Roulette Has Begun!

2008-04-11T09:10:00.003-05:00

Well, its not like we didn't know it was going to happen...

USCIS REACHES FY 2009 H-1B CAP

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2009. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the “advanced degree” exemption. Before running the random selection process, USCIS will complete initial data entry for all filings received during the filing period ending on April 7, 2008. Due to the high number of petitions, USCIS is not yet able to announce the precise day on which it will conduct the random selection process.

USCIS will carry out the computer-generated random selection process for all cap-subject petitions received. USCIS will select the number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the “advanced degree” exemption limit. USCIS will reject, and return filing fees for all cap-subject petitions not randomly selected, unless found to be a duplicate. USCIS will handle duplicate filings in accordance with the interim final rule published on March 24, 2008 in the Federal Register.

The agency will conduct the selection process for “advanced degree” exemption petitions first. All “advanced degree” petitions not selected will be part of the random selection process for the 65,000 limit.

Here is a link to the interim rule from the Federal Register:
http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/E8-5906.htm

So once again Congress, through their own inaction has caused more drama in the lives of potential H-1B nonimmigrants and the businesses who need their labor. Congress is more interested in changing their own rules to stymie a deal for freer trade with Colombia and bailing out greedy investment banks then helping businesses that AREN'T failing.

It is so patently obvious that the numbers of H-1B and H-2B visas available each fiscal year are woefully inadequate to the demand for that labor. What is it going to take to wake Congress up to this?

Onward & Upward!
ITH

H-2B Related Lawsuit Filed

2008-04-08T09:39:00.003-05:00

Sorry about the lack of posts this previous week...it was a very busy weekend! Checking the immigration world we see that...imagine that...NOTHING has been done to alleviate the H-2B crisis. Most of my colleagues have recovered from their marathon H-1B assembly sessions and are cogent enough to climb back on the horse.

In H-2B news though...

From the New York Times, 03/11/2008:

NEW ORLEANS — A group of 500 foreign welders and pipefitters brought in to work at Gulf Coast oil rig yards after Hurricane Katrina said Monday that they had sued their employer, claiming they were lured with false promises of permanent-resident status, forced to live in inhumane conditions and then threatened when they protested.

The workers were recruited in India and the United Arab Emirates and brought in late 2006 and early 2007 under the government’s temporary guest worker program. They worked at Signal International, an oil-rig repair and construction company with yards in Pascagoula, Miss., about 85 miles east of here, and in Orange, Tex., about 100 miles east of Houston.

The company said it had brought them in to supplement a labor force depleted by Hurricanes Katrina and Rita.

At a rally here Monday, workers and their lawyers said they had given up life savings, sold family jewelry and paid up to $20,000 in immigration and travel fees after being assured that the company would help them to become permanent residents of the United States.

In a statement, the company called the workers’ charges “baseless and unfounded” and said it had spent “over $7 million constructing state-of-the-art housing complexes” for the workers. The company said that the “vast majority of the workers” recruited had been satisfied with their conditions and that the workers were being paid “in excess” of prevailing rates and in full compliance with the law.

Workers and their advocates disputed those assertions. Ignorant of American immigration law, advocates said, the workers were unaware that they had been brought in only temporarily.

“They didn’t know they were guest workers,” said Stephen Boykewich of the New Orleans Workers’ Center for Racial Justice. “They thought they were getting permanent status.”

The green cards enabling residency never materialized, according to the lawsuit, and the workers were forced to live in overcrowded guarded “bunkhouses” at Signal International, with inadequate toilets and unhygienic kitchens that frequently made them ill.

The class-action lawsuit was filed by the Southern Poverty Law Center of Montgomery, Ala., among other groups.

The workers’ assertions are the latest in a series of complaints about exploitation of foreign laborers on the Gulf Coast after Hurricane Katrina.

Previous complaints have involved Hispanic hotel and construction workers and farm laborers and have centered on low pay and harsh working conditions.

In the summer of 2006, Hispanic hotel workers sued a prominent New Orleans developer over inadequate pay, and last month, fruit pickers walked off the job in a parish north of here over exploitative conditions.

The Southern Poverty Law Center has also sued on behalf of immigrant workers involved in the reconstruction and cleanup of New Orleans after the storm. It maintains that immigrants brought in under the guest worker program are “systematically exploited and abused,” all over the country.

It is alleged instances like this that will perpetually hamper the efforts to reform and streamline the H-2B visa process. Whether the allegations are true or not, the stigma attached to the temporary workers programs are only reinforced by these kinds of happenings. If you are an H-2B employer, PLEASE ensure that you are complying with every jot & tittle of the H-2B program. This is the only way that this program will be respected is if the integrity of its participants are above reproach. If you need/want to know what is expected of you as an H-2B employer, feel free to contact me by phone or email and I would be happy to discuss it with you.

Onwards & Upwards!

Ith

Poll: Voters Unaware of Candidates' Immigration Posititions

2008-04-01T09:50:00.004-05:00

Although I was sorely tempted to post some witty April Fool's Day joke here I realized that the best ones could cause wholesale panic ala Orson Welles' "War of the Worlds." So I reigned in my passions and am posting straightforward information:

Poll: Voters Unaware of Candidates' Immigration Positions

http://www.cis.org/articles/2008/voter_release_08.pdf

The Center for Immigration Studies (www.cis.org), an independent research institute
which examines the impact of immigration on the United States, has released an article examining a poll (though mistakingly dating the press release as March 31, 2007) conducted by Pulse Opinion Research on March 12-13th of 1,276 persons who voted in a primary or caucus.

Among the findings:

1. Only 34 percent of McCain voters, 42 percent of Clinton voters, and 52 percent of Obama voters correctly identified their candidate as favoring eventual citizenship for illegal immigrants who meet certain requirements.

2. Of McCain voters, 35 percent mistakenly thought he favored enforcement that would cause illegals to return home, another 10 percent thought he wanted mass deportations, and 21 percent didn’t know his position.

3. Voters often held different positions from the candidate they supported. Only 31 percent of McCain voters had the same immigration position as he does. For Clinton voters, 45 percent shared her position; 61 percent of Obama voters shared his position.

4. This lack of knowledge, coupled with disagreements with their candidates’ positions, makes it very difficult to draw any conclusions about the fact that all three remaining candidates favor legalization for illegal immigrants.

5. Whoever wins the presidency will face significant opposition to giving eventual citizenship to illegal immigrants. Just 25 percent of Republican and 50 percent of Democratic primary/caucus voters said they would support such an effort.

6. Pro-enforcement voters have a greater intensity of views than supporters of legalization. Among Republicans, almost nine out ten who favored causing illegals to return home said they strongly supported that view; on the other hand, fewer than half of Republicans who backed legalization strongly supported that view.

7. This greater intensity also exists among Democrats. Of Democrats who favored causing illegals to return home, more than seven out of ten strongly supported that view; on the other hand, fewer than six out of ten who favored legalization strongly supported that view.

I think this survey and the results present some interesting information for all of us. I think the most disappointing information is the lack of knowledge in regards to the candidate's immigration views. This is precisely the reason I posted the immigration platforms of the major candidates last month.

Lets get informed. Not just about the candidate's immigration positions...ALL their positions. Look at their voting records-not just what they say. Anyone can say anything to appease a crowd or incite a group...its where you take responsibility-where you vote that counts!

Onward & Upward!
ITH

Amateurs built the ark. Professionals built the Titanic.

2008-03-25T10:05:00.001-05:00

Can you imagine working for a company that has a little more than 500 employees and has the following statistics:

* 29 have been accused of spousal abuse
* 7 have been arrested for fraud
* 19 have been accused of writing bad checks
* 117 have directly or indirectly bankrupted at least 2 businesses
* 3 have done time for assault
* 71 cannot get a credit card due to bad credit
* 14 have been arrested on drug-related charges
* 8 have been arrested for shoplifting
* 21 are currently defendants in lawsuits
* 84 have been arrested for drunk driving in the last year.

Can you guess which organization this is? It's the 535 members of the United States Congress. The same group that crank out hundreds of new laws each year designed to keep the rest of us in line, and currently can't seem to do anything about the broken immigration system!

Onward & Upward!
ITH

One Week until the H-1B Avalanche Hits!

2008-03-24T11:08:00.002-05:00

Next week marks the beginning of the usually short-lived H-1B application season. On April 1st the H-1B applications for fiscal year 2009 will arrive at USCIS in wave upon wave...and USCIS will announce almost as quickly that it has received enough applications to meet the H-1B visa cap, breaking the hearts of thousands of businesses and would-be non-immigrant workers-and of course perplexing and causing untold frustration to immigration lawyers across the USA.

H-1B visas, even more highly prized then their shorter-term and seasonal H-2B brethren. Only 65,000 H-1B visas are available per fiscal year (starting each 10/01). But it wasn't always this way.

On October 1, 2003 our beloved US Congress reduced the numbers of H-1B visas from 195,000 to 65,000. That's right, 130,000 visas gone with the wind! In ensuing years they have miserly added little exceptions to try and placate those seeking H-1B visas, but these miserly additions have not assuaged the shock of 10/01/2003 or the consequent "April Rush" to the FedEx box that has occurred each year since.

What are the exceptions to this cap? 6,800 are reserved for the H-1B1 program for nationals of Chile & Singapore...yep, that's right, of the 65,000, almost 7,000 are specifically reserved for people from those two countries (5,400 for Singapore, 1,400 for Chile). If the 6,800 aren't spoken for by applicants for the H-1B1 program (which will likely be almost half of them) they will then be available to others in the 45 day period beginning October 1st. Congress also has allocated an additional 20,000 H-1B visas for graduates of US masters programs or higher. Though these 20,000 are usually available for a few more days after the initial application wave, they are also soon snatched up a good 6 months before being issued.

Not every H-1B application is going to be subject to the general cap-there is some mercy from Congress. Institutions of higher education, some non-profit entities and research organizations-and of COURSE government research organizations-are not subject to the general cap provision. Imagine that, the government exempting themselves from something...

This of course should be obvious to Congress and USCIS that something is seriously deficient in the H-1B availability program. No less then 3 bills were presented last week addressing the H-1B visa (and of course notice that NO bills were introduced to arrest the H-2B crisis...I wonder who donates more to Congressional campaigns?)

Onward & Upward!
ITH

3 H-1B Related Bills Submitted to the House of Representatives.

2008-03-19T10:55:00.002-05:00

Well, as always, H-2B is the ugly step-sister to the H-1B visa so H-1B gets all the attention! Aila.org reported this on their website this morning:

On March 14, three bills were introduced into the House of Representatives relating to high-skilled visas.

Rep. Smith (R-TX) introduced H.R. 5642 which would increase the numerical limitation with respect to H–1B non-immigrants for fiscal years 2008 and 2009.

Rep. Kennedy (D-RI) introduced H.R. 5634 which would exempt from numerical limitations any alien who has received a Ph.D. from an institution of higher education within the 3-year period preceding such alien’s petition for special immigrant status.

Rep. Giffords (D-AZ) introduced H.R. 5630 which would modify certain requirements with respect to H–1B non-immigrants.

I'll have more information about these bills as the week progresses...and if the office isn't washed away in the flooding!

Onward & Upward!
ITH

DHS Signs VWP with Slovakia, Hungary, & Lithuania

2008-03-18T10:50:00.000-05:00

U.S. Department of Homeland Security (DHS) Secretary Michael Chertoff signed today Visa Waiver Program (VWP) Memoranda of Understanding (MOU) with the Slovakian, Hungarian, & Lithuanian governments. The security enhancements outlined in the agreements put all three countries on track for visa-free travel to the U.S., and potential designation as VWP members later this year.

“I applaud Slovakia, Hungary and Lithuania for their leadership on these enhanced security measures, and I look forward to the day when their citizens can travel to the United States without a visa,” said Homeland Security Secretary Michael Chertoff. “In today’s interconnected world, facilitating travel between partner nations with a common focus on security is not only beneficial, it’s imperative. We’re fortunate to have strong ties with each of these countries, and with the European Union. As we move forward with other aspiring allies
toward visa free travel, we will also continue to collaborate with the European Union, especially in areas where it has unique legal authority.”

The U.S. Congress authorized DHS in August 2007 to reform the VWP and strengthen the security arrangements required of existing participant countries, as well as to expand the conditions for aspiring countries to join the program. Among the security enhancements required, DHS will establish an electronic system of travel authorization for air passengers. VWP travelers will be asked to provide some basic information online, which will generate an
authorization number for travel. DHS will announce complete details on how the authorization systems will work, and when they will begin, later this year. VWP partners also must ensure reporting of lost and stolen passports to avoid fraudulent use and enhance security measures for airports that originate flights to the U.S., to include permitting air marshals on certain flights.

As mentioned on the blog last week, the VWP has been authorized by U.S. law for over 20 years, with 27 current members from Asia and Europe. The department has signed enhanced VWP agreements with the Czech Republic, Estonia and Latvia in recent weeks. Each country committed to meeting the new requirements of the program, to include an electronic system of travel authorization.

Workers in raid get right to legal counsel

2008-03-18T10:27:00.003-05:00

This article from last Friday's LA Times discusses a settlement reached between the Federal government and several Civil Rights groups in regards to right to counsel.

By Daniela Perdomo, Los Angeles Times Staff Writer
March 14, 2008

Civil rights groups said Thursday that they had reached a settlement with federal officials guaranteeing that workers nabbed in an immigration raid last month in Van Nuys can be accompanied by an attorney to all meetings and interrogations.

The settlement, finalized Wednesday, was reached after groups, including the American Civil Liberties Union of Southern California, the National Lawyers Guild and the National Immigration Law Center, sought a restraining order in federal court last month against federal immigration officials who they alleged had repeatedly blocked attorneys from accompanying workers to interviews. The settlement applies to about 130 workers at Micro Solutions Enterprises detained Feb. 7 on immigration violations.

Immigration and Customs Enforcement officials said the terms of the settlement were confidential but the agency was "very pleased with the result."

"It should be emphasized that ICE conducts work site enforcement operations lawfully, professionally and with extreme consideration to humanitarian concerns," said spokeswoman Lori Haley. Haley said the agency advises detainees of "their right to legal counsel and communication with consular officers by telephone or in person, after initial processing is completed."

According to Angelica Salas, executive director of the Coalition for Humane Immigrant Rights of Los Angeles, ICE officials said the meetings to which lawyers were denied attendance were "administrative" and did not require the presence of legal counsel.

The organizations seeking the restraining order contended that the workers had a right to have an attorney present in those initial interviews, as well as any others.

"The government won't pay for the attorneys, but if the worker has access to one, they are allowed to meet with them," said Ahilan Arulanantham, a staff attorney with the ACLU of Southern California and one of the attorneys representing the workers pro bono.

Arulanantham said the groups hoped that the case would set a legal precedent.

"The government would have a hard time explaining why the rights of these people are different from those of others" detained in similar raids, he said.

Onward & Upward!
ITH

------

News & Updates

2008-03-14T13:47:00.002-05:00

Is your H-2B about to expire? Want to stay in the USA? Groundskeeper H-2Bs from April to November 30, 2008 AVAILABLE NOW!

I've been contacted by a client who has Labor Certification for groundskeepers. The job duties include mowing, trimming and maintaining the grounds, fairways, and greens of a golf course. This is a full-time job. Pay is $6.75/hour ($10.43/hour overtime). Country club is located in Southeast Missouri.

If there is anyone who is CURRENTLY in H-2B status and wants to stay in the United States then this is an opportunity to do so. You must still be in H-2B status. Right now the employer has approximately 3 spots still open. I will be filing the USCIS paperwork on April 1st so if you are interested you need to contact me ASAP. I will then pass on your name and contact information to the employer so that he can interview you

Immigration Court Delays Implementation of "Immigration Court Practice Manual"

The Executive Office of Immigration Review (EOIR) has delayed the implementation of its "Immigration Court Practice Manual" from April 1, 2008 until July 1, 2008. The stated reasoning is that members of the bar had requested additional time for interested parties to become familiar with the Practice Manual. Up until the creation of the ICPM, which creates uniform procedures, recommendations, and requirements for persons who present cases before the immigration courts, each immigration court was allowed to create and use its own local rules. When the ICPM goes into effect on July 1, 2008, those local rules will no longer be in effect. The ICMP is currently available on EOIR's website at http://www.usdoj.gov/eoir/.

This is great news for attorneys like myself who have clients in removal proceedings across the USA. Now I am able to file motions and represent clients in immigration court without worrying about local rules specific to each court. I just wish they would've kept the April 1st implementation date.

USCIS Director to Resign

Dr. Emilio T. Gonzalez, in a letter to USCIS staff dated 03/13/2008, stated his intention to resign effective 03/18/2008. In the letter, Dr. Gonzalez states:

"This was an extremely difficult decision for me but one that I had to make. Since 1999, due to my professional commitments and requirements, I have led a part-time family life. The time has now come for me to return to being a full-time husband and father. After taking my family on a well-deserved vacation, I will pursue other opportunities in south Florida."

Let's hope the new director can light a fire and get this backlog dealt with and help push forward some much needed fixes!

Well that's it for another week. Still no H-2B relief in sight as Congress wrestles with the gamesmanship over domestic security legislation. One of these days we'll have politicians with a higher mandate then the ballot box...it just won't be this election cycle!

Onwards & Upwards!
ITH

Estonia & Latvia join Visa Waiver Pilot Program!

2008-03-13T09:27:00.002-05:00

http://www.dhs.gov/xnews/releases/pr_1205358177498.shtm

Release Date: March 12, 2008

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

U.S. Department of Homeland Security (DHS) Secretary Michael Chertoff signed today Visa Waiver Program (VWP) Memoranda of Understanding (MOU) with Estonian Minister of Internal Affairs Juri Pihl in Tallinn, Estonia, and with Latvian Minister of Foreign Affairs Maris Riekstins in Riga, Latvia. The agreements outline security enhancements that put both countries on the path toward visa-free travel to the U.S., and possible designation as VWP members later this year.

"I commend Estonia and Latvia for their commitment to these security measures, and for the leadership they demonstrate to other aspiring partners," said Homeland Security Secretary Michael Chertoff. "We have a common adversary whose stated intent is to strike at our freedoms, wherever and whenever they can. But, we also have a common resolve and vision with the European Union and its member states to enhance security in a way that facilitates travel for our citizens. We respect European Union law and will continue to work collaboratively, particularly in the areas where the European Union has unique authority, as we enter into agreements with aspiring Visa Waiver Program countries."

The VWP has been authorized by U.S. law for over 20 years, with 27 current members from Asia and Europe. The U.S. Congress authorized DHS in August 2007 to reform the VWP and strengthen the security arrangements required of existing participant countries, as well as to expand the conditions for aspiring countries to join the program.

Among the security enhancements required, DHS will establish an electronic system of travel authorization for air passengers. VWP travelers will be asked to provide some basic information online, which will generate an authorization number for travel. DHS will announce complete details on how the authorization systems will work, and when they will begin, later this year. VWP partners also must ensure reporting of lost and stolen passports to avoid fraudulent use and enhance security measures for airports that originate flights to the U.S., to include permitting air marshals on certain flights.

The department signed the first enhanced VWP agreement with the Czech Republic on Feb. 26, 2008, who committed to meeting the new requirements of the program, to include an electronic system of travel authorization.

A little about the Visa Waiver Program from yours truly...

The Visa Waiver Program (VWP) enables nationals of certain countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. The program was established in 1986 with the objective of eliminating unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas. VWP eligible travelers may apply for a visa, if they prefer to do so. Not all countries participate in the VWP, and not all travelers from VWP countries are eligible to use the program. VWP travelers are screened prior to admission into the United States, and they are enrolled in the Department of Homeland Security’s US-VISIT program.

There are currently 27 countries (soon to be 30 in the above news) that participate in the VWP:

Andorra	Iceland	Norway
Australia	Ireland	Portugal
Austria	Italy	San Marino
Belgium	Japan	Singapore
Brunei	Liechtenstein	Slovenia
Denmark	Luxembourg	Spain
Finland	Monaco	Sweden
France	the Netherlands	Switzerland
Germany	New Zealand	United Kingdom

Canada, Mexico and Bermuda are not participants in the Visa Waiver Program. The Immigration and Nationality Act includes other provisions for visa-free travel for nationals of Canada and Bermuda under certain circumstances.

The world is getting smaller folks...

Onward & Upward!
ITH

Stung by the H-2B Cap? Maybe you can use the H-2A Visa!

2008-03-12T12:06:00.002-05:00

For many of you out there, this isn't going to be a viable option, but I am throwing it out there just in case it is something that can help you.

If you have a labor cert for H-2B but can't find workers who are ALREADY in the USA on H-2B visas that haven't expired yet, then another option might be an H-2A Visa!

The H-2A temporary agricultural visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. to perform agricultural labor or services of a temporary or seasonal nature. 'Temporary or seasonal nature' means employment performed at certain seasons of the year, usually in relation to the production and/or harvesting of a crop, or for a limited time period of less than one year when an employer can show that the need for the foreign workers is truly temporary.

So how could this apply to you? Well if you are say, a horse breeder and have been looking for grooms or other employees to work with horses (usually an H-2B Visa) but you ALSO grow the hay used on the ranch then you may have the required seasonality and temporary need to be eligible for an H-2A visa for a Farmworker. A small part of the their labor could include tending animals, so a switch in who does what around the farm may need to occur to ensure that you are complying with the rules and regulations of the Visa, but if you have help to cover one area, then US workers on the farm could rotate over to the groom position, etc.

This option arose out of some work I have been doing for a swine farm here in Missouri. Swine production is a year-round business, which means it isn't eligible for an H-2A Visa. But the farm raises all the crops it uses to feed the animals, and that seasonal crop productions IS H-2A eligible. If this idea can work to help this farmer find labor to help him with the planting, maintaining, and harvesting of his food crops, then possibly it could help with something like a horse ranch.

If you think you might have a normally H-2B eligible business that may also have an eligible H-2A position on it, feel free to contact me at the office by phone, fax, or email (ithardin@hotmail.com) and we'll discuss it and see if we can't help you get SOME workforce relief.

H-2A visa does have some significant differences in requirement. The employer must provide housing, usually pay a higher wage then the prevailing one, AND provide or reimburse travel costs to and from the home country of the alien worker. It just might not logistically fit your business. But if there is a way to make it work-let's go for it!

As always, keep pressuring your elected representatives in regards to passing legislation similar to the Save our Small & Seasonal Businesses Act of 2005.

Onward & Upward!
ITH

HELP WANTED! GROUNDSKEEPERS!

2008-03-11T12:32:00.002-05:00

I've been contacted by a client who has Labor Certification for groundskeepers. The job duties include mowing, trimming and maintaining the grounds, fairways, and greens of a golf course. This is a full-time job. Pay is $6.75/hour ($10.43/hour overtime). Country club is located in Southeast Missouri.

If there is anyone who is CURRENTLY in H-2B status and wants to stay in the United States then this is an opportunity to do so. You must still be in H-2B status. Right now the employer has approximately 3 spots still open. I will be filing the USCIS paperwork on April 1st so if you are interested you need to contact me ASAP. I will then pass on your name and contact information to the employer so that he can interview you.

Onwards & Upwards!
ITH

Judge makes landmark decision on border fence

2008-03-11T09:25:00.001-05:00

http://www.brownsvilleherald.com/news/fence_85040___article.html/border_decision.html

After a one-month deliberation, U.S. District Judge Andrew S. Hanen has issued the most significant decision in the border fence’s short judicial history. In a case against Eloisa Tamez, who owns property along the barrier’s proposed path in El Calaboz, Hanen found that the federal government is authorized by the Declaration of Taking Act to condemn Tamez’s land. But according to the ruling, negotiations must take place between the landowner and the Department of Homeland Security before property is seized.

Immediately after the decision was filed on Tamez’s case, 25 previously pending cases — pertaining to land in Cameron Hidalgo and Starr Counties — were scheduled in Hanen’s Brownsville court on March 17 and 19, making him a critical actor in the border fence’s construction. Among the defendants in the next batch of cases are the Texas Southmost College District and the Rio Grande City Consolidated Independent School District.

This is HUGE people...stay tuned for updates as this develops.

Here is a link to the Judge's ruling:
http://www.nnirr.org/resources/docs/EloisaTamezCase3-7-08-Order.pdf

Onward & Upward!
ITH

USCIS Announces 18-Month Extension of TPS for Somalis!

2008-03-10T12:20:00.003-05:00

http://www.aila.org/content/default.aspx?docid=24883

WASHINGTON – The Department of Homeland Security (DHS) announced today an 18-month extension of Temporary Protected Status (TPS) for nationals of Somalia through September 17, 2009. Under this extension, those who have already been granted TPS are eligible to live and work in the United States for an additional 18 months and continue to maintain their status.

Back From My Sick-Bed!

2008-03-10T10:40:00.003-05:00

Sorry that I haven't update the blog this last week. I caught a very nasty flu bug and spent the last seven days in bed.

I got word that the article I was interviewed for ran in the Arkansas Democrat-Gazette; Date: Mar 5, 2008; Section: Business; Page: 27 (which I am told was the front page of the business section). You have to sign up (albeit free) to view it on their website, so I am going to just post it here:

Tree planters feel pinch of cuts

Shortage of guest-worker visas stalls seedling plantings

BY NANCY COLE ARKANSAS DEMOCRAT-GAZETTE

Some tree-planting contractors in Arkansas are going out of business because of a shortage of H-2B guest-worker visas. “It put me out of business,” said Chuck Hoover, a Monticellobased forestry contractor who began hiring H-2B workers in 1999.

“I’m not the only one,” he said. “I’ve got two other friends that live here pretty close to me and they didn’t get their help either.” Those wanting their land planted with seedlings will be served, if a bit late this year, said Allan Murray, who manages the Arkansas Forestry Commission’s Baucum Nursery just east of Little Rock. That’s because some landowners were hesitant to commit to seedlings because of the uncertainty of the Farm Bill and its reforestation incentives, and high grain prices make farming more attractive than trees, he said. Hoover wanted to employ 40 H-2B planters from Mexico but received none. The inability to plant seedlings jeopardizes the demand for Hoover’s other work, which involves spraying, burning and ripping land to prepare it for planting.

“The only way that’s going to pay off is if the land gets trees planted on it,” Hoover said. Finding U.S. workers to plant seedlings has become increasingly difficult during the past 45 years, said Bryan Davis, a forester with Little Rock-based Davis DuBose Forestry Real Estate Consultants. “As the years went by, there were other, better jobs,” and local people no longer want to do strenuous stoop labor, Davis said.

The problems with hiring foreign workers are rooted in federal legislation. Section H-2B of the Immigration Reform and Control Act of 1986 permits nonimmigrant foreigners to enter the United States each year to perform temporary services on a seasonal basis. Forestry, construction, hospitality, fisheries, landscaping and golf course maintenance are just a few of the sectors that use H-2B workers. In subsequent years, the number of H-2B visas that could be issued was capped at 66,000 per fiscal year — one half starting Oct. 1, the other half starting April 1 — but demand grew. In 2005, demand for H-2B visas exceeded the supply so Congress exempted returning workers — those who had worked in the United States in any of the previous three years — from the cap. Because the returning-worker exemption expired last Sept. 30, many in U.S. forestry feared an H-2B worker shortage. An attempt was made to extend the exemption — the Save Our Small and Seasonal Businesses Act of 2007,
S.B. 988 and H.B. 1843, but the legislation failed.

“Some people did not get crews, and some crews were smaller,” said Mark Chupp, who manages ArborGen LLC’s Fred C. Gragg SuperTree Nursery near Bluff City in Nevada County. As a result, tree planting “this year may go deep into March,” Chupp said. Tree seedlings usually are planted in Arkansas from December to late February or early March. “It’s a very tight schedule,” said Pete Prutzman, a senior forester with Kingwood Forestry Services Inc. in
Arkadelphia. “We try to plant when the seedlings we’re planting are dormant,” he said. Although Kingwood’s clients had no trouble getting their seedlings planted, Prutzman said he heard widespread reports of contractors having problems.

“We were braced for it to be a lot worse,” said Kevin Richardson, who manages Weyerhaeuser’s Magnolia Regeneration Center in Columbia County. Some smaller seedling sales had to be canceled, because of a shortage of tree planters, but it was mostly “business as usual” for the large companies, he said. Plum Creek Timber Co. Inc., Arkansas’ largest private timberland owner, with about 905,000 acres, got all its trees planted, said Peter Remoy, a Crossett-based manager for the company. Crews were delayed in starting work in Arkansas, so it took longer than normal this year to plant about 40,000 acres, Remoy said.

Demand for H-2B workers continues to be strong, said Ian Thomas Hardin, an attorney with Immigration Law Associates of Cape Girardeau, Mo. The 33,000 cap for the first half of fiscal year 2008 was met Oct. 1 and, “by the first week of January, the April ones were already gone,” Hardin said.

In Arkansas, requests for more than 8,000 H-2B workers were filed in 2006 and nearly 7,000 in 2007, representing more than 10 percent of the national quota. The Forest Landowners Association, which represents private, nonindustrial landowners, has petitioned the U.S. Department of Labor to permit tree planters to enter the country under H-2A visas. A companion of the H-2B program, H-2A, which is designed for agricultural laborers, has no annual visa cap.

“I don’t think we got hurt this year ... but I’m really afraid that [H-2B shortages] might hurt us in years to come,” said Scott Jones, executive vice president of the Atlanta-based Forest Landowners Association. H-2A looks like a good fix, he said.

Onward & Upward!
ITH

Updates & Happenings Around the US...

2008-03-03T10:37:00.002-06:00

DHS has just released a fact sheet on border security & immigration enforcement.

http://www.aila.org/content/default.aspx?docid=24801

The two-page fact sheet highlights the efforts that DHS has been making in regards to border enforcement, interior enforcement, and policy implementations such as E-verify and the Social Security "No-Match Letter" Rule.

DHS states that the Border Patrol now has over 15,000 agents and that by the end of the year expects to have more then 18,300 (which is double the number of Border Patrol agents that existed in FY 2001).

E-Verify is an Internet-based system operated by U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration (SSA). E-Verify is currently free to employers and is available in all 50 states. E-Verify provides an automated link to federal databases to help employers determine employment eligibility of new hires and the validity of their Social Security numbers.

E-Verify is free and currently has over 54,000 employers registered with 1000 new employers registering each week. Currently E-Verify is not mandatory, though it has been suggested that it be mandatory as part of an immigration reform package.

Last year DHS issued proposed regulations in regards to what an employer should do when they receive a "No Match Letter" from the Social Security Administration when they have a Social Security Number that does not match the name assigned to it. These proposed regulations has been a point of increased contention between USCIS and the ACLU and the U.S. Chamber of Commerce-and is currently the subject of lawsuits that have delayed the implementation of this program.

Also in the news...

State Department officials announced that of the 7,000 visas promised to be granted to Iraqis by the Bush Administration only 1,400 have been granted. “Resources are finite and at this point, we’re robbing Peter to pay Paul,” said James Foley, senior coordinator for the department’s Iraqi Refugee Issues office.

Two new Bi-partisan immigration bills will be up for debate in Congress this week. The proposed bills, jointly called the SCAAP Reimbursement Protection Act of 2008, would extend reimbursement to states and localities for incarcerating undocumented immigrants if they have been charged with one felony or two misdemeanors.

Here is a link to the text of the Bill: http://thomas.loc.gov/cgi-bin/query/z?c110:S.2587:

The Associated Press reports the Virginia House passed a bill that prohibits undocumented immigrants from attending public colleges and universities. The bill passed 73-26 and now heads to the Democrat-controlled Senate.

And finally in the "Way to go Colorado!" department we have this:

Colorado’s House will examine a proposed bill that seeks to open an immigration office in Mexico with the intent to bring more seasonal foreign workers to the state. Rep. Marsha Looper, R-Calhan, says farms throughout the state and country are suffering because they can’t get the guest workers needed to harvest labor-intensive crops. Looper argues that the federal H-2A visa program is too slow and produces only about 35,000 employees annually rather than the 700,000 needed nationwide. Here is a link to the text of the bill:

http://www.leg.state.co.us/clics/clics2008a/csl.nsf/fsbillcont/611BF939B7A81E72872573A80065E651?Open&file=1325_01.pdf

Onward & Upward!
ITH

Its Media Day in the Office!

2008-02-28T14:42:00.002-06:00

What an interesting and exciting day its been for us here at Immigration Law Associates! I cam back from lunch to a phone call from a high school senior from St. Louis who was writing a paper on illegal immigration and wanted to ask an "expert" about the topic. We spoke for almost 30 minutes about illegal immigration and what I thought the United States should do.

I was off the phone about fifteen minutes when a reporter from a newspaper in Little Rock (who had called earlier in the day and left a message for me) called back to ask me some questions in regards to H-2B visas, their similarities and differences to H-2A visas...and of course the whole H-2B cap fiasco currently going on.

Arkansas has a good deal of H-2B employers who plant tree saplings, from in-land conifers to hardwood farms closer to the Mississippi. Even though they deal with trees, this type of work is classified as being H-2B (instead of H-2A). This means that these employers have to deal with the H-2B cap. Several of these employers are lobbying the Department of Labor to have the work they do considered H-2A (and therefore not cap restricted) eligible. I think its a creative idea-though H-2A visas have a lot more hoops to jump through-and I wish them luck with it.

I was able to articulate my opinion that in the world of immigration law, H-2B visas are the perpetual bridesmaids to H-1B visas, and the "sexier" niches of asylum & removal/deportation. Why else would a simple, straight-forward bill like the Save our Small and Seasonal Businesses Act of 2007 fail to get passed when it had almost 40 co-sponsors?

Everyone has illegal immigration on the brain, "secure the border" has become a buzzword and political football and legal immigration topics like H-2B visas have been sidelined-at the cost of employers and those who follow the rules by using the H-2B visa program.

When the article the reporter is working on runs I will post a link to it. Its been a couple years since I was last interviewed by the press and I have to say it is very flattering...I may need to decompress the big head I've gotten today with a good, long, motion-writing session!

Onward & Upward!
ITH

From the Candidate’s Websites: My Take

2008-02-26T19:58:00.001-06:00

Looking at the positions of the candidates from their websites shows that there is some common ground between them. All four mention their beliefs that the current immigration system isn’t working and that they have a strong desire to fix it. How they would go about “fixing” it is where the divisions occur.

The only candidate with serious credentials in re immigration policy is Senator McCain of Arizona. The touted “Citizenship Promotion Act” mentioned on Senator Obama’s site was introduced on March 7, 2007, has five co-sponsors, was read twice and referred to the Senate Judicial Committee...and has sat there almost a year.

However, none of the Senators (McCain, Obama or Clinton),who all claim to have “championed” immigration causes in the Senate, have co-sponsored the Save Our Small & Seasonal Businesses Act of 2007-which would actually provide relief for US employers desperately in need of employees this fiscal year. Only Senator McCain has strong legislative proof of going to bat for immigrants.

Senator Clinton mentions that she would “opposes a guest worker program that exploits workers and creates a supply of cheap labor that undermines the wages of U.S. workers.” Who would support one that does that? The current H-2A program does anything but create a supply of cheap labor. An H-2A employer must pay for the transportation into the US (and back home) for his workers. They must provide adequate housing, worker’s compensation insurance, either the facilities for workers to cook their own meals or the meals themselves (from which they can deduct no more then $9.52 a day from pay). They must also pay what is called the Adverse Effect Wage Rate (AEWR). Adverse effect wage rates are the minimum wage rates which the Department of Labor has determined must be offered and paid to U.S. and foreign workers by employers of nonimmigrant foreign agricultural workers (H2-A visa holders). Such employers must pay the higher of the AEWR, the applicable prevailing wage, or the statutory minimum wage as specified in the regulations 20 CFR 655.107. In 2007 the AEWR in Missouri was $9.95. Compare that to the minimum wage...does that sound like cheap labor to you?

More disappointing is the decidedly strident anti-amnesty stance of Mike Huckabee. His website states the Governor will “...take our country back for those who belong here. No open borders, no amnesty, no sanctuary, no false Social Security numbers, no driver's licenses for illegals.” Those who belong here Governor? How does one determine who “belongs” here? Would Governor Huckabee decry the achievements of the recipients of the previous 1986 (and 2001) amnesty? What about the US born children of those recipients?

Governor Huckabee suggests that we are capable of finding, detaining, processing, deporting and preventing from illegally returning the millions of people who are illegally present in the United States. This is a logistic impossibility and to suggest otherwise is to live in fantasy.

Yes they broke the law, yes they should face those consequences...but the last time I checked we let those who were guilty of breaking the law do something called paying their debt to society. That is exactly what we need to do with the illegal immigration problem. It must be stern, but it must be compassionate. It must be severe but it must be flexible and just at the same time because wherever we draw the line we create tragedy. Let me say that again. Wherever we draw the line-we WILL create tragedy. And until we have elected officials who are willing to take the resulting political heat from that we will not “solve” the illegal immigration problem.

Many of the candidates have fallen for the more pessimistic of the two stories being told about immigration. They both are based in fact-though the more pessimistic one is spawned by older data that does not reflect the newer trends in immigration. Even Senator Obama has fallen for this more pessimistic scenario when he posts on his website that “Undocumented population is exploding.” It isn’t. Immigration has been accelerating up until the year 2000, but since the annual numbers have declined in the United States as a whole. Those who frame the anti-immigration debate prop-up the “exploding immigration” story by averaging the years from 1995 to 2006 (and therefore disguising the declining numbers since 2000).

What also fuels the anti-immigration/amnesty crowd is what Dowell Myers calls “the Peter Pan” fallacy in his book, Immigrants and Boomers: Forging a New Social Contract for the Future of America (Russell Sage Foundation, 2007). This fallacy is to assume that immigrants are somehow frozen in time and that, like Peter Pan, they never change in any way, never grow older, never assimilate, and always remain new immigrants their entire lives.

In conclusion, whoever is elected President will have a difficult time addressing immigration-both legal and illegal-in a way that will satisfy a majority of the people. It may require taking a leap of faith and trusting that the future will regard you and your efforts with a better recollection then the peers of your time. It will require hard choices, but I urge all of you to make those choices because the United States needs those choices to be made. Immigration policy undergoes revision approximately ever twenty years, so the strides (or backslides) we make as a nation this next presidency will help the next two decades of the economy. Choose wisely.

Onward & Upward!
ITH

From the Candidate's Websites: Hillary Clinton

2008-02-24T07:57:00.002-06:00

From: http://www.hillaryclinton.com/issues/immigration/

Our immigration system is in crisis. The laws we currently have on the books are inadequate and no longer serve our best interests. As a nation, we place a premium on compassion, respect, and policies that help families, but our immigration laws don't reflect that.

Hillary has consistently called for comprehensive immigration reform that respects our immigrant heritage and honors the rule of law. She believes comprehensive reform must have as essential ingredients a strengthening of our borders, greater cross-cooperation with our neighbors, strict but fair enforcement of our laws, federal assistance to our state and local governments, strict penalties for those who exploit undocumented workers, and a path to earned legal status for those who are here, working hard, paying taxes, respecting the law, and willing to meet a high bar.

Hillary strongly believes we need to do more to know who is in our country by securing our borders and ensuring that employers comply with the law against hiring and exploiting undocumented workers. She supports deploying new technology that can help stop the flow of undocumented immigrants into the country and an employer verification system that is universal, accurate, timely, and does not lead to discrimination and abuse by employers.

Along with these changes, Hillary believes we need to repair those broken portions of our immigration system that irrevocably damage families and force citizens and lawful immigrants to choose between their newly adopted country and living with their spouse or children. We have a national interest in fostering strong families. This is why she introduced an amendment during consideration of the immigration reform bill that would have taken steps to protect the sanctity of families. Our American values demand no less.

And Hillary understands that our immigration policies have a direct impact on American workers. She opposes a guest worker program that exploits workers and creates a supply of cheap labor that undermines the wages of U.S. workers. Hillary believes all workers deserve safe conditions and decent wages. She supports an Ag Jobs program, which will keep our agricultural industry vibrant while enabling agricultural workers to receive the fair wages and labor protections they ought to receive.

When Hillary is president, comprehensive immigration reform will be a top priority.

Hillary has advocated for policies to help smooth the transition of legal immigrants once they arrive in the U.S. so that they can add to our economy and culture.

She championed the Legal Immigrant Children's Health Improvement Act, which would give states the option to provide federally funded Medicaid and SCHIP benefits to low-income legal immigrant children and pregnant women.
She wrote the Access to Employment and English Acquisition Act to meet the growing demand for English language courses and other job skills.
She strongly supports the DREAM Act, which provides a path to citizenship through military service or higher education for children who were brought to the U.S. by their parents.
She offered an amendment to make family reunification the guiding principle of our immigration system.

So there we have it, the immigration policy ideas of the four major candidates for President of the United States. Look for some analysis (some of it critical) of these offerings later in the week.

Onward & Upward!
ITH

From the Candidates Websites: Barack Obama

2008-02-22T09:17:00.002-06:00

From: http://www.barackobama.com/issues/immigration/

“The time to fix our broken immigration system is now… We need stronger enforcement on the border and at the workplace… But for reform to work, we also must respond to what pulls people to America… Where we can reunite families, we should. Where we can bring in more foreign-born workers with the skills our economy needs, we should”

— Barack Obama, Statement on U.S. Senate Floor, May 23, 2007
The Problem

Undocumented population is exploding: The number of undocumented immigrants in the country has increased more than 40 percent since 2000. Every year, more than a half-million people come illegally or illegally overstay their visas.

Immigration bureaucracy is broken: The immigration bureaucracy is broken and overwhelmed, forcing legal immigrants to wait years for applications.

Immigration raids are ineffective: Despite a sevenfold increase in recent years, immigration raids only netted 3,600 arrests in 2006 and have placed all the burdens of a broken system onto immigrant families.
Barack Obama's Plan

Create Secure Borders

Obama wants to preserve the integrity of our borders. He supports additional personnel, infrastructure and technology on the border and at our ports of entry.

Improve Our Immigration System

Obama believes we must fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together and meet the demand for jobs that employers cannot fill.

Remove Incentives to Enter Illegally

Obama will remove incentives to enter the country illegally by cracking down on employers who hire undocumented immigrants.

Bring People Out of the Shadows

Obama supports a system that allows undocumented immigrants who are in good standing to pay a fine, learn English, and go to the back of the line for the opportunity to become citizens.

Work with Mexico

Obama believes we need to do more to promote economic development in Mexico to decrease illegal immigration.
Barack Obama's Record

Crack Down on Employers: Obama championed a proposal to create a system so employers can verify that their employees are legally eligible to work in the U.S.
Fix the Bureaucracy: Obama joined Rep. Luis Gutierrez (D-IL) to introduce the Citizenship Promotion Act to ensure that immigration application fees are both reasonable and fair. Obama also introduced legislation that passed the Senate to improve the speed and accuracy of FBI background checks.
Respect Families: Obama introduced amendments to put greater emphasis on keeping immigrant families together.
Tomorrow we'll post the last of the main candidate's position from their website, Senator Hillary Clinton. Then I'll do some analysis on all of them on Monday the 25th.

Here is a link to the House version (introduced by Rep. Luis Gutierrez) of the Citizenship Promotion Act (H.R. 1379):

http://thomas.loc.gov/cgi-bin/bdquery/z?d110:h1379:

Here is a link to the Senate version (introduced by Senator Obama) of the Citizenship Promotion Act (S. 795):

http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN00795:

Onward & Upward!
ITH

From the Candidates Websites: Mike Huckabee

2008-02-21T10:19:00.002-06:00

Although his chances of receiving the nomination are non-existant...let's look at his immigration position from his website: http://www.mikehuckabee.com/?FuseAction=Issues.View&Issue_id=4

Governor Huckabee believes:

Securing our borders must be our top priority and has reached the level of a national emergency.
I support the $3 billion the Senate has voted for border security. This money will train and deploy 23,000 more agents, add four drone planes, build 700 miles of fence and 300 miles of vehicle barriers, and put up 105 radar and camera towers. This money will turn "catch and release" into "catch and detain" of those entering illegally, and crack down on those who overstay their visas.
In this age of terror, immigration is not only an economic issue, but also a national security issue. Those caught trying to enter illegally must be detained, processed, and deported. As Governor, I ordered my state troopers to work with the Department of Homeland Security to arrest illegals and enforce federal immigration law.
I oppose and will never allow amnesty. I opposed the amnesty President Bush and Senator McCain tried to ram through Congress this summer, and opposed the misnamed DREAM Act, which would have put us on the slippery slope to amnesty for all.
I oppose and will not tolerate sanctuaries for illegals. The federal government must crack down on rogue cities that willfully undermine our economy and national security.
I oppose giving driver's licenses to illegals and supports legislation to prevent states from doing so. In 2005, I signed legislation that prevents illegals in Arkansas from getting driver's licenses.
I will stop punishing cities which try to enforce our laws and protect the economic well-being, physical safety, and quality of life of their citizens.
I oppose and will not tolerate employers who hire illegals. They must be punished with fines and penalties so large that they will see it is not worth the risk.
I oppose the economic integration of North America that would create open borders among the United States, Canada, and Mexico. I will never yield one iota or one inch of our sovereignty.
I will take our country back for those who belong here. No open borders, no amnesty, no sanctuary, no false Social Security numbers, no driver's licenses for illegals

Tomorrow, the Democratic front-runner (and one of my Senators), Barack Obama.

Onward & Upward!
Ith

From the Candidate's Websites: John McCain

2008-02-20T09:10:00.003-06:00

The House & Senate are in recess. Legislative business will resume on Monday, February 25.

With the US Presidential race at the forefront of news I thought I would share with you, from each of the major candidate's websites, their views on Immigration. I flipped a coin and the GOP won, so we'll begin with John McCain, from his website: http://www.johnmccain.com/Informing/Issues/68db8157-d301-4e22-baf7-a70dd8416efa.htm?s=google&t=immigration

Border Security & Immigration Reform:

Immigration is one of those challenging issues that touch on many aspects of American life.

I have always believed that our border must be secure and that the federal government has utterly failed in its responsibility to ensure that it is secure. If we have learned anything from the recent immigration debate, it is that Americans have little trust that their government will honor a pledge to do the things necessary to make the border secure.

As president, I will secure the border. I will restore the trust Americans should have in the basic competency of their government. A secure border is an essential element of our national security. Tight border security includes not just the entry and exit of people, but also the effective screening of cargo at our ports and other points of entry.

But a secure border will contribute to addressing our immigration problem most effectively if we also:

Recognize the importance of building strong allies in Mexico and Latin America who reject the siren call of authoritarians like Hugo Chavez, support freedom and democracy, and seek strong domestic economies with abundant economic opportunities for their citizens.
Recognize the importance of pro-growth policies -- keeping government spending in check, holding down taxes, and cutting unnecessary regulatory burdens -- so American businesses can hire and pay the best.
Recognize the importance of a flexible labor market to keep employers in business and our economy on top. It should provide skilled Americans and immigrants with opportunity. Our education system should ensure skills for our younger workers, and our retraining and assistance programs for displaced workers must be modernized so they can pursue those opportunities
Recognize the importance of assimilation of our immigrant population, which includes learning English, American history and civics, and respecting the values of a democratic society.
Recognize that America will always be that "shining city upon a hill," a beacon of hope and opportunity for those seeking a better life built on hard work and optimism.

Border security and our failed immigration system are more examples of an ailing Washington culture in need of reform to regain the trust of Americans. In too many areas -- from immigration and pork barrel spending to Social Security, health care, energy security and tax relief -- business-as-usual politics prevents addressing the important challenges facing our nation.

Next up: Mike Huckabee

Onward & Upward
ITH

USCIS: Backlog in Naturalization Applications Will Take Nearly Three Years to Clear

2008-02-19T11:12:00.002-06:00

In the rule of unintended consequences department...

By Muzaffar Chishti and Claire Bergeron
Migration Policy Institute

February 15, 2008

It will take almost three years for United States Citizenship and Immigration Services (USCIS) to clear the naturalization backlog due to a surge in applications last summer, agency officials say.

According to previously unpublished figures that USCIS has given the Migration Policy Institite, during May, June, and July 2007, the agency received 737,223 applications — three-and-a-half times the number of applications (207,536) received during the same period a year earlier. As of October 2007, USCIS had almost 1 million naturalization applications pending approval.

The surge caused the processing time to more than double — now standing at 16 to 18 months for applications filed during the summer of 2007, compared to the six-to-seven-month timeframe for applications filed in 2006.

The increase coincided with the agency's January 2007 announcement of a rise in the fee for adult naturalization (N-400) applications from $330 to $595 beginning July 30, 2007.

Officials attribute the application increase to several other factors as well, including citizenship campaigns launched across the country, the charged political climate of the immigration debate, and the 2008 presidential elections.

In response to the "summer surge" in naturalization applications, USCIS expanded work hours for its employees, detailed 84 staff members to its application processing centers, and hired additional contract staff. The agency also plans to hire 1,800 additional employees, including retired USCIS workers, to help cope with the increased workload.

USCIS Director Emilio Gonzalez has stated that he hopes these efforts will reduce processing times to presurge levels by April 2010.

Applicants, several members of Congress, and immigrant advocacy groups have raised concerns over these delays. Among the concerns are that the backlog will prevent recent applicants from naturalizing in time to vote in the November 2008 presidential elections. Immigrant advocates have stated that USCIS should have anticipated the surge, given that the factors could have been predicted.

Members of Congress have also pointed out that when USCIS first proposed the fee increase, the agency promised this action would result in decreased processing times.

In testimony before Congress, and in the USCIS press release announcing the fee schedule, USCIS officials stated that the fee increase would cut average processing times for naturalization applications by 20 percent by the end of FY 2009.

To read the nine page .pdf "Immigration Fees in Context" fact sheet from MPI:

http://www.migrationpolicy.org/pubs/FS15_CitizenshipFees2007.pdf

The Migration Policy Institute (MPI) is an independent, non-partisan, non-profit think-tank dedicated to the study of the movement of people world-wide. The institute provides analysis, development, and evaluation of migration & refugee policies at the local, national, and international levels. www.migrationinformation.org

Onward & Upward!
Ith

AILA Urges DHS to Ensure Due Process During Raids

2008-02-19T01:28:00.002-06:00

www.aila.org
Thursday, February 14, 2008
By George Tzamaras

WASHINGTON, DC - The American Immigration Lawyers Association (AILA) applauds the House Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law for its oversight hearing yesterday regarding the Department of Homeland Security's (DHS) interrogation, detention and removal practices.

"Testimony from two U.S. citizens and several advocates about allegations of misconduct, including warrantless raids, unlawful detentions, and erroneous deportations, raises deep concerns," said AILA President, Kathleen Campbell Walker. A teenage girl, Marie Justeen Mancha, testified that agents entered her house and questioned her without a warrant even though no one in her family was suspected of any crime or immigration violation. Several witnesses highlighted serious due process violations, including mistaken imprisonment and deportation of U.S. citizens, the mentally ill, and other vulnerable individuals.

While AILA commends the Department of Homeland Security for implementing a series of reforms including guidance regarding humane treatment of sole caretakers, nursing mothers and other vulnerable individuals encountered during raids, AILA urges the agency to cooperate with Congress in implementing reforms that will ensure detainees and individuals encountered during raids are treated humanely.

"Our government should ensure that the tenets of due process that underpin American society are respected," stated Ms. Walker. "The House Immigration Subcommittee's hearing yesterday showcases the serious errors and rights violations that can occur because of the inadequate due process protections in our immigration system. It is in the highest national interest that we transform our immigration system into one that upholds due process, promotes law and order, and confronts the human and economic reality of millions of undocumented workers in America."

AILA urges Congress to strengthen due process protections in our immigration laws in order to prevent violations like the ones highlighted in yesterday's hearing. In the interim, AILA calls on DHS to ensure that the rights of immigrant workers are protected, and that appropriate attention is paid to the safety and welfare of immigrant children and their families.

###

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. For more information call George Tzamaras at 202-216-2410 or Annie Wilson at 202-216-2435

"AILA InfoNet Doc. No. 08021560 (posted Feb. 15, 2008)"

Onward & Upward folks! Keep those phones ringing and those letters to Congress coming!
Ith

The Legal Arizona Workers Act Upheld in U.S. District Court

2008-02-16T14:26:00.003-06:00

US District Court Judge Neil Wake once again upheld an Arizona law that revokes employers' business licenses if they are found to have "knowingly" or "intentionally" hired unauthorized immigrants. The law also requires Arizona employers to use the federal E-verify program to determine the work eligibility of all employees hired after January 1, 2008. Judge Wake rejected the arguments brought forth by a coalition of business and Latino groups. In his ruling, Judge Wake determined that federal law does not preempt states from taking away the business licenses of employers of unauthorized immigrants, nor does the law deny employers due process. The Legal Arizona Workers Act (A.R.S. sec. 23-211 to 23-214) went into effect on January 1, 2008, although Arizona county attorneys had stated their intent not to enforce the law pending the judge's decision.

For the text of the law: http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/48leg/1r/laws/0279.htm

To read Judge Wake's decision: http://www.azd.uscourts.gov/azd/courtinfo.nsf/DAA068B5E8B3B328072573E90000B67A/
$file/07-2496-175.pdf?openelement

This law has already had a major impact in Arizona (and several other state legislatures are considering similar measures). In the New York Times on February 12th, 2008, Randal C. Archibald wrote an article suggesting that the Legal Arizona Worker's Act has led to "self-deporation" of Mexican nationals back across the border. In a quote from the article:

"Carlos Flores Vizcarra, the Mexican consul general in Phoenix, said while he could not tie the phenomenon to a single factor, the consulate had experienced an “unusual” five-fold increase in parents applying for Mexican birth certificates for their children and other documents that often are a prelude to moving."

For the full article: http://www.nytimes.com/2008/02/12/us/12arizona.html?ei=5065&en=cd3ecd737dba9137
&ex=1203483600&adxnnl=1&partner=MYWAY&pagewanted=print&adxnnlx=1203193808-y
LDzDuFX1w9P2V+l8p9+sQ

And this is not just happening in Arizona and other border states. US District Court Judge E. Richard Webber upheld a controversial law enacted by the City of Valley Park, Missouri, which gives the city the ability to suspend an employer's business license if it finds that the employer hired an unauthorized worker. The law states that employers would not be penalized if they had previously verified the employment status of the unauthorized employee through the federal E-Verify program.

This "legislating dis-incentives" to illegal immigration is going to spread to other states. If we truly want to address this problem we MUST have a system in place that is fair and accessible to replace the labor lost by these laws. We MUST have improvement and expansion of the H-2B and other work visa programs.

Onward & Upward!
ITH

While we're waiting...USCIS Proposes Changes to H-2A Process

2008-02-15T10:40:00.000-06:00

I thought while we were waiting for Congress to come to their senses and assist the H-2B visa employers and employees I would post some things pertaining to immigration in general.

On February 13th, USCIS proposed rules to streamline the H-2A visa process. For those of you not familiar with the H-2A visa let me give a quick primer:

The H-2A temporary agricultural visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. to perform agricultural labor or services of a temporary or seasonal nature. 'Temporary or seasonal nature' means employment performed at certain seasons of the year, usually in relation to the production and/or harvesting of a crop, or for a limited time period of less than one year when an employer can show that the need for the foreign workers is truly temporary. So it is similar to the H-2B in regards to its temporary, non-immigrant nature. The H-2A visa does have a much stricter set of rules by which an employer must follow, including housing for workers and providing or reimbursing travel expenses for their workers.

The highlights of the proposed changes:

1. Portability: The new rule would allow H-2A workers to switch employers (as long as the employer was a registered user of USCIS' E-verify system). The employee would even be able to work for the new employer while the petition to change employers paperwork was pending (up to 120 days).

2. Land Border Exit System Pilot: This proposes that H-2A (and an idea to extend this to cover H-2B visa holders as well) who are admitted through a port of entry participating in the pilot system ALSO depart the USA through a port of entry participating in the pilot system at the conclusion of their authorized stay.

3. Labor Certifications: Up to now, you could still apply to USCIS with a denied labor certification from DOL. You would send "countervailing evidence" and then USCIS could evaluate your case and possibly approve your visa petition. The proposed rule would end this and require H-2A petitions to be accompanied by an approved labor certification.

4. Beneficiaries: The proposed rule would allow petitions for H-2A to not have named beneficiaries for those workers outside the USA. Workers currently in the USA would still have to be named. The proposed rule would also allow all workers to be on one petition, regardless of their port of entry.

5. Fees: USCIS’ proposed rule seeks to end job placement fees that recruiters and US employers use to have potential employees pay for placement by providing for the denial or revocation of any H-2A petition if it determines that 1) an alien beneficiary has paid or agreed to pay any such fee or other form of compensation, whether directly or indirectly, to the petitioner, or 2) that the petitioning employer is aware that the alien beneficiary has paid or agreed to pay a fee to any facilitator, recruiter or similar employment service, in connection with obtaining H-2A employment. In addition there would be three more attestations involving job placement fees.

6. Notifications: H-2A regulations require employers to notify USCIS when an employee does not report for work or absconds after entering the country. The proposed rule streamlines and makes the notification requirements much easier. The proposed notification requirements would include the following situations: 1) where an H-2A worker fails to report to work within five days of the employment start date; 2) the employment terminates more than five days early; or 3) the H-2A worker absconds from the worksite. The new regulations will also define the term "abscond."

However, the proposed rule will SIGNIFICANTLY increase the penalty for failing to meet the new notification requirements from $10 to $500 per instance "because the $10 amount is not a sufficient deterrent against noncompliance."

7. Expiration and Interruption: Presently, H-2A employees enjoy a 10-day grace period of lawful admission following the expiration of their visas. The proposed rule would extend that grace period to an absolute 30 days.

In addition, H-2A employees may work in the US for a maximum of three years, at which time they must depart the country for a minimum of six months before they may reenter on another H-2A petition. The proposed rule would half that to three months. The proposed rule also clarifies what amounts to an "interruption" of that three year stay. The proposed rule would also half the minimum period spent outside the US that would be considered interruptive of the three year accumulation from 90 days to 45 days, where the worker has spent less than 18 months in the US. If the worker has spent more than 18 months in the US , the proposed rule would reduce the interruptive period from 90 days to 60 days.

The proposed rules are open for comment until March 31st. The USCIS press release can be found here: http://www.aila.org/content/default.aspx?docid=24637

H-2B Employers...So You Know You Aren't Alone Out There.

2008-02-14T09:09:00.003-06:00

I wanted to share a news release with you from the National Restaurant Association (www.restaurant.org) :

National Restaurant Association Pushes for Reform as H-2B Visa Cap is Reached Early
H-2B temporary visas provide needed labor source to seasonal businesses
January 07, 2008

(Washington, DC) – The National Restaurant Association today reacted to the announcement from U.S. Citizenship and Immigration Services (USCIS) that the H-2B temporary visa cap of 33,000 has been reached for the second half of fiscal year 2008.

"By hitting the cap so quickly, many employers will be prohibited from applying for needed seasonal workers," said John Gay, senior vice president of government affairs and public policy for the Association. "It is disappointing that Congress has yet to pass an extension of the H-2B returning worker exemption. The congressionally mandated 66,000 annual cap on the number of workers allowed to participate in the program that was established in 1990 does not reflect current economic realities or meet the needs of the seasonal businesses that rely on these workers."

The exemption, which expired Sept. 30, 2007, allows an H-2B visa employee who has worked in the U.S. during any one of the previous three years to return on an H-2B visa without counting against the annual visa cap. Approximately 50,000 H-2B workers were returning workers last year. Without an extension of the returning worker exemption, seasonal employers will not be able to hire H-2B visa workers until the beginning of the beginning of the next fiscal year on October 1, 2008.

"The effort to extend the H-2B returning worker exemption has broad support in both chambers but is unfortunately being held up for political purposes," said Gay. "This vital program should not be a political pawn. Congress must move past gridlock and provide seasonal workers to the employers that desperately need them."

The National Restaurant Association is a co-chair of the H-2B Workforce Coalition, and has been actively involved in the effort to make the H-2B returning worker exemption permanent; or at the very least provide an extension of the provision.

Senators Barbara Mikulski (D-MD) and John Warner (R-VA) have introduced S. 988, bipartisan legislation to provide a 5 year extension of the Save Our Small and Seasonal Businesses Act. Representatives Bart Stupak (D-MI), Marilyn Musgrave (R-CO) and Wayne Gilchrest (R-MD) have introduced H.R. 1843 in the House that would make the exemption permanent. The National Restaurant Association supports both bills.

Keep on Keeping on (if you can)

2008-02-12T09:47:00.000-06:00

Well its been a 2008 filled with disappointment for H-2B employers and employees, so I hope that everything else is working out for this year. Immigration seems to be the issue that people talk about, but don't seem to vote about. We've seen in exit polling at this year's primaries placing it as low as 4th-5th as the issues voters care about.

With three members of the US Senate-one of which who has proposed sweeping immigration reforms-campaigning (and missing A LOT of votes on the Senate floor) right now H-2B relief seems doomed to be overshadowed...but lets not give up hope.

It was dark like this when in 2005 relief was passed and so I keep hope with our Federal legislature.

My recommendation is to keep preparing as if the bill is being passed to help. If you are wondering whether to run that ad for the SWA, I think you need to ask how much the ad will cost versus how many workers you are going to need. You may even get lucky and find some willing and able local employees.

Another suggestion is to contact those businesses you know who DID make it under the cap and see if they will be needing all of their visas. If they have a couple of extra visas worked in as a cushion they may be willing to contract them to you. IT IS CRUCIAL if you do this that you actually CONTRACT them. They must be paid by the visa employer who is on the labor cert. you contract the workers, pay the company you contracted them from and the workers are on THAT company's payroll, worker's comp., etc. To do otherwise would be to violate immigration law and get you in trouble.

There WILL be some light at the end of the tunnel folks...hopefully it ISN'T a train!

Onward & Upward!
Ith

What To Do Now That the Cap is Reached? Part II

2008-01-18T11:12:00.000-06:00

With the cap reached and no immediate relief in sight, here is another option that may be available to you...

If you are an H-2B employer with an approved labor certification you may be able to find workers amongst those who are already in the United States on H-2B status and switch them to an H-2B with your company!

Since they are already in the United States there is no Embassy/Consulate work to deal with, and they have already counted against the cap-so switching them to H-2B status on YOUR labor certification will not run into cap problems.

If you are an H-2B holder currently in the United States on an H-2B AND your H-2B has not expired yet, then you could be able to continue your stay in the United States in H-2B status by finding an employer with an approved labor certification willing to hire you.

Onward & Upward!
ITH

What To Do Now That the Cap is Reached?

2008-01-15T18:27:00.001-06:00

I feel like it is 2005 again and I can hear a collective groan from a great number of H-2B vital industries who had their hopes of a relatively hassle-free summer tourist season dashed last week when the USCIS announced that the H-2B visa cap had been reached for the second half of fiscal year 2008.

So, if you are one of those businesses who find your self still in the labor certification process OR with a newly-returned Form I-129 sitting on your desk...what can you do?

1. Complain. Yep, talk your Congressional representatives ears off. This was the way that the Save our Small & Seasonal Businesses Act of 2005 got passed that quasi-rescued THAT season. If Congress doesn't know the damage (and know that they will be held accountable for their inaction) then they will not act.

2. Keep going. If you are in the labor cert process, FINISH it and get that labor cert. Yes, it may mean spending some money on advertising that at first looks like money being wasted. If Congress acts and passes a similar measure to the SOS&SBA of 2005 you will want to be ready, with an approved labor certification in hand, so you can take advantage of the relief measure. And even if there isn't relief for this year, having an approved labor cert from the previous year can be included as evidence of seasonality for an H-2B visa.

3. Start EARLIER for Fiscal Year 2009. This is the one area where ALL H-2B employers are equal. No one can start their process any earlier then 120 days from October 1st for the 1st half of the fiscal year or April 1st for the 2nd half of the fiscal year. Having all your paperwork ready to go on exactly the earliest day you can submit will become an absolute necessity unless relief is passed, and VERY, VERY, VERY recommended even if relief is passed.

So for those with an October 1st date of need...you need to have your immigration law professional have your labor certification paperwork AT the State Workforce Agency (SWA) ON JUNE 3, 2008. For those of you with an April 1st date of need...you need to have your labor cert. paperwork AT the SWA ON DECEMBER 3, 2009 (2009 is a leap year).

Onwards & Upwards,
ITH

USCIS REACHES H-2B CAP FOR SECOND HALF OF FISCAL YEAR 2008

2008-01-11T14:59:00.000-06:00

STILL No Justice for H-2B Employers in Need!

2007-12-18T19:52:00.000-06:00

Immigration Amendments NOT Included In Omnibus Spending Bill

This week the House and Senate will attempt to pass an omnibus spending bill (H.R. 2764) before the congressional recess later this month. Sources report that two immigration amendments originally included in the Commerce-Justice-Science spending bill (H.R. 3093) will not be included in the omnibus measure.

The first is an amendment which contains language that would bar the Equal Employment Opportunity Commission (EEOC) from taking legal action against organizations with English-only work rules. The second is an amendment, originally offered by Senator Mikulski (S.AMDT. 3311), that would extend the "returning worker exemption" in the H-2B program for fiscal year 2008.

Yeah, that's right...Congress has dropped the ball AGAIN and is in effect telling you the H-2B employer and all those interested in legally coming to work in the United States don't mean squat to them. Contact your Congressional representatives and let them know how you feel!

Onward & Upward!
ITH

Congress Continues to Concentrate on OTHER Issues

2007-12-12T08:28:00.000-06:00

Congress continues to ignore the looming H-2B Visa crisis in favor of re-entering the enforcement debate (instead of just agreeing to enforcing the laws already on the books).

A new bill, the Secure America with Immigration and Enforcement, the "SAVE Act" (H.R. 4088), was introduced in November 2007 by Reps. Heath Shuler (D-NC) and Brian Bilbray (R-CA). A companion bill (S. 2368) has been introduced in the Senate by Sens. Mark Pryor (D-AR) and Mary Landrieu (D-LA). SAVE is steadily gaining momementum in both chambers and the official list of House and Senate co-sponsors has already grown to 113 and 2 respectively. The bill's sponsors are committed to generating more support before the new year.

The "SAVE Act" is an immigration enforcement-only package that, most notably, would dramatically expand the Basic Pilot electronic employment verification system. The Basic Pilot system is currently used by only 30,000 employers, but would expand to cover over 6 million employers in just four years - roughly a 20,000 percent increase. Beyond that, the bill seeks to increase the Border Patrol and spend more resources on the southern border, codify recently withdrawn DHS regulations related to the Social Security Administration "no match" letters, expand local police responsibilities to include immigration enforcement, and a number of other enforcement measures. Absent from the bill are any provisions that would address the more than 12 million people in the US without status.

Onward & Upward!
ITH

Congress NOT in Session...

2007-11-28T12:29:00.000-06:00

The House and Senate are in recess until next Tuesday, December 4.

The Senate will convene for pro forma sessions every few days during the two-week Thanksgiving break, instead of a typical recess. No legislative business is expected but the pro forma sessions are intended to block President Bush from making recess appointments.

Onward & upward

ITH

Save Our Small & Seasonal Business Act of 2007 Update

2007-11-08T12:19:00.000-06:00

H-2B Disaster Still Unresolved

It has been one month since H-2B Disaster Day struck, and Congress still has not resolved the crisis. Meanwhile, the clock is ticking on our very survival.

Congress, through its failure to act, has refused to re-enact the H-2B Returning Worker Exemption. Despite our best efforts, and the near unanimous understanding on Capitol Hill of the importance of the H-2B program to America, everything remains stalemated.

We now have two separate efforts on Capitol Hill regarding H-2Bs:

1. Mikulski/Stupak bill: Permanent H-2B Returning Worker Exemption in the House (Stupak bill); 5 year H-2B Returning Worker Exemption in the Senate (Mikulski bill).
Where is the Mikulski/Stupak Bill?: The Bill is currently getting additional co-sponsors. The Bills are still officially in the Senate and House Judiciary Committees. We have 98 co-sponsors in the House and 35 in the Senate. WE NEED 100 House Co-Sponsors and 40 Senate Co-Sponsors. We are sooooooo close! Please help us get across the finish line.
2. One Year Emergency Fix: Contained as part of an appropriations bill (the Commerce, Justice and Science Appropriations bill, otherwise known as "CJS") passed by the Senate, the Mikulski Amendment would extend the Returning Worker Exemption for one year (until September 30, 2008).
Where is the Mikulski Amendment to CJS? The Bill is currently in the House-Senate Conference Committee. The Senate has done its job-now the House must do its part! We need you to encourage your Member of Congress to speak directly with Speaker of House Nancy Pelosi, Democratic Majority Leader Steny Hoyer and Republican Minority Leader John Boehner. Your Representatives need to deliver the simple message: America needs the H-2B program. Their Districts need the H-2B program. Congress must pass the extension of the H-2B returning worker exemption emergency fix (the Mikulski Amendment).

Onward & Upward!
ITH
*thanks to www.savesmallbusiness.org for the update*

An Instant Message Answered.

2007-11-01T12:39:00.000-05:00

This morning at the office I received an instant message from an H-2B Visa holder named Daniel. He had seen the blog and added me on MSN Instant Messenger. He had a couple of questions that I thought would be good to discuss here.

Q: My H-2B visa is ending soon, can I stay in the country as a tourist?

A: Yes. I can file application with USCIS to change your status from H-2B to B-2 tourist. You can ask for a six-month period. There are some caveats though. You need to apply BEFORE your H-2B status expires. If you don't apply before your H-2B status expires then you are out of status and can therefore not apply to change it. You'll also need to be aware that if USCIS says no you will need to make arrangements to leave the USA as soon as you can in order to prevent the accumulation of illegal presence.

Q: What if I am having trouble with my current H-2B visa employer? Can I switch employers?

A: The short answer is yes, but there are permutations of this that really depend on a case-by-case basis. Those who are here on H-2R visas (using the previously sunsetted "Save our Small & Seasonal Businesses Act of 2005) are unfortunately unable to utilize this because there is currently no H-2R legislation in place.

The questions you as an employer should ask of an H-2B visa holder who approaches you about working for them are:

1. Is my business H-2B eligible? Do I have one of the appropriate seasonal needs?
2. Do I have a Labor Certification from the USDOL (if not, you will have to go through the Labor Certification process).
3. What does my Labor Cert. say?
4. Do I have any spaces still available on my Labor Cert?
5. Can I prove any and all available spaces?
6. Did I file an I-129 Petition with USCIS? How many positions did I get approved for?

The answers to all these questions will allow me, as an H-2B visa professional, to decided what options, if any, exist for you and for the H-2B visa holder who wants to work for you.

Still no word on the looming H-2B crisis...keep your heads up and write those Congressional representatives and Senators!

Onward & Upward!

ITH

Save Our Small and Seasonal Businesses Act of 2007 Update!

2007-10-24T10:04:00.001-05:00

Being overshadowed by the debacle over the DREAM Act (which heads to a key cloture vote today), there is only a smidge of progress to report in re the "Save our Small & Seasonal Businesses Act of 2007."

Senator Mikulski (D-Md) introduced an amendment (S.AMDT. 3311) to the Commerce-Justice-Science spending bill (H.R. 3093) which would extend the "returning worker exemption" in the H-2B program for fiscal year 2008. The amendment passed the Senate by unanimous consent on October 16, 2007, and now proceeds to a conference committee. President Bush, meanwhile, has announced his intention to veto the bill as it currently stands.

This is the problem with most immigration matters...the only way the bills get moving is by being attached to other pieces of legislation that are flawed and wind up getting vetoed.

So hang in there. But remember that now is the time to get your H-2B process going. The visas are available April 1, 2008-but the EARLIEST you can apply for them is December 1, 2007. If the Save our Small & Seasonal Businesses Act of 2007 ISN'T passed then it will be even more crucial that you hit your deadlines!

Onward & Upward!

ITH

Still No H-2B Relief...

2007-10-10T09:53:00.000-05:00

While the House deals with other things and the Senate is in recess until 10/15/2007 H-2B employers are wondering about their summer seasons and whether the ghosts of FY 2004 & 2005 are returning.

We here a lot of rhetoric about "cracking down" on illegal immigration, and yet Congress decides to ignore renewing legislation that helps prevent it.

The H-2B visa provides a perfect way for the business needing employees AND the foreign worker wanting to come to the United States to accomplish both their goals. The employer gets LEGAL, willing workers and the foreign worker gets a job, a valid social security number, and most importantly-the sense of safety knowing they are here in the United States legally and that they don't have to live in the shadows. Several H-2B employers I have worked will sponsor workers they have had as H-2B visas for permanent residence status when a permanent position with the employer becomes available.

There is your path to Citizenship that everyone in Congress has been making much ado about! And its earned, not given! It requires both employer and employee to play by the rules. If only Congress would open their eyes and stop trying to play games with us...

The bottom line with the immigration "problem" is that wherever you draw the line it will create tragedy. Right now there are not enough people with a higher mandate than the ballot box to take the heat that drawing that line will bring. Until we have politicians who are willing to act, though it may cost them their re-election bid, we will continue to have the chaos and debacle that our current immigration system creates.

Onward & Upward!
ITH

USCIS REACHES H-2B CAP FOR FIRST HALF OF FY20

2007-10-02T09:30:00.001-05:00

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced today that it
has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first half of Fiscal Year 2008 (FY2008). USCIS is hereby notifying the public that September 27, 2007 is the “final receipt date” for new H-2B worker petitions requesting employment start dates prior to April 1, 2008. The “final receipt date” is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the first six months of FY2008.

Under previous law (which was allowed to sunset), a “returning worker” who was counted toward the H-2B numerical limit during FY2004, FY2005 or FY2006, was exempt from being counted against the FY2007 H-2B cap. As of today, Congress has not reauthorized or extended the “returning worker” provisions for FY2008. Absent such reauthorization or extension, USCIS must count all petitions requesting H-2B workers for new employment with an employment start date of October 1, 2007 or later toward the FY2008 H-2B cap.

USCIS will apply a computer-generated random selection process to all petitions which are
subject to the cap and were received on September 27, 2007. USCIS will use this process to
select the number of petitions needed to meet the cap. USCIS will reject, and return the fee, for
all cap-subject petitions not randomly selected. USCIS will also reject petitions for new H-2B
workers seeking employment start dates prior to April 1, 2008 that are received after September 27, 2007. Petitions for workers who are currently in H-2B status do not count towards the congressionally mandated bi-annual H-2B cap. USCIS will continue to process petitions filed to:

• Extend the stay of a current H-2B worker in the United States;
• Change the terms of employment for current H-2B workers and extend their stay; or
• Allow current H-2B workers to change or add employers and extend their stay.

Well, we knew this was coming...

So, what does this mean?

It means that of the 66,000 visas available on 10/01/2007, HALF of them are already gone! It also means that the other half WILL be gone in early January...AND those who aren't "randomly selected" from this first batch will re-apply so they can get at least half of their season covered.

It also means that those businesses that legitimately start in April (traditionally construction, etc) will be hard-pressed to get everything lined up and ready to submit on the exact earliest date possible (120 days before the date of need) to begin their process. And even if a company hits all the nails on the head they could still be out-of-luck if the computer doesn't "randomly" choose them.

Even worse off is the summer resort season, whose beginning dates of need aren't until May, etc. Unless the Save our Small and Seasonal Businesses Act is passed they will not be able to get H-2B workers.

As always, if you have any questions about the H-2B Visa program (or any other immigration concern), feel free to contact me at my office via phone, fax, or email.

Onward & Upward,
ITH

Save Our Small and Seasonal Businesses Act of 2007!

2007-09-26T11:49:00.000-05:00

We spend so much time worrying about illegal immigration that we neglect those hard working immigrants who follow the rules and those H-2B visa employers who depend on their labor to help them through the seasons

We are coming to a VERY important date for ALL H-2B visa employers: September 30th. On September 30th the provision that allowed H-2B visa recipients who had come to the USA on a previous H-2B visa to NOT COUNT against the numerical cap limiting the number of H-2B visas available to 66,000 is sunsetting. This could prove as disastrous as it did a few years ago when the cap was reached a few months into the visa availability and businesses whose seasonal needs started in March & April were left with having to find an alternate means of finding workers to replace the H-2B visas they weren't going to be getting. I remember the frantic calls from clients (and the newspapers) worried about what could be done. Thankfully my office had foreseen the crisis and had strategy in place so that our clients were fine. However, there were several other H-2B visa practitioners and H-2B employers who were not so lucky.

The Save our Small and Seasonal Business Act of 2007 (S. 988), introduced by Senator Mikulski (D-MD) on 3/26/07. This bill would extend the exemption of returning workers from the numerical limitations for H-2B temporary workers for five years. Representative Stupak (D-MI) introduced a similar bill in the House of Representatives (H.R. 1843) on 3/29/07; however his bill would make the exemption permanent.

Please contact your Senators and Congressional representatives TODAY and tell them to SAVE OUR SMALL AND SEASONAL BUSINESSES!

Onward & Upward
ITH

Thanks to AILA InfoNet Doc. No. 07080660 (posted Aug. 6, 2007) for the text of the bills.

H-2B FAQ (Part Three)-The Process in a Nutshell

2007-09-24T17:51:00.000-05:00

Q: So how do I get H-2B Visas for my company?

A: I guess the crafty immigration attorney would answer this question by saying "well, you contact my office..." The process for obtaining H-2B visas has four steps: 1). SWA; 2). USDOL; 3). USCIS, and 4). USDOS.

Step number one in the H-2B Visa process is making application with the State Workforce Agency (SWA) of the state your company works in. In your application to the SWA you include the job description, the wage you plan to pay, the dates you need your H-2B visa workers for, and evidence that your company qualifies for the H-2B Visa. The SWA will then have you do some advertising and recruiting in your local area to see if there are US workers that are willing and available. Once the SWA determines that you qualify for the H-2B visa, and there aren't sufficient US workers to fill your need they forward your application on to step two-the US Department of Labor (USDOL).

Step number two has the USDOL going over the application and your recruiting efforts and if satisfactory will certify you for H-2B visas. Once you receive your labor certification in the mail you are ready for step three.

Step three is filing a petition for non-immigrant worker with United States Citizenship & Immigration Services (USCIS). Once approved there, they will forward approval of your H-2B visas to the US Consulate or Embassy you designated in your petition.

Step four is your potential H-2B visa workers going to the Consulate and applying and interviewing for the H-2B visa spaces you have been approved for. Any good H-2B visa lawyer will have contacts in country to recruit workers for you if you don't already have them lined up and will help them with the paperwork at the Consulate for a nominal fee.

Well that's a quick overview of the process. There are more intricacies involved in the actual application/certification/petition process, and we'll deal with those as we move along. As always if you are interested in H-2B Visas or have general immigration law questions or concerns don't hesitate to contact my office at 1-888-467-1529.

Onward & Upward.
ITH

H-2B FAQ (Part Two)-Seasonal vs. Peakload

2007-09-20T09:22:00.001-05:00

Q: What is the difference between "seasonal" and "peakload" need?

A: This is a question that frustrates H-2B Visa employers just getting started with the H-2B Visa process. USCIS is not known as the most forgiving of Federal agencies, so its important to make sure you have the right need in your in H-2B Visa petition.

KEY Distinctions between Seasonal & Peakload Need:

Seasonal H-2B Need:

-H-2B employer's need is CLEARLY tied to a season and has a predictable pattern EACH year;
-Quite often business operations "shut down" OR do not employ workers at all in that occupation for part of the year; and
-It is possible for the business to operate year round, but the need for workers in the occupation is seasonal.

Peakload H-2B Need:

-Need for H-2B Visa workers can be tied to one or more seasons OR other short-term demand;
-Business operations ARE year-round AND employ workers in that occupation on a permanent basis; and
-H-2B employer's need is "above and beyond" the existing workers employed in that occupation.

And there you have it. Now is the time to get your H-2B Visa ducks in order. Make sure and reference the suggestions and tips from "NOW is the Time" from earlier this month. As always myself and the staff at Immigration Law Associates, LLC are ready, willing and able to help you with your H-2B Visa and other immigration law needs. You can reach us at 1-888-467-1529.

Onward & Upward!
ITH

H-2B FAQ (Part One)-The Basics

2007-09-19T13:44:00.000-05:00

Q: What is an H-2B Visa?

A: An H-2B visa is a temporary, non-agricultural work visa. It is for an alien who is coming temporarily to the U.S. to perform temporary services or labor if qualified U.S. workers capable of performing such services or labor are not available, and whose employment will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Q: Who regulates the H-2B Visa program?

A: The United States Citizenship and Immigration Service (USCIS, formerly BCIS, and before that INS) regulate the program with the assistance of the U.S. Department of State and the U.S. Department of Labor. The regulations for the H-2B Visa program can be found at 8 CFR 214.2(h)(6) and establish the requirements for the H-2B Visa classification.

Q: What are the regulations for the H-2B Visa classification?

A: USCIS regulations require (1) that the H-2B petitioner be a U.S. employer, or the authorized representative of a foreign employer having a location in the U.S.; (2) that the employer apply for temporary labor certification with the Department of Labor (USDOL) prior to filing a petition with USCIS to classify an alien as an H-2B worker in all areas of the United States except Guam.

Q: What are the steps to the H-2B visa process?

A: There are four phases to the H-2B filing process: (1) State Workforce Agency-SWA; (2) U.S. Department of Labor-USDOL; (3) USCIS; and (4) U.S. Consolate (Embassy) in the worker's homeland.

Q: What do you mean by "temporary" work in regards to the H-2B Visa?

A: A job opportunity is "temporary" under the H-2B Visa classification if the employer's need for the duties to be performed is temporary-whether or not the underlying job is permanent or temporary. As a general rule, the period of the employer's need must be 10 months or less to utilize the H-2B Visa, although there may be extraordinary circumstances where the employer's need may be longer then a year and still qualify for H-2B Visa status. If there are unforseen circumstances where the employer's need exceeds 10 months, a new labor certification from USDOL is required for each period beyond 10 months.

Q: Is temporary employment the same as part-time employment?

A: Temporary employment should NOT be confused with part-time employment. Part-time employment DOES NOT qualify for the H-2B Visa classification.

Q: What is an employer's "temporary need" in the context of the H-2B Visa?

A: There are four kinds of "temporary need" that qualify for H-2B Visa status: (1) one-time occurence; (2) a seasonal need; (3) a peakload need; or (4) an intermittent need.

Q: What is "One-Time Occurrence" Need?

A: To qualify for an H-2B visa classification under a "one-time occurrence" need, the employer must establish: (1) that it has not employed workers to perform the services or labor in the past; and (2) that it will not need workers to perform the services or labor in the future, or that it has an employment situation that is otherwise permanent, but a temporary event if short duration has created a need for a temporary worker.

Q: What is "Seasonal" Need?

A: To qualify for an H-2B Visa classification under a "seasonal" need, the employer must establish that the service or labor is traditionally tied to a season of the year by an event or pattern and is of a recurring nature. The employer must specify the period(s) of time during each year in which it does not need the services or labor. The employment is NOT seasonal if the period during which the services or labor is needed is unpredictable, subject to change, or considered a vacation period for the employer's permanent employees.

Q: What is "Peakload" Need?

A: To qualify for an H-2B Visa classification under a "peakload" need, the employer must establish that it regularly employs permanent workers to perform the services or labor at the place of employment and it needs to supplement its permanent staff on a temporary basis due to a seasonal or short-term demand with temporary employees who will not become a part of the regular operation.

Q: What is "Intermittent" Need?

A: To qualify for an H-2B Visa Classification under an "intermittent" need, the employer must establish that it has not employed permanent or full-time workers to perform the services or labor, but occasionally or intermittently needs temporary workers for short periods.

Well that's the basic concepts. Next up is the difference between "seasonal" and "peakload" needs.

Onward & Upward!

ITH

NOW Is The Time.

2007-09-15T17:23:00.000-05:00

Now is the time to start hammering out your H-2B needs for 2008. If you need your workers in December then you are already a week late in getting your paperwork together. If you are in an industry that has a seasonal need beginning in March-April (such as construction or landscaping) then this is exactly the time to meet with your H-2B professional and start your process.

You will save yourself and your lawyer, a great deal of time, frustration-and most importantly money-if you begin your H-2B process NOW. Some things to remember when you contact an H-2B professional:

1. Are they a licensed attorney? Federal law limits those who can represent clients before USCIS. Anyone calling themselves a "Notario" or who otherwise does not have an attorney on staff who will be overseeing the paperwork should be avoided like the plague. Legion is the stories I have heard from clients who spent thousands of dollars on these people only to wind up with no workers because the person doing their H-2Bs wasn't an attorney and did not understand the law.

2. If they are a licensed attorney, how much of their practice is devoted to H-2B visas? Immigration law, like most other legal disciplines, are a niche practice. You need your attorney to be available to talk to you and answer your questions, and he/she can't do that when they are in court, preparing for trial, or in any other way trying to balance their H-2B work with the remainder of their practice.

3. Learn what is going to be expected of you as an H-2B employer. USCIS is going to expect you to follow the rules, and the failure to do so can jeopardize your chances at being able to use H-2B visas in the future.

4. Decide how many different positions you are going to apply for and the number of each position needed. USCIS charges for each position (see #5), so you need to determine if any of the positions you have overlap at all. This is another reason to contact and use an experienced attorney who specializes in H-2Bs because they will know which combinations will fly with the DOL and USCIS. After you have determined the number of positions you should determine how many individuals for each position you would like. I recommend to my clients to apply for a fee extra then are needed because sometimes your need may change, a worker might get hurt, fired, etc., and you may need to bring in extra workers. Having a couple extra visas available can make a world of difference.

5. Learn about ALL the fees associated with H-2B Visas. In addition to attorney's fees, there are other fees that you will be required to pay. These include a). Advertising fees to satisfy the DOL's requirements; b). Costs of shipping documents to your attorney, USCIS, DOL, and US Consulates located throughout the world; c). USCIS will charge you almost $500.00 for each different job classification you apply for (NOT each worker). In addition there could be other incidental fees.

Well those are some basics in re getting started. If you have any questions, or would like to have my office assist you through the H-2B process, do not hesitate to contact me via phone (573-334-9100), or email (ithardin@hotmail.com). I am still taking new H-2B clients and would love to help you with your workforce needs!

Onward & Upward!
Ian Thomas Hardin

Managing Member
Immigration Law Associates LLC
1917 William Street
Cape Girardeau, MO 63703

TEL: 573-334-9100
FAX: 573-334-7575