PROPOSED RULE TO STREAMLINE H1B PROCESS
March 2, 2011. The USCIS is proposing a new rule to streamline the H1B process for U.S. Employers. Through an advance registration process, U.S. Businesses could save $23 million over the next 10 years.
USCIS Director Alejandro Mayorkas today announced the opening of a 60-day comment period that will allow businesses and the general public to provide input on the proposed system in order to ensure it best meets the needs of employers that rely on H-1B visas to bring in foreign workers for specialty occupations.
“The proposed rule would create a more efficient and cost-effective process for businesses interested in bringing workers in specialty occupations to the United States,” he said. “Improving the H-1B petition process is part of USCIS’s ongoing efforts to leverage new ideas and innovation to streamline our operations and enhance customer service.”
For more information on USCIS and its programs, visit www.uscis.gov.
Immigration Reform as Economic Stimulus
by Walter A. Ewing, Ph.D.
September 1, 2009, Washington D.C. – In IPC’s latest Perspectives on Immigration, Senior Researcher Walter Ewing argues that even as the U.S. economy begins a tenuous recovery, it is critical that policymakers look beyond short-term stimulus plans to the long-term economic revitalization of our nation. An integral part of this economic revival is boosting the consumer purchasing power of the American public and ending costly and ineffective approaches to immigration. Ewing argues that a “deportation-only” strategy, which would cost American taxpayers at least $94 billion dollars, is ill-conceived while a plan that provides unauthorized immigrants an opportunity to earn legal status would add billions of dollars to the U.S. economy. An earned-legalization program would ensure that all workers are paying into the tax system and allow newly legalized immigrants to earn higher wages and pay more in taxes, spend more in U.S. businesses, and invest more in U.S. communities.
Draft Immigration Reform Legislation Expected by Year End
August 10, 2009: President Obama said today that his administration will pursue a comprehensive overhaul of the U.S. immigration system this year but that no action on legislation will happen before 2010. Draft legislation is expected by the end of the year, but no action until 2010 because of more pressing issues, including health-care reform, energy legislation and financial regulatory changes.
USCIS Announces Extension of the J-1 Entry Date for International Medical Graduates: Conrad 30 Waiver
May 11, 2009.
Public Law 111-9, signed by President Obama on March 20, 2009, extends until Sept. 30, 2009 the date by which J-1 medical graduates should have been granted J-1 nonimmigrant status in order to later qualify for the “Conrad 30” program.
Under the “Conrad 30” program, each state health department may submit a request directly to the Department of State to initiate the waiver process for a J-1 medical doctor. This request enables J-1 doctors to obtain a waiver of the two-year foreign residence requirement. Once the waiver is granted, J-1 doctors must practice medicine for at least three years in a medically underserved shortage area. The Department of Health and Human Services designates the medical shortage areas.
The Conrad 30 (originally Conrad 20) program was originally established in 1994 to address the shortage of qualified doctors in medically underserved areas, and has been extended several times since then. In 2004, Congress amended the program to exempt J-1 doctors who received a Conrad 30 waiver from the annual H-1B numerical limitation (otherwise known as the “H-1B cap”), as these doctors must complete their required three-year period of service as H-1B nonimmigrants.
This current sunset date of Sept. 30, 2009, applies to the date the medical doctor originally entered the United States in J-1 status or received a change of status to J-1, to complete a residency program in the United States.
Contact MathurLaw LLC at info@MathurLaw.com or call us at 412-928-3856 if you are a medical professional and would like to apply for a Conrad waiver.
DHS to Focus on Prosecuting Employers Who Hire Illegal Immigrants
April 30, 2009 -
The Department of Homeland Security today announced new guidelines newly that will focus on criminal prosecution of employers who knowingly hire unauthorized workers. In 2008, large-scale raids resulted in more than 6,000 arrests, only 135 of whom were employers. The new guidelines will emphasize investigating and criminally prosecuting abusive employers, one of the root causes of undocumented immigration. For more information, see: http://www.aila.org/Content/default.aspx?docid=28757
Why Not Let Immigrants Help Rebuild Our Nation?
By Kamana Mathur, Esq.
MathurLaw LLC
Given the current recession, immigration reform has taken a back seat to bailout plans, energy independence, the war in the Middle East, and practically everything else. With the increasing number of jobless Americans, how can we as a nation justify immigrant-friendly policies? Immigration has always been a subject of heated debate. We have accused immigrants of taking away American jobs, increasing crime, and fundamentally changing our way of life. Economists have long argued the opposite – that immigrants by taking jobs U.S. workers are unwilling or unable to do, make us a more productive and competitive nation. Immigrants come here to make a life for themselves and their families. They work hard, pay taxes, and try to fit in.
The bottom line at a time of high-unemployment is this: does immigration help or hurt America and Americans? Some interesting studies, one most recently done by Kerr and Lincoln at the Harvard Business School, indicate a strong correlation between immigration and the number of patents filed in the U.S. The link could be attributed to the fact that individuals who are willing to take the risk of leaving their known surroundings to immigrate to the U.S. tend to be more innovative in thinking and more entrepreneurial in spirit. They are more likely to find innovative problems-solving solutions and take the risk of starting a new enterprise in an effort to attain the “American dream.” A spinoff effect is that those who work, play, or study with them tend to become more innovative in thinking as well.
Pittsburgh has a long history of immigration. During the early 1900’s, a large number of German, Polish, and other workers were brought here to work in the coal mines. With the decline of the steel industry, workers lost their jobs but stayed here in Pittsburgh.
Currently, with the “reinvention” of Pittsburgh as a high-tech haven and medical super-center, it is attracting another type of immigrant – a highly educated, professional worker in the engineering, high-tech, or medical field. Although Hispanics constitute the largest immigrant group in the U.S., Pittsburgh is home to more Indian immigrants that any other nationality. But with job losses across the board, it is not surprising that employment-based immigration to the U.S. has started to decline, and this trend is likely to continue.
Congress is burdening taxpayers with the costs of bailing out industries in order to stave off even more job losses. But why not use immigrants to bail out the economy? We already provide E2 visas to those individuals from select countries who are willing to start or invest in a business in the U.S. Why not expand the program to individuals from more countries? A little-known visa category, the EB-5, qualifies foreign investors for a Green Card if they are willing to invest at least $500,000 in a “targeted employment area” and create at least 10 jobs. Pittsburgh is one such area. We would do well to seek out such investors, individuals who could not only create jobs and invest in our growth, but who would make Pittsburgh a more attractive place for the young and talented.
America is undoubtedly one of the most desirable places to live in the world. Here, we can still reap the benefits of hard work and enterprise, express our opinions freely, and live wherever we choose. We should consider taking steps to attract the many well-qualified, hardworking, and talented people from all over the world who would like to live, work, and invest in our country. It is time the Obama Administration take a close look at our immigration policies and make it easier for foreign investors to come to the U.S., start businesses, create jobs, and help rebuild our nation.
Obama and the Future of Immigration
By Kamana Mathur
MathurLaw LLCNews Bulletin: E-Verify Mandate Delayed to February 20, 2009
The Economy is in the doldrums. Baby boomers nearing retirement have lost their nest eggs in the volatile market. Jobless numbers are the highest in years. Given these pressing issues, immigration reform has taken a back seat to bailout plans, energy independence, the war in the Middle East, and practically everything else. With the increasing number of jobless Americans, how can we as a nation justify immigrant-friendly policies?
Immigration has always been a subject of heated debate. We have accused immigrants of taking away American jobs, increasing crime, and fundamentally changing our way of life. Economists have long argued the opposite – that immigrants by taking jobs U.S. workers are unwilling or unable to do, make us a more productive and competitive nation. Immigrants come here to make a life for themselves and their families. They work hard, pay taxes, and try to fit in.
Pittsburgh has a long history of immigration. During the early 1900’s, a large number of German, Polish, and other workers were brought here to work in the coal mines. With the decline of the steel industry, workers lost their jobs but stayed here in Pittsburgh.
Currently, with the “reinvention” of Pittsburgh as a high-tech haven and medical super-center, it is attracting another type of immigrant – a highly educated, professional worker in the engineering, high-tech, or medical field. Although Hispanics constitute the largest immigrant group in the U.S., Pittsburgh is home to more Indian immigrants that any other nationality. But with job losses across the board, it is not surprising that employment-based immigration to the U.S. has started to decline, and this trend is likely to continue.
Congress is burdening taxpayers with the costs of bailing out industries in order to stave off even more job losses. But why not use immigrants to bail out the economy? We already provide E2 visas to those individuals from select countries who are willing to start or invest in a business in the U.S. Why not expand the program to individuals from more countries? A little-known visa category, the EB-5, qualifies foreign investors for a Green Card if they are willing to invest at least $500,000 in a “targeted employment area” and create at least 10 jobs. Pittsburgh is one such area. We would do well to seek out such investors, individuals who could not only create jobs and invest in our growth, but who would make Pittsburgh a more attractive place for the young and talented.
America is undoubtedly one of the most desirable places to live in the world. Here, we can still reap the benefits of hard work and enterprise, express our opinions freely, and live wherever we choose. We should consider taking steps to attract the many well-qualified, hardworking, and talented people from all over the world who would like to live, work, and invest in our country.
It is time the Obama Administration take a close look at our immigration policies and make it easier for foreign investors to come the U.S., start businesses, create jobs, and help rebuild our nation.
The start date of the mandatory use of E-Verify by government contractors as described below has been postponed to February 20, 2009 pending the outcome of recent court challenges. Federal Register/Vol. 74, No. 9/Wednesday, January 14, 2009.
IMPORTANT CHANGES IN EMPLOYMENT VERIFICATION LAWS, I-9 AND E-VERIFY EFFECTIVE JAN 2009
The Immigration Reform and Control Act of 1986 (IRCA) requires employers to verify the identity and work eligibility of all employees (citizens and non-citizens) hired after November 6, 1986 using the Employment Eligibility Verification Form I-9. Employers are prohibited from directly or indirectly hiring an alien who is not authorized to work in the U.S. IRCA also prohibits discrimination against employees or prospective employees based on their national origin or citizenship status.
Immigration Laws in the U.S. have undergone dramatic changes in recent years. This includes increased enforcement of employment verification laws and regulations, and the imposition of severe civil and criminal penalties on those employers who fail to comply with the law, keep adequate records, or knowingly or with “gross disregard” of the facts maintain employees, contractors, or sub-contractors who are not legally authorized to work in the U.S.
Two recent changes that Employers should be aware of in order to protect themselves from Civil and Criminal Liability are:
1. New I-9 Rule Changes Documentation Requirements
DHS published on December 17, 2008 (Volume 73, No. 243) an interim final rule that changes the Employment Eligibility Verification (Form I-9) process. This rule narrows the list of acceptable identity documents and specifies that expired documents are no longer acceptable forms of identification. Employers must use the revised Form I-9 for all new hires and to re-verify any employee with expiring employment authorization beginning 45 days (January 31, 2009) after publication in the Federal Register. The current version of the Form I-9 (dated 06/05/2007) will no longer be valid.
Employers must complete a Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States. The list of approved documents that employees can present to verify their identity and employment authorization is divided into three sections: List A documents verify identity and employment authorization, List B documents verify identity only, and List C documents verify employment authorization only.
The rule eliminates Forms I-688, I-688A, and I-688B (Temporary Resident Card and older versions of the Employment Authorization Card/Document) from List A. USCIS no longer issues these cards, and all that were in circulation have expired. The rule also adds to List A of Form I-9 foreign passports containing specially-marked machine-readable visas and documentation for certain citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI). The rule makes other, technical changes to update the list of acceptable documents. The revised Form I-9 includes additional changes, such as revisions to the employee attestation section, and the addition of the new U.S. Passport Card to List A.
2. Use of EVERIFY Mandated for all Federal Contractors, Sub-Contractors, Suppliers, Vendors from January 15, 2009. E-Verify, a previously voluntary program that helps employers verify the legal status and eligibility to work of prospective employees, will be mandatory from January 15, 2009 for all Government Contractors, Sub-Contractors, affiliates, suppliers, vendors, or service providers pursuant to Amended Executive Order 12989 . Information entered in E-Verify is matched with Social Security Administration (SSA) and Department of Homeland Security (DHS) records. E-Verify will issue a confirmation, tentative confirmation, or final non-confirmation if the records do not match. There are strict guidelines regarding Employer action (and inaction) following the issuance of such letters. Fines, penalties, and even criminal charges resulting in prison time can ensue if appropriate action is not taken.
It is important that companies develop a compliance program that will ensure that all Immigration and Employment Discrimination Laws and regulations are being followed and protect companies from Civil or Criminal Liability in the event of non-compliance.
