It has been reported that some 20,000 more unannounced employer site visits will be taking place over the next few months by FDNS, but this time it will be to employers who have filed H-1B extensions to determine if there is ongoing compliance by the employer.

It’s been asked, do they have the legal right to do this – just show up and demand to speak with a company’s representative or executive officer?  Yes, they do, although it hasn’t been acted upon to the extent we are now observing until your $500 Fraud Detection and Prevention government filing fee created the revenue to employ some 6,500 FDNS agents.  Up until now, USCIS or DOL agents have always been in a position to do onsite employer visits when they thought necessary – but it’s been rarely acted upon.  Presently, you can add ICE and FDNS to this group – because we’re in a hunt ‘em down, enforcement climate – and it’s the employers who are being targeted.

So, how does an employer handle this?  We don’t recommend that you wait to ask this question and to get your documentation organized when the agent comes knocking.  This is serious business now, and they are not just targeting the small to medium-size employer or the employer who has financial issues and can’t respond to requests to prove the ability to pay the offered wage to the employee.

Therefore, it is recommended that you discuss this with your immigration counsel now.  If you don’t have a representative, we are available to walk you through a program that will not only assist you in organizing your Public Access information and files, but we will give you the tools to prepare the company representative that will handle the agent site visit and to prepare them for the questions that will be asked, what documentation should be organized now and beeasily accessible to present to the agent when requested – and overall, how to successfully respond to a government site visit at your place of employment.

The NCSBN has an excellent Resource Manual available for International Nurses and was developed as a user-friendly resource.

The manual focuses on 3 main topics related to foreign nurses:  Education, English Exam and Immigration.  Very intelligently, each chapter has 4 sections:  Definitions, Issues, FAQs and Resources.

It is important to understand that each state is responsible for the licensure of nurses within the state. Variations exist among the states.  It is very important to be working with a knowledgeable certification and licensure specialist or be in direct contact yourself with the State Board.

Immigration Solutions are specialists in health care immigration – for all occupations.  We have placed hundreds of foreign health care personnel with US hospitals and top medical facilities in the USA.  We have worked with some of the most reputable international staffing professionals in the industry; have attended countless recruitment events abroad and in the USA, and interface one-on-one with the health care professional and their families throughout the entire process.  We continue to advise and consult with some of the top recruiters and medical facilities in the USA.

Contact Immigration Solutions for all of your US and Canadian health care immigration matters.  Here is the link to the NCSBN Manual and here is a link to our healthcare brochure.

[IMMIGRANT’S LIST reports]  Last week, Congressman Lamar Smith from Texas, the ranking Republican on the House Judiciary Committee, wrote an Op-Ed in Politico that should make everyone working for immigration reform take notice. Rather than lay out a plan to address the unsustainable immigration system in this country, he uses the words “amnesty,” “illegal-immigrant lobby” and “open-borders crowd” (24 times by our count) to scare readers.

We’ve included the text of the article from Politico.com.  When you read it, do what I did — ask yourself: “Okay, what’s your plan? How do we fix our broken system?”

We concur with immigrant’s List, “Governing means being responsible. But too many elected officials think screaming “AMNESTY” over and over passes for honest debate. They’re loud and they’re going to use every scare tactic in the book to get re-elected. Don’t let them get away with it. With your help, Immigrants’ List will work to elect members of Congress in 2010 who actually want to tackle the problems we face, and who actually want to govern.”

…what do you think?   info@immigrationsolution.net

The subject is definitely alive and well and not going away!

Hoping to jump-start a major legislative drive on immigration reform in the US congress, more than 100 pro-reform House Democrats signed a letter reminding President Obama of his administration’s commitment to overhaul immigration.

The letter was clearly meant to nudge the WH toward engaging an issue it has allowed to languish.  The letter expressed House Dems “commitment to fix our broken immigration system” and cited “strong support for moving forward on fair and humane comprehensive immigration reform this year.”  One of the signees, Rep. Luis Gutierrez, an Illinois Dem, is gearing up to introduce a major immigration reform bill as early as next month.

Immigration advocates and their allies in Congress believe there is a window for immigration reform to pass early next year, before midterm elections complicate the political calculus.

Immigrant advocates know that once health care reform is settled, immigration will compete with other crucial issues including banking regulations and the interrelated climate and energy questions, for political attention.  As always — immigration reform pivots on one sensitive question:  What happens with the nation’s 12 million undocumented immigrants?

For more on this

Today we participated in a very informative conference sponsored by the Immigration Policy Center, the research division of the American Immigration Law Foundation, where they introduced a Special Report that addresses what’s wrong with our immigration system and how to fix it.

This special report looks at the impact our outdated and inefficient immigration system is having on our nation and discusses the failures of the system under two broad categories: structural failure and inadequate responses.

“We are embarking on a new round of immigration reform debates and to accomplish genuine reform, we must understand that immigration is about more than the 11-12 million people living without status in our country” said Mary Giovagnoli, Director of the Immigration Policy Center. “That group is a symptom of our failure to create an immigration system that works for the needs of America. It is time to shift the terms of the debate. We need to begin a discussion about what living without a functional immigration system has done to our nation over the last 20 years. We need to begin to ask the question: how is it in all our interests to reform immigration?”

We link to the Report above and encourage your comments

Assistant Secretary for U.S. Immigration and Customs Enforcement (ICE) John Morton announced standardized Memorandums of Agreement (MOAs) with 67 state and local law enforcement agencies to participate in 287(g) partnerships-improving public safety by prioritizing criminal aliens who are a threat to local communities, ensuring consistent and uniform policies and providing a force multiplier for ICE’s immigration enforcement efforts across the country.

The media has been all over this story as it concerns the Maricopa County Sheriff Arpaio meltdown when the Department of Homeland Security Secretary Janet Napolitano ordered him to stop arresting suspects based solely on the fact that they are illegal aliens. The Arizona sheriff who has been called the “toughest” in America, defiantly said he will continue his sweeps which have netted thousands of illegal aliens. He says that he can still operate within the law, under Arizona human smuggling laws – and told reporters, “it’s all politics”.

The new ICE partnerships include the Jail Model, in which local law enforcement agencies designate Jail Enforcement Officers to identify aliens already incarcerated within their detention facilities who are eligible for removal, as well as the Federal Task Force Model, in which agencies designate officers to work with Federal agents in locating, processing and removing criminal aliens from the United States.

• 55 agreements have been signed by ICE and the partnering agency;
• 12 agreements have been reached and await approval by the local jurisdiction’s supervisory authority; and
• Six agreements have negotiations underway.
• Six jurisdictions did not re-sign the new 287(g) agreement or withdrew during negotiations for a variety of reasons, including implementation of the Secure Communities program, budgetary constraints and limited program utilization.

We link to the ICE News Release for more on this story.

We’ve had several blog posts on the reverse brain drain issue.  This is a very interesting post that we found on TechCrunch today by Vivek Wadhwa, an entrepreneur turned academic who is a Visiting Scholar at UC-Berkeley, Senior Research Associate at Harvard Law School and Executive in Residence at Duke University.  The writer expresses concerns as to what is occurring in the IT sector today and why the brightest and the best are deciding not to put down roots in the USA.

Vivek spent Columbus Day in Silicon Valley meeting a roomful of new Indian arrivals to the USA. The event was organized by Think India Foundation, a think tank that seeks to solve problems that Indians face.

When introducing the topic of skilled immigration, the discussion moderator, Sand Hill Group founder M.R. Rangaswami asked the obvious question. How many planned to return to India?  He was shocked to see more than three-quarters of the audience raise their hands.  One has to ask why would such talented people voluntarily leave Silicon Valley, a place that remains the hottest hotbed of technology innovation on Earth? Or to leave other promising locales such as New York City, Boston and the Research Triangle area of North Carolina?

What they learned was that the average age of the Indian returnees was 30 and the Chinese was 33. They were really well educated: 51% of the Chinese held masters degrees and 41% had PhDs. Among Indians, 66% held a masters and 12% had PhDs. These degrees were mostly in management, technology, and science. Clearly these returnees are in the U.S. population’s educational top tier—precisely the kind of people who can make the greatest contribution to an economy’s innovation and growth. And it isn’t just new immigrants who are returning home, we learned. Some 27% of the Indians and 34% of the Chinese had permanent resident status or were U.S. citizens. That’s right—it’s not just about green cards.

We link to a letter co-authored by the Semiconductor Industry of America (SIA) and the Industry of Electrical and Electronic Engineers (IEEE) to the Congressional Subcommittee on Immigration.  The letter calls for sensible immigration reform – reforming quotas to match industry needs – reducing the ever-growing visa wait times for green-cards for skilled worker.

At a rally Oct. 13th on the west lawn of the United States Capitol, U.S. Congressman Luis V. Gutierrez (D-IL) addressed a crowd of thousands who demanded change to our nation’s broken immigration system. Rep. Gutierrez’ address responded to a recent call from the immigration advocacy community to introduce comprehensive immigration reform in the House of Representatives. Rep. Gutierrez has been actively talking to advocacy and civil rights groups, faith-based groups, labor groups and his colleagues on the Hill to identify the most essential components of such a comprehensive bill. Today, he presented a broad outline of those core principles.

In a statement Rep. Gutierrez said, “We simply cannot wait any longer for a bill that keeps our families together, protects our workers and allows a pathway to legalization for those who have earned it.  It is time we had a workable plan making its way through congress that recognizes the vast contributions of immigrants to this country and honors the American Dream.  I am preparing such a plan, and will introduce  it in the near future.  It will include the following core principles”:  A pathway to legalization, effective border enforcement, humane interior enforcement, protects workers, verifies employment, addresses family unit, Ag Jobs, Dream Act, establishes a future flow of foreign workers that is fair to employers and workers, and promotes immigrant integration. For more, we link to the Press Release

Other rallies took place across the country as well, demanding that Congress enact a broad and humane solution to fix the nation’s broken immigration system. Families, spiritual leaders, and community members gathered to encourage members of Congress and the Obama administration to follow in Rep. Luis Gutierrez’s (D-IL) footsteps and make family unity, workers’ rights, and a commitment to workable solutions fundamental parts of their collective vision for comprehensive immigration reform.

“Immigrants are an integral part of the fabric of American society,” said Marielena Hincapie, executive director of the National Immigration Law Center. “For too long, the flawed and ineffective immigration system has kept them apart from loved ones and made it difficult for them to fully participate in the communities they live and work in.”

Immigration Impact reports today, the United States Supreme Court opens its October session. Among the cases it will hear this term, two may have a significant effect on immigrants. The first case involves the intersection of the criminal justice system and immigration and the important role that lawyers play in safeguarding the rights of immigrants. The second case deals with immigrants’ access to federal court review—review which provides necessary oversight of government decision-making in immigration cases. These cases present the Supreme Court with opportunities to reaffirm that immigrants must be afforded fair process and a meaningful opportunity to be heard.

For a summary of the cases, refer to the above link.

Today, the New York Times reports that the U.S. Citizenship and Immigration Service, USCIS, within the Department of Homeland Security is taking steps to prepare to process the visa applications that would be generated if comprehensive immigration reform with a broad legalization component passes the Congress in the next year. Referring to the expected surge in processing, USCIS Director Alejandro Mayorkas told the Times, “We are under way to prepare for that.” The following is a statement by Ali Noorani, Executive Director of the National Immigration Forum, a non-partisan, non-profit pro-immigrant advocacy organization in Washington.

The federal government is gearing up to process immigrants into the legal system and onto the tax rolls, which means the Obama Administration is serious about aligning itself to fight for immigration reform before Congress faces voters again in 2010.

We know that lawmakers in the House and Senate are developing legislative proposals and we know the commitment of Democratic leaders and the President to moving reform forward. Just last week, 111 Democrats in the House wrote to President Obama requesting immigration reform action this year. So we feel confident that a comprehensive immigration package will be unveiled this fall and will move forward early next year.

For additional info.