There’s a big shift that’s taken place with immigration policy with the GOP at the helm in the House; namely John Boehner (R-Ohio) and extremist Steve King (R-Iowa), who will likely chair the House Subcommittee on Immigration.  It has been speculated, in the new Congress, that Lamar Smith (R-TX) the current Ranking Member of the House Judiciary Committee will be named chair of that committee.

House Republications have already said that they will focus on border security and immigration enforcement over any future immigration reform. King favors changes to birthright citizenship to keep US-born children of illegal immigrants from receiving citizenship and argues more states should pass immigration crackdowns like Arizona’s SB 1070.  He has also pushed for more border enforcement and an electrified fence along the border to keep illegal immigrants out and has stated, “We do that with livestock all the time”.  Boehner will set a good deal of the agenda, and is likely to follow some of the plans mentioned in the Pledge to America that was released in September.

This most certainly will be a challenging shift from how current Speaker Nancy Pelosi (D-CA), and how other leading Democrats handled immigration issues.  Particularly, we can expect proposals that increase penalties for immigration-related crimes and make the removal of immigrants with criminal convictions easier.  Add to this the fact that both Smith and King have supported proposals that authorize state and local law enforcement officers to enforce immigration laws; and lastly, it’s been said that we can expect increased scrutiny of DHS enforcement practices by Congress and increases in funding for both border and interior enforcement.

For more on this, we link to the AILA Advocacy article released today.

Senate Dems Robert Menendez (NJ) and Patrick Leahy (VT) introduced the CIR Act of 2010 that proposes major  overhaul to the immigration system, making changes in employment and family-based programs with enhancements to I-9 (employment eligibility verification) employer obligations.  Most feel that this will not be the avenue by which CIR is accomplished, but that many of its ideas, including those int the CIR ASAP Bill that was introduced by Luis Gutierrez (D/IL) and the REPAIR proposal introduced by Senators Schumer (D-NY) and Lindsey Graham (R-SC) earlier this year, will all be considered when Congress decides to get serious about tackling immigration reform and actually start debating the issues.

The Bill does propose the creation of an Immigration Commission that would have authority to recommend yearly NIV and IV numerical limits.

The Bill proposes changes to the H-1B program by requiring employers to post the job opening on a new DOL website.  Employer with 50 or more employees would be prohibited from petitioning for additional H-1B workers if their workforce was comprised of more than 50% H-1B and L-1 workers, excluding those who are the beneficiaries of a pending or approved labor certification or employer-based immigrant petition.  Additionally, employers would be prohibited from placing H-1B workers at a 3rd party site, unless the worker was primarily supervised and controlled by the petitioner/employer.

DOL would be charged with additional authority to review LCA’s for fraud or misrepresentation and would have up to 14 days to certify an LCA (makes one wonder if we’d ever get a case out the door!)  with additional authority to investigate complaints against H-1B employers and to conduct employer H-1B compliance audits.  This is yet another reminder to employers to make sure that their Public Access Files are in order and that they are working with immigration attorneys who provide them with PAF files and overall compliance guidance and training.

Proposed changes to the L-1 Program would include requiring employers to offer L-1 employees insurance and other benefits on the same basis as that offered to US workers.  Increasing restrictions would be imposed on “new office” L-1 petitions and would require DHS to submit a report to Congress on L-1Blanket use.  On the positive side, the bill wold provide some relief for small employers seeking L-1A status for foreign nationals.  It would forbid adjudicators from using the small size of an L-1 employer as a negative factor in executive or managerial eligibility for L-1A status, but would increase DHS authority to investigate complaints against L-1 employers and impose new penalties upon employers who violate L-1 regs.

*** (Relief for Registered Nurses) *** — The Bill proposes to create a new H-2C temporary, nonimmigrant visa for occupations for which there is a shortage of American labor.  The initial H-2C visa would be valid for three years and renewed for three more years. With some exceptions, an H-2C visa could be revoked if the visa holder has been unemployed for more than 60 days.  After 4 years, an H-2C non-immigrant may file an application for adjustment of status, provided that he/she has been continuously employed, establishes progress toward civics and English proficiency, meets all criminal and other background checks and pays additional fines and fees.

There is a proposal to include a new H-1C program for lesser-skilled workers with job offers from US employers, and the creation of a premium processing program for administrative appeals of employment-based immigrant petition denials.

Relief for Undocumented Immigrants: Creates a provisional legal status, Lawful Prospective Immigrant (LPI), for undocumented immigrants who are present in the U.S. as of September 30, 2010, register with the government, have never committed a serious crime, and are otherwise admissible to the United States.  LPI status will be initially valid for four years, with the possibility of extensions.  LPI status confers work and travel authorization.  After six years in LPI/LPID status, an applicant may apply to become a lawful permanent resident, provided he or she continues to meet all eligibility requirements, including renewed biometrics and background and security checks, and also establishes basic citizenship and English skills, payment of all taxes, and compliance with Selective Service registration.

Employment-based Immigrant Petitions: The bill would recapture unused employment and family-based visa numbers from 1992 to 2007, and implement for future years  that unusued immigrant visa numbers roll over each fiscal year including the base amount of 140,000 –  plus numbers from 1992-2007 – and any unusued numbers from the previous year.  Those with approved visa petitions who are subject to wait times would be eligible to apply for AOS upon payment of an additional $500 filing fee and would be entitled to 3-year EADs and travel documents.  Those with pending immigrant visa petitions would be eligible to apply for AOS at the discretion of DHS.

We link to a complete summary of the CIR Reform Act from Immigration Policy Center.

Immigration Solutions will continue to update and report on any and all CIR issues as they arise.

The Obama Administration is considering ways that it could act without Congressional approval  – some options to provide immigration relief, should comprehensive immigration reform legislation not pass.

In an internal memo to Alejandro N. Mayorkas, the Director of USCIS, from the Offices of Chief Counsel and Policy and Strategy lay out some suggestions that USCIS might undertake within the current structure of the law without having to wait for Congress to pass legislation. Some of the key suggestions include the following:

1. Provide work authorization for H-4 dependent spouses if the H-1 applicant has an application for permanent residence and has extended beyond the 6 year limit. Currently H-4 dependents have to wait for the filing of an I-485 application to get work authorization, however, that can’t be done unless the priority date is current.

2. Expand the ‘dual intent” doctrine to non-immigrants such as TN’s, F-1, O and P and E visa holders. This could be especially helpful for applicants in TN status (such as registered nurses) who have delayed filing an I-140 petition because of concerns about traveling since TN is not currently a “dual intent” status.

3. Create a grace period ranging from 45 to 90 days for most of the non-immigrant categories. This would be especially helpful for H-1B applicants who wish to do an H-1B transfer if they lose a job and soon find a new job.  Currentf law holds the person to be “out of status” and subjects the H-1B applicant to returning to their home country to get a new visa stamped.

4. Eliminate unlawful presence (3 year and 10 year bar) for adjustment of status applicants. This would allow applicants who are subject to the bar on re-entry to freely travel and re-enter the U.S. to resume their application.

5. Expand premium processing to all employment-based cases. USCIS noted that they do not have a current backlog in cases so they are equipped to expand their premium processing unit.

6. Utilize deferred inspection to applicants whose removal is not in the public interest. This allows a “stay” in the U.S. to buy time for the applicant to have some form of legislative relief in the future.

7. Expand the EB-5 investor visa program. This program provides permanent residence to foreign nationals who invest in a U.S. business that creates at least 10 jobs, however, the program has been underutilized. The USCIS views this program as an important tool to revitalize the U.S. economy.

8. Extend work authorization on EADs when an extension is filed. This would allow automatic 240-day work authorization for an applicant who files an EAD extension before the current one expires. Currently the renewed EAD must be approved by the time the current one expires for the foreign national to continue to lawfully work.

USCIS believes these options are immediately at their disposal or can be quickly implemented through notice in the Federal Register based upon current authority. There is no word yet whether USCIS will implement these suggestions.

Supporters of comprehensive immigration reform are certain to welcome any effort by the Obama administration to unilaterally open pathways to citizenship for many currently in the country illegally. But the draft is also sure to outrage immigration-restriction groups.

Christopher Bentley, a USCIS spokesperson, said that internal memos help the agency “do the thinking that leads to important changes; some of them are adopted and others are rejected” and that “nobody should mistake deliberation and exchange of ideas for final decisions.”

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At a time when the prospects for immigration overhaul seem most dim, supporters have unleashed a secret weapon: a group of influential evangelical Christian leaders.

For more on this, read the story.

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If this is your first time visiting us, Immigration Solutions provides US and global visa services to individuals and employers throughout the USA and abroad.  We specialize in business immigration and have a depth of experience in the IT, healthcare, arts & entertainment sectors, amongst others.  We additionally provide employer compliance consulting services on proper I-9 (Employment Eligibility Verification) auditing, training, and work with our clients to develop compliant immigration policies and procedures.  We offer these services, as well, to government contractors and advise on FAR E-Verify enrollment and compliance issues.

The Obama administration has been holding behind-the-scenes talks to determine whether the Department of Homeland Security can unilaterally grant legal status on a mass basis to illegal immigrants, a former Bush administration official who spoke with at least three people involved in those talks told FoxNews.com on 6/21/10.

The issue was raised publicly by eight Republican senators who wrote to the White House last week to complain that they had heard the administration was readying a “Plan B” in case a comprehensive immigration reform bill cannot win enough support to clear Congress.

The White House has neither confirmed or denied this claim.  It’s unclear what section of the illegal immigrant population such a move would target. But the former Bush official said the discussions are real.

“The administration at the very minimum is studying legal ways to legalize people without having to go through any congressional debate about it,” the source said, calling the senators’ claim credible. “Whether somebody pulls the trigger on that, that’s another issue.”

The senators — Chuck Grassley, R-Iowa; Orrin Hatch, R-Utah; David Vitter, R-La.; Jim Bunning, R-Ky.; Saxby Chambliss, Ga.; Johnny Isakson, R-Ga.; and James Inhofe, R-Okla  — claimed in their letter that the administration was looking at extending what is known as deferred action or parole to millions of illegal aliens in the United States.

For more on this story

In a very interesting Blog post on The Hill (the blog for Congress), Rep Dana Rohrabacher reports that the Obama administration’s reaction to Arizona’s efforts to get an untenable situation under control, has been disappointingly predictable and dismissive of the majority of the American people who support what Arizona is doing.   He further states, “At every turn this administration has attempted to vilify Arizona’s efforts to enforce the law from threats of litigation by the Justice Department to our President allowing Mexican President, Felipe Calderon, to lecture us  about our immigration laws from the floor of the U.S. House of Representatives.”

Rep Rohrabacher asserts that illegal immigration in the US is big business  for Mexico. After oil, the number two source of income  for Mexico is the roughly $25 billion of remittances sent back there from workers in the United States, many of whom are here illegally.

Rohrabacher blogs that one of the tactics used by the Mexican government to help maintain this revenue source is the issuance of what is known as a “Matricula Consular ID Card” to Mexican nationals who do not have proper documentation to be in this country legally. The purpose of this ID card is to help make it easier for illegals to access public services, obtain housing or open bank accounts.

According to a recent report by the Federation for Immigration Reform:

Matricula Consular ID cards — two million of which have been issued in the last two years, have drawn heated criticism because they are issued to illegal aliens who cannot access U.S.-issued identity documents. Because consular ID cards are only needed by people who aren’t legally in the U.S. in the first place, communities and businesses that accept the cards as valid ID are undermining immigration enforcement and compromising U.S. security.

Rohrabacher states that one of the tactics used by the Mexican government to help maintain this revenue source is the issuance of what is known as a “matricula consular ID card” to Mexican nationals who do not have proper documentation to be in this country legally. The purpose of this ID card is to help make it easier for illegals to access public services, obtain housing or open bank accounts.

According to a recent report by the Federation for Immigration Reform:

Matricula Consular ID Cards — two million of which have been issued in the last two years, have drawn heated criticism because they are issued to illegal aliens who cannot access U.S.-issued identity documents. Because consular ID cards are only needed by people who aren’t legally in the U.S. in the first place, communities and businesses that accept the cards as valid ID are undermining immigration enforcement and compromising U.S. security.

“There’s no way around the fact that consular ID cards are only needed by people who aren’t legally in the U.S. in the first place. Indeed, relying on the Mexican Matricula for identification is tantamount to admitting that the bearer is in the U.S. illegally, as no one here legally has a need for one.”

“The FBI and the Department of Justice say that the cards are not a reliable form of identification and pose “major criminal threats” and a “potential terrorist threat.”

For more on this story, go to the the blog link above.

The Immigration Policy Center reported today that President Obama will be meeting with Arizona Governor Jan Brewer on Thursday, June 3rd to discuss border security and Arizona’s controversial new immigration law SB 1070.  While both opponents and proponents are attempting to assess the impact the new law may have on residents of Arizona-citizens and immigrants alike, some  22 states (at last count) are considering similar legislation. Multiple lawsuits have been filed challenging the constitutionality of the law, opponents are mounting a boycott, and numerous polls show that a majority of the public both supports the Arizona law and comprehensive immigration reform.

The Immigration Policy Center has put together a Special Report on “What you Need to Know about the New Law and How it Can Impact your State”.  One of the opening statements of the Guide reads as follows:

“SB 1070 represents, among other things, a growing frustration with our broken immigration system.  Ultimately, the courts will decide the constitutionality of the law, while time will answer many questions about its impact.  In the short term, as other states contemplate copying Arizona’s version of immigration reform, there is plenty of evidence to suggest that an enforcement-only approach – whether attempted at the federal or state level – does not solve the immigration problem.”

As reported in the Washington Post 5/24/2010

Democrats crafting an overhaul of U.S. immigration laws are bringing a new approach to a long-stalled debate: giving a federal commission some power over the future flow of legal foreign workers.

Senate Democratic leaders are drafting a measure to authorize a commission to recommend levels of employment-based visas and green cards that let immigrants work legally in the United States. The plan would require Congress, in certain cases, to vote when immigrant labor is deemed out of line with demand. Although the commission would have limited influence over the skilled-immigrant market for technology and other industries, it would have a major role in regulating low-skilled foreign labor.

The commission idea originally came from Ray Marshall, Labor Secretary under President Jimmy Carter. The United States needs a nonpartisan panel that would use “rigorous” data analysis in its decisions, Marshall said in an interview.

The idea is another example of lawmakers showing a willingness to relinquish decision-making to commissions on issues that include reducing the federal debt, Iraq war policy and curbing Medicare costs.

“It’s the ultimate expression for the need for political cover,” said Ross Baker, a political science professor at Rutgers University.

Legislation being drafted by Sen. Charles E. Schumer (D-N.Y.) and Senate Majority Leader Harry M. Reid (D-Nev.) is expected to take a different tack, said a Schumer aide, who spoke on the condition of anonymity. The panel they envision would have a stronger role in deciding immigrant-worker levels in lower-skilled occupations — such as hotel and restaurant jobs — than in higher-skilled ones.

We’ll see how all this plays out and will continue to report on any and all immigration reform measures.

If you’re an employer that despite your efforts to hire US workers, must rely on foreign workers to grow your business, sign this petition and send it to your representatives and then pass the link along.

Partisan haranguing took place yesterday with the Senate Democrats’ release of their version of a 26-page comprehensive immigration reform Draft for overhauling the nation’s immigration laws entitled “Conceptual Proposal for Immigration Reform“.  The Republicans immediately attacked it and criticized the Democrats for taking a partisan approach.

The draft includes a proposal to create a process to legalize an estimated 12 million undocumented immigrants in the United States and overhaul U.S. visa programs to bring foreign workers into the country to meet business needs. It also calls for a new visa class specifically for provisional workers.

Meanwhile, White House Press Secretary Robert Gibbs said the president telephoned some Republican senators this week to ask them to support immigration reform. The calls were to keep a promise he made to Sen. Lindsey Graham, R-S.C, stating “We are going to need both Republicans and Democrats”.  However, Democratic leaders appear increasingly to be laying the groundwork to bring an all-Democratic immigration reform bill to the Senate floor.

Rep. Sheila Jackson Lee, D-Texas, said lawmakers will not be intimidated by Graham’s threats to walk away from negotiating other legislation if immigration reform advances.

“I will say to him, ‘So what?’ ” she said. “We will not be intimidated by you.”

As we’ve all expected, the stage is set for quite a dramatic and compelling uphill road where immigration reform is concerned.  We will continue to report on this regularly.

The 2 senators today released their plan to mend immigration in the Washington Post.  The announcement was praised by the President in this statement.  The Post article, authored by both senators, agrees that:

1. the system is broken
2. although our borders are more secure, there are still millions that enter the USA illegally with no way of tracking if they leave when their visas expire
3. employers are overburdened with a complex employment verification system for their workers
4. Most Americans oppose illegal immigration and support legal immigration

They further discuss continuing to hold employers accountable for the employment verification of their workforce and implementing a tamper proof ID system to decrease illegal immigration.

This is what Schumer and Graham propose and seek support on:

1. To introduce a biometric social security card to ensure that illegals cannot get jobs where each card would have its own unique identifier on the card and not in government databases.  Employers would swipe the card to confirm a person’s identify
2. Strengthen border and interior enforcement
3. Create a process for admitting temporary workers and allowing more lower skilled immigrants to come to the USA when the  economy is creating jobs and fewer in a recession.  Will also permit those who have put down roots in the USA  and succeeded in the workplace to obtain a green-card
4. Implement a path to legalization for those already here
5. Zero tolerance on gang members, felons, smugglers and terrorists and increase internal enforcement to apprehend and deport them
6. Complete an entry-exit system that tracks those that enter the USA on visas and report those who overstay to law enforcement databases
7. Increase the border patrol

The article closes with the following:

“For the 11 million immigrants already in this country illegally, we would provide a tough but fair path forward. They would be required to admit they broke the law and to pay their debt to society by performing community service and paying fines and back taxes. These people would be required to pass background checks and be proficient in English before going to the back of the line of prospective immigrants to earn the opportunity to work toward lawful permanent residence.

The American people deserve more than empty rhetoric and impractical calls for mass deportation. We urge the public and our colleagues to join our bipartisan efforts in enacting these reforms.”

We will continue to keep you informed and will report in more detail on the immigration plan in our April newsletter.

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