WSJ: IT Firms Howling As Visa Fees Leap

By DON CLARK

New U.S. legislation that sharply boosts visa fees to pay for tighter border security may play well in some parts of the country, but the applause is faint in Silicon Valley.

The measure, signed into law by President Barack Obama on Friday, is expected to raise operating costs for outsourcing firms that use large numbers of foreign-born employees to serve their U.S. customers. But the biggest impact, critics say, is to increase the perception that America is becoming more protectionist and hostile toward foreigners.

The fee increase applies only to companies with at least 50 employees in the U.S. and 50% or more of their work force holding one of two widely used types of visas. The fee for them to apply for an additional H-1B visa— which covers temporary skilled workers—rises under the legislation to $2,320 from $320. The fee for additional L visas, which cover transfers within a company, increases to $2,570 from $320.

Big U.S. companies that augment their work forces with small percentages of foreign workers wouldn't be affected by the measure, nor would small start-ups led by a handful of entrepreneurs from abroad. But the carefully crafted criteria strikes some observers as discriminatory, since most of the foreign outsourcing firms with large U.S. operations targeted by the measure are based in India.

Link to the rest of the article.

DHS Annual Report on Enforcement Actions: 86% of apprehended foreign nationals from Mexico

Immigration Enforcement Actions: 2009

Each year, the Department of Homeland Security (DHS) undertakes immigration enforcement actions involving hundreds of thousands of foreign nationals (for definitions of immigration enforcement action terms, see Box 1). These actions include the arrest, detention, return, and removal from the United States of foreign nationals who violate U.S. immigration law. Violations include failing to abide by the terms and conditions of admission or engaging in a variety of crimes such as violent crimes, document and benefit fraud, terrorist activity, and drug smuggling. Primary responsibility for the enforcement of immigration law within DHS rests with U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE). CBP is responsible for the inspection of all arriving persons and conveyances at ports of entry and the deterrence or apprehension of illegal immigrants between ports of entry. ICE is responsible for enforcing immigration laws throughout the United States.

This Office of Immigration Statistics Annual Report presents information on the apprehension, detention, return, and removal of foreign nationals during 2009.1 Key findings in this report include the following:

• DHS apprehended 613,000 foreign nationals; 86 per-cent were natives of Mexico.

Link.

Arizona lawmakers won't alter immigration law

USCIS Implements H-1B and L-1 Fee Increase

WASHINGTON— On Aug. 13, 2010, President Obama signed into law Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. Effective immediately, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after Aug. 14, 2010, and will remain in effect through Sept. 30, 2014.

These additional fees apply to petitioners who employ 50 or more employees in the United States with more than 50 percent of its employees in the United States in H-1B or L (including L-1A, L-1B and L-2) nonimmigrant status. Petitioners meeting these criteria must submit the fee with an H-1B or L-1 petition filed:

• Initially to grant an alien nonimmigrant status described in subparagraph (H)(i)(b) or (L) of section 101(a)(15), or
• To obtain authorization for an alien having such status to change employers.

USCIS is in the process of revising the Petition for a Nonimmigrant Worker (Form I-129), and instructions to comply with Public Law 111-230. To facilitate implementation of Public Law 111-230, USCIS recommends that all H-1B, L-1A and L-1B petitioners, as part of the filing packet, include the new fee or a statement of other evidence outlining why this new fee does not apply. USCIS requests that petitioners include a notation of whether the fee is required in bold capital letters at the top of the cover letter. Where USCIS does not receive such explanation and/or documentation with the initial filing, it may issue a Request for Evidence (RFE) to determine whether the petition is covered by the public law. An RFE may be required even if such evidence is submitted, if questions remain.

The additional fee, if applicable, is in addition to the base processing fee, the existing Fraud Prevention and Detection Fee, and any applicable American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee, needed to file a petition for a Nonimmigrant Worker (Form I-129), as well as any premium processing fees, if applicable.

USCIS will work with its stakeholders to effect a smooth transition given this legislation’s new requirements. For more information on USCIS and its programs, please visit www.uscis.gov.

Link.

New Guidelines For Border Patrol Agents Say Don't Worry About Illegal Immigration

The Colbert Report on the 14th Amendment

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Virginia Takes On Immigration

US Senate Passes Border Bill

$600,000,000 for border enforcement coupled with big new fees for large staffing companies who heavily depend on the H-1B visa.

Spike in O and P visa denials; USCIS working to address bad decisions/slow processing times

By Teresa Watanabe, Los Angeles Times

A big increase in the denials had prompted an outcry by Hollywood, the performing arts community and research institutions.

The nation's immigration chief has launched a effort to quell the outcry from Hollywood and the performing arts community about a spike in visa denials, processing delays and requests for evidence to support their petitions to bring in leading foreign artists for U.S. performances.

In the last year, immigration attorneys across the nation have loudly complained about mounting roadblocks for performance visas from the California service center, which processes petitions for so-called O and P visas for artists and researchers of extraordinary ability.

The California service center's denial rates for O visas, which apply to individuals, increased from 9.6% in the 2008 fiscal year to 19.6% this year. Denial rates for P visas, which apply to groups, jumped from 11.1% in 2008 to 26.8% this year. Requests for evidence also grew, from 16.2% of cases in 2008 to 37.5% for individual visas and from 21% to 44.3 % for group visas during that same period.

"We've been very focused on listening, learning and responding," Mayorkas said. "The O and P visas were established by Congress with the understanding that the introduction into this country of talent from all over the world brings needed and desired diversity to our artistic and cultural landscape. We should adjudicate the petitions with that intention and spirit in mind."

Several immigration experts say the changes have already made a difference. Processing times are speeding up, and denials and requests for evidence seem to be declining, they say.

Link.

NYT: Students Spared Amid an Increase in Deportations

By JULIA PRESTON

The Obama administration, while deporting a record number of immigrants convicted of crimes, is sparing one group of illegal immigrants from expulsion: students who came to the United States without papers when they were children.

In case after case where immigrant students were identified by federal agents as being in the country illegally, the students were released from detention and their deportations were suspended or canceled, lawyers and immigrant advocates said. Officials have even declined to deport students who openly declared their illegal status in public protests.

The students who have been allowed to remain are among more than 700,000 illegal immigrants who would be eligible for legal status under a bill before Congress specifically for high school graduates who came to the United States before they were 16. Department of Homeland Security officials said they had made no formal change of policy to permit those students to stay. But they said they had other, more pressing deportation priorities.

“In a world of limited resources, our time is better spent on someone who is here unlawfully and is committing crimes in the neighborhood,” John Morton, the head of Immigration and Customs Enforcement, said in an interview. “As opposed to someone who came to this country as a juvenile and spent the vast majority of their life here.”

Still, Republicans say the authorities should pursue all immigrants who are here illegally.

Link.

Border Immigration Agent Details Immigrant Abuse

A former border agent says he saw terrible mistreatment of immigrants taken into custody.

Immigration & the Constitution

Senators discuss an amendment to end automatic citizenship for kids of illegal immigrants.

NYT: Border Bill Aims at Indian Companies

By MARC LACEY

PHOENIX — Indian high-tech workers do not typically sneak into the United States through Mexico, but beefing up the Southwest border may still make it tougher for them to migrate here.

A Senate bill approved Thursday night by unanimous consent would pay for more security along the Mexico border by raising fees for companies from India that operate in the United States and hire so many Indian workers that they have been criticized for violating the spirit of American immigration law.

The $600 million spending bill would send 1,500 more Border Patrol agents, customs inspectors and other law enforcement officials to the Southwest border, finance additional aerial drones to monitor remote desert regions and build two operating bases close to the border to help reduce illegal immigration and drug smuggling.

“It’s just a great package,” Janet Napolitano, the secretary of homeland security, said in a conference call with reporters on Friday. She contends that the Obama administration has made the border more secure than ever but nonetheless hears the frustration of many local politicians, especially those in her home state, Arizona, who say that immigration is out of control.

Link.

Immigrants Pay to Return to Mexico

Tackling E-Verify for Federal Contractors: Whether to Complete New I-9 Forms or Update Existing I-9 Forms for Current Employees

By Aimee Clark Todd

Federal contractors subject to the FAR E-Verify Rule have many conundrums[1] to resolve as they determine how to implement this electronic employment eligibility verification system within their companies. In addition to completing E-Verify for new hires, the FAR E-Verify Rule requires that employers submit data for all existing employees[2] assigned to the federal contract and provides employers the option of submitting data for all existing employees in the company.[3]

To complete the E-Verify submission, employers must use data from the employee’s I-9 Form. The E-Verify system was developed based on current I-9 requirements and on the understanding that employers would be submitting data in E-Verify for new hires. Then the FAR E-Verify Rule came along and required certain federal contractors to complete E-Verify not only for new hires, but also for existing employees. Many of the I-9 forms for these existing employees will be older versions lacking data that is needed to process the E-Verify submission. This has thrown a wrench in the workings of E-Verify, creating technical errors, delays in E-Verify confirmation, and even the potential for non-confirmation through E-Verify.

One way employers can avoid this issue is to complete new I-9 forms for all existing employees that it will submit through E-Verify. In particular, the Supplemental Guide notes “you may find this option easier because the process is the same as the process for newly hired employees.” Yet, this resolves a technical E-Verify problem only to raise other procedural and substantive problems for the company. Employers also have the option to update I-9 forms under very specific circumstances identified in the Supplemental Guide. But this creates the additional administrative headache of having to review each I-9 form to determine whether it is acceptable without modification, whether it can be updated and then used for E-Verify submission, or whether a new I-9 form must be completed.

To re I-9 or not to re I-9? That is the question, and unfortunately, there is no “right” answer for everyone. There are, however, several practical considerations and new electronic tools that may persuade employers to opt for reviewing and updating existing I-9 forms rather than completing new I-9 forms for the entire workforce.

Link to the article.

Virginia Another Arizona?

Is Virginia becoming another Arizona? Is immigration law SB 1070 rising from the grave in another state? Virginia’s attorney general talks about police checking for immigration status.

Senate Border Budget Bill to Pay for Enforcement with New H-1B and L-1 Fees

By Greg Siskind via ILW.com

Well this came out of nowhere. Last night the Senate passed an emergency border enforcement bill that provides $600 million for increased security on the southern US border. The $600 million will come from raising fees on staffing companies. The fee will increase by $2250 for each L-1 visa application for companies that employ 50 or more workers if 50% of the workforce is on an H-1B or an L-1. The fee will increase by $2000 for each H-1B application for companies with 50 or more workers with 50% or more in L-1 or H-1B status.That means L-1 fees will now be about $3100 per worker for these firms and the H-1B fees will be about $4200 for regular cases and $5200 for premium processing cases.

Some media reports have stated that the language only applies to foreign-based companies. That is not correct. Also, reports have said that it only applies to companies that have been abusing the program. While I'm sure some of the protectionists lurking around here would say merely using the H-1B program in large numbers is tantamount to criminal activity, there is nothing here protecting companies that pay their employees well, treat them fairly and are complying in all respects with the H-1B rules.

Here is the exact language:

SEC. 402. (a) Notwithstanding any other provision of this Act or any other provision of law, during the period beginning on the date of the enactment of this Act and ending on September 30, 2014, the filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)) shall be increased by $2,250 for applicants that employ 50 or more employees in the United States if more than 50 percent of the applicant’s employees are nonimmigrants admitted pursuant to section 101(a)(15)(H)(i)(b) of such Act or section 101(a)(15)(L) of such Act.

(b) Notwithstanding any other provision of this Act or any other provision of law, during the period beginning on the date of the enactment of this Act and ending on September 30, 2014, the filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) shall be increased by $2,000 for applicants that employ 50 or more employees in the United States if more than 50 percent of the applicant’s employees are such nonimmigrants or nonimmigrants described in section 101(a)(15)(L) of such Act.

According to Politico,

The Senate bill includes $300 million for 1,500 additional Border Patrol agents, Custom and Border Protection officers and Immigration and Customs Enforcement personnel; $196 million for Justice Department programs; $32 million for two more drones; and other money for things like communications equipment and new facilities.

One would hope that paying north of $5000 per worker in H-1B filing fees will quiet some of the critics who argue that the program enables these foreign "job shops" to bring in cheap labor. With the requirement to pay the prevailing wage and this new much higher fee (which cannot be passed to the employee), hiring H-1Bs will be a much more expensive proposition for the larger staffing companies. But somehow I doubt this will quiet the critics because this is not about leveling the playing field. It's about eliminating the competition.

Link.

USCIS to launch agency wide policy review in ten issue areas

U.S. Citizenship and Immigration Services (USCIS) has announced the results of a public survey that launched the USCIS Policy Review, an unprecedented, top-to-bottom examination of the agency’s adjudication and customer-service policies. The survey results helped USCIS select the first 10 issue areas to address in the agency-wide review. The USCIS Policy Review will begin by examining policies in the following issue areas:

1.) National Customer Service Center;
2.) Nonimmigrant H-1B;
3.) Naturalization and Citizenship;
4.) Employment-based Adjustment of Status;
5.) Family-based Adjustment of Status;
6.) Employment-Based Preference Categories 1, 2 and 3;
7.) Refugee and Asylum Adjustment of Status;
8.) Form I-601;
9.) General Humanitarian; and
10.) Employment Authorization and Travel Documents.

USCIS is now establishing internal working groups to focus on each of the 10 issue areas. The working groups will include USCIS adjudicators, policy analysts, attorneys, customer-service representatives and other experts from within the agency. Throughout the Policy Review, USCIS will continue to engage with the public and seek its feedback to ensure that the resulting policies are informed, responsive and effective.

Link to press release.

Arizona Immigration Law Arrest

Noticiero Univisión anchor Jorge Ramos on Arizona, immigration, immigrants, drug wars, Mexico, and his new book, A Country for All

Experts explain the history and ramifications of amending the 14th Amendment of the US Constitution (Birthright Citizenship)

by American Immigration Council
August 4, 2010

Washington D.C. - The Fourteenth Amendment to the Constitution is enshrined in U.S. history as the cornerstone of American civil rights, ensuring due process and equal protection under the law to all persons. Equally important is the Fourteenth Amendment's affirmation that all persons born or naturalized in the United States and subject to its jurisdiction are, in fact, U.S. citizens. However, some politicians have begun to attack the 14th amendment and birthright citizenship without fully understanding the intent of the amendment and what tampering with birthright citizenship would mean for our country and its citizens.

Today, the Immigration Policy Center convened a teleconference to discuss the constitutional and legal impact of repealing the 14th amendments, as well as its historical significance to Asian and African-American communities.

Moderator Michele Waslin, Senior Policy Analyst with the Immigration Policy Center, said,"Repealing birthright citizenship does nothing to fix the underlying problems with the immigration system. It does not address the reasons people come here illegally in the first place; it does not reduce the number of undocumented immigrants-in fact, it increases the number because children will be born with no legal status."

Elizabeth Wydra, Chief Counsel of the Constitutional Accountability Center, added, "First, those who want to read the Amendment's citizenship clause narrowly to allow discrimination against U.S.-born children of undocumented immigrants or noncitizens are simply wrong as a matter of constitutional text and history. Second, those who want to repeal the Fourteenth Amendment's guarantee of equal citizenship threaten core constitutional values and ignore the reasons why the framers of the Amendment enshrined birthright citizenship in the Constitution in the first place. Never before have We the People amended our Constitution to make it less egalitarian."

Bill Hing, Professor of Law at the University of San Francisco explained, "The Constitution can only be amended in two ways: The first is for a bill to pass both houses of Congress, by a two-thirds majority. Good luck with that, especially in this partisan environment. The second method requires that a constitutional convention be called by two-thirds of the legislatures of the states. Any amendments adopted would then be sent to the states to be approved by three-fourths of the legislatures. This route has never been taken. It can't be a serious proposal because it can't be done politically and is simply a distraction from true immigration reform."

Attorney Margaret Stock added, "Rather than solving our nations immigration problems, changing the birthright citizenship rule is going to make those problems worse. It's going to impose significant administrative and legal burdens on every American while depriving the United States of the significant benefits gained from birthright citizens."

Responding to specific proposals by Senator Lindsey Graham, Eric Ward, National Field Director of the Center for New Community, said "Graham's action rekindles the fervor for dismantling a cornerstone of rights won by African Americans in the post-Civil War era. Passage and implementation of Graham's proposal would require eviscerating the Fourteenth Amendment, a question of insurmountable import to black people whose citizenship rights have historically been guaranteed by the Fourteenth Amendment. While people of good conscience may reasonably disagree over the nation's immigration policies, efforts to tamper with the Fourteenth Amendment in order to control immigration must be definitively rejected."

USCIS Transitions Filing Locations to Lockbox Facilities

To provide a more efficient and effective initial processing of applications and fees, USCIS is transitioning the intake of additional forms from USCIS Service Centers to USCIS Lockbox facilities. Centralizing form and fee intake allows USCIS to utilize the Lockbox facilities technology to put your application into our system.

The filing locations for the following forms have been changed:

I-129F
I-130
I-140
I-526
I-539
I-817

Link to USCIS press release and USCIS forms page.

More information from AILA:

• Form I-140, Immigrant Petition for Alien Worker
Petitioners filing Form I-140, Immigrant Petition for Alien Worker, must now file the new form, dated June 14, 2010, with the Dallas Lockbox. AILA InfoNet Doc. No. 10080461.

• Form I-130, Petition for Alien Relative
Petitioners who live in Canada who are filing a stand-alone Form I-130, Petition for Alien Relative must now file the new form, dated June 14, 2010, with the Chicago Lockbox. AILA InfoNet Doc. No. 10080462.

• Form I-129F, Petition for Alien Fiance(e)
Beginning August 3, 2010, Form I-129F petitions filed by a U.S. citizen on behalf of a fiance(e) or spouse must be submitted to the Dallas Lockbox. AILA InfoNet Doc. No. 10080466.

• Form I-539, Application to Extend/Change Nonimmigrant Status
Beginning August 3, 2010, applicants filing a stand-alone Form I-539, Application to Extend/Change Nonimmigrant Status, must now file the application with the Dallas Lockbox. AILA InfoNet Doc. No. 10080463.

• Form I-526, Immigrant Petition by Alien Entrepreneur
Petitioners filing Form I-526, Immigrant Petition by Alien Entrepreneur, must now file the new form, dated April 21, 2010, with the Dallas Lockbox. AILA InfoNet Doc. No. 10080465.

• Form I-817, Application for Family Unity Benefits
USCIS announced revised filing instructions and addresses for applicants filing Form I-817, Application for Family Unity Benefits. Applicants filing under IMMACT90 Section 301 must file the new form, dated April 21, 2010, with the Dallas Lockbox. Applicants filing under the LIFE Act Section 1504 should continue to mail their applications to the Chicago Lockbox. AILA InfoNet Doc. No. 10080464.

• USCIS Invitation to Listening Session on Lockbox Processing
USCIS invites stakeholders to an August 24, 2010 listening session on processing at USCIS Lockbox facilities. Please note that USCIS will not be able to address case-specific inquiries through this session. This invitation includes registration information. AILA InfoNet Doc. No. 10071938.

Immigration Issue Heats Up in Nun Death Case

ACLU/SC & Partners File First Class-Action Lawsuit On Behalf of Immigrants with Mental Disabilities

The six immigrants represented are from California and Washington, and all have been diagnosed with severe mental disabilities, such as schizophrenia and mental retardation. Several have been found incompetent to stand trial in other court proceedings.

The widespread failure of the Department of Homeland Security and the Department of Justice to implement such a system and provide court-appointed attorneys to those with serious disabilities was recently documented in a report jointly published by the ACLU and Human Rights Watch.

Link.

Virginia Attorney General OKs Immigration Checks on Anyone Stopped by Police

You read the AG's opinion letter here.

Debate over 14th Amendment

Critics say the 14th Amendment rewards undocumented immigrants by letting their kids become citizens once born in the U.S.

The Daily Show on Immigration and the 14th Amendment

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