Articles Posted in Immigration News

On November 5, Acting Deputy Attorney General Gary Grindler swore in 23 new immigration judges during a ceremony at the Executive Office for Immigration Review’s (EOIR) headquarters.

Hiring for the judges began back in December 2009 but not before the applicants went through screening on criteria such as: ability to demonstrate the appropriate temperament, knowledge of immigration laws and procedures, experience in litigation and with complex issues, as well as knowledge of judicial practices. After the panel, the mostly highly regarded candidates went through a series of interviews and the final decision was made by the Attorney General, Eric Holder.

On October 28, US Citizenship and Immigration Services (USCIS) commenced their first quarterly public engagement in Spanish. The series are part of an effort to communicate with the many different people USCIS services and each event will focus on a specific topic related to immigration or citizenship. In addition, live question-and-answer sessions via USCIS officials will be available to anyone.

“How to Help Your Relative Become a Legal Resident” was the theme of the first engagement which was held on October 28 from 1:00pm to 2:30pm. The rest of the series is planned to be held on January 21, April 28, and July 28. If you would like to find out how to participate in the next engagement visit www.uscis.gov or call 1-800-375-5274(toll-free).

Brooke E. Reyna, a State Department employee, pleaded guilty on November 5 to giving false statements to officials in connection with an investigation that she was allegedly illegally accessing passport application files. Reyna was an employee at the National Passport Center in Portsmouth, NH where she had access to the State Department’s database which included the Passport Information Electronic Record System (PIERS) that contains passport photos all the way back to 1994. In addition to the photos, PIERS also contains personal information like the applicants name, birth place and date, address, phone numbers, spouse/family information as well as contact information. All of this information is protected under the Privacy Act of 1974 and access is limited to official use only. Between May 2004 and February 2008, Reyna admitted to logging on the PIERS database to look up the passport information for over 500 different celebrities, actors, musicians, models, athletes, and members of these individuals’ families for pure curiosity; she wasn’t carrying out any official business for the State Department. When originally questioned about her activities, Reyna denied the accusations but soon plead guilty to the charges and 9 other State Department employees/contractors have been found guilty as a result of the investigation.

The recent improvement in the country’s economy has created an increase in blue collar jobs and the demand for immigrant workers. Casa de Maryland, which has five job centers around the state, was able to place19, 000 immigrants in jobs during June of 2010 compared to 16,000 job placements during the same time last year. According to research, with the upturn of the economy, immigrants are receiving jobs at a much higher rate and benefiting more than native US citizens. Unemployment rates lowered from 9.3% to 8.7% for immigrant workers whereas the rate for native born workers increased from 9.2% to 9.7%. In addition to unemployment, hiring rates are also higher for working immigrants than native born US citizens. Since the recovery, immigrants are also being employed into different types of jobs than they were before the recession. Many worked in construction during the recession but now immigrant workers are being hired for positions in hospital service and education. One reason why immigrant workers may be receiving more jobs than native born US citizens is their flexibility with wages and earnings. Though immigrant workers may be receiving benefits during the economic recovery, they still face many challenges; their unemployment rate is still twice what it was before the recession.

MVP “Q & A Forum” – This Friday, December 3rd, 2010

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

The announcement on November 10 of E-Verify’s systems expansion was made by the Department of Homeland Security (DHS) Secretary Janet Napolitano and US Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas.

New capabilities of the system include US passport photo matching as well as automatic checks of US passports for authenticity when presented for employment verification checks to help increase the reliability of the program. Napolitano is confident that the improved E-Verify system will, “enhance our ability to detect counterfeit documents and combat fraud.” The E-Verify system now allows employers to verify the identity of any new employee by comparing their passport or passport card to the State Department records on file.

The E-Verify system is run by DHS in connection with the Social Security Administration and is free to use for all participating employers. Currently, the system is being used by more than 230,000 employers.

According to Tyler Cowen, a writer for The New York Times and economics professor at George Mason University, immigration to the US is increasing business activity and therefore creating an increase in jobs. He cites “Immigration, Offshoring and American Jobs” which explains that keeping companies onshore also helps keep low-wage jobs. The study goes on to find an inverse relation between immigration rates and offshoring, as offshoring increases the number of immigrants decrease and vice versa. Immigrant workers actually fill in labor market gaps and are “complementary” to the American business system; this contrasts with common bias that immigrants take away jobs from native US citizens and are detrimental. The study found that Americans and immigrants occupy different areas in the workforce and take different jobs, balancing each other in the labor force. Cowen goes on to explain that we naturally blame others or different groups for problems instead of realizing that machines and technology displace many human workers.

In conclusion, Cowen recommends the sanction of more immigrants coming into the US due to the potential increase in jobs and tax revenue, benefits to Social Security, as well improvement on the country’s overall business.

On October 27, the DHS Office of Immigration Statistics released a compiled Fact Sheet which compares the naturalization rates of IRCA(Immigration Reform and Control Act) legalized immigrants up until 2009 with the rates of other immigrants who arrived during the same period or obtained in a LPR(legal permanent resident) status.

The IRCA was passed back in 1986 and created pathways to citizenship for many different groups of immigrants. The two main groups that benefited were immigrants who had always resided in the US illegally before January 1, 1982 and special agricultural workers (SAWs) who were required to have worked in US agriculture during specific years ending on May 1 for at least 90 days (1984, 1985, and 1986). In order to gain LPR status, IRCA immigrants were required to meet certain requirements and standards.

All of the data for the Fact Sheet was gathered through the Department of Homeland Security’s records. No individual below the age 18 was included and children who may have received legal status because of their parents were also excluded. All rates were compared amongst immigrants during the same time period. Some of the findings and results of the Fact Sheet were that 2.7 million immigrants achieved LPR status under IRCA, naturalization rates were lowest among individuals who gained status through IRCA provisions and as time went on the percentage of immigrants who were naturalized gradually increased. Other conclusions from the Fact Sheet are that fact that Mexican-born SAWs had a lower rate of naturalization than other groups of immigrants and non-Mexican born immigrants were not subject to the same extra requirements others were.

Effective October 13, the US District Court of Appeals for the Ninth Circuit overturned a ruling that allowed special immigrant religious workers to file their Form I-485 alongside the organizations’ Form I-360. United States Customs and Immigration Service (USCIS) will no longer accept Forms I-485, I-131, I-765 that are filed based on are with a pending I-360 petition as of November 8. Forms I-485, I-131, and I-765 filed on or after November 8 must be submitted with an approved I-360 petition or they will be rejected.

Immigration and Customs Enforcement (ICE) announced the launch of its newly designed website, ICE.gov, on October 26. Features of the new website include up to date news from ICE as well as an improved image gallery. Information about ICE Office of Homeland Security Investigations (HIS) and ICE Office of Enforcement and Removal Operations (ERO) are also accessible on the new website.

A new function allows users to bookmark articles, receive email alerts on a range of topics, follow ICE on twitter and watch ICE YouTube videos. In addition, the Online Detainee Locator System (ODLS) launched on July 23 allows the sites users to search for detained aliens in ICE custody. Already, ICE has over 12,500 subscribers.

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