Articles Posted in Immigration News

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.

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of November 19, 2010, 48,977 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of November 19, 2010, 17,836 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

The Form I-129 has been revised by the United States Immigration and Citizenship Service (USICIS) which allows employers to petition for temporary workers under a variety of nonimmigrant visa classifications. Publication of the revisions by USCIS will be available on November 23, 2010.

For 30 days after the publication of the new version or until December 21, 2010, USCIS will accept previous versions of the Form I-129.

Beginning December 22, 2010, USCIS will only be accepting the revised Form I-129 and will decline any request filed with previous versions of the form.

After an investigation lead by U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HIS), George Anagnostou of Maryland, was sentenced on October 28 to four months in prison and another four months on house arrest with electronic monitoring. Anagnostou also faces two years of supervised release after serving his sentence. His charges consisted of harboring at least 24 illegal workers of the Timbuktu and By the Docks restaurants. As a part of his sentencing, Anagnostou was forced to give up his motorcycle, pay a sum of $378,386.21 from five different bank accounts, give up $99,890 from the restaurant and his house, as well as an additional pay $256,696.67 at his court hearing.

From 2000 to 2005, Anagnostou was in charge of hiring employees for both Timbuktu and By the Docks restaurants. Other than collecting two documents, Anagnostou never made any other efforts to verify the authority of an individual to work in the United States, like using the required Employment Eligibility Verification forms (I-9s). Even when informed that many of his applicants had presented him with falsified forms, he insisted that his employees stop asking questions and accept the documents. In addition, the Social Security Administration began notifying Anagnostou that the Social Security numbers he was supplying for his employees did not match up in the database but he still did nothing to validate the legitimacy of his workers.

Anagnostou benefited financially from the illegal workers employment at the restaurants because he deducted their rental payments from their overtime wages due, paid them in cash preventing him from being subject to tax liability and he didn’t claim the rental property on his income taxes.

After pleading guilty to harboring and concealing illegal aliens on November 11, Arkansas resident Sen Chen was sentenced to five years probation, six months house arrest, a $5,000 fine and a $100 special assessment. As a part of his sentencing, Chen also forfeited his restaurant, house, and car. The investigation of Chen led by US Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI) agents discovered he was providing illegal immigrants with transportation, food, housing and money in exchange for working at his restaurant.

According to ICE HSI special agent Raymond Parmer this case, “serves as a stern reminder about the consequences facing employers who exploit illegal alien labor.”

Contact Information