December 9, 2007

H1B & H2B Visas - Guest Worker Plans face tough battle!

Employers and Labor Groups across the country are joining forces and doing whatever it takes, so that the Government will consider any immigration reform. The shortage in visas will be a huge blow for Hotels, Construction companies and the High Tech sector. Lawmakers, lobbyists say, have been reluctant to move forward on the issue, however, in part due to the major fallout over last summer’s contentious debate on the immigration reform bill.

I can tell you that our H2B clients and all worried that visas will run out as early as January and I feel that they may be correct. If this is true, no H2B visas until October 2008 is a gloomy reality for our major Hospitality clients and for the consumers expecting excellent service.

High-tech companies, meanwhile, are renewing their annual fight for an increase in H-1B visas programs, which allow highly skilled foreign applicants to work in the United States for six years, as well as employment-based visas that offer permanent employment status.


Ralph Hellmann, senior vice president for government relations at the Information Technology Industry Council (ITIC), said the current H-1B cap of 65,000 workers does not cover the high-tech industry’s needs.

Read the articles from thehill.com here



December 6, 2007

EWIC voice strong concerns with SAVE Act

The Essential Worker Immigration Coalition (“EWIC”) representing employers both small and large, write to voice strong concerns with H.R. 4088 and S. 2368, the Secure America through Verification and Enforcement Act (“SAVE” Act). This legislation, introduced by Representatives Heath Shuler, Brian Bilbray and Senator Mark Pryor, does not provide the adequate framework for any future Immigration reform and employers are concerned for a reason.

It seems that the this proposed ACT exposes employers to unfair liability and worker shortages under a pretty bad system. Instead of solving visa shortage, backlog in application processing, this Act is all about enforcement.

Click here to read the statement Download file

October 24, 2007

Senate Destroys Students’ DREAM

I am not proud to be an American today. In a stunning display of heartlessness and gutlessness, the Senate voted today to quash the dreams and aspirations of hundreds of thousands of American students. The 52-44 vote in favor of proceeding to debate on the DREAM Act (S. 2205) fell eight votes short of the necessary 60 vote threshold. That eight-vote shortfall means a generation of American kids will remain stranded at the schoolhouse door. And while the vote is a nightmare for children, families, educators, and military recruiters throughout the country, it will also haunt the long-term political fortunes of those Senators standing on the wrong side of justice.

If this Bill failed to pass, don't expect any other immigration reform anytime soon.

October 8, 2007

Immigration Law - U.S. Sen. Trent Lott's take

It is always interesting to read what members of Congress think about key issues, in this case immigration.

Sen. Lott's opinion was published in the Clarion Ledger, among other things he says:

As you know, I had hoped to pass a broader immigration reform bill this year. I saw the July immigration debate as an opportunity, not necessarily to get an ideal border security plan in place, but as a foundation on which to build Senate support for stronger border security than we now have.

Read his Op Ed here

Clearly the need for reform is urgent and if all opinions of members of Congress will change in that direction, we may have chance....

June 26, 2007

Senate Resumes Debate on Immigration Reform

What a day for Immigration!! Majority Leader Reid (D-NV) held a vote on a motion to invoke cloture early today. A vote on cloture requires approval of 3/5 of the Senate, or 60 votes. The vote to invoke cloture on the underlying bill passed, 64-35. As a result, the Senate will resume consideration this week of amendments to the CIR bill, S. 1639. If the Bill will pass, I will be analyzing it in a special edition of our newsletter as well as on the Blog for the benefit of our readers and the press.


Continue reading "Senate Resumes Debate on Immigration Reform" »

June 25, 2007

Immigration reform - Exciting week ahead!

Many of our readers have been calling the office asking about the status of the Immigration reform. After all, it is all over the news. As much as I like listening to the news, when thet cover immigration law changes, they often get it wrong. They mix the terms, the Green Card process from Citizenship and they (more like Lou Dobbs and Cong. Brian Bilbray) call this debate an amnesty. I call this the right thing to do, NOW.

back in the Senate, Majority Leader Harry Reid (D-NV) has scheduled a procedural vote on a motion to proceed with the Senate immigration reform bill (S. 1639) for Tuesday, June 26, 2007. If the motion passes with 60 or more votes, senators will begin debate on a negotiated list of 24 amendments, split evenly between the two parties.

Continue reading "Immigration reform - Exciting week ahead!" »

June 23, 2007

Illegal Aliens - Good or bad for America?

If I could get a penny everytime I get into discussions about the "Illegals" in this country, I could be a very rich person by now. The current debate about immigration has divided our nation in so many ways. You can say many things about those that have broken the laws of our nation and entered here illegally, just to get that chance. Shall we reward them for ignoring the rules? I don't see it as a prize, I see it as a right very well deserved. We are here to help them get there.

Watch the follwing discussion it is how America is so much divided:

June 19, 2007

Immigration Debate is Back!!!

So you thought the Bill was dead, not so fast. Majority Leader Harry Reid (D-NV) is expected to file for cloture on a motion to proceed on the newly reintroduced Secure Borders, Economic Opportunity, and Immigration Reform Act (S. 1639*) on Wednesday, a move that could pave the way for a final round of debate and votes on the Senate immigration reform proposal.

Faced with two major pieces of legislation to complete before the July Fourth recess - immigration and energy - Senator Reid has threatened to keep his colleagues at work on immigration reform through this weekend. The Senate could begin debate as early as Thursday and may vote Friday on cloture, a procedural motion that must pass with 60 votes before the Senate can move forward with the amendment process. If the motion passes, the Senate could then devote the weekend to votes on amendments, to be followed next week by a vote on final passage.

Continue reading "Immigration Debate is Back!!! " »

June 8, 2007

Immigration Reform is not Dead!

As you may know, the Senate failed to invoke cloture last night. After two weeks of dedicated time for debate on the Senate floor (and many months of negotiations), the body could not reach agreement on the bill.

The American Immigration Lawyers Association have been reassured by leaders of both parties and the White House that the immigration bill is not dead. However, a timeline for action is unclear. We all must continue our efforts and urge Congress to do the right thing and to pass a workable and comprehensive bill before the end of the year.

Please, continue contacting your Senators and remind them that the status quo is completely untenable. If our immigration laws are not changed, people will continue to die in the desert in greater numbers, families will be torn asunder, workplace raids will continue, backlogs will grow, innovation will be stifled, the proliferation of piecemeal state and local ordinances will continue, and immigrant communities will be faced with a literal state of siege.

US Immigration law must be amended and a Comprehensive reform must pass as soon as possible. If not the future may be darker than we can ever imagine.

June 5, 2007

Letter from Governor Schwarzenegger to U.S. Senate

Governor Arnold Schwarzenegger yesterday sent the following letter to U.S. Senate Majority Leader Harry Reid and U.S. Senate Minority Leader Mitch McConnell urging them to carefully consider the critical issues that affect the bursting economy in California while developing comprehensive immigration reform that strengthens and improves our borders and develops a practical way to deal with the undocumented residents who are already here. The debate will be clearly heating up in the next few days.

You can read the letter below:

Continue reading "Letter from Governor Schwarzenegger to U.S. Senate " »

June 4, 2007

Immigration Bill Reforms System To Focus Family Migration

Three Key Points On The Bipartisan Immigration Reform Bill's Plan To End Chain Migration as we know it today. Family immigration as we know will end and new rules for sponsorship are being considered. The impact of this reform remains to be seen.

1. The Bipartisan Immigration Bill Reforms The Immigration System To Better Balance The Importance Of Family Connections With U.S. Economic Needs.

2. The Bill Will End Chain Migration, Which Allows Legal Immigrants To Bring Extended Family Members To The U.S., And Focus Future Family Immigration On The Nuclear Family And Parents. There will still be more family-based than merit-based visas, and the existing decades-long backlog of family-based applications will be eliminated within eight years.

3. Green Cards For Extended Family Will Be Rebalanced To The New Merit-Based System To Select Future Immigrants Based On The Skills And Attributes They Will Bring To The United States.

The Bipartisan Immigration Reform Bill Will Focus Future Family Migration On The Nuclear Family And Parents

In Place Of The Current System Where Nearly Two-Thirds Of Green Cards Are Awarded To Relatives Of U.S. Citizens, The Bill Reforms Our Immigration System To Better Balance The Importance Of Family Connections With The Economic Needs Of Our Country.

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Continue reading "Immigration Bill Reforms System To Focus Family Migration " »

May 29, 2007

Comprehensive Immigration Reform- Point System Immigration in America

As we have been updating our readers with the Immigration reform debate, negotiations between the White House and key senators in both parties will resume on June 4th, as the reformation of America’s immigration process looks evermore likely to shift to a point system similar to that of Canada, Australia, New Zeland and England.

Traditionally, a point system is geared to attracting people who have attributes valued by the receiving country, and that are judged to make the immigrants more likely to succeed economically as well as other factors. These include education, occupation, work experience, language proficiency and age.

In brief, a point system that awards visas on the basis of such factors could mark a radical change from the current system that awards the vast majority of the 1 million legal-permanent-residence visas (i.e. green cards) on the basis of the alien’s family ties to relatives already residing in the US or employment based preference system.

First devised in Canada, the point system was soon adopted in the ‘80s by Australia and New Zealand with a share of problems, with the UK also incorporating it in 2003. The impact for hopeful US immigrants should result in an exponentially different process for educated or trained English speakers.

Here is the main problem. Those currently qualifying as extraordinary ability aliens in the EB-1, or NIW scientists category can get on line and wait for years. That is due to the fact the point system will allow anyone in the world with a good education background to qualify to immigrate regardless of whether they have employment lined up in the US. So it may be possible that millions - perhaps tens of millions - of people might get on line and cause backlogs of decades for US green cards.

If this will in fact pass, we suggest for those that may qualify as extraordinary ability applicants to try their luck now as this option may be gone forever.

We link to 2 articles about the point system in the world and the lessons to learn below:

1. Washington Post Article on the Point System in other countries

2. National Public Radio website article on the point system

May 25, 2007

US Visa Law Reform - Memorial Day Recess

Last night, the Senate wrapped up its first week of debate on the Secure Borders, Economic Opportunity, and Immigration Reform Act (S. 1348), the negotiated comprehensive immigration reform bill.

The debate, however, is far from over. Before the Senate resumes consideration of S. 1348, Congress will adjourn and many legislators will return to their home states and districts for the Memorial Day recess (May 26-June 3). This recess could have a critical impact on the outcome of CIR legislation.

The Senate will resume debate during the week of June 4, when we expect to see a number of extremely important amendments brought to the floor for consideration. These amendments could make or break the Senate bill. A vote on final passage is expected to occur sometime toward the end of the week, around June 7-8.

We will keep you posted and will provided a detailed analysis of the Bill once passed.

May 24, 2007

Comprehemsive Reform debate

Our daily update continues, the following topics were discussed today at the Senate:

• A Coleman amendment to allow local government officials to inquire about immigration status was narrowly defeated, 48-49.
• A Dorgan amendment to sunset the new worker program also was defeated, 48-49.
• A Sanders amendment to dramatically increase H-1B fees was passed, 59-35.
• A Vitter amendment to prevent legalization for the undocumented was defeated, 29-66.

In general, this “bargain” bill is unacceptable and unworkable in its current form. However, while the process is still very much in flux, AILA are working closely with our allies to improve the bargain as much as possible during Senate floor debate over the next few weeks. We will keep you posted about amendment information as it becomes available.

Continue reading "Comprehemsive Reform debate" »

May 23, 2007

Summary of Senate Proceedings for Today

We continue to update our readers with the recent developments from the Senate. The summary is courtesy of the American Immigration Lawyer's Association.

Today, the Senate passed Senator Feinstein’s amendment on unaccompanied alien children and Senator Bingaman’s amendment to halve the number of Y visas. Two troubling amendments proposed by Senators Cornyn and Coleman are slated for consideration on Thursday. Details of all the day’s proceedings are included below.

Continue reading "Summary of Senate Proceedings for Today" »

May 22, 2007

Immigration Refrom debate continues - S. 1348

As promised, we continue to uodate you with the daily developments in US Immigration Law and the upcoming reform. I wish to thank AILA (American Immigration Lawyers Association) which I am a member of, for the continued updates and strong advocacy efforts.

Today, the Senate began formal debate and consideration of amendments to S. 1348. In a 31-64 vote, the Senate defeated the Dorgan/Boxer amendment that would have eliminated the Y visa new worker program. However, other amendments to curtail the program are likely to follow, beginning with possible consideration of the Bingaman amendment on Wednesday morning. Senator Bingaman’s (D-NM) amendment would cut the number of Y visas from 400,000 down to 200,000 annually.

May 21, 2007

Immigration Reform: Senate Votes to Proceed with Floor Debate

Theses are exciting and historic times in Immigration law. In order to keep you apprised of the important legislative proceedings during the CIR debate in Congress, each evening I will try to post the Congressional News and a daily summary of events.

I will also inform about upcoming votes on amendments. Below you will find today's CIR Daily Update. Please email me with any questions, I know we are all trying to guess what will happen.


CIR Daily Update 5/21/07: Senate Votes to Proceed with Floor Debate

The Senate voted today to begin formal consideration of comprehensive immigration reform legislation. Immediately following this vote, Majority Leader Harry Reid (D-NV) agreed to extend debate by one week and indicated that the Senate will resume debate after the Memorial Day recess. Consideration of amendments to the placeholder bill S. 1348 is expected to begin tomorrow with a substitute amendment that would replace the current contents of the bill with the “Grand Bargain” legislation negotiated last week.

Continue reading "Immigration Reform: Senate Votes to Proceed with Floor Debate" »