Archive for November, 2009
Immigration Reform: Follow the Money
The Associated Press reported last week that pro-immigration political action committees have, for the first time in recent memory, raised more money in this election cycle than their anti-immigration counterparts. Specifically, Immigrants’ List, founded by immigration attorneys and ImmigrationPAC, founded by immigrant advocates, have together raised nearly $100,000. In contrast, groups hostile to the cause of immigration reform have raised only $71,000. Hopefully, this is the sign of a turning tide that will be reflected in the national debate, which, during the Bush era, seemed to be hijacked by right-wing extremists. With a Democratic administration and Democratic Congress, this is the perfect time to begin the process of reforming our immigration system. Hopefully the opportunity will not be squandered.
Tags: immigrants' list, immigration, immigration reform, pro-immigration political action committees
Posted in Politics/Current Events | Read More »
Number of International Students in the U.S. Rising
The number of international students at colleges and universities in the United States increased by an average of 8% for a total 671,616 students, for this academic year, according to the Open Doors report, which is published annually by the Institute of International Education (IIE). This is the largest percentage increase in international student enrollment since 1981, and marks the third consecutive year of growth.
Here’s how it breaks down, according to the Open Doors report, in terms of the top 15 sending countries:
| India | Increased by 9% | 103,260 students |
| China | Increased by 21% | 98,510 students |
| South Korea | Increased by 9% | 75,065 students |
| Canada | Increased by 2% | 29, 697 students |
| Japan | Decreased by 14% | 29, 264 students |
| Taiwan | Decreased by 3% | 28, 065 students |
| Mexico | No increase | 14, 850 students |
| Turkey | Increased by 10% | 13, 263 students |
| Vietnam | Increased by 46% | 12, 823 students |
| Saudi Arabia | Increased by 28% | 12, 661 students |
| Nepal | Increased by 30% | 11, 581 students |
| Germany | Increased by 9% | 9679 students |
| Brazil | Increased by 16% | 8767 students |
| Thailand | Decreased by 3% | 8736 students |
| United Kingdom | Increased by 4% | 8701 students |
While on many levels this is great news, it highlights the inadequacy of our current immigration system, which is based on an antiquated visa quota system that has no relationship to the globalized world in which we live. These international students, who disproportionately obtain degrees in the sciences, are in a position to make enormous contributions to our society. For instance, the Wall Street Journal recently reported that between 1990 and 2007, 25% of all publicly traded companies in the U.S. that were started with venture capital financing had an immigrant founder (“The Other Immigrants”, WSJ, Nov. 18, 2009). Basically, it’s in our interest to keep the best and the brightest of these students here in the U.S. But as the system currently stands, an Indian national graduating with a U.S. degree would need to wait many years (upwards of 10 in some cases) to be eligible for an immigrant visa. Why would this person choose to immigrate to the U.S. , if Canada, Germany, and a whole host of other countries offer a more streamlined and user-friendly system? In short, does it make sense for us to offer the best universities in the world (ours) to the world’s best and brightest, only to watch them take their skills and talents elsewhere?
Tags: colleges, immigrant visa, immigration, international student, quota, universities, visa
Posted in Politics/Current Events, Uncategorized | Read More »
ICE Issues Notice of Audit to 1000 Businesses
In a reflection of the Obama Administration’s continued emphasis on employer compliance with immigration laws, Immigration and Customs Enforcement (ICE) today issued audit notices to 1000 companies. According to ICE’s announcement, these employers were selected due to “investigative leads and intelligence and because of the business’ connection to public safety and national security.” Names of these employers were not released due to “ongoing, law enforcement” concerns, according to ICE’s statement. ICE audits involve the thorough review of an employer’s I-9 forms for their workforce, and traditionally has often resulted in employer sanctions for both routine and more egregious I-9 violations. Sanctions typically range from $375 to $16,000 per violation, with repeat offenders receiving stiffer penalties.
We believe that now would be a good time for all employers to conduct an internal self-audit of all I-9’s, to make sure that the employer is fully in compliance with all rules and regulations. With increased ICE audits, Dept. of Labor audits, and random site visits by USCIS, it is critical that employers pro-actively address any issues with their workforce.
Tags: audit, audit notice, compliance, employer, I-9, immigration, USCIS random site visit
Posted in Employment Verification, Uncategorized | Read More »
USCIS Will Begin Accepting H-1B Applications without Certified LCA
USCIS has recently announced that it will begin to accept H-1B petitions filed with uncertified LCAs for a temporary period, ending on March 4, 2010. As many have experienced including our office, the Dept. of Labor’s new iCert process for certifying LCA’s has resulted in unprecedented delays, and has added a new level of unpredictability to the H-1B process. In response to requests, USCIS will accept petitions with uncertified LCA’s and then issue a Request for Evidence (RFE) for the certified LCA before approving the petition. Normally, only petitions with certified LCA’s are accepted. This “temporary flexibility”, as USCIS called it, is somewhat useful, but what happens at H-1B cap time, either in the coming year, on in subsequent years, when we need to file all of those applications by April 1? How will we be sure that the LCA will be certified in time for filing after March 4th? Also, since filing with an uncertified LCA will essentially guarantee a Request for Evidence, are adjudicators going to use that opportunity to throw more items into the request? As it is, applicants are already beleaguered from overly burdensome, redundant, and nonsensical RFE’s.
Tags: certified LCA, DOL, H-1B, LCA, request for evidence, uncertified LCA, USCIS
Posted in H-1B | Read More »
Alternative Visa Options: H-3 Special Education Training Programs
This is the first in a series of blog posts profiling unusual or lesser known visa categories. Some of these visa categories may be useful to certain foreign nationals who have never heard of them. My hope is that someone who can benefit from these alternative visa categories will learn about them in this blog, and act accordingly.
An H-3 is a visa for a trainee. The visa holder must be participating in a bona fide training program in the U.S. However, not many people know that there are 50 H-3 visas per year allocated specifically for training programs in the field of special education.
The H-3 participant in a special education training program must be coming to the United States to participate in a structured program which provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
The petition must be filed by an organization which has professionally trained staff and a structured program for providing education to children with disabilities, and for providing training and hands-on experience to participants in the special education exchange visitor program.
Unlike other H-3 visas, it is not a requirement to show that the special education training cannot be obtained in the participant’s home country.
According to USCIS, so far, none of the 50 visas for the current fiscal year have been used to date.
Tags: disability, H-3 visa, special education, training program, USCIS, visa
Posted in Alternative Visa Categories, Events and Presentations | Read More »
