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Chinese Immig. Daily
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This is one of the stranger immigration stories in the news today. Remember REAL ID, the mandate passed by Congress in 2005 that largely creates a national ID card by requiring all states to make extremely expensive changes to their drivers licenses to make it impossible for people illegally in the US to get driving privileges? Apparently, many states didn't like being told to spend all that money and not be reimbursed by Washington. Now DHS is saying that they're going to pretend that the states are all going along even though many are telling DHS they have no intention of ever complying.
According to the agencies, they hope to be able to turn around 98% of cases within 30 days and the remaining 2% within 90 days. They plan on achieving this by June 2009. In the mean time, the agencies hope to meet the following completion goals:
May 2008 - Process all name checks pending three years or moreJuly 2008 - Process all name checks pending two years or moreNovember 2008 - Process all name checks pending more than one yearFebruary 2009 - Process all name checks pending more than six monthsJune 2009 - Meet the time frames noted above
HR 1312, a bill that mandates O-1 visas be adjudicated in 30 days or
less (or be automatically converted at no cost to the applicant to
premium processing), has passed the House. The bill also mandates USCIS
adjudicate a premium-processed case within 30 days of documentation
being supplied in response to a request for evidence.
S.2178 is the Senate version of the bill. It was introduced by Senator
John Kerry (D-MA) last October, but has not been heard in committee
The bill reads as follows:AN ACT
To expedite adjudication of employer petitions for aliens of extraordinary artistic ability.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Arts Require Timely Service (ARTS) Act'.
SEC. 2. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR ALIENS OF EXTRAORDINARY ARTISTIC ABILITY.
Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended--
(1) by striking `Attorney General' each place it appears and inserting `Secretary of Homeland Security'; and
(2) in paragraph (6)(D)--
(A) by striking `(D) Any' and inserting `(D)(i) Any';
(B) by striking `Once the' and inserting `Except as provided in clause (ii), once the'; and
(C) by adding at the end the following:
`(ii) The Secretary of Homeland Security shall adjudicate each petition
for an alien with extraordinary ability in the arts (as described in
section 101(a)(15)(O)(i)), an alien accompanying such an alien (as
described in clauses (ii) and (iii) of section 101(a)(15)(O)), or an
alien described in section 101(a)(15)(P) (other than an alien described
in section 214(c)(4)(A) (relating to athletes)) not later than 30 days
`(I) the date on which the petitioner submits the
petition with a written advisory opinion, letter of no objection, or
request for a waiver; or
`(II) the date on which the 15-day
period described in clause (i) has expired, if the petitioner has had
an opportunity, as appropriate, to supply rebuttal evidence.
`(iii) If a petition described in clause (ii) is not adjudicated before
the end of the 30-day period described in clause (ii) and the
petitioner is an arts organization described in paragraph (3), (5), or
(6) of section 501(c) of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code for the taxable year
preceding the calendar year in which the petition is submitted, or an
individual or entity petitioning primarily on behalf of such an
organization, the Secretary of Homeland Security shall provide the
petitioner with the premium-processing services referred to in section
286(u), without a fee.'.
Passed the House of Representatives April 1, 2008.
Since Arizona law mandates all employers use E-Verify, this means 85% of Arizona employers are breaking the law.
Comedian Drew Carey nicely makes the case that there is nothing new in the immigration debate and that the arguments used today to oppose immigration are the same as 100 years ago. They were wrong then and they are wrong today.