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The Nevada Attorney General was asked to opine on whether a new rule allowing the Tax Commission to impose fines on employers with business licenses that hire illegally present workers was legal. The answer is no and here's why, according to the opinion:IRCA preempts state laws imposing civil or criminal sanctions, but
does not preempt "licensing or similar laws." The "administrative fine"
imposed by AB. 383 is a "civil sanction" which is both expressly and
impliedly preempted by federal law. It is not a licensing or "fitness
to do business" law because the Tax Commission has no other authority
to act against an employer's business license for immigration-related
Therefore, it is an attempt to impose an additional state sanction on
certain businesses that violate the federal law, which is expressly
preempted. AB. 383 also conflicts with the comprehensive federal
scheme, which already sets maximum monetary sanctions for violations of
IRCA.Hat tip to Peter Ashman in Arizona for sending this. Here's the file.Download Nevada2008_MARCH_NV_AG.pdf
A few days ago I blogged about Sam Ahmad, the heroic US translator who was recently denied permanent residency because of his membership in a Kurdish political party that is actually part of the Iraqi governing coalition. My friend Dan Kowalski has written a great op-ed piece taking USCIS to task for this ridiculous decision.
Another major editorial, this time from the Washington Post, endorses the need for more H-1B visas:If nothing changes, America will miss out on another crop of talent this year.
H-1B visas are reserved for the world's best and brightest, and barring
their entry is economic self-sabotage. The cap keeps out doctors,
engineers and other specialists -- people who save lives and often
create jobs for others in America. One need only look at the national
origins of founders of companies such as Google and Sun Microsystems
to realize that foreign talent has helped keep the U.S. economy on the
cutting edge. These are talents the United States has been struggling
to grow at home, given that more than a third of all science and
engineering doctorates awarded in the United States go to foreign
students (for whom the number of visas is not capped), according to the
National Science Foundation.
The H-1B visa cap was set well before the tech boom and so does not reflect current needs. ***Because lawmakers lack the political will to keep the world's talent in
America, companies are following it overseas, setting up shop in Canada, India, Eastern Europe and other areas where the skills they need are plentiful. As a result, investment and jobs are being shipped abroad. As Bill Gates
testified this month, the jobs created by the A-earning foreign
students who did not remain in the United States will now go to the "B
and C students" surrounding them at home in India rather than to their
In case you think H-1Bs are just for IT workers, this article should be a reality check.
The New York Times reports on the resurgence in popularity of the EB-5 visa and how it is helping attract capital for development projects around the country.