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  1. NEVADA ATTORNEY GENERAL: US CONSTITUTION ACTUALLY MEANS SOMETHING

    by , 03-27-2008 at 11:42 AM (Greg Siskind on Immigration Law and Policy)
    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
    matters.
    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

  2. KOWALSKI COMMENTS ON SAM AHMAD CASE

    by , 03-27-2008 at 05:56 AM (Greg Siskind on Immigration Law and Policy)
    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.
  3. WASHINGTON POST: TIME TO ACT ON H-1B CAP CRISIS

    by , 03-25-2008 at 01:18 PM (Greg Siskind on Immigration Law and Policy)
    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
    American counterparts.

  4. COULD LACK OF H-1B VISAS TOPPLE NEW YORK'S STATUS AS GLOBAL LEADER?

    by , 03-25-2008 at 10:30 AM (Greg Siskind on Immigration Law and Policy)
    In case you think H-1Bs are just for IT workers, this article should be a reality check.
  5. FOREIGN EB-5 INVESTORS INJECTING LIFE IN TO TROUBLED REAL ESTATE INDUSTRY

    by , 03-25-2008 at 10:13 AM (Greg Siskind on Immigration Law and Policy)
     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.
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