ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

All Blog Entries

  1. Employers Should Review I-9 form for Social Security Number Glitch

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC

    Click image for larger version. 

Name:	I9.jpg 
Views:	23 
Size:	3.0 KB 
ID:	1181

    The USCIS is warning employees about a glitch on the I-9 form if it was downloaded between November 14, 2016 and November 17, 2016. Specifically, numbers entered in the Social Security number field were transposed when employees completed and printed Section 1 using a computer. For example, the number 123-45-6789 entered in the Social Security number field would appear as 123-34-6789 once the form printed. Therefore, employers should review I-9 forms downloaded during this short period of time to ensure your employees’ Social Security numbers appear correctly in Section 1.

    Employers who notice their employees’ Social Security numbers are not written correctly should have their employees draw a line through the transposed Social Security number in Section 1, enter the correct Social Security number, and then initial and date the change. Employers should include a written explanation with Form I-9 about why the correction was made in the event of an audit.

    This glitch was fixed on November 17, 2016 so if you downloaded the I-9 form after the fix, the I-9 forms should not have this glitch.
  2. H-1B Skilled Workers Are The Latest Targets of Trump's Executive Orders Scapegoating Immigrants. Roger Algase

    Update: April 21, 1:30 am.

    For another view supporting my contention that Donald Trump's repeated verbal assaults on the H-1B program, followed by his April 18 executive order directing a further "study" of the program, which is highly popular with skilled and professional immigrants from India and China in particular, can only be fully understood in the context of his other executive actions against Hispanic and Muslim immigrants, see Michael Pearlberg in The Guardian, April 20:

    Are Trump's H-1B visa reforms just a dog-whistle for his base?

    https://www.theguardian.com/commenti...xecutive-order

    Update: April 18, 5:16 pm.

    As expected, Donald Trump has signed an executive order on April 18 which, according to late breaking news reports (as I have not yet seen the actual order itself), calls for inter-agency studies aimed at finding ways of changing the H-1B program to achieve Trump's stated objective of granting such visas to "only the most skilled and highly paid applicants".

    If this goal is ever achieved, and if the H-1B program is limited only to foreign workers who are at the very top of an employer's salary scale, this means in effect that this visa may be available only to top executives in the future, not to highly skilled college graduates or professional workers who are at an earlier stage in their careers, and are not yet earning the huge salaries which Trump seems to be most attracted to.

    To the contrary, it now appears from Trump's latest executive order and his accompanying remarks, which also blamed H-1B immigrants for taking away jobs from American workers, that predominantly Asian immigrants, especially the most talented and highly educated, are now the scapegoats for American job losses or low wages, just as Hispanic immigrants are for being made scapegoats for crime; and Muslim immigrants, even if they have no connection whatsoever with militant Islam or are trying to escape from the threat to their own safety by jihadist organizations, are scapegoats for the threat of terrorism in Donald Trump immigration paradigm.

    Therefore, far from protecting the salaries and jobs of American workers, as is the stated goal of Trump's order, H-1B "reform" (if it ever happens, as governmental studies famously often lead nowhere), limiting H-1B visas to those who are at the very top of their organizational hierarchies, could turn out just to be another strategy to reduce the number of non-European immigrants in America, as some of Trump's top advisers, not to mention Trump himself, have indicated as their ultimate goal. See below.

    An updated New York Times report on this latest executive order is available at

    https://www.nytimes.com/2017/04/18/u...isa-trump.html

    My original comment follows:

    Just as Donald Trump infamously launched his presidential campaign by attacking Mexican immigrants as "criminals" and "rapists", his first immigration executive order sought to open the door to mass deportation of Mexican, other Latin-American, and mainly non-European immigrants in general.

    Then, just as candidate Trump's next openly ethnic/religious attack on immigrants called for a worldwide ban on entry into the US by Muslims (including, initially, even US citizens, according to his spokesperson Hope Hicks, as reported at that time), Trump's next immigration executive order as president sought to begin making that promise reality by a drastic blanket ban on entry to the US by approximately 150 million citizens of seven almost 100 percent Muslim countries.

    As we all now know, this ban caused immense hardship, suffering, disruption and chaos to thousands of Muslim visitors, students, temporary workers and even initially, permanent residents, not to mention their American citizen family members, employers, universities, research facilities and other US sponsors.

    As everyone in America now also knows, this ban was somewhat scaled back by a second version only because of pressure from the federal courts, not because of any change of heart on the part of the Trump administration.

    In fact, one of Trump's top advisors, Stephen Miller, stated that the second version of the Muslim entry ban was meant to accomplish the same policy objective as the first version - i.e. making Muslim visitors and immigrants unwelcome in the United States, just as Jews were unwelcome in the 1930's; and placing Muslim US citizens in a separate and unequal category as targets of suspicion and prejudice, again, just as Jewish immigrants and US citizens were in America for a large part of 19th and 20th century history.

    Then, after his attacks on Latino and Muslim immigrants, candidate Trump's next target was H-1B skilled workers, a very large percentage of whom, as again everyone in America knows, come from India, China and other countries of South Asia and East Asia. Disregarding the fact that Trump has made extensive use of this visa in his own businesses, he promised to abolish this program entirely, castigating it as a source of "cheap labor" to "take jobs away" from American workers, just as Mexican immigrants were sources of "drugs and crime" and Muslim immigrants were all potential "terrorists" who are "filled with hate" toward America.

    With this history, it should come as no surprise that Trump is now, according to both the New York Times and the Washington Post, planning to sign an executive order aimed against the H-1B program. See:

    https://www.nytimes.com/2017/04/18/u...rkers.html?_r=0

    See also: Washington Post, April 17:

    After a series of flip-flops, Trump prepares to deliver on a key campaign pledge

    (Sorry, I do not have a link. Please go to Google to access this story.)

    Unlike the previous two executive orders, where the executive branch can claim to have broad powers over both deportation and entry of foreign citizens into the US, it is not clear how much the president can actually accomplish on his own to make changes in the H-1B program without the consent of Congress.

    According to the above reports, the main focus of any planned executive order will be, according to the Post:

    "...to ensure that the H-1B visas are awarded to the most skilled and highest paid workers".

    This could mean many different things, and there would not be any point in speculating further until there is a signed order, if any.

    However, one thing is clear: whatever the content of the order may be, it is likely to be both broad and vague enough to cause confusion and chaos in the H-1B system, and to intimidate US employers from sponsoring skilled foreign workers, or such workers from applying for jobs in the United States, just as Trump's previous immigration executive orders have created so much confusion and fear in their respective areas.

    That indeed, might be the main purpose of any H-1B executive order that the president may sign, and its principal, if not the only, result.
    _______________________________
    Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. He has been helping skilled and professional workers obtain H-1B and other work visas and green cards for more than 35 years. Roger's email address is
    algaselex@gmail.com

    Updated 04-21-2017 at 12:39 AM by ImmigrationLawBlogs

  3. Emergency Room Doctor Charged with Performing Female Genital Mutilation

    by , 04-18-2017 at 07:16 AM (Matthew Kolken on Deportation And Removal)
    My very first trial some 20 years ago was an asylum claim where a woman feared she would be persecuted for refusing to allow her daughter to be subjected to this barbaric practice. How it is happening in the United States is beyond comprehension.

    Via Department of Justice:

    FOR IMMEDIATE RELEASE

    Thursday, April 13, 2017

    A Detroit Emergency Room physician was charged by complaint for performing female genital mutilation (FGM) on minor females.

    Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Daniel L. Lemisch of the Eastern District of Michigan, Special Agent in Charge David P. Gelios of the FBI’s Detroit Division and Special Agent in Charge Steve Francis of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) Detroit Field Office made the announcement.

    Jumana Nagarwala, M.D., of Northville, Michigan, is charged with performing FGM on minor girls out of a medical office in Livonia, Michigan. According to the complaint, some of the minor victims allegedly traveled interstate to have Nagarwala perform the procedure. The complaint alleges that Nagarwala performed FGM on girls who were approximately 6 to 8 years old. This is believed to be the first case brought under 18 U.S.C. 116, which criminalizes FGM. Nagarwala was arrested and is scheduled to appear in federal court in Detroit this afternoon.

    “According to the complaint, despite her oath to care for her patients, Dr. Nagarwala is alleged to have performed horrifying acts of brutality on the most vulnerable victims,” said Acting Assistant Attorney General Blanco. “The Department of Justice is committed to stopping female genital mutilation in this country, and will use the full power of the law to ensure that no girls suffer such physical and emotional abuse.”

    “Female genital mutilation constitutes a particularly brutal form of violence against women and girls. It is also a serious federal felony in the United States,” said Acting U.S. Attorney Daniel Lemisch. “The practice has no place in modern society and those who perform FGM on minors will be held accountable under federal law.”

    “The allegations detailed in today’s criminal complaint are disturbing,” said Special Agent in Charge David Gelios. “The FBI, along with its law enforcement partners, are committed to doing whatever necessary to bring an end to this barbaric practice and to ensure no additional children fall victim to this procedure.”

    “The allegations against the defendant in this investigation are made even more deplorable, given the defendant’s position as a trusted medical professional in the community,” said Special Agent in Charge Francis. “My sincere hope is that these charges will give support to those who have allegedly suffered both physically and emotionally.”

    A complaint is merely an allegation and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
    The FBI’s Detroit Division and HSI investigated the case with support of the Criminal Division’s Fraud Section, the U.S. Attorney’s Office of the Eastern District of Michigan and the FBI’s International Human Rights Unit, Criminal Investigative Division. Deputy Chief Sara Woodward of the Eastern District of Michigan and Fraud Section Assistant Chief Nick Surmacz and Trial Attorneys Amy Markopoulos and Malisa Dubal are prosecuting the case.

    The FBI’s Detroit Field Division has set up a tip line for anyone who has information pertaining to the illegal practice of FGM or Dr. Jumana Nagarwala. Please call 1-800-CALL-FBI (225-5984) or file an e-tip at FBI.GOV/FGM.

    Nagarwala Complaint
  4. Will Long US History of Anti-Immigrant Bias Result in Trump's Shutting Down the Government? Roger Algase

    POLITICO reports that the government could conceivably shut down later this month in a dispute over whether to include a cutoff in funding to Sanctuary Cities in the new federal budget, as Donald Trump is evidently insisting.

    http://politico.com/story/2017/04/sa...hutdown-237121

    If there is a shutdown, as we all know from previous experience, USCIS would continue operations, since it is funded by user fees, but the DOL and DOS would both shut down, resulting in a halt in labor certification and H-1B filing as well as visa processing.

    Moreover, a dispute over cutting off funding for Sanctuary Cities (and other sanctuary jurisdictions), which immigration advocates are arguing would violate the 10th Amendment, even as A.G. Jeff Sessions darkly hints at criminal prosecutions against Americans who "harbor" or "assist" unauthorized immigrants - which could conceivably include mayors or other officials of sanctuary jurisdictions - might not be the only immigration-related issue leading to a shutdown.

    Funding for Trump's super-expensive Mexican border Wall and for possibly even more expensive expansions in his projected "Deportation Force" could also lead to a government shutdown.

    But something as drastic as a federal government shutdown, even a short one (and there is no guarantee that this or any other shutdown would be short, especially given the president's apparent insistence on pursuing his ultra-restrictionist immigration agenda) does not only have its roots in the immediate events leading up to it.

    In the case of immigration restriction, America has a very long history of taking extreme measures to discriminate against or exclude ethnic or religious groups which have been unpopular with the public and political leaders at any given time.

    As everyone knows, this history goes back at least more than 150 years, to the time of the anti-Irish Know Nothings in the mid 19th Century, continuing with the Chinese exclusion laws of the 1880's and 1890's, not to mention the 20th century of racial/religious exclusion against most non-"Nordic" immigrants, continuing right up until 1965.

    Anyone who thinks that this dark history is entirely behind us, and that it has no relevance to Trump's 6 (formerly 7) country Muslim immigration ban, to his mass deportation agenda, or to the other disputes going on over immigration policy today, in what A.G. Jeff Sessions, who has himself recently had high praise for a 1924 immigration law that was one of the most racially restrictive in this country's entire history, now calls the "Trump era" of immigration, would do well to read the two excellent very recent articles on this history cited below:

    http://thehill.com/blogs/pundits-blo...peating-itself

    and

    http://newamericamedia.org/2017/01/t...n-policies.php

    If Trump's nationalist policies do lead to a federal government shutdown over immigration, and let us hope there will not be one, these two insightful articles could go a long way toward explaining the reasons why.

    Roger Algase
    Attorney at Law


    Updated 04-18-2017 at 02:17 AM by ImmigrationLawBlogs

  5. Deportations to Mexico Have Dropped by 20 Percent Under Trump

    by , 04-17-2017 at 08:57 AM (Matthew Kolken on Deportation And Removal)
    People are entitled to their own opinion, but not their own facts. Here are some facts via the New York Times:

    According to statistics from Immigrations [Sic] and Customs Enforcement, the number of Mexican citizens deported from the United States in the first three months of 2017 dropped by nearly 20 percent from a year earlier.

    The Mexican government’s statistics also show a slowdown in Mexican citizens being kicked out of the United States during January and February, with fewer deportations in those months than during any month last year. (March figures were not yet available.)

    Click here for more of the left-leaning narrative about how Trump is literally Hitler on immigration.

    Updated 04-17-2017 at 09:01 AM by MKolken

Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: