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

Recent Blogs Posts

  1. H-1B CAP: PAST DEMAND AND 2018 DEMAND

    by , 02-19-2018 at 01:59 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    This year’s H-1B filing date of April 1, 2018 is coming fast. MU Law predicts that H-1B petitioners will file fewer than the 200,000 petitions that were filed last year.

    When the USCIS receives more H-1B petitions than slots available it holds an “H-1B lottery”. Last year, the USCIS held an H-1B lottery because it received over twice as many H-1B petitions as there are slots available.

    If you are considering filing an H-1B cap-subject petition, MU Law urges you to begin that process now.

    The H-1B is usually associated with IT positons. Most of the H-1B slots are used by IT professionals. Many healthcare professions also qualify for H-1B status, including Physical Therapists, Occupational Therapists, Speech Language Therapists, and some Registered Nursing positions.

    International workers who are working in the U.S. on an H-1B visa with another H-1B employer are not subject to H-1B cap. These cases are commonly referred to as “H-1B transfer” cases and may be filed at any time throughout the year.

    Employees that need a "cap-subject" H-1B include:

    * International students working on an EAD card under an OPT or CPT program after having attended a U.S. school
    * International employees working on a TN may need an H-1B filed for them in order for them to pursue a permanent residency (green card) case
    * Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1
    * H-1B workers with a cap exempt organization
    * Prospective international employees currently living abroad

    Past H-1B Demand:


    Year: H-1B Cap Numbers: Date H-1B Cap Reached:
    H-1B 2003 (FY 2004) 65,000 October 1, 2003
    H-1B 2004 (FY 2005) 65,000 October 1, 2004
    H-1B 2005 (FY 2006) 85,000 August 10, 2005
    H-1B 2006 (FY 2007) 85,000 May 26, 2006
    H-1B 2007 (FY 2008) 85,000 April 1, 2007
    H-1B 2008 (FY 2009) 85,000 April 1, 2008
    H-1B 2009 (FY 2010) 85,000 December 21, 2009
    H-1B 2010 (FY 2011) 85,000 January 25, 2011
    H-1B 2011 (FY 2012) 85,000 November 22, 2011
    H-1B 2012 (FY 2013) 85,000 June 11, 2012
    H-1B 2013 (FY 2014) 85,000 April 1, 2013
    H-1B 2014 (FY 2015) 85,000 April 1, 2014
    H-1B 2015 (FY 2016) 85,000 April 1, 2015
    H-1B 2016 (FY 2017) 85,000 April 1, 2016
    H-1B 2017 (FY 2018) 85,000 April 1, 2017
    H-1B 2018 (FY 2019)(projected) 85,000 April 1, 2018




    __________
    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook, Twitter and LinknedIn.

  2. Letters of the Week: February 19 - February 23

  3. "Chain Migration" Was Originally Put in the 1965 Immigration Law to Please Nativists Who Wanted to Keep America White. They Were Wrong. Roger Algase

    This comment is a continuation of my January 19 ilw. com comment on the origins of the current family immigration system a/k/a "chain migration" which was once a neutral or even a scholarly term meaning extended family immigration beyond the immediate "nuclear" family. but has now become a term of animosity and opprobrium used by immigration restrictionists to refer to non-white immigrants in general.

    In my January 19 comment, I began a discussion of the paradox inherent in the fact that a provision which was originally inserted in the landmark 1965 immigration reform at the instigation of nativist Congressmen in both parties (chiefly, but not exclusively, Southern Democrats and Midwestern Republicans) in order to keep America white has had the opposite effect. See:

    "Chain Migration" and the Visa Lottery Originally Promoted White Immigration. That Changed. So Trump and the GOP Now Want to Abolish Them

    http://blogs.ilw.com/entry.php?10342

    Now, one month after my original post, the issue of extended family immigration has become even more contentious and has come under increasing scrutiny because of Donald Trump's efforts to use the issue of relief for Dreamers from the threat of deportation (which Trump himself created by cancelling DACA almost six months ago effective March 5) as a quid quo pro for his non-negotiable demand that Congress agree to abolish legal immigration beyond the nuclear family (and to eliminate the diversity visa lottery - another source of mainly non-white immigration which has been in effect for the past two decades).

    Therefore, it is instructive to look at the history of the "chain migration" provision of the 1965 law to see exactly how it became part of the law, what its purpose was, and how its nativist backers (and almost everyone else involved with this law) failed to predict what its actual effect would be.

    In this discussion, I will refer to two studies by independent experts who, as will be seen below, rely on objective facts for their conclusions and cannot be justly accused of partisanship or bias on either side. The first study is by the Migration Policy Institute, entitled:

    Fifty Years On,
    the 1965 Immigration and Nationality Act Continues to Reshape the United States (October 15, 2015)

    https://www.migrationpolicy.org/arti...-united-states

    The second study consists of an October 3, 2015 article by Tom Gjelten, an NPR policy analyst, member of the Council of Foreign Relations, and the author of a book on the 1965 immigration law. His article is entitled:

    In 1965, A Conservative Tried to Keep America White. His Plan Backfired.

    http://www.wbur.org/npr/445339838/th...mmigration-act

    To begin with, nothing could be less accurate than to think that the overall purpose of the 1965 immigration act was to institute or maintain a white supremacist immigration regime or to favor Europe over other parts of the world.

    To the contrary, the 1965 law was enacted at the instigation of liberal Democrats such as Congressman Emmanuel Celler (D-NY) and Senator Edward Kennedy (D-Mass) in order abolish the openly racist "national origins" immigration quota system of the previous 1924 law which had heavily favored immigration from the "Nordic" countries of Europe (or, to use Donald Trump's notorious January 11 phrase about his own preferred source of immigrants to America 94 years later: "countries like Norway").

    The 1924 law, as everyone who has even the slightest knowledge of US immigration history is well aware, had cut off immigration almost entirely from Asia, Africa and the Middle East, as well as heavily Jewish Eastern Europe and even more heavily Catholic Southern Europe.

    But as President Lyndon Johnson famously said when he signed the 1965 law abolishing these racially motivated quotas, America's new policy would be to ask immigrants: "What can you do for our country?" not"In what country were you born?".

    To be continued in a forthcoming post.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com

    Updated 02-19-2018 at 12:56 PM by ImmigrationLawBlogs

  4. Trump Continues Assault Against "Chain Migration" Even Though His Family Came To US Same Way. Will Ending Birthright Citizenship Be Next? Roger Algase

    The news that Melania Trump's Slovenian parents are now in the United States helping to take care of Trump's son Barron has fueled speculation that they may have come to the United States with green cards sponsored by Melania, who is a US citizen but has had a controversial immigration history herself which has never been fully explained by the White House.

    This would be an exact example of the same "chain migration" which Trump is calling "horrible" (in a December 29, 2017 tweet), and making up totally fictitious stories about, such as the delusional one that a lone wolf radicalized Muslim attacker in New York who ran over and killed 8 people last Halloween had sponsored "23 relatives" to come to the US, not a single one of whom has ever been identified.

    While it is also possible that Melania Trump's parents may be in the US simply as tourists on a temporary 6-month visa, a benefit that is not always easily granted to parents of US citizens who come from outside Europe and want to visit their US children or grandchildren, the White House has also refused to release any information on this either - claiming "privacy" on behalf of the First Lady of the United States!

    See vox.com February 14:

    https://www.vox.com/2018/2/14/170121...p-parents-visa

    Whatever the immigration status of Trump's in-laws in the US may or may not be, however, one thing is clear: both Trump's own Scottish mother and his own German grandfather came to the US to join their own siblings - through "chain migration" very similar to that which Trump and his administration are now furiously lobbying to take away from millions of American citizens who may want to sponsor their own parents, simply because they come from countries whose citizens have a skin color different from that of Trump's own family members.

    (As an aside, Trump's father Fred reportedly lied about his own German ancestry and falsely claimed that he was of Swedish origin, a lie which Donald Trump reportedly perpetuated in his Art of the Deal book - according to CNN. This would show that Trump's antagonistic relationship with the truth about immigration extended even to his own ancestry.)

    https://www.cnn.com/2017/11/28/polit...age/index.html

    For more details on how Trump and his administration lobbied against and killed a bipartisan compromise Senate bill to protect Dreamers which Trump called a "catastrophe" because it did not include the huge cutbacks in family immigration and elimination of the diversity visa lottery which he demanded, see:

    http://thehill.com/homenews/senate/3...migration-bill

    Given Trump's history of saying and doing everything possible to cut back non-European legal immigration, there is no reason to think that he would stop at just eliminating large parts of family immigration and abolishing the visa lottery.

    As a candidate, Trump repeatedly spoke out against birthright citizenship for the American-born children of parents who lack immigration status, something that would deprive millions of Hispanic, Asian and black Americans of the citizenship that is guaranteed to them by the 14th amendment to the US Constitution as upheld 120 years ago by the Supreme Court in the landmark case of Wong Kim Ark (1898)

    For just one sample of Trump's 2015 comments on this issue, which echo the position of some other anti-immigrant organizations and openly white supremacist politicians such as Rep. Steve King (R-Iowa), who introduced legislation to end birthright citizenship even for US-born children of certain legal immigrants, see:

    http://www.nj.com/politics/index.ssf...th_undocu.html

    There is no indication that Trump has changed his views since then or that he has lost interest in trying to pursue this issue, which would turn the US into an officially white supremacist state similar to apartheid South Africa.

    Trump's assault on family immigration and the visa lottery could therefore be looked at as just a dress rehearsal for an even bigger battle over race as it affects both immigration and citizenship, which could very likely be coming up next.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com



    Updated 02-18-2018 at 02:22 PM by ImmigrationLawBlogs

  5. ICE Operation in LA Results in 212 Arrests

    by , 02-16-2018 at 10:51 AM (Matthew Kolken on Deportation And Removal)
    For Immediate Release

    For media inquiries about ICE activities, operations, or policies, contact the ICE Office of Public Affairs at ICEmedia@ice.dhs.gov

    ICE operation in LA results in 212 arrests, 122 notices of inspection

    * Photos and b-roll available here and here

    LOS ANGELES – U.S. Immigration and Customs Enforcement (ICE) deportation officers and special agents arrested 212 individuals for violating federal immigration laws and served 122 notices of inspection (NOIs) to businesses in the Los Angeles area of responsibility (AOR) during a five-day targeted operation that ended Thursday. Eighty-eight percent of those arrested were convicted criminals.

    “Because sanctuary jurisdictions like Los Angeles prevent ICE from arresting criminal aliens in the secure confines of a jail, our officers are forced to conduct at-large arrests in the community, putting officers, the general public and the aliens at greater risk and increasing the incidents of collateral arrests,” said ICE Deputy Director Thomas D. Homan. “Fewer jail arrests mean more arrests on the street, and that also requires more resources, which is why we are forced to send additional resources to those areas to meet operational needs and officer safety. Consistent with our public safety mission, 88 percent of those arrested during this operation were convicted criminals.”

    During the operation, ICE’s Enforcement and Removal Operations (ERO) arrested 212 individuals for violating U.S. immigration laws. Of those arrested, 195 were either convicted criminals, had been issued a final order of removal and failed to depart the United States, or had been previously removed from the United States and returned illegally. More than 55 percent had prior felony convictions for serious or violent offenses, such as child sex crimes, weapons charges, and assault, or had past convictions for significant or multiple misdemeanors.

    These arrests were driven by leads developed by the local field office in conjunction with the Pacific Enforcement Response Center (PERC). ICE focuses its enforcement resources on individuals who pose a threat to national security, public safety and border security. However, ICE no longer exempts classes or categories of removable aliens from potential enforcement. All of those in violation of the immigration laws may be subject to immigration arrest, detention and, if found removable by final order, removal from the United States.

    Some of the individuals arrested during this operation will face federal criminal prosecutions for illegal entry and illegal re-entry after deportation. The arrestees who are not being federally prosecuted will be processed administratively for removal from the United States. Those who have outstanding orders of deportation, or who returned to the United States illegally after being deported, are subject to immediate removal from the country. The remaining individuals are in ICE custody awaiting a hearing before an immigration judge, or pending travel arrangements for removal in the near future.

    Also as part of this operation, ICE’s Homeland Security Investigations (HSI) served 122 notices of inspection to a variety of businesses in the Los Angeles area. A notice of inspection alerts business owners that ICE is going to audit their hiring records to determine whether or not they are in compliance with the law. If the businesses are found to not be in compliance with the law, they will face civil fines and potential criminal prosecution. Any potential criminal charges or other penalties will be coordinated with the U.S. Department of Justice. Similar notices of inspection were served several weeks ago to 77 businesses in northern California.

    Under federal law, employers are required to verify the identity and employment eligibility of all individuals they hire, and to document that information using the Employment Eligibility Verification Form I-9. A notice of inspection alerts business owners that ICE is going to audit their hiring records to determine whether or not they are in compliance with the law. Employers are required to produce their company’s I-9s within three business days, after which ICE will conduct an inspection for compliance. If employers are not in compliance with the law, an I-9 inspection of their business will likely result in civil fines and could lay the groundwork for criminal prosecution, if they are knowingly violating the law.

    In FY17, ICE conducted 1,360 I-9 audits and made 139 criminal arrests and 172 administrative arrests. Businesses were ordered to pay $97.6 million in judicial forfeiture, fines and restitution and $7.8 million in civil fines, including one company whose financial penalties represented the largest payment ever levied in an immigration case.

    HSI uses a three-prong approach to conduct worksite enforcement: compliance through I-9 inspections and civil fines; enforcement through the criminal arrest of employers and administrative arrest of unauthorized workers; and outreach through the ICE Mutual Agreement between Government and Employers, or IMAGE program, to instill a culture of compliance and accountability.

    By volunteering to participate in the IMAGE program, companies can reduce unauthorized employment and the use of fraudulent identity documents. As part of IMAGE, ICE and U.S. Citizenship and Immigration Services (USCIS) will provide education and training on proper hiring procedures, fraudulent document detection and use of the E-Verify employment eligibility verification program. Businesses can request more information about participating here.

    Despite state laws like AB450 that intend to interfere with federal immigration enforcement authorities, ICE expects employers and state officials to comply with federal law. Federal law established by the Immigration Reform and Control Act (IRCA) of 1986 requires employers to verify the identity and work eligibility of all individuals they hire. ICE is the federal agency responsible for enforcing these laws, which were set up to protect jobs for U.S. citizens and others who are lawfully employed, and to eliminate unfair competitive advantages for companies that hire an illegal workforce. ICE’s worksite enforcement investigators help combat worker exploitation, illegal wages, child labor, and other illegal practices.
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: