Greg Siskind on Immigration Law and Policy

OPT GUIDANCE

NAFSA, the organization representing the nation's foreign student advisers, has posted a very helpful, very detailed 30 page document explaining the new OPT rule.

IMMIGRANT OF THE DAY: CARL DERASSI - SCIENTIST

Carl Derassi, Ph.D. is probably one of the most important figures in the 20th century and most people don't know much about him. Derassi, a Holocaust survivor who lived in Austria and Bulgaria before coming to the US at age 16, is one of the developers of the original oral contraceptive pill. PBS' outstanding series American Experience profiled the "Pill" in a recent episode and described the impact of the drug:

In May 1960, the FDA approved the sale of a pill that arguably would have a greater impact on American culture than any other drug in the nation's history. For women across the country, the contraceptive pill was liberating: it allowed them to pursue careers, fueled the feminist and pro-choice movements and encouraged more open attitudes towards sex.

Dr. Derassi's career took dramatic turns after inventing the Pill in the 50s. In the 60s, he founded a company that created a hormone to control fleas and other insects. His company was bought by Occidental Petroleum, making Derassi a very wealthy man.

Derassi has used his wealth to become a supporter of up and coming artists. And he has become a prolific author of fiction and non-fiction books as well as a number of plays.

IMMIGRANT OF THE DAY: GUILLERMO DEL TORO - FILM DIRECTOR

The Mexican-born director Guillermo Del Toro made entertainment headlines yesterday when he was named the director of a planned two part film adaptation of the J.R.R. Tolkien novel The Hobbit. Del Toro is now famous for directing the critically acclaimed film Pan's Labyrinth.

PROPOSED RULE TO EXTEND TN VISAS TO THREE YEARS COMING SOON

The Office of Management and Budget has cleared a proposed USCIS rule to allow TN visa holders to stay in the US for three years instead of the current one year limit. That's great news for Canadians and Mexicans who use this professional worker visa.

WHARTON SCHOOL STUDY: SKILLED WORKER SHORTAGE CONTRIBUTES TO OFFSHORING

Despite Lou Dobbs' twin attacks on H-1B visas and on offshoring, the actual connection between the two is the opposite of what Dobbs contends. A lack of access to skilled workers actually drives many companies to move jobs overseas where adequate numbers of skilled workers are available. We saw this a few months back with the big news that a lack of H-1B visas was the primary reason Microsoft decided to put a major research center in Vancouver rather than Seattle.

Now a new study from the University of Pennsylvania's Wharton School of Business and Careerbuilder.com confirms this. In the study, 27% of companies said the lack of needed skilled workers is the major reason behind offshoring of jobs.

LET THEM EAT CAKE

Tom Tancredo isn't the only anti-immigrant politician embarrassing Colorado. Representative Doug Bruce (R-Colorado Springs) has stirred up a hornet's nest of controversy when he criticized a proposed pilot program for legal temporary farm workers by saying Colorado does not need "5,000 more illiterate peasants." Bruce garnered headlines not too long ago when he was censured for kicking a photographer for the Rocky Mountain News, one of Denver's two main papers.  Whether Bruce will face any sanction is not clear.

DHS ANNOUNCES AIR EXIT TRACKING COMING IN 2009

The Department of Homeland Security has announced it plans to release a rule that will extend the US-VISIT entry/exit tracking system to exits from the US at airports and seaports around the country. Previously, the ability of DHS to implement an exit tracking system was considered doubtful given the costs and complexities involved.

The announcement was met with mixed reactions. The proposal would require airlines and cruise lines to collect the biometrics and pay the expense themselves. The cost for this would cost an estimated $2.3 billion over a ten year period, according to DHS, but airline industry spokespersons believe the number will be much higher and is a cost the airlines cannot afford right now while they struggle with high fuel costs, increased safety concerns and more and more passenger complaints. The Washington Post reports

Doug Lavin, regional vice president for the International Air Transport Association, which represents major U.S. and international carriers, said the government, not airlines, should collect fingerprints. "This is ludicrous," Lavin said. "We can't afford anything in the billions to support a program that should be a government program."

Fingerprinting an estimated 33 million departing foreign passengers a year will result in "delayed departures, missed connections here and around the world," Lavin said.

The Travel Industry Association which represents the entire travel industry including the airlines, issued a more conciliatory statement that acknowledges the need for the exit tracking system while noting that the cost should be borne by the government and not the travel industry:

The Travel Industry Association is committed to working with the Department of Homeland Security and other interested parties to ensure that a biometric air exit system is developed as expeditiously as possible.  TIA believes that an air exit system will encourage and enforce compliance with U.S. immigration laws and allow the Department of State to develop meaningful data on visa overstay rates. 
    
A stalemate between government and airlines – which threatens to end expansion of the Visa Waiver Program in 2009 – is not an acceptable outcome. Therefore, TIA will rally the travel community to support the quick implementation of a biometric air exit plan that meets homeland security goals and does not add new burdens to an already challenging air travel process.

 

CALIFORNIA LAWMARKER SEEKS TO RAISE AWARENESS OF DEPRESSION ERA DEPORTATIONS

I consider myself fairly knowledgeable about US history, but knew nothing about this story. It's important that we learn this history since mistakes resulting in the deportation of US citizens is becoming more and more common.

IMMIGRANT OF THE DAY: RANJAN DUARA, MD - SCIENTIST

Indian-born physician Ranjan Duara's groundbreaking research made headlines around the world today and probably was greeted by groans from many. The Mount Sinai Medical Center researcher led a team that has discovered that people who are prone to Alzheimer's Disease can actually hasten the disease's onset if they smoke or drink too much. The New York Times reports that Dr. Duara has two explanations for what may be happening. First is the role of smoking in cardiovascular disease. The second is a link between smoking and oxidative stress, an increase in damaging free radicals in the body.

REMINDER ON NEW MEDICAL FORMS

Those of you filing adjustment of status applications in the coming weeks should remember that the I-693 medical exam form is being updated and physicians must fill out the new form for examinations taking place after May 1st. If a physician signs the old form before May 1st, you can submit the old version. Make sure your physician is aware of the change as some of them may not know about the change.