A Note from the Editors:

Labor Certification Overhaul

The Department of Labor, Employment and Training Administration (DOL/ETA) recently solicited proposals to select a contractor to provide operations support to ETA's Division of Foreign Labor Certification in order to eliminate the current backlog. The Request for Proposal sheds insight into the changes that lay ahead in the Division of Foreign Labor Certification, including:

The pork-laden appropriations bills which Congress failed to pass this year include even more funding for the labor certification backlog reduction than the President's original request. Thus, it is very likely that very early next year, DOL will finally get a sufficient sum of money ($100 million plus) to eliminate the massive backlog. However, there are many points here that attorneys may want to note. The new process contemplated by DOL envisages what amounts to a "service center" concept, the first time that such a concept will be applied to a labor cert program. In states like California and New York, attorneys will have to re-evaluate their labor cert strategies since "regular labor certification" may no longer have a horrendous backlog in 2005. There may be another lesson to be drawn here - it pays to seek a benefit. Faced with unprecedented filings as result of 245(i), Congress ultimately, if belatedly, is about to appropriate the money necessary to process the deluge of applications.

We are sure to see major developments in labor certs in 2004. For the request for proposal in full, see below.

We welcome readers to share their opinion and ideas with us and other readers by writing to weeklyeditor@ilw.com.

Articles

Rear Platform and Other Informal Remarks in Massachusetts, Rhode Island, Connecticut, and New York: Presidential Paper Historical Series
President Truman sent this message to Congress on October 18, 1952.

President Bush Says He Wants To Match Willing Employers And Willing Employees
During a press conference, President Bush responded to a request for clarification on Sec. Ridge's comments about legalization and said, "...We need to have a immigration policy that helps match any willing employer with any willing employee ... Let me also clarify something. This administration is firmly against blanket amnesty."

Special Registration Modified, But Not Ended
Cyrus Mehta writes "The new rule amends the provision of 8 C.F.R. §§ 264.1(f)(3) and 264.1(f)(5), which required 30-day re-registration for those specially registered at a Port of Entry (POE) and annual re-registration for all who are subject to special registration."

Fields Of Misery: A Critical Analysis Of The 2003 Alien Farm Labor Legislation
Michael M. Hethmon of FAIR provides a critical analysis of the AGJOBS bill currently pending in Congress.

Nurse-Patient Staffing Ratios Affecting RN Recruitment
Carl Shusterman writes "However, one promising source of foreign-born nurses is being tapped by California hospitals. RNs who are Canadian citizens are able to obtain Trade NAFTA (TN) status to work in the US in as little as one day."

DOL/ETA Seeks RFPs For Labor Certification Applications
The Department of Labor, Employment and Training Administration (DOL/ETA) sought requests for proposals to select a contractor to provide operations to support the ETA's Division of Foreign Labor Certification with the creation of two fully staffed facilities. This document includes the five amendments to the RFP.

DOL/ETA Draft Training Manual For Centralized Processing Of Foreign Labor Certification BackLog
This draft training manual describes in detail the preparation for full-scale implementation and the viability of contracting out and centralizing the processing of the backlogged Foreign Labor Certification cases at a single location. This in connection with the proposed backlog reduction measures at DOL for which $100 million plus of government funding is to be appropriated in 2004 and 2005.

How To Get Prospects To Visit Your Web Site If Search Engines Fail You
Trey Ryder writes "Don't depend only on search engines to bring prospects to your web site."

Testimony On Visa Approval Backlog And Its Impact On Small Businesses
The House Committee on Small Business received testimony from the following individuals: Ms. Janice Jacobs Deputy Assistant Secretary of State for Visa Services, Department of State; Mr. William J. McHale, Vice President of Sales Kanawha Scales & Systems, Inc.; Mr. William A. Reinsch, President National Foreign Trade Council, Inc.; Mr. Robert Garrity, Jr., Deputy Assistant Director Federal Bureau of Investigations; Mr. Chip Storie, Vice President Aerospace Sales Cincinnati Machine (OH); Ms. Palma R. Yanni, President Elect America Immigration Lawyers Association.

How Do I Post Bond for an Alien in Detention?
Read a detailed response from the USCIS on how to post bond for an alien in detention.

ILW Highlights

Processing Times Updated

Texas and DOL processing times were recently updated.

Letters to Editors

To write to Editors, send emails to weeklyeditor@ilw.com.

Dear Editor:
In my opinion Sec. Ridge is on the right track of legalizing undocumented immigrants. All undocumented immigrants will be identified and become a member of society. This will also help the government increase revenues by requiring applicants to pay certain fees for processing applications instead of the government spending millions and millions of dollars deporting these undocumented immigrants. They keep coming back no matter how hard it is to cross the border.

D. ARC
East Brunswick, NJ

Dear Editor:
This is great but how about those who choose to do it the legal way. As it is, these people are waiting for years for their visa numbers. This is hardest for those in category 2B because they were left behind for being overage. These people could not even obtain visitor visas because in the warp logic of the consuls, these are intending illegal immigrants because they have petitions. Now, who in his right mind would want to violate immigration laws when he knows that he will forfeit his petition? On the contrary, these people will make every effort to stay clear of violating any US law. So before they think of legalizing the illegals, why not give a break to the legals first. Make them easier to come to the US, even as visitors only. Let people know that being law-abiding is also rewarded in the US.

Emer Apon

Dear Editor:
I read Immigrant's Weekly every week hoping for any good news about amnesty. I am an illegal alien, I am not a criminal. My husband came here for work, we are Canadians, my husband had a working visa and I had a visa for accompanying him. I made a mistake with the renewal of my visa and became illegal, since then the lawer told me not to get out of the country. It's been 6 years, I cannot go visit my family in Canada. My husband is always legal, he works, we pay lots of taxes, we bought a house, we live and spend here etc... but I am illegal and I cannot leave the country or I will not be able to come back to my husband and my house. I hear all the time about the legalisation of the mexican workers but what about all the other illegal people who are no more criminal then those mexican farm workers plus we are american and we speak and write english, I believe we deserve a chance too?

N.D.

Dear Editor:
The concept of legalization of undocumented aliens in the US is not a new concept but it is an old one being modified in stages of different phases from time to time in American history. If we go through American history, the present so-called citizen population were all once undocumented aliens only settled from centuries. When Secretary of DHS supports the idea of legalization to many of these undocumented aliens, it is a well-thought of idea for the welfare of humanity and the country as well. Once these aliens are legalized, it enhances the economic strength of the country along with physical strength, psychological strength, political strength. In fact, it is going to be only positive rather than negative in all aspects. If there is negativeness due to some opposition group of people to the above concept of legalization, it is only due to their ignorance of reality and practicality and also due to their haunted fear of terrorism anticipated from undocumented aliens. In a true sense, "the study of mankind is the study of individual mind", i.e. "If there is righteousness in the heart of an individual, there will be beauty in the character". If there is a beauty in the character, there will be harmony in the home" "If there is harmony in the home, there will be order in the nation"; "If there is order in the nation, there will be peace in the world". That is how our legalization helps to enhance world's peace. Hence, I respectfully approve of the Honorable Sec. Tom Ridge's proposal for legalization of undocumented aliens.

Venkateshwar Yenumulapally

Dear Editor:
My friend came to the US on a K-1 visa but married another citizen. For 2 years now she has no hope to legalize, because of the "severity of her crime". I think it is just ridiculous. Had she entered without inspection that would be OK, but like this, no…

Veronika Bari
Atlanta, GA

Dear Editor:
As much as I welcome a friendly gesture to immigrants from the Bush administration, I have some questions. What sort of legal status is Ridge talking about? Alien status? Permanant residence? I can understand providing alien status, but permenant residency status is another matter. What about people who go through all the ropes to be documented? Ropes which have become increasingly detailed, complex and expensive in post 9-11? Legalization places people who violated immigration law in a more favorable position than individuals who have paid the fees, disclosed personal information, gone for the interviews and yet will remain in a probationary sort of situation. Resident, but not quite for a given period of time. The potential consequences of being on probation can still result in a documented alien's deportation. When the alien is applying for permenant residency on marital or family grounds, this could result in the forced separation of parents and children, spouses etc. Doesn't legalization therefore, ultimately penalize people who complied with the law, and more so given the increased scrutiny in post 9-11 US?

Maria Allison

Immigrant Life

What Is An International Telephone Call?

An international call is a call placed to a different country than the one you are in.

Why Is Making a Telephone Call Important?

Calling family and friends in your home country can be an important way of staying connected with those you care about back home. It is also the quickest way to let them know you have arrived safely to your destination.

To learn more, see here.

Have a story that you'd like to share with us? Send your story as an immigrant to weeklyeditor@ilw.com.

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