Last Day For Substitution Comments
The deadline for submitting comments to DOL on allowing the substitution of alien beneficiaries on permanent labor certification applications is April 14, 2006. Comments can now be submitted by email with RIN 1205-AB42 in the subject line of the message. For those with substantive comments, please note two items of form which will help your comment to have impact: (1) make sure that your comment is addressed as exactly as indicated in the Federal Register notice (2) qualify yourself for your comment, i.e. explain via your particular expertise/perspective why you have an opinion which DOL should take into account. For the full substitution proposal and request for comment, see here. AILA has provided an easy to use form for online comments, see here.
We encourage all our readers to send in their comments.
At 71 FR 7659 DOL says "The DOL has concluded that tolerating the sale of a public benefit is simply bad government." In recent years, governments across the world have come to realize that a healthy dose of free market capitalism is good government. Indeed, much of the current cellular phone radio spectrum was allocated through free transactions by the industry outside of FCC diktat. The DOL officials drafting this proposed rule seem to have read too much of Karl Marx and too little of Adam Smith. The key proof of this appears at 71 FR 7660 where DOL says "The Department is proposing in 20 CFR 656.12 to prohibit improper
commerce and several types of payments related to permanent labor
certification applications and certifications." What exactly is "improper commerce?" The same paragraph quoted above says "proposes in Sec. 656.12(a) to create an explicit and complete ban on the sale, barter, and purchase of labor certification
applications and certifications." So, if "improper commerce" is "an explicit and complete ban on the sale, barter, and purchase", what is the proper commerce that DOL would implicitly bless? It is clear that DOL is against commerce as good Marxists would be. Only that explains the pejorative use of "black market" throughout DOL's comments to the proposed rule. With this dim view of the market and market forces at DOL, it is small wonder that America's employers feel intimidated from availing themselves of the labor certification provisions that Congress has enacted into statute. That would explain why at 71 FR 7661 DOL estimates that only 60,000 out of over 22 million small businesses in the US avail themselves of labor certification. DOL deserves no small part of the blame in forcing American employers to hire aliens without documentation.
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Adjustment In Family/DV Cases
The curriculum for the Family/DV session of "Adjustment Of Status In Immigration Practice Today" is as follows:
The deadline to sign up is Tuesday, April 18th. For more info, including
speaker bios, detailed curriculum, and registration information, please see:
http://www.ilw.com/seminars/march2006.shtm. (Fax version: http://www.ilw.com/seminars/march2006.pdf
- Direct Filing (Lockbox) Updates - problems and
- V visa update - one year after Akhtar
- Who does Akhtar not cover?
- VAWA Adjustments - procedures and tips
- Discussion of DV Lottery adjustment procedures & issues
- Security Name Check problems & resolution - Mandamus?
Tax Treaty Benefits For Students And Business Apprentices From India
Paula Singer, Esq. writes The United States has income tax treaties with over 60 countries, all of which provide exemption from tax for residents of the treaty country who come to the US for the primary purpose of their education or training."
DOJ Immigration Litigation Bulletin: October 2004
The Department of Justice Office of Immigration Litigation released the October 2004 issue of its publication, Immigration Litigation Bulletin.
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Mr. Lee's article (04/12/06 ID) claims that U.S. foreign policy creates forced migration. Agreements such as NAFTA and CAFTA have been eagerly sought by foreign governments, and agreed to by the US government even when it harmed American workers. Mexican workers, for example, were supposed to be employed in maquiladoras created by US firms, and that has happened. However, China has also emerged as a competitor to cheap Mexican labor, and can underbid Mexico. That is not the result of US foreign policy. If anything, one should consider the domestic and foreign policies of countries such as Mexico who support illegal immigration as a way to alleviate their own political and social issues, and get dollar remittances to prop up their economies. His article also claims that "undocumented workers deserve more than second-class citizenship". They do not have any citizenship or legal status in the US, hence are not even second class citizens. Nor should they be. They should be first class citizens - in their home countries. Many of us have wondered, I'm sure, just why it is that illegal aliens have the nerve to march for "rights" in the US, but are so reluctant to do so in their home countries. Or, is building their home countries just work illegal aliens won't do? Finally, the article notes that Mr. Reagan's amnesty provided legalization for 6 million people. However, Mr. Reagan's amnesty was originally sold as being for 300,000 illegal aliens. The enforcement provisions in that program were gutted by Senator Kennedy - the same Senator who is now sponsoring an amnesty bill in the Senate. As Senator Tom Tancredo noted in a letter to the WSJ recently, it is this earlier action by Mr. Kennedy which makes his colleagues reluctant to trust any amnesty program without enforcement first.
No doubt some government committee would, after several months of study and millions of taxpayer dollars wasted, determine that the Mexican raccoons, rats, bears and snakes are just killing the prey that American animals are
unwilling to hunt. Congress should congress some sort of 'animal amnesty' for these hard working foreign creatures that are just trying to feed their families. Perhaps there could be a new kind of "L1" visa - an "intra-species" transfer? (see 04/12/06 ID comment).
My Immigration Daily is back (see 4/10/06 ID). I appreciate getting the Daily via email again.
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All the people are talking about the comprehensive immigration reform
bill that is being discussed in the Congress. Congressmen should pay attention to those who have been
legally waiting for years for the immigration visa to be made available
to come to the US to join their parents. Separating the children from
their parents for years is not fair and just. The Diversity Visa is of no
use now, and it is only a burden to the tax payers. The sponsors that
sponsor for their children to come to the US, may have contributed to
the US by paying taxes for years before they sponsor. But, the DV does
not require any sponsors, and the DV winners start consuming the tax
payers' money as soon as they arrive to the US.Congressmen should abolish the DV program and transfer its allocated
50,000 immigrant visas to the family-sponsored preferences.
An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Copyright 1999-2006 American Immigration LLC, ILW.COM. Send correspondence and articles to firstname.lastname@example.org. Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.