CIR In 2009
There are surprising (and positive) developments to report on CIR. The House
appears to be getting its act together on immigration, Immigration Daily has
learnt that Rep. Conyers and Rep. Lofgren have made significant progress in
writing a massive CIR bill. Furthermore, The Hill reports that "House Speaker Nancy Pelosi, who did not bring the issue up
last Congress, appears to be throwing more support behind the initiative
this time." A major immigration bill, backed by the full Democratic
leadership of the House is likely to be ready for hearings and markup in a
couple of months. This development is particularly heartening in that
positive signs from the House were not visible earlier this year. However,
on the flip side, despite repeated pro-immigration rhetoric from Sen. Reid,
Majority Leader of the Senate, Immigration Daily has learnt that there are
no plans this Spring for any major bill, hearings or markups in the Senate
Judiciary Committee or the Senate Immigration Subcommittee. Thus the order
of events on CIR (the economy permitting, of course) appears to be first the
House, then the Senate, with the final vote likely to be in the Fall. As to
the content of the bill, as we have reported before, the bill will likely
have two legs - benefits (legalization and increased permanent quotas) and
enforcement (mandatory employment verification and border enhancements).
Missing is the "third leg" of McCain-Kennedy - guest workers will likely be
postponed to a future Congress to handle. As the Los Angeles Times reports
"The new proposal, as laid out by several participants in the
behind-the-scenes negotiations, would also create an independent commission
that would assess labor and industry data to decide how many foreign workers
should be allowed into the country. The system, designed by Ray Marshall, a
Labor secretary under President Carter, would replace a maze of special
temporary worker visas that are granted each year to high-tech specialists,
agriculture workers and other foreigners brought into the U.S. by foreign
and domestic firms."
The key issue in obtaining benefits in the 111th Congress will likely be the
Senate cloture vote. Getting to 60 votes will likely need as many as 10
Republican votes. The National Journal reports that Sen. McCain, the erstwhile Republican leader on immigration matters, is
"angry and frustrated" by the 2-to-1 support of Obama by Hispanics. Mr.
McCain's misgivings are emblematic of wider problems connected to
immigration afflicting the Republican Party as seen in this report in the
Washington Times: which read "The mood was distinctly downbeat at times at a recent Capitol
Hill gathering sponsored by the Republican National Hispanic Assembly (RHNA)
on the "Future of Hispanics in the GOP." For some, the basic question was
whether there was any future to discuss."
Given that Republican Senate support for CIR will be absolutely pivotal to
passage (since several Democratic Senators can reliably be expected to
defect), Congressional passage of CIR is anything but certain. However,
lesser immigration compromises in Congress are possible such as permanent
E-Verify extension in exchange for DREAM and/or AgJOBS and/or 245i. Still another
possibility, in the event that the deep recession makes Congressional action
difficult, is that the Executive Branch will take some muscular steps to
bring major benefits relief. Some of it could be along the lines suggested
by Gary Endelman and Cyrus Mehta who showed that there is ample room in the INA, for the Executive Branch,
acting alone and without Congress, to take decisive curative action (the key
being to separate permanent residency from the two critical benefits that
flow therefrom - legal work authorization and ability to travel; both of
these benefits can be made available, by Executive fiat within the current
statutory framework, to millions of immigrants - both present and future,
immediately, without any act of Congress).
Regardless of the specific path taken, there appears to be reason to believe
that 2009 is likely to have some good news for those long awaiting action on
immigration benefits. This is more than wishful thinking on our part. As
noted political analyst Jay Cost observes "President Obama has a unique opportunity. He cannot presume that it will
last long, that it will assuredly yield significant changes in policy, or
that he'll have another chance." Of particular interest is the graphic
showing "Ideological Scores of Congress" in Jay Cost's article, showing how
far and fast to the left Congress moved in 2006 (continuing in 2008). Such
drastic political changes occur but seldom in American history, and most
immigration advocates have not yet fully taken on board the opportunities
inherent in the new political landscape (we hasten to add that the with the
string of defeats suffered by immigration benefits since 9/11, this is
understandable, but it is no longer in sync with political reality on the
ground). Based on the huge swing shown on the graph, it's close to a sure bet that laws enshrining the liberal vision are much more than a possibility. It is not an accident that immigration has made it to the top half
dozen issues in the news for this Congress and this administration (with
EFCA, climate change, universal health care, investments in education, and
reordering budget priorities). As spring buds blossom across America,
immigration's moment in the sun will likely come before the first leaves
fall. Stay tuned.
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Today Is The Deadline For Health Care Visas For Beginners
Today is the deadline for the 3-part telephone seminar series “Health Care Visas For Beginners”, the curriculum is as follows:
FIRST Phone Session on April 8: Allied Healthcare Workers
SECOND Phone Session on May 13: Nurses
- Immigration Options:
- What temporary visa options are available?
- Which occupations qualify for EB-2 immigrant processing?
- Is a PERM application required?
- Healthcare Certificate:
- Which occupations require a healthcare certificate?
- Do the credentialing organizations differ in their standards for issuing healthcare certificates?
- How does the healthcare certificate coincide with state licensing?
- Cap Exempt:
- What if you missed the H-1b cap?
- Which employers are exempt from the H-1b cap?
- What's the latest on USCIS interpretation of "affiliation agreements"?
- License and Education Requirements:
- Which occupations require a license?
- What are the education requirements?
- What's the latest USCIS interpretation of Master's degree requirement for O.T.'s and P.T.'s?
THIRD Phone Session on June 3: Physicians
- Temporary Visas:
- Is H-1b an option for nurses?
- How does the H-1C visa work?
- What licensing and credentialing requirements apply?
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- Potential Pitfalls:
- What's the in-house media and union posting requirement?
- How to show ability to pay for multiple applications?
- What's the latest on "permanent" nature of the job?
- Can the employee pay for some of the costs?
- What problems arise due to retrogression?
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- Temporary Visas:
- What visa options are available?
- Are there prevailing wage issues?
- What licensing and credentialing requirements apply?
- What's the latest on H-1b cap exemption for physicians?
- Immigrant Visas:
- When to use EB-1, PERM or NIW?
- How to time a 212(e) waiver with immigrant processing?
- What's the latest on MBBS/MD equivalency?
- When does the foreign residence requirement apply?
- What waivers are available for physicians?
- What's the latest on the Conrad 30 program?
The Sincerest Form Of Flattery - Highly-Skilled Workers At Our Nations Shores: A Comparison Of America's H-1B And Israel's B-1 Expert Work Visas
Amit Acco and Shannon Rosenstein write "Like America, Israel is a country of immigrants. Israelis originate from every corner of the globe - Africa, Asia, Europe, Australia, and North & South America."
A Plan To Influence And Convince: Strategic Advice For The Legislative Passage Of CIR In 2009
Robert Gittelson writes "[President Obama] has asked for advice, and I have advice, so here it goes."
Immigrants Of The Week: Miguel Blas-Matus, Chien-Ming Wang, and Martin "John" Atalla
Greg Siskind celebrates the achievements of these select immigrants.
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EOIR Issues Latest Disciplinary Actions
The Executive Office for Immigration Review released its latest disciplinary actions: seven attorneys were immediately suspended; seven received final orders; one was reinstated.
Help Wanted: Immigration Paralegal
NYC - Established boutique law firm seeks experienced paralegal who desires to work from home, part-time. We specialize in O-1
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Help Wanted: Immigration Professional
New Orleans, LA - Tulane University seeks a dynamic immigration professional for the position of Program Manager in the Office of International Students and Scholars (OISS). The Program Manager: ensures Tulane's compliance with US immigration regulations and procedures with regards to H-1B and TN visas; is principal contact for the hiring of Tulane int'l faculty and staff; ensures intl'l faculty/staff receive proper immigration documentation and understanding of US immigration procedures; assists with F-1 and J-1 visa processing; helps retain int'l students to successfully complete academic course of study through programming. Requirements include: bachelor's degree and 2+ years int'l education experience at college level or equivalent. Salary is $34,080-$43,000/yr, depending on experience. To view full job details (scroll down to Manager, Program) and to apply visit here (refer to job listing #102583).
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Case Management Technology
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Immigration Appeals Court To Decide Within Days On John Demjanjuk's Deportation
If the appellate court rules against Demjanjuk, the 89-year-old could be deported as early as Wednesday to stand trial as an accessory to the deaths of 29,000 Jews at a Nazi death camp in 1943.
Advocates Want Halt on Immigration Raids to Ensure Accurate Census
U.S. Rep. William Clay says he'll ask the Obama administration to suspend immigration raids over the next year, so illegal immigrants don't worry that sharing accurate information with Census workers could somehow expose them to punishment.
U.S. Offers Refuge to Cubans, Even if They're Not From Cuba
Thanks to a recent twist on a relic of the Cold War, however, there is a welcome mat out for an expanding number of U.S.-bound migrants - so long as they can establish that they are citizens of Cuba, even if they have never set foot on the island.
Moments When You're Glad McCain Didn't Win
Immigration reform shouldn't be a "favor" to Hispanics - it should be good policy.
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ID already publishes an incredible number of foam-at-the-mouth nativists in
your letters column, but the 4/5/09 ID hits a new low by liking to an
article entitled "Catholic Church Encourages Illegal Immigration After
Losses From Molestation Scandal," with this blurb apparently added by
ID: "The coffers of U.S. Catholic churches have been running on empty and
the church sees the pocketbooks of illegal immigrants as its only
hope." That's not a news article. It's a blog posting by some wingnut in
Virginia, whose bio only says that he's employed "in the security
industry." The post, of course, has no evidence at all, just a spew of
anti-foreigner, anti-Hispanic, and anti-Catholic hate speech. There are
hundreds of real articles and thoughtful blog postings on immigration
published every day. ID should never publish rank garbage like that.
Bruce A. Hake, Esq.
Mr. Houghtaling's letter (04/07/09 ID) described what it called good police work ... let us not think all police are capable of doing it. Cheers for those who can and do.
The Catholic Church is made up of human beings who err and sin, but has
always followed Jesus Christ's example for over 2000 years in assisting "the
underdog" the poor and vulnerable in all countries of the world, regardless
of religious beliefs. Mr. Gibson's letter and other letters show their ignorance
and bigotry when they continue to bash both the Church and vulnerable people
struggling to survive in a strange land. As Catholics we and our leaders
believe that nations have a right to sovereignty, but not to maintain and
defend unjust laws. This nation has way too many of those. If you are so
patriotic (maybe Christian), why don’t you all work for our true American
Tim Houghtaling's letter (04/07/09 ID) tries to convince us that being a police state, is the same as "good police work". His letter refers to David Murray's letter on racial profiling (04/06/09 ID) talking about the increasingly prevalent rousting of anyone who is brown on Amtrak or Greyhound. Everyone on the bus is doing the same thing, traveling to another destination. There
is no "good police work" involved in demanding paperwork from only those passengers who don't pass the WASP test.
This is racial profiling and singling people out because they are not white is wrong. Many people who are not white and
not criminals are riding on buses and trains. They should not be singled out because they are a different race. If you watch
the news its become a new revenue source for small towns in hard times to pull over black families driving through Tehana TX,
and threaten to incarcerate them in the middle of no-where unless they sign over cash and waive rights to due process.
Hmmm, good police work? Or what about the professional ball player last week who was harrassed at the entrance to the
hospital because he rolled through a red light? Good police work, or cowboy nonsense because the man was black the cop
believed he had to be a bad guy. Police need to focus on what they are good at, detering street crime. Immigration law is
way beyond the understanding of the average beat cop.
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