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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

Dear Editor:
I am a certified Immigration & Nationality attorney in California with over 30 years experience. Amnesty was granted in 1986 to millions of illegal immigrants in exchange for the right of the US government to require employers to hire only legally authorized persons to work in the US, i.e., a green card holder, US citizen, or an alien that has work authorization, such as in a political asylum approved case. The USCIS is not enforcing the law to require employers to hire only legal immigrants. The ICE is not enforcing the law nor did its predecessor. I-9 forms and the other documentation should be reviewed. It is true that the illegal immigrants have depressed wages in California and other parts of the county. However, if USCIS picks up the illegal immigrants that are employed by employers, without legal authorization to work, and fine the employers for such employees, it would probably stop a lot of illegal immigration. It is also my experience that illegal workers after obtaining lawful permanent residence don't want to work for minimum wages. Therefore, we don't need unskilled workers. The US laborers can do unskilled labor if they are paid a living wage. $6.75 per hour is too little. Illegal immigrants should be given an opportunity to apply for a labor certification that can qualify. Then they should be able to apply for 3rd Preference and Adjustment of Status. However, the DOL and the California EDD would have to speed up their procedures. The present procedure takes 3 years or more. By the time labor certification can be granted, the employee is no longer working there. The DOL and the California EDD should charge for their services to process Labor Certifications so that the government can hire more people to process these cases. 245(i) should be renewed, to allow for persons with approved EB-3rd Preference to adjust to lawful permanent residence.

Wellington Y. Kwan



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