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Your Trusted Immigration News Source |
September 2008, Vol. 1, Issue 8
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GLG NEWS |
» Grzeca Law Group is fortunate to have the help of college students
during the summer. Alicia Merrick, a senior at UW-Oshkosh, and Rachel Peplinski, a
recent grad of Concordia University, have worked at our office for the past couple of years during
summer and winter breaks.
This summer, the legal staff was also aided by Law Clerk, Rachel Studinski. Although Rachel has returned to Marquette University Law School to finish her J.D. this winter, she will remain with us during the school year.
We appreciate the help these students provide to
us and wish them all the best during the coming school year!
» Despite the rainy weather, a few walkers participated in the Juvenile Diabetes Research Foundation Walk to Cure Diabetes in Milwaukee September 13. Photo
» We have a new look! Keep your eyes open for our new logo, stationary and business cards.
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QUOTABLES |
"America
was indebted to immigration for her settlement and prosperity. That part
of America
which had encouraged them most had advanced most rapidly in population,
agriculture and the arts." - James
Madison
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GLG Employer Compliance Services
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-
I-9 Audit / Compliance Review
- Immigration Hiring and Reimbursement Policies
- Worksite Enforcement Policies
- Social Security No-Match Policy
- Mergers & Acquisitions Advice
- Pre-hiring, Discrimination and Post-employment Immigration Issues
- H-1B Public Access File Compliance
- Host an I-9 Webinar for your company
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IMMIGRATION IN THE PRESIDENTIAL CAMPAIGN
Presidential Candidates on Immigration
When it comes to immigration, Senators Obama and McCain share some views and differ on others. Read »
DOS DELIVERS ON PROMISE OF RETROGRESSIONS, NOT AVAILABILITY
October 2008 Visa Bulletin Offers Little Hope for Green Card Applicants
The government's fiscal year began October 1. With it, the year's allotment of nonimmigrant visa numbers are released. However, due to heavy demand from previous years, the availability of visas has actually gone downhill. Read »
BACK TO THE DRAWING BOARD
ICE Scraps Scheduled Departure Program
Within three weeks of launching the program, U.S. Immigration and Customs Enforcement forgoes the Scheduled Departure Program favoring increased enforcement instead. What was it's purpose and why did it fail? Read »
TIT FOR TAT
Small Business Non-Retaliation Policy Announced
Small businesses often hesitate to file a complaint regarding policies or actions involving the USCIS fearing a backlash. USCIS has responded to these concerns by creating the Small Business Non-Retaliation Policy. Read »
IMMIGRATION BENEFIT OF THE MONTH
All About Employment Authorization Document
Employees who are not US citizens or Lawful Perment Residents (LPR) may need to apply for an Employment Authorization Document to prove they are authorized to legally work in the United States. Read » |
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When it comes to immigration, Senators Obama and McCain share some views and differ on others. Both are committed to finish securing the U.S./Mexico border. However, McCain now states that this must be completed before he will enact a guest worker program and support legalization for the undocumented already present in the U.S.
Like many others, McCain believes America's immigration system is broken. McCain's top immigration priority is to finish securing our borders. He proposed the implementation of a secure, accurate and reliable E-Verify system and wants to move ahead with the continued prosecution of "Bad-Actor" employers that continue to hire illegal immigrants. Once the "borders are secure," he also plans to implement a temporary Worker Program for both the high-tech and low-skilled sectors while protecting employment opportunities for U.S. workers. McCain is also committed to eliminating the "green card" backlog for individuals waiting legally outside of the U.S.
These latter provisions were originally proposed in his 2007 immigration bill, co-sponsored with Sen. Kennedy, a position he now has publicly retracted.
"John McCain has always believed that our border must be secure and that the federal government has utterly failed in its responsibility to ensure that it is secure. If we have learned anything from the recent immigration debate, it is that Americans have little trust that their government will honor a pledge to do the things necessary to make the border secure." - John McCain's website.
On September 10, Obama spoke to a crowd of Hispanic leaders about the one of the issues that has largely been ignored on the campaign trail, proclaiming "This election is about the 12 million people living in the shadows, the communities taking immigration enforcement into their own hand. They are counting on us to stop the hateful rhetoric filling our airwaves, and rise above the fear, and rise above the demagoguery, and finally enact comprehensive immigration reform."
According to Obama's website, there are three major problems with our current immigration system: the "exploding" population of undocumented immigrants, broken bureaucracy, and enforcement before reform mentality. Therefore, Obama has proposed five ways to fix this broken system: create and maintain secure borders, improve our immigration system by fixing the bureaucracy, remove incentives to enter the US illegally, bring people out of the shadows by creating a smoother path to citizenship, and work with Mexico to promote economic development.
With either as President, we look forward to a positive change in our immigration system.
Click here to learn more about their issues.
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October 2008 Visa Bulletin
Looking back at the May 2008 Visa Bulletin, visa numbers were quickly advancing and the U.S. Department of State (DOS) warned that this could result in the cutting off of visa numbers in the last fiscal quarter of 2008. Subsequent months saw retrogression and even complete "unavailability" in many categories. Throughout all of this, DOS maintained a positive tone, claiming that this would only be a temporary setback and a complete recovery of the cut-off dates would ensue with the beginning of the new fiscal year in October.
Interestingly, the only positive movement throughout these volatile months, was seen in the Employment-based Second Category for China and India nationals, providing a welcome piece of good news to applicants in these categories. However, their rapid advancement from April 1, 2004 to August 1, 2006 in a matter of 3 months proved to be short-lived.
Unfortunately, the October Visa Bulletin was just released last week and compared to the projections earlier in the summer, the government did not deliver on its promise. Visa numbers retrogressed for the Employment-based Second Category for both China and India. In addition, although visa numbers once again became available for all countries in the Employment-based Third and Other Workers categories, they came with a significantly retrogressed cut-off date. On the above chart,"C" means that visas are available for all qualified applicants, but are only available to those whose priority date is earlier than the cut-off date date in categories where a date is listed.
These retrogressions continue to have a negative impact on individuals waiting for the issuance of green cards. Therefore, we call upon Congress to pass, and the President to sign, H.R. 5882 the Lofgren/Sensenbrenner bill. H.R. 5882 would "recapture" both employment-based (EB) and family-based
green cards that Congress authorized in the past, but that went unused
due to government processing delays and would be a welcome improvement for green card applicants and the employers who seek to employ them permanently in the U.S.
To learn more about legislation and policy issues, click here.
To view the current and past Visa Bulletins, click here.
Read our previous article on H.R. 5882 here.
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ICE Scraps Scheduled Departure Program
Just last month, U.S.
Immigration and Customs Enforcement (ICE) made headlines by both launching and
then scrapping an immigration enforcement program within three weeks.
The
program, called Operation Scheduled Departure, was an attempt to have undocumented
immigrants with no criminal records turn themselves in for deportation within ninety days, after they have had time to get their affairs in order. The program applied to the almost half a
million undocumented immigrants in the U.S. who have ignored judicial
orders to leave the country. However, only eight individuals volunteered to return to their
home countries through the program. ICE
spent over $40,000 to advertise the program, but many argue it offered no real
incentive for immigrants to volunteer themselves for deportation.
Many fear that this failed program is just an attempt for ICE to justify its increasing home and worksite
raids. "To call the effort half-hearted
would give ICE half a heart too much credit," said Charles Kuck, President of
the American Immigration Lawyers Association (AILA). "It was never anything
more than a public relations ploy so that ICE could say in the end 'gosh, we
tried, but no one turned up, now we can go back to doing enforcement our way,'
which is precisely what they are now saying. It was never a serious effort."
As worksite
enforcement is becoming a bigger concern for many employers, we urge any company
with questions or concerns to contact our office to ensure that you are
protected.
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With significant personal and life altering implications, the interpretation of immigration laws, and whether or not a benefit is awarded, is up to the discretion of the review officer. With these officers under increasing pressure to push out cases and complete complicated reviews within minutes, it comes as no surprise that foreign nationals and their employers have questions or complaints about unsound interpretations or rude treatment during the process. Small businesses often hesitate to file a complaint or contact an
attorney regarding these problems due to the concern that in filing these complaints, it may create a hostile relationship with the Immigration Service, have a negative impact on future petitions or result in other retaliatory action by the government. Many question whether or not asking questions or lodging complaints will directly result in being on the "immigration radar" by causing attention to themselves.
In response to these issues, U.S. Citizenship and Immigration Services
(CIS) has adopted a Small Business Non-Retaliation policy. The agency issued a statement announcing that small
businesses that question CIS policies, or seek help from others to deal with a CIS problem, will not face retaliation. The statement further indicates that the agency will investigate and
"take appropriate action" if a small business files a complaint indicating that
it was retaliated against in violation of this policy.
If you have encountered problems with the CIS and would
like assistance with a problem or filing a complaint, please contact our office.
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All About Employment Authorization Documents
Regardless of citizenship or
national
origin, U.S. employers
must check to make sure all employees are allowed to work in the United States. If the employee is
not a U.S. citizen or a lawful U.S. permanent resident, they may need
to apply
for an Employment Authorization Document (EAD) as proof that they are authorized for employment in the U.S.
Spouses with L-2 visa classification are allowed to apply for an EAD, but children, however, in the same category are
not allowed to receive an EAD. In addition, neither spouses nor children in H-4 classification are authorized to receive an EAD. Other individuals
eligible to receive an EAD include: applicants to adjust to
permanent residence status; asylees and asylum seekers; refugees;
students seeking particular types of employment; people in or applying for temporary protection
status; fiancés of American citizens; and dependents of foreign government
officials.
As of July 30, 2007, the Application to Register Permanent Residence or
Adjust Status (I-485) now includes the required filing fees to apply for an EAD
card. As part or our regular business
practice, Grzeca Law Group includes the EAD Application with all I-485 Applications completed for individuals over the age of 14. This also allows spouses in H-4
classification who have a green card application pending to receive an EAD and U.S. work authorization, which they
would not normally be able to receive.
In addition, there is no filing fee required to extend an EAD received as part of an I-485 Application filed after July 2007.
Applications for EAD's, including those applied for as part of an
I-485 Application, are required by law to be adjudicated by CIS within 90 days.
Please contact our office for information regarding EAD's and the specific requirements and documentation necessary to file.
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Walk for a Cure
 Juvenile Diabetes Research Foundation International (JDRF) is the leading charitable funder and advocate of type 1
(juvenile) diabetes research worldwide. The mission of JDRF is to find a cure
for diabetes and its complications through the support of research. Type 1
diabetes is a disease which strikes suddenly and requires multiple injections of
insulin daily or a continuous infusion of insulin through a pump. Insulin,
however, is not a cure for diabetes, nor does it prevent its eventual and
devastating complications which may include kidney failure, blindness, heart
disease, stroke, and amputation. Since its founding in 1970 by parents of
children with type 1 diabetes, JDRF has awarded more than $1.16 billion to
diabetes research, including more than $137 million in FY2007. In FY2007, the
Foundation funded 700 centers, grants and fellowships in 20 countries.
For more information about type 1 diabetes and research efforts for the
cure, please visit www.jdrf.org. |
Grzeca Law Group, S.C. is an AV-rated law firm dedicated to providing superior professional service to the international business community by advising corporate clients on all aspects of employment-related immigration law.
Immigration Update has been prepared by Grzeca Law Group, S.C. for informational purposes and does not constitute legal advice. This information is not intended to create, and receipt of it does not consitute, lawyer-client relationship. Readers should not act upon this information without seeking advice from professional advisors. | |
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