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| Your Trusted Immigration News Source |
November 2008, Vol. 1, Issue 9
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GLG NEWS |
» Congratulations to Attorney Jerry Grzeca, who was recently accepted into the Academy of Hospitality Industry Attorneys (AHIA). AHIA was formed by a group of attorneys from across the United States who represent clients engaged in the hotel, restaurant, hospitality, travel, meeting, convention, tourism and related industries. The Academy aims to promote professionalism, education, and improved communication to create a network of competent, experienced attorneys to clients in the hospitality industries. For more information, please visit www.ahiattorneys.org
» Jerry was featured in a Wisconsin Public Radio news story about how a new Administration may affect immigration. ("Officials Discuss Obama's Take on Illegal Immigration", 11/06/08, http://www.wpr.org).
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QUOTABLES |
"The ability to attract people and
talent is the single biggest predictor of a city's economic success."
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New York City
Mayor Michael Bloomberg
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LATINO VOTERS IMPACT ON ELECTION RESULTS
Election Seen as Mandate for Comprehensive Immigration Reform
It is estimated that 9.2 million Latino citizens cast their votes on November 4th; an increase of 1.4 million over the prior presidential election. Read »
BUSINESSES AND UNIVERSITIES ARE SUFFERING
Rising Epidemic of the "Brain Drain"
Over one million immigrants who have college degrees are either unemployed or have a position that does not require any specific knowledge or skill. Sadly, due to the lack of visas available, many others are forced to leave the U.S. after completing their post-education training. Read »
GOOD NEWS FOR TNs
New Three Year TN Regulation
U.S. Citizenship and Immigration Service (CIS) has increased the maximum period of time a Trade-NAFTA (TN) professional worker from Canada or Mexico may remain in the United States before seeking readmission or obtaining an extension of stay from one year to three years. Read »
NO ROAMING CHARGES HERE
Constitution-Free Zone Controversy
According to numerous sources, 197.4 million people, an astonishing two-thirds of the U.S. population, live within 100 miles of the U.S. border. Law enforcement activity within this 100 mile zone has long been considered exempt from several protections in the U.S. Constitution, namely interrogation and search laws. Read »
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It is estimated that 9.2 million Latino citizens cast their votes on November 4th; an increase of 1.4 million over the prior presidential election. Given this change in demographics and strong voter turnout in this election, in many ways it was a call for change of the stagnate immigration policies of old. Undoubtedly, their choices had an impact on the outcome of the presidential race, especially in the battleground states of Virginia, Florida, and Ohio. These voters are a political power with considerable clout and a force for immigration reform in numbers too large for policymakers to continue to ignore. Ninety-three percent of Latinos nationwide have said immigration is important to them and these constituents are passionate in their support of immigration reform.
A Zogby/InterAmerican dialogue survey found that sixty-seven percent of Americans polled support a path to citizenship for undocumented immigrants if they pay taxes, pay a penalty, and learn English. There is also widespread support for expanding the temporary worker program to enable migrants to fill jobs without taking jobs from American workers. We join with the diverse voices already calling for immigration reform.
During his campaign, President-elect Barack Obama promised to place immigration as a top item on his agenda stating "We need immigration reform that will secure our borders, and punish employers who exploit immigrant labor; reform that finally brings the 12 million people who are here illegally out of the shadows by requiring them to take steps to become legal citizens. We must assert our values and reconcile our principles as a nation of immigrants and a nation of laws. That is a priority I will pursue from my very first day." He also stated "it's time for a president who won't walk away from comprehensive immigration reform when it becomes politically unpopular."
The Democratic platform supports comprehensive immigration reform; and this election has strengthened the Democratic majority in Congress. We call on President-elect Obama and the Democratic Party to take the necessary steps to begin this process now. Our country's past failure to update our immigration system have left us with a growing population of undocumented workers and no strategy to integrate them into America. Obama stated "Our country can be both a nation of immigrants and a nation of laws". Immigrants are people looking to fulfill the American dream of prosperity bringing with them skills, enthusiasm, a strong work ethic and new ideas to enhance the American melting pot. The time is ripe; let us begin the process of change without delay
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Rising Epidemic of the "Brain Drain"
To many immigrants, obtaining the "American Dream" has either become impossible or a frustrating reality. Over one million immigrants who have college degrees are either unemployed or have a position that does not require any specific knowledge or skill. Sadly, due to the lack of visas available, many others are forced to leave the U.S. after completing their post-education training, thereby utilizing their knowledge and newly acquired skills toward the profit of another country. This conflict results in a "brain drain" for the United States.
Sanjay Mavinkurve graduated from Harvard with a bachelor's and master's degree in Computer Science. He is credited with writing the first computer code for Facebook, which amounted to approximately $150 million in revenue in 2007 alone. Sanjay's fiancée lived in Singapore working as an investment banker. He wanted to bring her to the U.S., but the only visa she could obtain would not allow her to work. Because she did not want to leave her career, they chose instead for Sanjay to leave America, joining his fiancée in a country that would allow them both to live and work legally. This is an all too common story. Students who obtain their F-1 Visas can stay as long as they need to obtain their degree (typically four years), with one year after graduation to stay on Optional Practical Training (OPT). This gives students time to train in the field related to their degree and hope that there might be professional visa (H-1B) available to them when they are ready to upgrade their working status and commit to the United
States. However, there are not nearly enough visas available for all U.S. companies
to hire needed professionals every year. What choice do people in this position have but to leave, even if they desperately want to stay?
This broken process has a huge impact on the U.S. in several ways. First, the money that was being poured into the economy by thousands of immigrant students who want to enroll in higher educational institutions in the U.S is being lost as restrictive visa policies turn off would-be prospects because they know they will be forced abroad after graduation. Secondly, the U.S. employers are left without qualified workers to fill highly skilled positions. Lastly, these same immigrants who sought a U.S. education and were then forced abroad are now welcomed with open arms by top U.S. competitors in other countries.
The attraction to a U.S. education is grounded on many factors. Many of the world's top institutes are located here; Harvard, Yale, and Princeton, to name a few. Several of the most desired programs are taught by highly coveted professors whose origins are from all areas of the globe, many of which also come via petitions and visas in high
demand. The broken system actively recruits "brilliant" minds because we realize this is vital to our stature. We then educate them about culture, ingraining them into the American industry and social economics, making them a viable and contributing member of society. Once educated, we force top minds to return to their country or to be actively recruited by our competitors, burning the bridge we once extended. Our businesses and universities are suffering as a result.
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New Three Year TN Regulation
In a much-anticipated decision, the U.S. Citizenship and Immigration Service (CIS) has increased the maximum period of time a Trade-NAFTA (TN) professional worker from Canada or Mexico may remain in the United States before seeking readmission or obtaining an extension of stay. The maximum period was increased from one year to three years according to a final rule issued in mid-October. However, there is still no limit on the number of times a person can apply for a TN visa or seek readmission so long as the individual maintains the intent to only remain in the U.S. temporarily. The new rule also applies to corresponding TD classifications for the family members of TN employees.
The increase from one to three years will reduce costs for employers and the inconvenience for employees because they will no longer have to renew TN classifications each year. While, the new rule also seems to be an attempt by CIS to make up for the high demand of H-1B visas available to professional workers, it explicitly states that the TN classification still does not allow for "dual intent," meaning that employees in this nonimmigrant category are discouraged from simultaneously seeking an immigrant visa for permanent residence. The H-1B classification takes the opposite position.
At Grzeca Law Group, we have successfully obtained numerous TNs for our Canadian and Mexican clients. For more information about how this new CIS rule will affect your employees or for more information about TNs, please contact our office.
Read Press Release here.
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According to numerous sources, 197.4 million people, an astonishing two-thirds of the U.S. population, live within 100 miles of the U.S. border. Some commonly refer to this 100 mile area as a "Constitution-Free Zone." This is not a new claim, as the 100 mile radius has been recognized for years, but in light of significant changes in policy and procedure under the Bush administration and the emphasis on border control and anti-terrorism, the U.S. Department of Homeland Security, (DHS) along with its sub-agency, U.S. Customs and Border Protection, (CBP) are under intensified scrutiny.
Law enforcement activity within this 100 mile zone has long been considered exempt from several protections in the U.S. Constitution, namely interrogation and search laws. Essentially, DHS has taken the position that the rights granted to all individuals in the U.S. are not as strong or sometimes non-existent near the physical borders of the country, allowing the government to take actions that would normally be prohibited under the constitution. These practices have become increasingly controversial because of the development of various databases and tracking systems and due to the increased expansion of federal power in a changing political climate.
There are newsworthy stories that have come to light - the story of a U.S. citizen music professor added to a watch list and harassed at the Mexican border after participating in a peaceful demonstration to protect a state park, being one. These stories are counterbalanced by those of CBP claiming responsibility for the prevention of significant amounts of illegal drugs on U.S. streets and the clamp down on human trafficking within the "Constitution-Free Zone." As these initiatives bleed well beyond the 100 miles of border into the remaining third of the U.S, many citizens question the sanctity of the constitution in light of heightened fear and diminished constitutional protection.
Grzeca Law Group has vast experience and solid relationships with various agencies, embassies and consulates, and works diligently to protect the rights of clients. Navigating through the system is what we do best, so please do not hesitate to contact our office with any questions or concerns in the changing global climate.
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Diversity Visa Lottery
Tired of waiting for an immigrant visa to become available? The Diversity Visa (DV) Lottery program makes a maximum of 55,000 immigrant visas available each year and may be a great alternative or supplemental route to receiving a green card for any eligible applicant, including those who have already begun the application process for permanent residence through employment or family relationships in the U.S.
The entry period is open now through December 1, 2008. The applicants selected by a computer-generated, random lottery drawing will be notified by mail between May and July 2009.
Please contact our office if you would like additional information on eligibility requirements or filing procedures. In addition, please feel free to share this information with anyone who may be interested in participating in the Diversity Visa Lottery.
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Fiscal Year 2010 H-1Bs
It's never too early to plan ahead. Now is a great time to start thinking about your company's employment needs for next year. With a limited number of H-1B visas available each Fiscal Year, we strongly encourage preparing well in advance to avoid a last minute crunch and to overcome any unforeseen obstacles along the way. Petitions for prospective H-1B candidates can be filed no sooner than April 1, 2009 for a start date of October 1, 2009. However, as seen in years past, it is essential to file these Petitions on the first date available due to the high number of petitions filed across the U.S. and the lottery system of selecting applications for processing.
Please contact Grzeca Law Group should your company wish to begin the process of preparing H-1B petitions for any of your current or prospective employees. We have a great success rate with H-1B Petitions.
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DHS Prepares for Take-Off with New "Secure Flight" Program
The Department of Homeland Security (DHS) has announced that it will launch a new program to validate the identity and information of individuals traveling by air early next year. The goal of the program is to prevent travelers from being mistaken for those on national security terrorist watch lists. Wrongly identifying travelers as threats to national security has been a major issue for those traveling by airplane since 9/11 including Senator Ted Kennedy, infant children, and thousands of other innocent Americans. The Transportation Security Administration (TSA) has established an appeals process for passengers who claim to have been misidentified and subsequently placed on the terror watch list. As of the end of September, the TSA had received more than 40,000 claims.
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Bush Expands the Visa Waiver Program
On October 17, President George W. Bush held a press conference with the leaders of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, and South Korea. DHS will expand the Visa Waiver Program, which allows citizens of member countries to travel to the United States for tourism or business without a visa. In the press conference, President Bush stated that "For years the leaders of these nations have explained to me how frustrating it is for their citizens to wait in lines and pay visa fees to take a vacation or make a business trip or visit their families here in the United States.... Extending this opportunity to some of our closest allies deepens our friendship and makes all our countries safer." Prior to travelling to the US, individuals will be required to register their trip through an online system, known as the U.S. Electronic System for Travel Authorization (ESTA). This electronic application also requires individuals to have a valid, tamper-proof, biometric passport.
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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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