Immigration Update
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Your Trusted Immigration News SourceFebruary 2011, Vol. 4, Issue 3 


GLG NEWS
New Additions to GLG:
  • Maria Ferreira - Bilingual Receptionist
  • Franz Lemus - Bilingual Legal Assistant
Milestones:  
  • Rose Widmann celebrated her 4th anniversary with GLG in September.
  • Erin Murphy celebrated her one year anniversary with GLG in December.   
  • Carri Spencer celebrated her 11th anniversary with GLG this month. 
Special Announcements: 
  • We opened a Madison, Wisconsin office focused on our Family/Deportation Practice on April 1.
» Have you looked at our website lately?  It contains a lot of information!

»  Are you LinkedIn? Join Jerry's network to stay connected.
 
In the News: 

» 
Jerry discussed the Arizona law and its impact on immigrants in Wisconsin. Click here to listen. 

 » November 17, 2010 - Letter to the Editor, The Cap Times.  Click to read.
 
Presentations:

»  GLG continues to speak locally about immigration rights: 
  • January 6   
  • February 13
  • March 6
  • March 27 
Myth Busters 
Ending Birthright Citizenship Will Stop Illegal Immigration

Birthright Citizenship is guaranteed under the Fourteenth Amendment to the Constitution and serves as the cornerstone of American citizenship and civil rights.

The Fourteenth Amendment states that:

All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

With very few exceptions, everyone born in the U.S. is a U.S. citizen by birth, whether the child's parents are citizens, legal immigrants, or undocumented immigrants. Only the children of diplomats and invading armies are exempt from birthright citizenship.

Myth: We can easily change the Constitution and eliminate birthright citizenship.

Fact: Wrong. The Fourteenth Amendment is a fundamental piece of American history, law, and values. In addition, amending the constitution is unusually difficult.  Most commonly this is done through a two-thirds vote by both Houses of Congress (which can easily be blocked by either side) and then ratified by three-fourths of the States' legislatures.

Myth: Denying birthright citizenship to the children of immigrants would decrease illegal immigration.

Fact: Wrong again. Denying birthright citizenship to children of immigrants would actually increase the number of illegal immigrants in the U.S. because babies would be born without status. The myth that immigrants come to the U.S. illegally to give birth to "anchor babies" and obtain legal status is simply not true. Children born in the U.S. have to wait until they're at least 21 to petition for their parents. Even then there are many legal obstacles to getting a green card for their parents. In reality, ending birthright citizenship would mean that thousands of children would be born every year in the United States with no citizenship in any country.

Myth: Denying birthright citizenship to the children of immigrants would result in cost savings.

Fact: On the contrary, changing the simple rule that we have now (everyone born in the U.S. is automatically a citizen) would result in a significant burden on all Americans who would no longer have an easy and inexpensive way to prove their citizenship. The U.S. would have to create a national registry of citizens, and everyone born in the U.S. would have to have their citizenship adjudicated by a professional. Eliminating birthright citizenship would mean everyone would have to prove they are actually citizens-an even greater burden for minorities, the poor, and the uneducated. In other words, changing our citizenship laws would be incredibly costly for all Americans.

In sum, eliminating birthright citizenship would be unconstitutional, impractical, expensive, and complicated. Furthermore it would constitute an assault on the letter and the spirit of the U.S. Constitution as well as on the civil rights of all Americans.

Birthright Citizenship: Myths, Facts and Why It Matters by Michele Waslin posted on Friday, 18 September 2009
 
New Policy to Reduce the Backlogs in Immigration Court 
As of June 2010, there was a record backlog of 247,922 cases waiting to be heard by the Executive Office of Immigration Review (EOIR). The average time for a case to be resolved by the EOIR is up to two years.  Read more » 
 
 
ICE Schedules Another Round of I-9 Audits U.S. Immigration and Customs Enforcement (ICE) has scheduled 500 additional I-9 audits throughout the country as part of its continuing campaign to build criminal cases and bring employers into compliance with immigration law.  Read more » 
 
  
A Sharp Decline in Illegal Immigration 
According to a new report by the Pew Hispanic Center, the flow of illegal immigrants has slowed from an average of 850,000 people a year in first half of the decade to an estimated 300,000 people a year in 2009.  Read more »


 
Stimulate the U.S. Economy with Immigration 
Critics and immigration restrictionists often claim that immigrants are taking U.S. jobs. However, a group of economists has proven this theory false.  Read more » 
 
 
Export Control Regulations 

After February 20, 2011, CIS will require employers filing an I-129 for H, L, and O visa status on behalf of foreign nationals to certify that they have reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR).  Read more » 
       
H-1B Cap Update
The H-1B cap has been reached for Fiscal Year 2011. Therefore, new H-1B petitions cannot be filed again until April 1, 2011 for a start date on or after October 1, 2011. However, the cap does not apply to employers who wish to extend the H-1B classification of current H-1B employees or who wish to hire foreign nationals who already have an H-1B with another employer.

The cap also does not apply to higher education institutions and certain non-profit organizations. If your company would like to file an H-1B petition for Fiscal Year 2012, please contact our office immediately. We would also be happy to discuss other employment options that may be available.  

IMPORTANT REMINDER:
Form I-9 must be updated if an employee in OPT status has changed to H-1B status. 
Change for Employment Authorization and Advance Parole

According to the U.S. Citizenship and Immigration Services' (CIS) February 11, 2011 Press Release, Employment Authorization Documents (EAD) and Advance Parole documents will now be issued as one single document for certain applicants filing an Application to Register Permanent Residence or Adjust Status (I-485). 

 

When an individual files both an Application for Employment Authorization and an Application for Travel Document with their I-485, CIS will issue one card that looks similar to the current EAD, but it will also say "Serves as I-512 Advance Parole."  This new document will allow individuals to avoid carrying paper copies of their Advance Parole documents making it both more durable and more secure.

HR in Hospitality Conference 2011
Grzeca Law Group, S.C. was selected to present at the 2011 HR in Hospitality Conference located in Washington, D.C., April 4-6, 2011. GLG attorneys will be presenting a panel discussion entitled, "Between a Rock and a Hard Place: How to Manage Immigration Worksite Enforcement."

We are delighted to offer you the Speakers' Colleague Discount of $50 off of the already discounted Pre-Early Bird rate for $450 in total savings. To register, visit www.HRinHospitality.com or call toll-free (800) 727-1227. Be sure to use Promo Code SPK11 to receive the savings. 

New Filing Fees Began November 23rd!
U.S. Citizenship and Immigration Services announced an adjustment of fees for immigration applications and petitions.  There have been some increases and some reduction of fees.  For a complete listing, please click here.  
ATTENTION: New look for Permanent Residence Cards
U.S. Citizenship and Immigration Services (CIS) has redesigned the Permanent Residence Card adding several security features to prevent counterfeiting and tampering. The new card offers technology designed to better serve law enforcement, employers and immigrants. The most obvious change is the color; green for easy recognition.
GLG Employer
Compliance Services
  • I-9 Audit / Compliance Review
  • Social Security No-Match Policy
  • Mandatory E-Verify Requirement
  • Worksite Enforcement Policies
  • Pre-hiring, Discrimination and Post-employment Immigration Issues
  • Immigration Hiring and Reimbursement Policies
  • Mergers & Acquisitions Advice
  • H-1B Public Access File Compliance
  • Host an I-9 Webinar for your company
Quote of the Month
Are You Serious About Jobs?
"Immigrants don't stand in the way of economic growth-they actually feed it. Numerous economic studies from across the ideological spectrum show that immigrant workers are important to economic growth." Angela Maria Kelley, Gebe Martinez, Mar. 2, 2010.
Quick Links
New Policy to Reduce the Backlogs in Immigration Court

We all recognize that the current U.S. immigration system is broken. Though admittedly an emotionally charged debate, there are some facts that are simply irrefutable. First, the sheer quantity of people involved makes the problem complicated. Second, SB 1070 and similar legislation is a direct result of having an outdated and non-functioning system in place. Lastly, something has to be done about the extreme backlog of cases in order to move forward.

This past August, ICE issued a memorandum entitled "Guidance Regarding the Handling of Removal Proceedings of Aliens with Pending or Approved Applications or Petitions." This memorandum describes a new ICE policy for handling cases before the Executive Office of Immigration Review (EOIR), commonly referred to as Immigration Court, when the immigrant in proceedings has an application or a petition filed by him, or on his behalf with a different agency.

As of June 2010, there was a record backlog of 247,922 cases waiting to be heard by the EOIR. The average time for a case to be resolved by the EOIR is up to two years. Furthermore, the EOIR identified approximately 17,000 removal cases that were delayed due to a pending petitions or applications with the CIS as of July 2009. ICE recognized that this number could decreased greatly by initiating this new policy while encouraging agencies to work together.

ICE's memorandum entitled "Guidance Regarding the Handling of Removal Proceedings of Aliens with Pending or Approved Applications or Petitions" advises that ICE officers and lawyers should dismiss a case, without prejudice when the immigrant does not have a criminal record and it is likely that CIS will approve the immigrant's applications for permanent resident status. Many of these cases involve immigrants who are married to U.S. citizens and have U.S. citizen children.

Also per ICE's memorandum, when an immigrant is detained and in removal proceedings before the EOIR, CIS is instructed to expedite the decision regarding this individual's application or petition within 30 days of receiving the file. However, if a person is not detained, the application or petition should be adjudicated by CIS within 45 days. This new policy will hopefully decrease the backlogs, help to create a more fair and expeditious process for immigrants, and promote family unity.
ICE Schedules Another Round of I-9 Audits
 
U.S. Immigration and Customs Enforcement ("ICE") has scheduled 500 additional I-9 audits throughout the country as part of its continuing campaign to build criminal cases and bring employers into compliance with immigration law. Many of the audits are triggered by complaints or leads regarding employers who are suspected of hiring undocumented workers and paying unfair wages to or otherwise exploiting the workers.

Employers are required to verify employment eligibility of each person hired in the U.S after November 6, 1986 and to keep a record of the verification process on an I-9 form. Employers must maintain I-9 forms for all current employees and for terminated employees for one year after termination, or three years from the date of hire, whichever is later.

ICE notifies employers of the audits by serving a Notice of Inspection requiring the employer to turn over the company's I-9 forms within three business days. The Notice is typically accompanied by a subpoena requiring production of documents such as lists of current and terminated employees with dates of hire and termination, payroll records, quarterly tax statements, hiring policies and procedures, and a list of contractors used in the employer's business during the audit period.

Even civil penalties for first offense non-compliance can be costly, ranging from fines for each undocumented worker of $110 to $1,100 for serious or uncorrected technical violations and $375 to $3,200 for knowingly hiring or continuing to employ undocumented aliens. ICE collected $5.3 million in fines from employers in FY2010, a 500% increase over the prior fiscal year.

ICE considers five factors in determining penalty amounts: the size of the business, good faith effort to comply, seriousness of the violation, whether undocumented workers were found, and any history of previous violations.

This latest investigative sweep by ICE comes after I-9 audits of 1,676 businesses in July and November 2009, resulting in $1.275 million in penalties. However, these results are preliminary, since ICE is seeking fines of $6.7 million against 127 employers, and has not yet determined fine amounts for an additional 505 employers.

A Sharp Decline in Illegal Immigration

According to a new report by the Pew Hispanic Center, the flow of illegal immigrants has slowed from an average of 850,000 people a year in first half of the decade to an estimated 300,000 people a year in 2009. The biggest drop noted in this recent report, 22 percent from 2007 to 2009, was in the number of unauthorized immigrants from Latin American countries other than Mexico. Although some argue that these changes are attributable to tougher border enforcement strategies, many believe these changes more closely relate to the devastating effect of the recession on the U.S. job market.

In a recent statement by Deputy Press Secretary Matt Chandler, the Obama administration attributed this recent drop in illegal immigration to the "Administration's unprecedented commitment of manpower, technology and infrastructure to the Southwest border . . ." The Obama Administration's strategy has included aggressive criminal and civil enforcement against employers who knowingly hire undocumented workers, expansion of programs such as E-Verify and IMAGE, and vastly increased numbers of Immigration and Customs Enforcement agents, fencing, and other technologies along the Southwest border. However, he Deputy Press Secretary's statement strongly contradicts the Pew Hispanic Center's noted 22 percent drop in illegal immigration from Latin American countries other than Mexico.

Others, such as Christine Thurlow, a professor of public policy at New Jersey's Rutgers University, believes the noted drop in illegal immigration is less attributable to the Administration's increased enforcement efforts than to the devastating effect of the recession on the U.S. job market. In an interview with the Boston Herald, Professor Thurlow, stated "To me, the decline demonstrates that jobs really are the key attractor." Professor Thurlow's belief that the decline in illegal immigration is more closely tied to the current U.S job market is shared by other experts and is consistent with reports showing the industries hit hardest by the U.S. recession include the housing, manufacturing, and hospitality industries.
 
Stimulate the U.S. Economy with Immigration

Critics and immigration restrictionists often claim that immigrants are taking U.S. jobs. Especially in a recession, some commentators call for decreased immigration to get unemployed Americans back in the workplace. However, a group of economists has proven this theory false. In fact, the contrary is true - increased immigration improves the country's economy by creating more U.S. jobs and increasing productivity.

Statistics have shown that immigrants stimulate the U.S. economy by sparking investment and promoting specialization. In addition to wealthy immigrant investors who open new businesses in the U.S., studies prove that additional workers at existing businesses allow the economy to grow. Businesses with larger workforces expand with more output by investing in additional equipment and structures to take advantage of the increased productivity.

A recent report from the Federal Reserve Bank of Dallas indicated that immigrants constituted 11.3% of the U.S. population, but 14% of the labor force. Statistically, American-born individuals tend to pursue different occupations than foreign-born workers. Economists have determined that educated, professional workers born in the U.S. tend to work as managers, teachers and nurses, while immigrants are more likely to work as engineers, scientists and doctors. Many economists theorize that U.S. nationals have better English communication skills and are more likely to take jobs involving communication-intensive tasks than immigrants.

Grzeca Law Group enthusiastically supports Congressional debate on a Comprehensive Immigration Reform bill that would remove barriers to both nonimmigrants and those seeking U.S. permanent residence. Please contact us if you would like to discuss how you can support this reform to improve the U.S. economy.

Export Control Regulations 

 

The Petition for a Nonimmigrant Worker (I-129), which is filed for most nonimmigrant classifications, now has a question pertaining to the applicability of export control regulations to employers and their employees. Export control laws have been on the books for years, but U.S. Citizenship and Immigration Services (CIS) is now questioning the "deemed export" of protected technologies to foreign nationals to ensure that employers are in compliance.

After February 20, 2011, CIS will require employers filing an I-129 for H, L, and O visa status on behalf of foreign nationals to certify that they have reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), and have made a determination as to whether or not an export control license is required to release any controlled technology or technical data to their foreign national employee. If an export license is required to be obtained before such release, the employer must attest that the worker will not be exposed to covered technologies without first obtaining an export license covering the foreign worker.

Specifically, the "export" of certain information can occur when the development, production or use of "dual use" products or software is disclosed, transferred or made available to a foreign national employee. Disclosing or transferring this information to a foreign national from India, for example, is deemed to be an export to India.

"Dual use" technologies means information that has both civil and military applications and is subject to one or more control regimes, such as National Security, Nuclear Proliferation, Missile Technology, or Chemical and Biological Warfare. Some technologies do not require any authorization because they are already "publicly available." These include patent applications, publicly available technology and software (other than software and technology controlled as encryption items) that are already published or will be published, technology which arises during or as a result of fundamental research, or technology that is educational.

Technologies which may require an export license can include: If the technology is on the list and it does not qualify for a license exception, U.S. entities must apply for an export license under the "deemed export" rule when both of the following conditions are met: (1) they intend to transfer controlled technologies to foreign nationals in the United States; and (2) transfer of the same technology to the foreign national's home country would require an export license.

We want to make sure that you do not make a misrepresentation on the I-129 in this regard, which would be a violation of federal law. If you feel that this regulation could apply to your company and its foreign nationals, please let us know immediately.
Grzeca Law Group (GLG) is a full-service AV-rated law firm dedicated to providing superior professional service to the immigration community by advising individuals on all aspects of immigration law. GLG works with families with a variety of immigration needs.

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.