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3900 Veterans Memorial Hwy
Suite 120
Bohemia, NY 11716
Tel:  631-588-4040
Fax: 631-588-7175
E-mail: mczwaik@zwaik.com
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2753 Coney Island Ave
Brooklyn, NY 11235
Tel: 718-891-0007
Fax: 718-891-1203
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Contents
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MITCHELL'S MESSAGE
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The year comes to a close with a disappointing whimper on the immigration front. Congress again failed
in its responsibility to take real action to resolve the immigration crisis that is burdening so many
American cities. Even the construction of a "fence" along the southern border turned into little more
than a last desperate ploy by Republicans to appear tough on immigration -- passing legislation to build
a fence, but failing to allocate funds to build it. Hopefully, the next Congress will join with the President
to pass meaningful immigration reform.
Locally, several immigration issues seemed to generate the most discussion: the new passport requirements
to take effect in January, the dwindling supply of H-2B visas necessary for seasonal businesses to hire
sufficient labor for next summer, and a new, tougher naturalization examination that has some permanent
resident concerned. More on these issues below.
Best wishes for a happy and healthy holiday season and new year.
If you have suggestions or comments about this newsletter, call me at 631-588-4040 or e-mail me at
mczwaik@zwaik.com.
Thanks.
Mitchell Zwaik
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IMMIGRATION NEWS
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H-2B's are Gone until April. Long Island is Likely Shut Out
The U.S. Citizenship and Immigration Services (USCIS) announced on December 5th that it had reached the cap of
33,000 workers for H-2B visas for the first half of fiscal year 2007. This means that employers who are seeking
to sponsor seasonal workers for the months of January, February and March have been shut out.
More importantly, the slow pace of approvals at the New York State level means that Long Island employers will
likely be shut out of these visas for the second half of the year as well.
H-2B visas provide employment authorization for foreign workers to come to the U.S. to work in seasonal or peak
occupations. Typically, these include East End restaurants, landscaping companies, and pool installation and
maintenance companies that are open ten months or less a year. New York is at a disadvantage versus the rest
of the U.S. in that the state Department of Labor must first approve the application before it can be forwarded
to the USCIS for final adjudication. Because New York State has only four adjudicators for the entire state, the
paperwork takes months longer to process here than in most other states. As a result, if these applications
have not already been filed for the second half of the fiscal year, beginning April 1st, there is little hope
that visas will still be available.
Passports to be Required for all Air Travel
Effective January 23, 2007 all citizens of the United States, Canada, Mexico and Bermuda entering the
United States by air will be required to present passports at Port of Entry. This will not immediately
affect those citizens entering the United States by land or sea, although that may soon change.
As early as January 1, 2008, U.S. citizens traveling between the United States and Canada, Mexico,
Central and South America, the Caribbean, and Bermuda by land or sea may also be required to present
a valid U.S. passport to enter the United States.
These changes are implementations of recommendations made by the 9/11 Commission, which became part of
the Intelligence Reform Terrorism Prevention Act of 2004. At present, Americans traveling back and forth
to Canada, Mexico, Bermuda and other Caribbean Islands can enter and leave the United States by presentation
of some alternate prove of U.S. Citizenship such as a birth certificate and driver's license. Those days
will soon be over.
U.S.C.I.S. Launches New Web Site
U.S. Citizenship & Immigration Services (USCIS) has replaced its old Web site with a new re-designed site that
should make it easier for visitors to navigate. The site at
www.uscis.gov
features a new tool bar that
allows visitors to easily access immigration forms. It also allows visitors to sign up for automatic USCIS
e-mail updates. The government reports that the site receives an average 135,000 visits per day.
U.S.C.I.S. to Test New Naturalization Exam
USCIS announced the release of a new "Pilot Naturalization Exam" consisting of 144 questions and answers.
The exam, according to USCIS Director Amelio Gonzales, will seek to test "the very values that make this Country
what it is, the very reason why you are raising your right hand."
Typical of the newly added questions are as follows: Question: What does "We the People" mean in the Constitution?
Answer: The Power of Government comes from the People.
The exam will continue to focus primarily on American history and government and once again the questions and
answers will be posted on the USCIS Web site. Director Gonzales noted that the current exam "encourages applicants
to memorize facts just to pass the test, but that doesn't guarantee that they understand the meaning behind the
question."
Under the current program, immigrants who have been permanent residents for five years, and in some cases
three years, can apply for U.S. citizenship through a process called Naturalization. The applicant completes
an application (Form N-400), undergoes a series of security checks, and is called in for a Naturalization
Interview. At the interview, the applicant must demonstrate
that he/she can read and write basic English and answer up to ten questions relating to U.S. government
and history. Those ten questions have come from a list of 100 questions and answers provided by USCIS.
The new questions and answers are part of a pilot program that will be tested in the Spring of 2007 with 5,000
volunteers in ten different cities around the United States. If questions that are not successful, they
will be weeded out, paring the list back down to 100 questions and answers.
Immigration Crackdown Continues in Western & Midwestern States
On December 12th, approximately 1000 Immigration and Customs Enforcement (ICE) agents entered six
Swift & Company meatpacking plants -- in Greeley, Colorado; Grand Island, Nebraska; Cactus, Texas; Hyrum, Utah;
Marshalltown, Iowa; and Worthington, Minnesota -- with warrants permitting the agents to search and apprehend
undocumented immigrant workers. According to a news release issued by ICE on December 13th, agents arrested 1,282
undocumented immigrant workers on administrative immigration violations, including 65 who were also charged
with criminal violations -- such as identity theft, re-entry after deportation, and other violations. ICE did not
bring charges against Swift officials during the raids.
The raids were conducted as part of a worksite enforcement investigation -- Operation Wagon Trail -- begun in February 2006
that uncovered a large identify theft scheme providing fraudulent social security numbers to large numbers of
unauthorized workers at Swift facilities.
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DID YOU KNOW?
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It's a myth that immigrants aren't really interested in becoming
part of American society.
Here are some facts about U.S. immigrants (note 1):
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Immigrants identify with America. "Nearly 70 percent of foreign-born Hispanics say they
identify more with the United States than with their country of origin," according to the New
York Times/CBS News poll. Only 16 percent, including those here fewer than 5 years, said they
identify more closely with their native country.
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Immigrant children learn English. In San Diego, 90 percent of second-generation immigrant
children speak English well or very well, according to a Johns Hopkins University study. In
Miami the figure is 99 percent.
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Naturalization rates are rising. Statistics from the 2000 census indicate a steady rise in the
naturalization rates of immigrants. In 2000, slightly more than 37 percent of all foreign-born
residents were naturalized, a 3 percent increase from 1997.
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Immigrants are more optimistic about the nation's future. "A poll of Hispanics finds that they are far
more optimistic about life in the United States and their children's prospects than are non-Latinos,"
according to an August 2003 New York Times/CBS News poll.
Note 1: Data published by American Immigration Lawyer Association
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