| |
3900 Veterans Memorial Hwy
Suite 120
Bohemia, NY 11716
Tel:  631-588-4040
Fax: 631-588-7175
E-mail: mczwaik@zwaik.com
|
| |
2753 Coney Island Ave
Brooklyn, NY 11235
Tel: 718-891-0007
Fax: 718-891-1203
|
|
|
|
|
Contents
|
|
MITCHELL'S MESSAGE
|
|
|
The New York Times got it right in its lead editorial for the Sunday, February 20th edition, when it wrote:
"The New Year began with renewed optimism for the chances of sensible immigration reform in Washington.
The hope is justified, but time is short and real change will still require boldness and courage.
Citizenship must be the key to reform. Enforcement of laws cannot be ignored. Punish immigrants
who enter illegally, make them pay back taxes and fines, restrict their ability to get work through
deceit and false identities. But, open a path to their full inclusion in the life of this country."
If you have comments or suggestions about this newsletter, call me at
631-588-4040 or e-mail me at
mczwaik@zwaik.com.
Thanks.
Mitchell Zwaik
|
|
IMMIGRATION NEWS
|
|
|
Immigration Filing Fees To Rise 86% in June
The U.S. Citizenship and Immigration Services (USCIS) announced a proposal to increase filing fees for all
immigration benefits by an average of 86% on June 1, 2007. The sharp jump, which must still go through
several layers of administrative review, is intended to fulfill the Congressional mandate to make the immigration
benefits portion of CIS self-sustaining.
Emilio T. Gonzalez, Director of U.S. Citizenship and Immigration Services, appeared before the House Judiciary
Committee's Subcommittee on Immigration on February 14th to explain the increases. While federal regulation
directs that federal agencies charge the full cost of providing special benefits to the recipient when
calculating fees, USCIS loses $3 million a day, according to Gonzalez. The new fees will also allow USCIS
to become more efficient, cutting processing times on four key applications to less than five months by
September 2009. These applications, which account for more than a third of all applications filed, include
the I-90 application to renew a permanent residence card, the I-140 Immigration Petition for Alien Worker, the
I-485 Adjustment of Status, and the N-400 naturalization petition.
Although fees have increased on various applications almost every year in piecemeal fashion, this would be
the first across the board increase since 1998, when fees rose an average of 76%.
The proposal will require two 60-day periods of public comment before it can become law, thereby preventing
it from going into effect before June 1st. Gonzalez has proposed eliminating the fee for certain applications
that currently require one. These would include applicants that self-petition under the Violence Against
Women Act using form I-360.
U.S. Department of Labor Seeking Fees for PERM Applications
On the heels of the USCIS announcement of a proposed spike in fees for processing of immigration applications,
comes a request from the U.S. Department of Labor to begin charging for adjudication of applications for PERM
type Labor Certifications. The processing program is currently funded with resources appropriated by Congress.
The Administration is reportedly seeking to have the program self-supported by filing fees.
The Labor certification application is generally the key processing step for employers seeking to obtain permanent
residency for foreign workers. The approved application certifies that the employer has taken all necessary steps
to recruit U.S. workers for the position, but has failed to find a U.S. worker who is able, willing and qualified
to perform the work at the prevailing wage. Since March of 2005, these applications have been processed electronically
and this has reduced processing times from years to weeks. At the time of the switchover, 362,000 applications were in
the pipeline waiting to be adjudicated. DOL claims that 67% of these applications have been processed and that
the total backlog will be eliminated by September of this year.
At present, legal fees, recruitment expenses, and USCIS filing fees often push the costs of the average labor
certification into the neighborhood of $10,000 - a very expensive neighborhood for many employers and foreign workers.
The increases in both CIS and DOL filing fees will only serve to push many out of the process all together.
The authority to impose these fees was authorized by Title V of the Independent Offices Appropriations Act of 1952
(31 U.S.C. 9701).
TPS Re-Registration Complete
Over 300,000 citizens from Central America re-registered for Temporary Protected Status in the closing months of
2006, including 236,000 from El Salvador and 80,000 from Honduras and Nicaragua combined, according to the U.S.
Citizenship and Immigration Services. The TPS program allows citizens from El Salvador, who have resided continuously
in the United States since February 2001, and citizens of Hondurans and Guatemalans who have resided here continuously
since December 1998, to stay legally in this country and receive work authorization. The program was created in
response to a series of devastating hurricanes that ripped through that region in 1998 and 1999. Of those that applied
under the program, more than 90% have already been approved.
Passport Requirements In Effect
In a January 23, 2007 Press Release, DHS reminded the public that citizens of the United States, Canada, Mexico and
Bermuda are now required to present a valid passport at U.S. air ports-of-entry when entering from any part of the
Western Hemisphere.
Annual Update of the HHS Poverty Guidelines for 2007
The Department of Health and Human Services issued its annual update of the HHS poverty guidelines to account for
last calendar year's increase in prices as measured by the Consumer Price Index, effective January 24, 2007. These
guidelines are then converted into a sliding scale that increases along with the number of dependents of the
sponsoring family member. An American citizen with no dependents, petitioning for a foreign born spouse must
earn at least $17,112.50 per year. If that American sponsor has four dependents, the income level rises
to $30,162.50. If the sponsor's income is not sufficient according to the guideline, he or she will be
required to have an additional "joint sponsor" who can satisfy the income requirements.
The new income levels become effective April 1st.
|
|
EMPLOYER NEWS
|
|
|
April 1st Filing Date Approaching For H-1Bs
The April 1st filing date is rapidly approaching for employers to file new H-1B applications for professional
workers who were shut out of last year's allotment. Many employers were caught short last year when USCIS
ran through its annual allotment of the precious visas just 56 days after the filing date opened. As a result,
employers are being warned that they should file applications within the first days of April to avoid being
shut out again.
Congress has allocated a total of 65,000 new H-1B visas each year for new H-1B applicants. The fiscal
year begins on October 1st and new applications can be filed no more than 6 months prior to the anticipated
start date. Thus April 1st is the earliest possible day to file applications for new foreign workers to begin
work October 1st. Once the cap is reached, further applications are returned to the employer without being
adjudicated. Last year, USCIS hit the cap on May 26, 2006, with CIS announcing the cut-off on June 1st,
after many thousands had already been submitted.
The H-1B visa category is established for foreign professional workers coming to the United States to perform
professional work at a prevailing wage established by the U.S. Department of Labor. An additional 20,000 are
set aside for foreign workers who have obtained a Masters Degree or higher from a U.S. University. The cap
does not apply for foreign workers who have already received an H-1B within the last 6 years and are seeking
to change employers or extend their period of authorized employment with the same employer.
|
|
IMMIGRATION REFORM
|
|
|
House Immigration Subcommittee Members Announced
Congress continues to move forward, slowly but surely, toward a reconsideration of Comprehensive Immigration
Reform. On Wednesday, January 24, 2007, leaders of the House Committee on the Judiciary announced the
membership roster of the newly named Subcommittee on Immigration, Citizenship, Refugees, Border Security,
and International Law (formerly the Subcommittee on Immigration, Border Security and Claims). Representative
Zoe Lofgren (D-CA) will chair the sixteen-member subcommittee, and Representatives Steve King (R-IA) and
Elton Gallegly (R-CA) will serve as Ranking Member and Deputy Ranking Member, respectively.
Representative Jeff Flake (R-AZ), who served on the Immigration Subcommittee during the 109th Congress and
has been an outspoken supporter of comprehensive reform, was not reappointed to the Judiciary Committee by
the Republican leadership.
The Immigration Subcommittee is part of the larger House Judiciary Committee, which has jurisdiction not
only over matters related to immigration, but also over a range of judicial issues such as judicial proceedings,
federal courts, civil liberties, interstate compacts, and patents.
|
|
ASK THE ATTORNEY
|
|
|
Question:
I am still reading about immigration raids at employment sites. Are these raids occurring on Long Island?
Answer:
As of this writing, we have no news of such raids on Long Island, although they continue at many points around
the country. On February 22, 2007, U.S Immigrations and Customs Enforcement announced the unsealing of a 23 count
indictment against 3 Florida cleaning service executives. The charges included conspiracy to defraud the U.S.
government and harbor illegal aliens for profit. Additionally, ICE made 195 immigration violation arrests as
part of the ongoing investigation. A press release, a fact sheet, and a copy of the indictment are available
on the ICE website.
Question:
If I have already filed an application with immigration and the new filing fees go into effect, will they
apply to my case?
Answer:
No. Once you have paid the fee and the fee is accepted by USCIS, you will not have to pay any increased fees
for that application even if it is still pending. New or additional applications, such as renewals for work
cards, will be charged the new fees.
Question:
I applied for citizenship more than two years ago and had my interview with the immigration at Garden City
last June. I was told at the interview that I had passed all of their tests and I would receive notice of
when to come back for the swearing in, once they had completed their security checks on me. This has
still not been done. Is there anything I can do?
Answer:
Unfortunately, not much. For a time, USCIS was requesting that the FBI expedite name check clearances when
the applicants filed a writ of mandamus in federal court. CIS announced recently that it had discontinued
that practice. Now, they will expedite clearances for only one of four reasons: (1) military deployment;
(2) When a child is about to turn 21 and may become too old to receive certain immigration benefits;
(3) For "significant completing reasons" such as critical medical conditions; and (4) When the applicant
is in danger of losing social security or other related benefits.
|
|
DID YOU KNOW?
|
|
|
It's a myth that immigrants contribute little to American society.
Here are some facts about U.S. immigrants (note 1):
- Immigrants help with the retirement of the baby boom generation. While countries in Europe
and elsewhere will experience a shrinking pool of available workers, the United States, due to
its openness to immigration, will continue healthy growth in its labor force and will reap the
benefits of that growth. Federal Reserve Board Chairman Alan Greenspan has stated that
"Immigration, if we choose to expand it, could prove an even more potent antidote for slowing
growth in the working-age population."
- Foreign-born expertise aids U.S. research and development. Foreign-born scientists and
engineers make up 28% of all individuals with PhDs in the United States engaged in
research and development in science and engineering, helping to spur innovation.
- Immigrants contribute to entrepreneurship. Inc Magazine reported in 1995 that 12%
of the Inc 500 -- the fastest growing corporations in America -- were companies started by immigrants.
- Immigrants show positive characteristics. A Manhattan Institute report showed that
immigrants are more likely than are the native born to have intact families and a college degree
and be employed -- and they are no more likely to commit crimes.
Note 1: Data published by American Immigration Lawyer Association
|
|
|
