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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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March Madness was not limited to college basketball this month, as immigration issues came to dominate the attention
of many around the country. The approach of the April 1st filing date for new H-1B applications set off a mad
scramble among foreign workers and U.S. employers desperate to grab one of the precious visas. The scramble
turned into a near panic as the American Immigration Lawyers Association (AILA) warned its membership that
the 65,000 nonimmigrant visas for professional workers might be exhausted on April 1st -- the first day of eligibility.
It is imperative that employers file for H-1Bs on April 1st (see Employer News below).
In Washington, the immigration madness took a different form, as news began to leak about the behind-the-scenes
wrangling over immigration reform in the Senate Judiciary Committee. Democratic Senator Ted Kennedy has
apparently been trying to liberalize last year's Senate bill in light of the new Democratic majorities.
Meanwhile, Republican Senator John McCain -- a key sponsor of last year's bill -- has been "reviewing his options"
in light of his presidential campaign and the opposition that immigration reform has sparked among conservative
Republicans in Iowa. A very maddening March and the madness has only begun. On a related note, the press
continues to report a building of optimism and momentum for passage of comprehensive immigration reform
in the near future. An article in a recent issue of CNSNews.com discusses the current situation
(see Immigration Reform below).
Other immigration issues that are making the news recently include a Freedom of Information Act
announcement, a new USCIS fingerprinting program, a DHS proposed change to state driver's licenses,
extensions for TPS work cards, and a re-introdution of the DREAM act in the Senate (see Immigration News below).
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
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IMMIGRATION NEWS
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USCIS Announces 3rd Track to Access Immigration Files
Like all federal agencies, the U.S. Citizenship and Immigration
Services (USCIS) is required under the Freedom of Information Act (FOIA) to disclose records and information
upon receiving a written request. USCIS receives approximately 110,000 requests annually for access to
immigration records.
Until February 2007, the agency used a two-track system to process all requests. Track One is for routine requests
and Track Two is for complex inquiries that necessitate additional search and review time, and more time to prepare
a final disclosure. USCIS has now announced a 3rd track that certain individuals can use to access their
immigration files.
Known as The Notice to Appear track, it was established -- effective on March 30, 2007 -- for individuals scheduled to
appear before an immigration judge. The new track allows for accelerated access to their Alien-file
(A-file), if they request it through the FOIA process. To be placed in this new track, requesters
must include one of the following with their FOIA request:
- Notice to Appear (Form I-862)
- Order to Show Cause (Form I-122)
- Notice of Referral to Immigration Judge (Form I-863)
- A written request of continuation of a scheduled hearing before the immigration judge.
More detailed criteria on submission of FOIA requests is available on the USCIS Web site at
www.uscis.gov. Click on the "Freedom of Information Act"
link at the bottom of the page.
New Biometrics Processing For Conditional Residents
USCIS announced the implementation of new nationwide fingerprinting program for permanent residents seeking to
remove the conditional basis of their permanent residency. This applies to foreign nationals who receive their
green cards through marriage to an American citizen and are married less than 2 years at the time their initial
green cards are approved. Under the old process, an approved case would result in a written notice from USCIS
instructing the applicant to appear at a district office where fingerprints would be taken manually and
photographs would be taken. Under the new system, applicants will be instructed to appear at a local office
where fingerprints and photographs will be taken electronically. Following approval of the application,
the new green card will be issued from the regional office and mailed directly to the applicant.
DHS Issues Proposal for States to Enhance Driver's Licenses
On March 1, 2007, The Department of Homeland Security (DHS) announced its proposal to establish minimum standards
for state-issued driver's licenses and identification cards in compliance with the REAL ID Act of 2005.
The REAL ID requirements are a result of recommendations made by the 9/11 Commission, which Congress passed
into law, and will enhance the security and integrity of driver's licenses.
The DHS' proposed regulations set standards for states to meet the requirements of the REAL ID Act,
including security features that must be incorporated into each card; verification of information provided
by applicants to establish their identity and lawful status in the United States; and physical security
standards for locations where licenses and identification cards are issued.
As proposed, a REAL ID driver's license will be required in order to access a federal facility, board
federally-regulated commercial aircraft, and enter nuclear power plants. The proposed regulations have
been submitted to the Federal Register for a 60-day public comment period.
To view the proposed regulations, click on
www.dhs.gov.
USCIS Announces Updates for TPS Work Cards
USCIS announced that applicants from El Salvador, Honduras and Nicaragua who re-registered for Temporary Protected
Status (TPS) will receive an extension sticker in the mail that will allow them to work. The stickers, when affixed
to the back of the expired work cards, which will extend work authorization through June 2007 for "I-9" employment
verification requirements.
All employers are required to verify that any new employees have authorization to work in the U.S. The I-9 form comes
with a list of documents which the prospective employee may provide to verify his or her work eligibility. Employees
who provide "work cards" issued by USCIS will need to re-new the cards prior to the expiration date on the cards.
However, many of those who qualify for the TPS program have not been issued the renewed cards after the automatic
extension expired on January 5, 2007.
Employers with questions about the program are urged to contact their immigration counsel or USCIS.
DREAM Act Reintroduced in Congress
On March 6, the Development, Relief, and Education for Alien Minors (DREAM) Act of 2007 was re-introduced in the
Senate, a week after a similar bill was introduced in the House. The DREAM Act and American Dream Act would make
certain undocumented students eligible for legal status and eventual permanent residency in the United States.
The bill, which was previously introduced in the last Congress, would apply to undocumented students who had been
physically present in the U.S. for at least five years; were under 16 years of age at the time of initial entry;
and had been admitted into a U.S. college or university or had previously earned a High School diploma or GED.
Student who had not entered college could become permanent resident after completing at least two years of higher
education or serving for at least two years in the U.S. military.
The bills would also repeal current law which requires states that provide the in-state tuition rate to
undocumented students to provide the same tuition rate to out-of-state residents.
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EMPLOYER NEWS
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Allotment of H-1B Visas May be Used Up by April 1st
The annual allotment of H-1B visas may be exhausted on April 1st -- the first day of filing eligibility -- according
to the American Immigration Lawyers Association. The announcement has set off a mad scramble to alert employers to
the need to prepare applications immediately, to avoid being shut out of the precious professional visas for another
year.
The visas have been widely utilized by U.S. high-tech companies seeking to fill positions with engineers and
computer professionals. As Long Island’s tech industry has grown, the local need for these visas has become
more acute.
Current law provides for an annual cap of 65,000 H-1B visas per fiscal year for applicants with a Bachelor
degree or its equivalent. An additional 20,000 H-1Bs are available for applicants who have earned a Masters
Degree or higher from a U.S. institution of higher education. The U.S. government’s fiscal year begins October
1st and visa applicants can apply six months before the start date, resulting in an April 1st earliest filing date.
In 2005, the cap was reached in July; in 2006 it was reached in May. This year, it is certain to be reached
in early April and perhaps as early as April 1st.
The H-1B visas are set aside for foreign nationals coming temporarily to the U.S. to work for a U.S.
employer/sponsor. The worker must have at least a Bachelor degree or its equivalent and be coming to
perform professional work. The minimum salary or “prevailing wage” is determined by the U.S. Department
of Labor according to the nature of the job duties and the location of the intended employment.
The cap does not affect those individuals who already posses H-1B visas or H-1B status and are seeking
extensions or change or employment.
If you have any questions on this matter, or need assistance in any way, please contact Mitchell Zwaik
at 631-588-4040 or
mczwaik@zwaik.com.
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IMMIGRATION REFORM
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Activists See Momentum Building for Immigration Reform
(Excerpt from a Mar 12, 2007 CNSNews.com article by Randy Hall, Staff Writer)
This is the year we're going to make history by pushing comprehensive immigration reform through
Congress, groups from across the political spectrum said during a telephone news conference on Friday.
"The fundamentals have never been better," said Frank Sharry, executive director of the National Immigration Forum.
"We have a president who strongly supports comprehensive immigration reform. We have strong affirmations, statements
of support from the leaders of the House and the Senate that they're going to move on" the issue as well.
"The Democrats, newly in charge of Congress, need to demonstrate that they can deliver policy rather than
gridlock," said Cecilia Munoz, senior vice president of the National Council of La Raza. "They have an opportunity
to demonstrate that they can act on something that the country really wants to see action on."
"On the other hand, Republicans are fighting for the soul -- and the future -- of their party," she said.
"Last year's election results very clearly demonstrate that the fastest-growing section of the electorate
-- which is the Latino community -- did not like the Republicans' demagoguery on this issue."
Senate Majority Leader Harry Reid (D-Nev.) and Sen. Edward Kennedy (D-Mass.) pledged on Wednesday to pass
comprehensive immigration reform before the chamber's August recess.
The Democrats' legislation would provide illegal immigrants residing in the United States with a path to
"earned citizenship," while ramping up enforcement of U.S. borders -- but it would not amount to amnesty
for lawbreakers.
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DID YOU KNOW?
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It's a myth that undocumented immigrants in the U.S. could become legal,
if they simply took the time to fill out the correct paperwork.
Here are some facts about U.S. immigrants (note 1):
- Our outdated immigration system is broken and woefully in need of change.
Many Americans unfamiliar with our arcane immigration laws believe that undocumented immigrants
in the U.S. could easily legalize their status and become part of mainstream America if they simply took
the time to fill-out the correct paperwork. Unfortunately, nothing could be further from the
truth. Under our current system, most undocumented immigrants do not qualify under any of
the overly restrictive categories available for individuals wishing to immigrate to this country.
- The ill-conceived 3-year, 10-year, and permanent bars to admission to the U.S. render most
undocumented immigrants ineligible to receive a permanent immigrant visa, even if they
qualify through a family relation or via employer sponsorship.
The 1996 immigration law created 3-year, 10-year, and permanent bars to admission into the U.S. for a
variety of immigration status violations. These bars apply widely and affect immigrants who
have family in the U.S., have worked and paid taxes in the U.S., and in many cases are
otherwise eligible for permanent resident status. The 3-year bar applies to individuals who
have been unlawfully present in the U.S. for a continuous period of more than 180 days, but less
than one year, and who voluntarily depart the country. The 10-year bar applies to individuals
unlawfully present in the U.S. for a continuous period of one year or more and who depart whether
voluntarily or involuntarily. The permanent bar applies to any person who has ever been ordered
removed (or has resided in the U.S. unlawfully for more than one year in the aggregate), leaves
the United States, and then returns or attempts to return without being admitted.
Rather than stemming illegal immigration, these bars encourage people to remain in the U.S. in
an undocumented status. The bars undermine rather than promote our country's national
security goals. If we eliminate these rigid bars, individuals will be encouraged to come out of
the shadows and normalize their status by leaving the country and applying for a lawful visa
authorizing their reentry.
Note 1: Data published by American Immigration Lawyer Association
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