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Posts Tagged ‘Immigration Reform’

Billions of Dollars Will Be Lost if Trump Ends DACA

Thursday, January 19th, 2017

DACABy:  Allison McConnell:  Content Coordinator

President-elect Donald Trump is currently preparing to take office on January 20, 2017.  A prominent campaign promise of Trump’s has been to end President Barack Obama’s executive actions on immigration, which includes the 2012 Deferred Action for Childhood Arrivals (DACA) initiative.  The DACA program allows young immigrants who were brought to the United States as a child and who do not hold legal immigration status to apply for deferred deportation and remain in the U.S.  It also allows these individuals to receive work authorization permits.  The end of DACA will mean billions of dollars lost for the U.S.

The Immigrant Legal Resource Center, an organization that seeks to improve immigration law and policy, expand the capacity of legal service providers, and advance immigrant rights, released a report on December 13, 2016 showing that the cancellation of the DACA program will cause immediate job losses for hundreds of thousands of DACA recipients who are currently employed by businesses in the U.S., which will cause losses to the U.S. in the billions of dollars.  DACA benefits have been granted to 741,546 immigrants.  Of those, 645,145 DACA benefits recipients are currently employed by U.S. businesses.  These employees have substantially helped increase payroll taxes, along with Social Security and Medicare contributions.

Ending the DACA program will cause a reduction in Medicare and Social Security tax contributions totaling $24.6 billion by DACA employers and employees over the next ten years.  Specifically, Social Security contributions will reduce by $19.9 billion and Medicare contributions will decrease by $4.6 billion.  In addition, the ending of DACA will cause U.S. employers to sustain needless employee turnover costs in the amount of $3.4 billion.

In total, billions of dollars of revenues will be left on the table, creating a threat to the health of the American economy.  This is in addition to the loss of professional and educational backgrounds and experience that these young immigrants contribute to the community and the industries in which they are employed.  Numerous immigrants who receive DACA benefits have taken advantage of the opportunity, obtaining their driver’s license and first job, contributing additional local, state, and federal taxes, continuing their education, and assisting their family members and communities.

Make your voices heard and contact your local representatives and senators and tell them to leave DACA alone and reference the above information.

Changes to Business-related Immigration Under Trump’s Administration

Saturday, November 19th, 2016

By:  Allison McDonnell, ICG Content Coordinator

The US President's home at 1600 Pennsylvania Av, Washington DC.

President-elect, Donald Trump, will take office as the United State’s 45th president on January 20, 2017.  Trump ran his presidential campaign from a clear anti-immigration platform.  His ten-point plan, which includes limiting legal immigration, could have substantial effects on business immigration in the U.S.  However, it is still too soon to tell exactly which stances Trump’s administration will, or will be able to, follow through on.  Changes on the business-related immigration side are likely to come in incremental stages and later on, as his first priority will be undocumented immigrants with criminal records.

H-1B Visa Program

Throughout his campaign, Trump spoke out against the H-1B visa program, arguing that it is an abused process used to replace American workers with cheap labor.  He claimed several times that his intentions are to end the program completely.  However, experts say that the program will more than likely not be eradicated, but simply reformed.  For one, Trump, himself, understands the value of high tech global talent.  In addition, the fact that he desires a strong relationship with India, whose tech workers are among the largest group of beneficiaries of the H-1B program, will likely keep him from abolishing the program all together.  With popularity of reform from several congressmen and Trump’s base, it is likely that smaller caps and more stringent qualifications will be imposed.

E-1 and E-2 Treaty Trader and Investor Visas

Trump has been less vocal about planned changes to employment-based visas outside of the H-1B visa.  While it is likely that Trump will make major reforms to the H-1B program, we could also see some changes to the E-1 and E-2 visa classifications, given that they are increasingly the second-best option behind the H-1B visa for many immigrants.  For one, a tougher application of legal standards in immigration court and in consular processing may be applied to all visa categories.  In addition, caps could be implemented, which may be country-specific.  However, since a key part of the E-2 visa program is job creation, it could quite possibly go the other way, with the category growing in number.

Employment Eligibility Verification:  I-9 and E-Verify Programs

Considering employment draws immigrants to the United States, it is likely that we will see stricter enforcement of the Form I-9 verification process under Trump’s presidency.  Starting next year, there will likely be more ICE officers and immigration judges hired to expedite cases.  This increase in staff may lead to an increase in the number of worksite inspections for I-9 compliance.  It is also possible that there will be an increase in penalties and fines for any violations uncovered.  Therefore, it is important for employer’s to ensure that their paperwork, policies, and practices are in order in case of an audit.  Given that Trump may overturn President Obama’s Deferred Action for Childhood Arrival (DACA), employers also need to be aware of which of their current foreign-born employees may become immediately undocumented and take proper action.

Trump has consistently applauded the E-Verify process for its systematic ability to filter out unauthorized employment.  In his position paper on immigration, he would mandate that the E-Verify process be used across the U.S.  Although, Trump will likely meet the same resistance as Congress has in the past, when it tried and failed several times to implement mandatory E-Verify.  That being true, Trump may still be able to strengthen or increase the program through unilateral executive orders.

In Closing

Although it is still too soon to tell precisely which of Trump’s campaign promises he will have the time, resources, or support to follow through on, it is a good idea to be informed and alert to the timing and the next steps required concerning your immigration matters and remain proactive, both as an employer and employee.  If you haven’t moved forward on a viable case, we would recommend that you meet with immigration counsel to prepare for the upcoming months under the new administration.  You can contact our office here.

 

PERM: DOL Proposes User Fees to Modernize Labor Certification Processing

Saturday, June 20th, 2015

NEWS_iStock_000015711880XSmallRepresentatives from the Department of Labor (DOL) provided clues to their efforts to modernize the labor certification process used to sponsor foreign national workers for legal permanent residence, including the use of fees to advance that goal.

Assistant Secretary of Labor for Employment and Training Portia Wu told attendees of the Council for Global Immigration’s 2015 Symposium, June 10, 2015, in Washington, D.C., that the agency intends to issue a proposed rule later this year specifically modifying the PERM requirements and process.

The PERM process requires employers to adhere to a set of recruitment steps to demonstrate that workers are receiving at least the prevailing wage for the position and locality and that there are no U.S. workers willing and available to fill the position.

The PERM Labor Certification program has not been reviewed since its inception in 2005. Technological advances have significantly altered industry recruitment practices, and the department has received a lot of feedback that the existing requirements governing the PERM recruitment process do not align with worker or industry needs and practices.  Some of the most frustrating issues include the lack of expedited processing, the inability to correct technical errors and the use of outdated and expensive modes of recruitment, such as newspaper print ads.

Immigration Reform: Congressional Hispanic Caucus Drafting New Immigration Bill

Sunday, April 19th, 2015

Passport immigration stampThe Congressional Hispanic Caucus is drafting a new immigration reform bill that lawmakers could start debating within the coming months, the chair of the caucus, Rep. Linda Sanchez (D-Calif.), said  last Thursday.  Sanchez said that the members of the caucus feel a responsibility as representatives of the Latino community to achieve comprehensive immigration reform.  She said Hispanic lawmakers are in the first phase of preparing the draft after the bill presented in the House of Representatives last year was never submitted for a vote.

“We had enough votes to (get it passed), but the speaker of the House (Republican John Boehner) had no intention of submitting it to a vote,” Sanchez stated.  The bill contained the same elements as the bipartisan immigration reform measure that was passed by the Senate.

(D-AZ) Rep. Ruben Gallego stated, “We want to protect DACA and DAPA,” he added, saying that if the two programs continue, “it will be easier” to move forward on comprehensive reform to be able to “bring out of the shadows” the other more than five million undocumented people who would not be covered by those measures.  Gallego insisted that besides continuing to exert pressure for reform, he and his colleagues in the Hispanic Caucus want to protect the executive action measures taken by President Barack Obama that would prevent the deportation of more than five million undocumented immigrants.

The executive orders were issued by the president last November due to the inability of Congress to approve an immigration reform package that would clear the way to citizenship for the more than 11 million undocumented immigrants who are estimated to live in this country.

 

USCIS Announces H-4 Spouses Eligible to Apply for Work Authorization on May 26, 2015

Wednesday, February 25th, 2015

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It’s been a long wait for this to become a proposed rule with an approximate effective date (following Federal Register publication and public comment) of May 26, 2015.  It’s still not automatic work authorization incident to H-1B dependent status, but it’s certainly better than none at all, right!  So, how does an H-4 spouse qualify?

You obviously must be the spouse of an H-1B visa holder who either has an approved I-140 petition and is unable to file for permanent residency because the priority date is backlogged….OR,  your spouse is the beneficiary of an approved H-1B extension past the 6th year max-out based upon an unexpired PERM Labor Certification or an  I-140 Immigrant Petition that has been pending for at least 365 days.

We anticipate that this will certainly fuel earlier PERM case filings for those H-1B applicants who have spouses that wish to work and contribute.  Please contact our office if you have any questions or wish to file for spouse work authorization.

Refer to USCIS Announcement

 

 

 

Federal Judge Stalls Obama’s Executive Action on Immigration

Tuesday, February 17th, 2015

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Acting on a lawsuit brought by 26 states, US District Court Judge Andrew Hanen ruled that Obama lacked authority to carry out much of the initiative he announced in November to allow up to five million more illegal immigrants to obtain work permits and reprieves from deportation.

Here’s a statement by the Press Secretary on the State of Texas vs. United States of America, that appeared on ILW.com today . . .

The Supreme Court and Congress have made clear that the federal government can set priorities in enforcing our immigration laws—which is exactly what the President did when he announced commonsense policies to help fix our broken immigration system. Those policies are consistent with the laws passed by Congress and decisions of the Supreme Court, as well as five decades of precedent by presidents of both parties who have used their authority to set priorities in enforcing our immigration laws.

The Department of Justice, legal scholars, immigration experts, and the district court in Washington, D.C. have determined that the President’s actions are well within his legal authority. Top law enforcement officials, along with state and local leaders across the country, have emphasized that these policies will also benefit the economy and help keep communities safe. The district court’s decision wrongly prevents these lawful, commonsense policies from taking effect and the Department of Justice has indicated that it will appeal that decision.

We link to a Statement by Secretary Jeh C. Johnson regarding the District Court’s Ruling concerning DAPA and DACA.  It is important to note that The Court’s order does not affect the existing DACA.  Individuals may continue to come forward and request initial grant of DACA or renewal of DACA pursuant to the guidelines established in 2012.

Read more here: Wall Street Journal    ABC7News  

 

Voice of Latino Voters on Univision – Jorge Ramos

Monday, January 26th, 2015

America’s Voice reports; we quote…

The New York Times  has released a profile of journalist Jorge Ramos that underscores the political dangers Republicans have created by embracing anti-immigrant policies.  Ramos explains the reasons why immigration is such a salient issue for him and many other Latino voters.  As he tells Jackie Calmes of the Times:

“immigration is personal.  Immigration is the issue that tells us who is with us and who is against us; there’s no question about it.  And it’s very simple to understand why — half of all Latinos over 18 years of age were born outside the United States.  It really makes no sense to attack them and criticize them if you want their vote.”

As former George W. Bush campaign advisor Matthew Dowd states:

Remember what L.B.J. said, ‘When you lose Walter Cronkite, you’ve lost the war’?  [Ramos is] not only a journalist, he’s become the voice of the Latino constituency.  And that’s where Republicans have to worry — you don’t want to lose Jorge Ramos.

 

Obama, High-Skilled Visa Immigration and Silicon Valley

Sunday, January 25th, 2015

The U.S. technology industry might finally get the immigration reform that it wants. Bipartisan Senate groups introduced two tech-focused bills this month.  The Immigration Innovation Act – which increases the cap on H-1B Visas from 65,000 to 115,000, eliminates per-country limits on visa petitioners and lets spouses of H-1B visa holders work – came out of conversations with corporate tech leaders.

The Startup Act, which already has been introduced on three earlier occasions, creates a new visa category for foreign entrepreneurs.

Jobs_iStock_000016785771XSmall (2)For more:  http://www.bloombergview.com/articles/2015-01-22/obama-immigration-reform-h-b1-visas-and-silicon-valley

 

Executive Actions on Immigration

Sunday, December 7th, 2014

Passport immigration stamp

On November 20, 2014, President Obama announced efforts to retool critical aspects of the immigration system—how we enforce immigration laws, how we process immigration benefits, how we encourage further business innovation, and how we welcome immigrants to this nation.

Following the address, executive agencies made available intra-agency memoranda and fact sheets detailing specific actions that have already been taken, or will be taken in the future in ten areas within the confines of the law. These actions generally involve border security, the current unlawfully present population, or future legal immigration.

Below we link to Fact Sheets that address the details that we are aware of at this time of the 10 Executive Action Initiatives with links to the memoranda. Additional guidance will be forthcoming.

The expansion of the DACA program that has now removed the age restriction and increases employment authorization from 2 year to 3-year increments, is expected to go into effect on or about February 20, 2015. The implementation of DAPA, the Deferred Action for Parental Accountability, that allows parents of US citizens and lawful permanent residents who have been present in the country since January 1, 2010 to request deferred action and employment authorization, is expected to roll out approximately mid-May 2015.

Resources:

http://www.uscis.gov/immigrationaction

http://www.dhs.gov/immigration-action

http://www.immigrationpolicy.org/special-reports/guide-immigration-accountability-executive-action

Should you have questions at this time or would like to retain our office to assist you or your employees with their immigration matters, please contact us at info@immigrationcompliancegroup.com or call 562 612.3996.

 

The Facts: Fixing a Broken Immigration System Through Executive Action

Friday, November 21st, 2014

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We applaud President Obama’s announcement of  broad executive action to offer temporary relief from deportation to millions of undocumented immigrants, stating that the separation of families or the oppression of low-wage immigrant workers is “not who we are as Americans.”

Concurrent with the televised nationwide presidential address last night, the Department of Homeland Security (DHS) Secretary issued a series of memoranda outlining the various facets of the programs and policies which would constitute, in total, “executive action” relating to immigration matters such as:  Revising Removal Priorities, ending Secure Communities and replacing it with a New Priority Enforcement Program, expanding DACA, extending DACA to Parents of US citizens and Permanent Residents, revising parole rules, expanding Provisional Waivers to spouses and children, modernizing high-skilled business-related immigration, and more.  We link to this information above.

Additional specific information on the initiatives contained in the Executive Action taken by President Obama can be found here