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7/16/2010
We Need an Einstein Immigration Policy
When Americans see the benefits of a 'brain gain,' they'll view newcomers more favorably.
By DARRELL M. WEST
EXCERPT: If President Obama is serious about a comprehensive immigration reform, he'll need to overcome two big problems: our softening competitive edge in the global market, and the hostile attitudes many Americans have about immigration. The way out? Establish a strong rationale for immigration that's linked to our self-interest in innovation and long-term economic development.
In the years leading up to World War II, the United States recruited Europe's top talent for our nuclear program. Scientists such as Albert Einstein, Enrico Fermi, and Edward Teller immigrated to America and played an instrumental role in securing our country's future and developing its nuclear advantage.
Today, we need to think about a new "Einstein Principle" for our immigration policy. It would make brains, talent and special skills a priority. The point is to attract more individuals with the potential to enhance American innovation and competitiveness, increasing the odds for economic prosperity and rising living standards for all down the road.
At a time of high unemployment, the most pressing need is for more innovators who will start new businesses and create high-paying jobs. We've certainly done so successfully in the past. ...
Much of the high-tech boom of recent years has rested on immigrant entrepreneurship.
Yet only 15% of our annual visas are now set aside for employment purposes. Of these, some go to seasonal agricultural workers, while a small number of H-1B visas (65,000) are reserved for "specialty occupations" such as scientists, engineers, and technological experts.
The number reserved for scientists and engineers is drastically below the figure allowed between 1999 and 2004. ...
Meanwhile, other countries have taken the lead. Canada, the United Kingdom and Australia, for example, are more strategic in viewing immigration as a way to attract foreign talent. Canada, for instance, explicitly targets foreign workers in short supply who can contribute to their economy. It admits around 265,000 immigrants each year. Of these, 154,000 visas (58%) are set aside for economic purposes, such as skilled workers or live-in caregivers, while 71,000 (26%) are devoted to family reunification. ...
One of the virtues of the Canadian approach is that immigration is far less controversial among its general public—because people see how newcomers strengthen the national economy. With benefits widely understood, immigration is perceived as being very favorable for the country as a whole. In the U.S., the Gallup Organization has found that 52% of Americans say they want to decrease immigration; while in Canada, only 27% feel that way. Canadians embrace immigration because they understand how new arrivals benefit their country.
Unfortunately, the U.S. has put itself in an impossible position from the standpoint of public opinion. It admits a large number of legal immigrants who may or may not add to our prosperity and has lots of illegal ones on top of that. Instead of viewing immigration as a brain gain, ordinary folks see the economic and social costs as broad, and the benefits as narrow.
If we expect more Americans to support immigration, it must be obvious to them what the national benefits are. The problem with today's policies is that they focus public and media attention much more on immigrant costs than benefits. That explains why no one likes the status quo, but comprehensive reform is so difficult to enact.
Mr. West is vice president of governance studies and director of the Center of Technology Innovation at the Brookings Institution. He is the author of "Brain Gain: Rethinking U.S. Immigration Policy" (Brookings, 2010).
Link to full piece: http://www.facebook.com/notes/wolfsdorf-immigration-law-group/we-need-an-einstein-immigration-policy-when-americans-see-the-benefits-of-a-brai/133393703367882
6/14/2010
Green Card Lottery Winner Notice
5/11/2010
U.S. Citizenship and Immigration Services (USCIS) announced today that it has redesigned the Permanent Resident Card—commonly known as the “Green Card”—to incorporate several major new security features. The Green Card redesign is the latest advance in USCIS’s ongoing efforts to deter immigration fraud. State-of-the-art technology incorporated into the new card prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication. Read more.
This announcement also includes a fact sheet, Q&A's and examples of the redesigned card.
5/11/2010
USCIS updated its count of FY 2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions received as of 5/11/2010. Read more.
5/4/2010 UPDATE
USCIS updated its count of FY 2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions received as of 4/27/2010. Read more..
4/29/2010 UPDATE
AILA Welcomes Senate Proposal to Fix Our Nation’s Broken Immigration System
4/23/2010 UPDATE
AILA Votes to Boycott Arizona After Signing of Anti-Immigrant Law
4/16/10 UPDATE
AILA and Partners to Help Thousands Apply for Citizenship on April 17
AILA Urges Arizona Governor to Veto Unconstitutional and Overly Punitive Anti-Immigrant Bill
4/12/10 UPDATE
Visa Bulletin for May 2010 (.pdf 48 KB) DOS released the Visa Bulletin for May 2010. Section D announces that annual limits for Mexico Employment Third and Third preference Other Worker categories have been reached. Section E addresses visa availability in coming months. AILA Doc. No. 10041261.
4/9/10 UPDATE
USCIS Continues to Accept FY 2011 H-1B Petitions
U.S. Citizenship and Immigration Services (USCIS) today announced it continues to accept H-1B nonimmigrant petitions subject to the Fiscal Year 2011 (FY 2011) cap. USCIS will monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master’s degree or higher educational exemption.
USCIS has received approximately 13,500 H-1B petitions counting toward the 65,000 cap. The agency has received approximately 5,600 petitions for individuals with advanced degrees.
Employer Not Required to Use PERM Wage for H-1B LCA
In Baiju v. Fifth Avenue Committee, 2009-LCA-00045 (3/8/10), the ALJ finds that an employer that used its own survey for an H-1B LCA is not required to pay at the level of a SWA determination obtained in connection with a later PERM application.
4/8/10 UPDATE
VSC Reports on H-1B Petitions Received at VSC as of 04/05/10
VSC reported that, as of close of business on April 5, 2010, VSC had received a total of 9,525 cap-subject H-1B petitions. Of those petitions, 6,791 were "regular" cap, and 2,734 were advanced degree. All cases received before April 7, 2010, will have an April 7, 2010 receipt date. Those received on April 7, 2010 or later will bear the actual receipt date. For those submitted for Premium Processing, the clock will start on April 7, 2010. Please note that the numbers quoted above do not include the CSC intake, which has not yet been made available.
Extension of Post-Completion OPT and F-1 Status for Eligible Students under H-1B Cap-Gap Regulations
USCIS issued a list of questions and answers on the automatic extension of F-1 student status in the U.S. for certain students with pending or approved H-1B petitions for an employment start date of 10/1/10 under the FY 2011 H-1B cap.
The Visa Bulletin for April 2010
Supreme Court Decision Protects Right to Immigration Advice
In Padilla v. Kentucky, the Court held that criminal defense lawyers must advise their noncitizen clients about the risk of deportation if they accept a guilty plea. The Court recognized that current immigration laws impose harsh and mandatory deportation consequences onto criminal convictions, and that Congress eliminated from these laws the Attorney General's discretionary authority to cancel removal in meritorious cases. The Court said, "These changes to our immigration law have dramatically raised the stakes of a noncitizen's criminal conviction. The importance of accurate legal advice for noncitizens accused of crimes has never been more important."
3/4/10 UPDATE
One for Good Guys--USCIS, Please Follow the Law Next Time
Circuit Court Rules USCIS Unlawfully Imposed Arbitrary Requirements Washington D.C.
2/5/10 UPDATE
Visa Bulletin for March 2010
USCIS Issues Additional Information Regarding the Employ American Workers Act (EAWA) to Employers Filing H-1B Petitions (.pdf 362 KB) USCIS provides an instructions for how to answer the revised Form I-129, Petition for Nonimmigrant Worker with regard to businesses who received funding under the TARP legislation
1/29/10 UPDATE
DOS and its partners are intensifying efforts addressing the potential for trafficking in persons, particularly children, in post-earthquake Haiti including registration of unaccompanied and separated children, tracing, and family reunification.
DHS announced that it continues to support U.S. government efforts to provide operational and humanitarian assistance in Haiti by deploying over 1,000 personnel.
1/25/10 UPDATE
State Department 2010 Earthquake in Haiti Webpage
1/22/10 UPDATE
ICE Updates List of SEVP Approved Schools
CBP Reminds U.S.-Bound Travelers from Visa Waiver Program Countries to Complete Online Travel Authorization
1/20/10 UPDATE
USCIS Issues Controversial Memo on Determining Employer-Employee Relationships for Adjudication of H-1B Petitions
1/15/10 UPDATE
AILA Applauds the Grant of TPS to Haitian Nationals
DHS Secretary Napolitano Designates TPS for Eligible Nationals of Haiti
Secretary Napolitano Announces Streamlined Citizenship Application Process for Members of the Military
1/13/10 UPDATE
AILA Asks DHS Secretary Napolitano to Designate Haiti for TPS
DHS Halts Removals to Haiti
12/22/09 UPDATE
FY 2010 H-1B Cap Reached
12/15/09 UPDATE
IRS New Guidance on “HEART ACT” – Exit Tax for U.S. Expatriates
Applying For a Nonimmigrant Visa at A U.S. Consular Post
Self-Check Verification In the Works, USCIS Head Says; 'Verification Initiative for Business Enterprise' Discussed
Visa Bulletin Issues Projections for FY 2010 Cut-Off Dates
State Dept. To Deploy Web-Based Nonimmigrant Visa Application Worldwide
CBP Announces 'FAST' Commercial Frequent Traveler Program Change
12/01/09 UPDATE
First Successful Prosecution of Mississippi Employer for Criminal Immigration Violations
DOS Announces Deployment of Form DS-160 for All Nonimmigration Visa Applications Worldwide
December Visa Bulletin Notes Reinstatement of Certain Religious Workers and Investor Pilot Program Categories
USCIS Issues Guidance on I-140 and Labor Certifications Issues
USCIS Temporarily Accepts Incorrectly Denied LCAs for Certain H-1B Cases
Labor Dept. Announces Expiration of H-1C Nursing Program
NEXUS Frequent Border Crossing Enrollment Center Moves
11/20/09 UPDATE
ICE Announces Another 1,000 I-9 Worksite Audits on Thursday, November 19, 2009
USCIS Continues to Conduct over 25,000 Surprise H-1B Worksite Visits
11/04/09 UPDATE
H-1B CAP-SUBJECT VISA COUNT: There is still time to file your H-1B visa petitions
10/15/09 UPDATE
DHS Rescinds 'No-Match' Rules
Many Visa Number Cut-Off Dates Not Budging in November, State Dept. Says
10/7/09 UPDATE
Congress Poised to Extend Four Immigration Programs for Three Years
USCIS Issues Controversial Clarification of Requirements for Agents Filing as Petitioners for O and P Visas
10/6/09 UPDATE
State Dept. Issues DV-2011 Visa Lottery Instruction
State Dept. Issues Final Rule on Documentation of Nonimmigrants Religious Occupations
10/1/09 UPDATE
Change in U.S. Customs and Border Protection Policy Regarding Initiation of Removal Proceedings Against Non-citizens with Criminal Convictions
Alert: Be Prepared for Surprise Enforcement Site Visits
USCIS Says Fees May Rise
9/15/09 UPDATE
October Visa Bulletin Shows EB-3s Backlogged 7 Years
U.S. Department of State Announces Diversity Visa (Green Card Lottery) Registration Period
9/2/09 UPDATE
E-Verify Alert: Federal Contractors Required to Use E-Verify Beginning Sept. 8, 2009
8/27/09 UPDATE
Expiration Date of Employment Eligibility Verification Form I-9 Extended to Aug. 31, 2012
8/24/09 UPDATE
USCIS Intensifies Fraud Investigations and Worksite Visits
8/18/09 UPDATE
U.S. Intensifies Audits of Employers
8/10/09 UPDATE
Obama sees early 2010 start on immigration reform
8/6/09 UPDATE
H-2B Visa Alert: USCIS Reopens Fiscal Year 2009 H-2B Visa Petition Filing Period
8/3/09 UPDATE
Are you Ready for an I-9 Audit? Missed Our Initial I-9 Web Seminar? Here's Another Chance to Get Your I-9's in Order!
7/31/09 UPDATE
H-1B CAP-SUBJECT VISA COUNT: There is still time to file your H-1B visa petitions
7/27/09 UPDATE
AILA President Bernard P. Wolfsdorf provides comment to the LA Daily Journal on fraudulent ICE letters sent to U.S. employers
From Nonimmigrant Alien to U.S. Citizen: USCIS Naturalizes First Soldier in MAVNI Pilot Recruiting Program
7/23/09 UPDATE
California issues formal apology for past discrimination against the thousands of Chinese immigrants who helped build the state
7/21/09 UPDATE
USCIS Issues Directive for Greater Flexibility in I-751 Petitions Filed by Married Couples Going Through Separation
7/20/09 UPDATE
USCIS Has Resumed Premium Processing for Certain Non-Immigrant R-1 Religious Worker Petitions
Comprehensive Immigration Reform - A Unique Opportunity to do the Right Thing for Same Sex Couples
7/17/09 UPDATE
JUDGE BRUCE J. EINHORN JOINS WOLFSDORF IMMIGRATION LAW GROUP AS OF COUNSEL
Get Your I-9's in Order: Are you Ready for an I-9 Audit? Register for a Wolfsdorf Immigration Law Group I-9 Webinar!
Krispy Kreme Doughnut Company Incurs a $40,000 Fine for Immigration Violations & Enforcement Actions Increase Nationwide
More on E-Verify Federal Contractor Rule Delay
China, India Employment-Based 2nd Preference Priority Dates Progress in August & the Department of State Determines FY 2009 Limits
9th Circuit Rules That Revocation of I-140 Petition Trumps Portability
The Department of State Releases DV-2010 Lottery Results
7/5/09 UPDATE
See AILA President Bernie Wolfsdorf’s blog: ICE CRACKS AUDIT WHIP
7/1/09 UPDATE
USCIS serves 652 businesses nationwide with I-9 audit notices on Wednesday, July 1, 2009
6/29/09 UPDATE
Helpful Tips for U.S. and Canadian Border Travelers this Summer
6/26/09 UPDATE
Current I-9 Form Validity Extended Beyond June 30
USCIS Updates Progress Toward H-1B cap
H-1B Processing Time Will Increase July 1
USCIS Issues Court Notice to Pending I-360 Religious Workers
6/22/09 UPDATE
USCIS Announces Resumption of Premium Processing Service for I-140 Immigrant Visa Petitions
6/18/09 UPDATE
USCIS Explains "Full-Time," Discusses Job Creation Timing in EB-5 Immigrant Investor Program
6/17/09 UPDATE
Outlook Grim for India, China Employment-Based Visa Categories
E-Verify Federal Contractor Rule Delayed Until September 8, 2009
DHS Proposes To Expand E-Verify Monitoring and Compliance Efforts
SEVP Posts New Information on Upcoming SEVIS II
Court Orders USCIS To Accept Concurrently Filed Religious Worker, Adjustment Applications
DHS Establishes Interim Relief for Widows of U.S. Citizens
6/5/09 UPDATE
Bernie Wolfsdorf Installed as President of AILA
5/22/09 UPDATE
USCIS Updates Information on FY2010 H-1B Petition Filings
5/20/09 UPDATE
USCIS Discusses Requirements for H-1Bs in Health Care Specialty Occupations
4/8/09 UPDATE
USCIS continues to accept H-1B visa petitions subject to fiscal year 2010 cap.
2/3/09 UPDATE
H-1B Filing Alert - Prepare Early for the H-1B Lottery.
2/2/09 UPDATE
Use of New Form I-9 Delayed Until April 3, 2009.
12/20/08 UPDATE
Beginning on January 12, 2009, all
individuals traveling to the United
States under the Visa Waiver Program
will need to register at least three
days before departure with the Electronic
System for Travel Authorization (ESTA).
For more information, consult U.S.
Dept. of State Travel.State.Gov.
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