Are you Afraid of Skilled Foreign Workers?
For Our Country’s Future, We Need More High-Skilled Immigrants
The H-1B Story
USCIS began accepting application for H-1Bs on April 1, and less than a week later, had more than filled the caps with a total of about 233,000 H-1B applications.
On April 7, 2015, United States Citizenship and Immigration Services announced that the 65,000 H-1B cap, as well as the 20,000 H-1B masters cap, had been reached for the 2016 fiscal year. Congress sets these caps.
The year prior, USCIS received 172,500 total applications by April 7. So how do they select the lucky winners to be accepted (not approved, at this point – just selected for adjudication) for a chance to get an H-1B visa? A lottery is conducted to fill up the 20,000 masters cap, and then those not selected under the initial masters cap lottery are included in the general lottery for the remaining 65,000 spots. Only foreign-born students who have earned a U.S. master’s degree or higher may apply for the masters cap.
This means that the U.S. rejects the majority of these applications. H-1B visas are given to individuals who are looking to enter a specialty occupation in the U.S., with at least a Bachelor’s degree, and have a prospective employer filing on behalf of the employee. The U.S. conducts its computer generated random lottery, and then returns the tens of thousands of applications back to those not fortunate enough to be selected, rejecting their filing fees, which can range from $500 to over $1000. They even pay for the postage to send the thick filing packets back. So basically, the government is spending money to send back money that the applicants are eager to pay.
Even after being selected and approved, H-1B recipients have a ridiculously complicated and inefficient road ahead of them that can get complicated just from something as simple as moving or switching jobs. Then, H-1B visas are only temporary for a maximum of six years (unless they meet specific requirements to take steps to pursue a green card), so the immigrants must find another visa option, leave, or attain a green card. Processing times at USCIS take months that can lead to years. For example, Mike Krieger, the creator of the mega hit app Instagram, was a Brazilian citizen, and it took him longer to get his H-1B visa approved than it did for him to create the application, Instagram, almost giving up his dream in the long process. (See the Bloomberg article link below.)
We Need Skilled & Entrepreneurial Immigrants, and They Want To Help
In the last few years, the vast majority of H-1B visa recipients work in Systems Analysis/Programming and other computer-related occupations. These include some of the most innovative and skilled people behind many of the U.S.’s largest and most relevant companies in this day and age, such as Microsoft, Facebook, and Google.
As a country, we are rejecting skill, money, job-creators, innovation, motivation, hard work, competition, and more, by rejecting these immigrants. There are simply too many barriers for skilled immigrants to come to the U.S., and it’s even harder for them to stay in the U.S. permanently to help the country grow.
One of the most common arguments against increasing immigration in general, and that certainly applies to these higher-skilled workers, is that immigrants take away jobs from U.S. citizens. Interestingly, from the entrepreneurial side, we find the following:
- Immigrants start businesses at twice the rate of U.S. born citizens.
- Immigrant-owned businesses generate $755 billion gross annual sales
- Immigrant-owned businesses generate $126 billion in annual wages to U.S. citizens
- Immigrant startups accounted for 52% of startups in Silicon Valley from 1995 to 2005.
Our current immigration policies are hurting us as a nation. The motivated, brilliant, entrepreneur who wants to startup the next revolutionary company or idea, the next Facebook or Google, cannot even attain a visa or green card because he or she is self-employed and has no one to sponsor them.
From creating jobs for U.S. citizens, to keeping us on pace in the international scene in today’s technological age, skilled immigrants want to come and remain in the U.S., and we need them. Congress must make changes to U.S. immigration policy to allow us to help immigrants, so that they, too, may help us as a nation. How about Congress start with increasing quotas and eliminating or simplifying the unnecessary hurdles?
Related links:
http://www.uscis.gov/news/news-releases/uscis-reaches-fy-2016-h-1b-cap
http://travel.state.gov/content/visas/english/employment.html
The Immigration “Bars” & Unlawful Presence
What is Unlawful Presence?
Many immigrants come to the United States by illegally crossing the border. Others are issued visas and overstay in the U.S. past their authorized date. These situations can lead to accrual of unlawful presence in the United States. Unlawful presence can accrue to an individual if he or she remains in the United States after the expiration of a period of authorized stay, or if he or she is present in the United States without being admitted or paroled. This is a very general statement, and “unlawful presence” is a term of art that is complicated and needs careful scrutiny. For example, there are many exceptions to accruing unlawful presence, such as an asylum applicant, deferred action, certain non-immigrant visas, and minors. It is best to check with your attorney to determine if you have accrued unlawful presence.
The Bars
United States immigration laws provide for a certain “bar,” depending on calculate how much unlawful presence an individual has accrued before they left the country, and whether they have reentered afterwards. A “bar” prevents the individual from obtaining certain U.S. immigration benefits, including visas and adjustments of status. The period of time that the immigrant is not eligible for immigration benefits depends on how much unlawful presence they have accrued, and they must usually wait outside of the country, usually in their home country, until the “bar” time passes. Of course, there are exceptions to this, too, depending on what type of bar, and how and when you reentered.
The current law applies to unlawful presence after April 1, 1997. Below are the three most common “bars” relating to unlawful presence.
The Three-Year Bar
If the individual has been present in the United States for 180 days, but less than one year, they will trigger the three-year bar upon leaving the U.S. The unlawful presence must be continuous and uninterrupted.
For example, if the individual crosses the border illegally into the U.S., stays a month, and goes back, then re-enters the U.S. illegally again for 179 days, and exits back to their home country, he or she is not subject to the three-year bar, or any other bar.
There is a waiver available for this bar, if you qualify.
The Ten-Year Bar
If the individual has been present in the United States for one year or more, they will receive the ten-year bar. Similar to the three-year bar, the unlawful presence must be continuous and uninterrupted.
There is also a waiver available for this bar, if you qualify.
The [Dreaded] Permanent Bar
This bar applies to individuals who accrue one year or more of unlawful presence, and then re-enter or attempt to re-enter the country illegally. Unlike the other two bars, the unlawful presence does not have to continuous. The total number of days present in the U.S. unlawfully is counted.
Likewise, the permanent bar is applied to individuals who are ordered removed from the United States, and then re-enter or attempt to re-enter illegally.
An individual with the permanent bar must wait outside of the United States for ten years before applying for any immigration benefits, just like the ten-year bar.
The difference is that there is no waiver available for the permanent bar. There is no way around it. In addition, once the ten years have elapsed, the individual must apply for a separate waiver from the government for permission before they can apply for any benefits, like permanent residency.
Which to choose? DAPA vs I-601A Provisional Waiver
Should you take DAPA or pursue your green card case with a waiver? After President Obama’s announcement of Deferred Action for Parents and Lawful Permanent Residents (DAPA) in November last year, many immigrants who qualify for DAPA may find themselves to suddenly have options. One currently trending common dilemma is making a decision between applying for DAPA, and applying for an I-601A Provisional Waiver for Unlawful Presence.
Immigrants who find themselves in this situation have entered the United States illegally, remained undocumented, have U.S. citizen or legal permanent resident children, and in many cases, have a U.S. citizen spouse who can petition them for permanent residency.
Before we begin, don’t forget: **NOTE: DAPA is currently blocked by the courts and NOT in effect**
This is how a I-601A Waiver works:
If an immigrant enters the United States illegally without permission, they are not eligible to adjust their status within the U.S. The immigrant must go through consular processing and be interviewed in their home country. This becomes a common problem for many immigrants, since many entered illegally and have been present in the U.S. for more than 180 days. If their continuous stay is more than one year, they will be subject to the “10-year bar.” This bar will make them ineligible to receive permanent residency until they remain outside of the U.S. for 10 years, unless a waiver is granted. For a spouse, child, or parent of a U.S. citizen, the I-601A provisional waiver, unlike the regular I-601 waiver, allows the immigrant to apply for the waiver within the United States and await USCIS’s decision before leaving to their home country for their visa interview. That way, they don’t have to wait for months and months away from their family here while they wait for the waiver to be granted.
Most applicants only need to leave the U.S. for a week or so to take care of their consular processing and re-enter the U.S legally upon approval of the visa. Once they pay their last fee, they receive their green card in the mail.
Currently, the I-601A waiver is limited to a spouse, child, or parent of a U.S. citizen. This category is the “immediate relative” category. If you are not in this category, then you must go through the regular I-601 waiver process. (Obama announced that this limitation will be expanded, but that has not happened yet.)
The applicant must have a qualifying relative who is a U.S. citizen spouse or parent to request an I-601A waiver, and must prove that the relative will suffer “extreme hardship” if the applicant is not allowed to remain with them. The extreme hardship part can be difficult to prove, and an experienced attorney can help to build a compelling case to prove this point for the immigrant’s I-601A waiver.
If successful, a green card case processed with a I-601A waiver is way superior to the benefits of DAPA, because it provides legal permanent residency, and a road to citizenship. DAPA, on the other hand, allows only work authorization, social security, and protection from being deported for 3 years. DAPA does not give any lawful status.
So what is DAPA? (see INJUNCTION = INJUSTICE, expected to be in effect May 2015)
Deferred Action for Parental Arrivals, on the other hand, does NOT provide legal permanent residency, citizenship, or a road to either of them. DAPA is valid for three years, can be renewed, and provides the following while granted/valid:
Work authorization
- Protection from deportation
- Social security number
- Opportunity for advance parole to travel *
DAPA will help millions of immigrants who may find themselves with a permanent bar or with no other options. To qualify, the applicant must meet the following requirements:
Be the parent of a U.S. citizen or lawful permanent resident;
- Have continuously resided in the United States since January 1, 2010;
- Were present in the United States on November 20, 2014;
- Not have lawful immigration status on November 20, 2014;
- Not have been convicted of certain criminal offenses, such as felonies and certain misdemeanors.
*Advance Parole – Permission to leave and re-enter the United States
It is expected that DAPA beneficiaries will receive the option to apply for Advance Parole to exit the U.S., similar to DACA applicants. DACA applicants can only be granted travel for humanitarian, educational, or work-related reasons. USCIS must first approve your request for advance parole. If approved, and once the immigrant returns to the U.S., under current case law, they will be eligible to adjust their status without leaving the U.S., and get their green card, if they are an immediate relative.
Well then, What To Do?
Many people might notice that they qualify for both the waiver and DAPA. It is best to discuss your options with an attorney and understand the risks, benefits, costs, and requisites of each option. Then, you can decide which is better for you – or you may do both!
Getting a green card is hands down better than just deferred action. However, you may have particular risks or issues that put your case in jeopardy. For instance, if you cannot prove extreme hardship to your qualifying relative, your waiver would be denied, and your time and money wasted. It is also important to determine whether you are inadmissible for any other reason if you are pursuing the waiver process, as you could end up being denied at your consular interview and find yourself stuck outside of the United States.
Sometimes, you may want to do both. You’ll be protected from deportation if your permanent residency case goes wrong, or is delayed, like if you cannot afford the time or money to travel for your interview just yet. Depending on your circumstances, you may be able to travel under DAPA and then switch to an adjustment after you come back.
At least, it’s good we have choices, (…hopefully.)
Be on “High Alert” to Phone Fraud Scam
Have you received a call from someone claiming to be an IRS employee? BEWARE… It’s probably a scam! This scam is aggressive, relentless, ruthless, and the largest scam of its kind ever.
Just in the last year and a half, reports of roughly 290,000 such contacts have been reported to the IRS, and 3,000 victims who have collectively paid over $14 million as a result of the scam.
Be forewarned and spread the word! Victims are typically told they owe money and that it must be paid promptly through a pre-loaded credit card or wire transfer.
THE IRS USUALLY DOES NOT INITIATE CONTACT WITH PEOPLE OVER THE PHONE!!!! (There are a few exceptions)
The scam characteristics include:
- Scammers use fake names and IRS badge numbers. They generally use common names and surnames to identify themselves.
- Scammers may be able to recite the last four digits of a victim’s Social Security Number.
- Scammers spoof the IRS toll-free number on caller ID to make it appear that it’s the IRS calling.
- Scammers sometimes send bogus IRS emails to some victims to support their bogus calls.
- Victims hear background noise of other calls being conducted to mimic a call site.
- After threatening victims with jail time or driver’s license revocation, the scammers hang up, and then someone soon calls back pretending to be from the local police or DMV, and the caller ID supports their claim.
If you receive a phone call of this nature, hang up and notify your local authorities, note telephone numbers, names, and any discussion you had with the caller. While we may not be able to catch the culprits, but at least THEY know we KNOW!
REPORT the scam here: http://www.treasury.gov/tigta/contact_report_scam.shtml
We can take action by warning everyone and keeping the general public informed. Whether during a time of disaster or good fortune, there are a few unscrupulous individuals that target specific populations in order to finagle them out of their hard earned savings.
Remember, because you are elder, illegal, or belong to a certain population, this does not give others the right to abuse or take advantage of your situation.
For further information about IRS scams and similar scams, see the links below:
http://www.treasury.gov/tigta/press/press_tigta-2015-01_home.htm
http://newamericamedia.org/2015/03/uncle-sam-wants-daca-recipients-to-avoid-tax-scams.php
You May No Longer Be Safe From ICE!
More and more undocumented immigrants find themselves in ICE custody and in removal proceedings, regardless of their DAPA/DACA eligibility. Unfortunately, following a court-ordered injunction last month (see INJUNCTION= INJUSTICE) on President Obama’s executive action, there seems to be a shift in enforcement efforts by ICE.
They Can’t Deport Everybody!
On November 20, 2014, the President and his administration released multiple memos regarding immigration policies and enforcement (see links below). The two main relevant points here are:
- Immigration Policies: Creation of DAPA (Deferred Action for Parents of Americans and Lawful Permanent residents) and expanded DACA (Deferred Action for Childhood Arrivals)
- Enforcement: Setting guidelines for removal (deportation) priorities. Three priority levels were created for removal of aliens, including:
- Priority 1 – threats to national security, border security, and public safety (such as aliens with felonies or gang-related crimes);
- Priority 2 – misdemeanants and new immigration violators (such as aliens with three or more misdemeanors, or a “significant” misdemeanor/DUI);
- Priority 3 – aliens with previous removal orders on or after 01/01/14.
Since the Department of Homeland Security cannot remove all unlawfully present aliens due to limited resources, the priority levels above allowed the agency to exercise “prosecutorial discretion,” providing DHS with guidelines as to where it should allocate its resources.
The memos also instructed DHS to exercise its prosecutorial discretion and to not remove any aliens, even in removal proceedings, who qualify for the DAPA and/or expanded DACA programs.
What’s Going On Now?
ICE offices around the country have received orders from their headquarters in Washington about the November 20, 2014 Prosecutorial Discretion Memo in regards to DAPA and DACA-eligible aliens. They are still enforcing their three priority levels, but they are no longer taking DAPA and expanded DACA eligibility into account when making decisions about whether to deport them or to let them go in the exercise of discretion. ICE officers have even removed related flyers and guidelines from their offices and detention facilities.
ICE is definitely enforcing its three removal priority levels, and even more so in the last week. Do you have a DUI, previous removal orders, or past immigration violations? If you fall under any of the three enforcement priority categories, be wary, even if you qualify for DAPA or DACA relief. The November memos are only guidelines, not instructions, so there are inconsistencies around the country, and more uncertainty ahead as we await the result of the injunction on the President’s executive orders.
Links to memos and more information:
http://blogs.ilw.com/entry.php?8490-ICE-No-Longer-Honoring-New-Prosecutorial-Discretion-Memo
http://www.dhs.gov/sites/default/files/publications/14_1120_memo_prosecutorial_discretion.pdf
http://www.dhs.gov/sites/default/files/publications/14_1120_memo_deferred_action.pdf
Implementing Obama’s Executive Order Will Super-Boost the Economy!
It’s a shame that the implementation of President Obama’s executive order has been temporarily halted. The President’s executive action, announced on November 20, 2014, proposed an expanded DACA and a new DAPA program to help our broken immigration system. The plans betters our society, and furthermore, our economy, on a state and national level. The president’s Council of Economic Advisers has found that implementing the order will grow the U.S. economy by $90 billion to $210 billion by 2025.
California’s economy
In California, the economy could be boosted by as much as $27.5 billion. With work permits, undocumented immigrants will be able to move up to better jobs and better pay. The workforce will grow. This means that these people will be able to spend more into the economy, and pay more taxes into the system (the executive order requires immigrants to pay taxes). Some numbers and points from the White House’s study of the executive order:
• An $11.7 billion increase in the state’s GDP to $27.5 over the next ten years.
• A boost in productivity from up to 1.5 million more people who could pay taxes and contribute to the state’s economy.
• An increase in revenue for California’s budget
• An increase in community investment – in schools, homes, and businesses
• A boost in the average wage for all U.S.-born workers (in California, and nationally) by $170 a year.
Our communities and society will be a safer, more regulated place
In regards to bettering society, President Obama’s executive order requires immigrants to pass background checks. This will help to ensure that hard-working, honest immigrants benefit from the order, while prioritizing the removal of unwanted immigrants with certain criminal records.
Since DAPA (Deferred Action for Parental Arrivals) will provide protection from deportation, law enforcement will benefit from the executive order as well. Many undocumented immigrants face fear of deportation when coming in contact with law enforcement. With DAPA, immigrants will not have to have these fears anymore, due to their legal status. More crimes will be reported and more criminals prosecuted, helping to make society safer.
Higher-skilled workforce
It will also be easier and faster for high-skilled immigrants, graduates, and entrepreneurs to stay and contribute to our economy. Under the current law, it can be difficult and lengthy for foreign-born worker to change jobs while waiting for permanent resident status. With Obama’s proposed changes, high-skilled immigrants should find it easier and more appealing to remain in the United States and help the nation be at the forefront of research, innovation, and technology. Of course, the U.S. economy benefits greatly from keeping these high-skilled workers in the country, rather than taking their talents elsewhere.
Links for more info:
Click to access cea_2014_economic_effects_of_immigration_executive_action.pdf
http://www.latimes.com/local/california/la-me-obama-immigration-20150127-story.html
INJUNCTION = INJUSTICE!!!
U.S. District Court Judge Hanen has issued a temporary injunction against President Obama’s proposed immigration executive actions that would expand DACA and create DAPA.
How does this affect people already in the process of renewal or initiating a DACA under the original DACA program?
It does not affect applicants who have submitted their forms under the existing DACA program. Initial and renewal applications for the original DACA are being processed.
How does the injunction affect the new DAPA (Deferred Action for Parents of Americans) program?
The current injunction also suspends this program. DAPA was anticipated to start in May 2015.
Although we are concerned that the court process may take a long time to resolve, we are hopeful that it will be resolved soon to get the programs back on track.
Beware of fraud or scams! “No one can process Expanded DACA’s or DAPA’s” until there is a decision from the court.
Check out the Whitehouse’s statement here.
U.S. Department of Homeland Security announced that it strongly disagrees.
Over 2 million deported by the Obama administration.
438,421 people were deported by the Obama administration in 2013, a record number, bringing the total deportations for President Obama to well over 2 million during his time in office.
See the NY Times article .
Here’s the official report from Homeland Security.
Hopeful End to Operation Streamline
Operation Streamline is a “zero-tolerance” immigration crackdown that requires all undocumented immigrants caught trying to enter the U.S. illegally to be criminally prosecuted, resulting in mass criminal convictions that carry stiff penalties and imprisonment. The program was meant to be a deterrent and is very harsh, targeting migrant workers with no criminal history who are caught for the first time.
Well, the federal courts are not able to handle all of those people caught and being thrown in federal court, which has resulted in a “conveyer belt” or “assembly line” way of convicting them and sending them to jail or prison.
For example, see the articles here:
http://www.msnbc.com/msnbc/operation-streamline-immigration-nightmare-arizona-courts
Was this working? Is it fair and due process? And, is this necessary? Finally, they are cutting back and not going after first time offenders anymore, they say.
See these articles here:
http://www.msnbc.com/msnbc/feds-easing-back-some-operation-streamline-prosecutions
More local counties in Washington, Oregon, and Colorado are no longer complying with immigration detainers
Commonly known as an “immigration hold” or an “ICE hold,” a person can be held beyond their required jail time when immigration requests the local police to hold that person (at the locality’s expense) until they get around to processing the person for evaluation and deportation.
Because of budget problems and because it is a Constitutional violation to keep a person locked up beyond their required time, the local authorities in many counties in many states have stopped honoring these immigration detainers.
For example, read about it here: http://www.oregonlive.com/pacific-northwest-news/index.ssf/2014/05/washington_colorado_counties_j.html
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