Global Immigration Counsel : Immigration Lawyer & Attorney : Littler Mendelson Law Firm : Permanent Residence, Labor Certification : Global Immigration Counsel

On September 21, 2010, a cloture motion on the National Defense Authorization Act for Fiscal Year 2011 (S. 3454) fell four votes shy of the 60 required to advance the measure in the Senate. Senate Majority Leader Harry Reid (D–NV) intended to include the Development, Relief and Education for Alien Minors Act (DREAM Act) (S. 729) as an amendment to the bill. Also included in the defense bill was a provision to repeal the U.S. military’s “don’t ask, don’t tell” policy.

The DREAM Act is supported by President Obama, various business groups and the AFL-CIO. The Act would provide six years of conditional permanent residency to certain undocumented minors who have completed high school and go on to join the military or attend college for at least two years.

All Republican senators—save for Lisa Murkowski (R-AK), who did not vote—voted against the motion. Two Democrats, Senators Blanche Lincoln (D-NE) and Mark Pryor (D-NV), also cast votes against the motion. As a procedural safeguard, Senator Reid cast a “no” vote in order to retain the right to bring the motion up for vote again.

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The State Department has announced that from October 5, 2010, to November 3, 2010, individuals may register for the 2012 diversity visa lottery.

For 2012, 50,000 diversity visas will issued. To be eligible, applicants must possess:

• a high school education or its equivalent; or
• two years of work experience, in a profession requiring at least two years’ training or experience, during the past five years.

The lottery procedure randomly selects qualified applicants from six geographic regions with low rates of migration to the United States. Within each region, no country may receive more than 7% of the available diversity visas in any one year. No visas are awarded to nationals of countries sending more than 50,000 immigrants to the United States over the period of the past five years. Selectees will be notified of their selection through the Entry Status Check, available starting May 1, 2011, via the program’s website, www.dvlottery.state.gov.

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India has removed the 1% cap on visas for foreign nationals on project workforces, the Hindustan Times reports. The cap was introduced in order to cut back the large numbers of Chinese nationals working on infrastructure projects in India and to increase domestic employment. According to The Economic Times, the number of Chinese workers decreased after India streamlined its immigration processes by only issuing employment visas to skilled Chinese nationals, so the cap was no longer necessary.

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United States Citizenship and Immigration Services has released updated H-1B visa numbers for Financial Year (FY) 2011: 38,300 H-1B regular cap petitions and 14,000 H-1B Master’s Exemption petitions were filed as of September 17, 2010. Limitations for FY 2011 are 65,000 H-1B regular cap visas and 20,000 H-1B Master’s Exemption visas. Filing numbers were strong initially, with 19,000 petitions filed in the first week, but slowed afterwards, as we noted in April and June.

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The Houston Chronicle is questioning the efficacy of immigration-related employer audits after obtaining documents concerning 430 “closed” audits conducted by U.S. Immigration and Customs Enforcement (ICE). Although the records revealed potentially egregious violations (e.g., 93% of one audited company’s workforce had “suspect” documents on file), the Chronicle contends that insufficient action was taken in these instances. Instead of levying fines against companies, initiating deportation proceedings against undocumented workers, or criminally charging noncompliant employers, the Chronicle alleges that ICE’s enforcement actions (in most cases, ordering the employer to dismiss the workers with suspect documents) were inadequate.

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The U.S. Mission in Canada has announced that, as of September 1, 2010, individuals who need a visa in order to travel from Canada to the United States will receive appointment services, including information and scheduling-related calls, at no cost. Additionally, visa applicants are directed to Consular Services Canada’s Visa Information Services to obtain information on starting an application for a U.S. visa. Under the new scheme, applicants must pay their application fee prior to scheduling an appointment. For those who previously paid the fee, but had not scheduled an appointment, there will be a grace period, until October 1, 2010, in which to schedule an appointment and apply that fee. Those failing to do so prior to October 1 will be required to pay the fee again to secure an appointment.

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Politico reports that candidates in 20 (out of 37) of this year’s gubernatorial races favor tough anti-immigration measures, be they a Democrat, Republican, or third-party candidate. Not all initially campaigned in support; however, conversion is unsurprising given candidates’ desire to secure the confidence, and votes, of an electorate that, recent polling data suggests, increasingly favors tougher immigration laws.

Jobs remain scarce, benefits are decreasing, and supporters of strict immigration laws believe such measures will improve the outlook for both. Moreover, many voters are dismayed by the stalled federal immigration reform and, accordingly, are pressing state officials to take up the legislative mantle. Politico anticipates that, if these candidates prevail, there will be a surge of legislation mandating that employers use E-Verify to authenticate workers’ legal status, as well as of legislation concerning immigration status in relation to drivers’ licenses, public assistance, and education.

Image credit: 3dbrained

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The Department of Homeland Security’s (DHS) Office of Immigration Statistics has released the 2009 Yearbook of Immigration Statistics (pdf). The Yearbook provides statistical data on U.S. immigration, specifically:

• Nonimmigrant Admissions: The number of foreign nationals admitted to the United States on a temporary basis, e.g., as tourists, students, business visitors, or temporary workers. Notably, the number of admissions based on H-1B status (temporary workers in specialty occupations) has decreased from a peak of 461,730 in 2007, down to 409,619 in 2008 and 339,243 in 2009.
• Legal Permanent Residents: The number of foreign nationals who became legal permanent residents.
• Refugees and Asylees: The number of asylum or refugee status applicants.
• Naturalization: How many foreign nationals became naturalized U.S. citizens.
• Enforcement Actions: What enforcement actions were taken by DHS, including apprehension of illegal aliens, removals and prosecutions.

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Senator Jeff Merkley (D–OR), who has been working with Sen. Charles Schumer (D-NY) on a comprehensive immigration bill, does not expect action on immigration reform this year, according to The Hill. The senator’s statement exemplifies the on-again, off-again relationship that legislators have with immigration reform. Below is a brief recap of comprehensive immigration reform developments so far in 2010:

• February: Although immigration reform was a staple of President Obama’s campaign and early-term rhetoric, his State of the Union Address contained only one sentence on the topic.
• March: Senators Schumer and Lindsey Graham (R–SC) unveiled their “blueprint” for comprehensive reform.
• April: Senate Majority Leader Harry Reid (D–NV) predicted that the issue would not be addressed until after Memorial Day.
• June: President Obama urged Republicans to work with Democrats to pass a bill.
• July: In a keynote speech at American University’s School of International Service, President Obama pressed for immigration reform.
• August: A spokesperson for Senator Dick Durbin (D–IL), who introduced the Development, Relief and Education for Alien Minors Act (the "DREAM Act") (pdf), legislation to help students who immigrated to the U.S. as children obtain citizenship, reportedly said that comprehensive immigration reform is still possible in 2010.

Meanwhile, some state and local governments have attempted to fill the void they believe is created by federal inactivity on immigration reform, with Arizona attracting the most attention.

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