Senators Menendez and Leahy Introduce Comprehensive Immigration Reform Bill

Posted on October 6, 2010 by Immigration/Global Migration Group

On September 29, 2010, Senators Robert Menendez (D–NJ) and Patrick Leahy (D–VT) introduced “The Comprehensive Immigration Reform Act of 2010” (S. 3932). According to Senator Menendez, the bill “addresses long-standing, wide-ranging flaws in the immigration system that have been priorities of groups on each side of the immigration reform debate.” The bill was introduced shortly before Congress adjourned for its mid-term election recess. As reported by The Hill, Senator Menendez defended his timing for introducing the bill by stating that it could lead to possible “lame-duck movement” on the legislation, and in the longer term it serves as an "invitation to bring Republican colleagues to discussion" on immigration reform.

S.3932 addresses six major immigration topics, highlights of which include:

  • Border Enforcement
    • Establishes border enforcement “triggers” that must be met before unauthorized immigrants can apply for permanent residency.
    • Requires the Department of Homeland Security (DHS) to review assets and staffing needed for border security and enforcement, and funds improvements and hiring in accordance with this review.
    • Clarifies that the power to regulate immigration rests with the federal government, not states and local authorities, and that the latter have no “inherent authority” to enforce federal immigration laws (outside of 287(g) agreements).
  • Interior Enforcement
    • Requires DHS to track noncitizens’ departures to ensure they do not overstay their visas.
    • Expands penalties for passport, visa and immigration fraud.
    • Denies “visa waiver” privileges to countries whose citizens attempt to overstay visas.
  • Worksite Enforcement
    • Requires that all employers adopt an employment verification system within five years.
    • Creates a new fraud- and tamper-resistant Social Security card.
    • Requires workers to use fraud- and tamper-resistant documents to verify work authorization.
  • Reforming the Legal Immigration System
    • Creates the structure for a new nonimmigrant visa program (H‐2C) to address shortcomings in existing worker programs that have led to undocumented migration.
    • Expands labor protections in current H-2A, H-2B, H-1B and L-1 visa programs.
    • Incorporates the AgJOBS bill, which provides a path to permanent residency for farm workers and revises agricultural employer sponsorship requirements.
  • Legalization of Undocumented Individuals
    • Creates Lawful Prospective Immigrant (LPI) status for non-criminal undocumented immigrants living in the United States since September 30, 2010. LPI applicants must, among other requirements, submit biometric and biographical data, undergo security and law enforcement checks, and pay a fine.
    • Incorporates the DREAM Act, which creates a path to legal status for individuals brought illegally to the United States as children, provided they meet certain criteria and enroll in college or the U.S. military.
  • Immigration Integration and Other Reforms
    • Enhances programs and policies to help immigrants learn U.S. civics and the English language.
    • Provides humanitarian visas for Haitian children orphaned by the 2010 earthquake.
    • Requires the State Department to develop a strategy to reduce migration pressures.
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H-1B & L-1 Visa Fee Increases Take Effect

Posted on August 27, 2010 by Immigration/Global Migration Group

Passport StampU.S. Citizenship and Immigration Services (USCIS) announced that, as of August 13, 2010, H-1B and L-1 visa application fees increased by $2,000 and $2,250, respectively, for certain businesses. The fee increases, as previously discussed, are mandated by the recently enacted border security law (Public Law No. 111-230) (pdf). Accordingly, petitioning businesses with 50 or more employees in the United States and with 50% or more of its employees in the United States on H-1B or L visas must submit the additional fees:

  • initially to grant an alien nonimmigrant status described in subparagraph (H)(i)(b) or (L) of section 101(a)(15); or
  • to obtain authorization for an alien having such status to change employers.

USCIS is currently updating the Petition for a Nonimmigrant Worker (Form I-129) to comply with the new law. Moreover, USCIS recommends that petitioners include the additional fee(s) in their application packet(s) or include a statement or other evidence demonstrating why the fee does not apply. If USCIS does not receive the additional fee or a statement or evidence of why the additional fee does not apply, it may issue a Request for Evidence to determine whether, in fact, the new law applies to the petitioner.
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Senate Approves $600M Border Protection Bill Financed by Increased Employment Visa Fees

Posted on August 12, 2010 by Immigration/Global Migration Group

During a special session held this morning, the Senate passed a $600 million spending bill (pdf) that will increase law enforcement presence at the United States’ southwestern border with Mexico and will finance additional aerial drones and construction of two operating bases. The Senate passed an identical bill (S. 3721) on August 5 before adjourning for recess, but for technical reasons the Senate needed to approve the version of the bill approved by the House of Representatives on August 10 before sending it to President Obama for signature.

The spending measure will be financed by increasing visa application fees on businesses with 50 or more employees in which more than 50% of the workforce holds an H-1B or L visa; specifically:

  • the L visa application fee will increase by $2,250; and
  • the H-1B visa application fee will increase by $2,000.

A major target of the increased fees are foreign-owned businesses whose workforces are largely comprised of foreign workers. Some contend these businesses are finessing regulations in a way that violates the spirit of U.S. immigration laws. Opponents of the bill include India’s high tech industry, which maintains a strong presence in the United States and benefits from both visa programs. As reported by the New York Times, industry representatives claim that the fee increases are being levied discriminatorily and violate international trade practices.
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H-1B Visa Remains Hot Topic, Even as Applications Decrease

Posted on October 8, 2009 by Immigration/Global Migration Group

Even with a considerable decrease in H-1B visa applications during the past year (nearly 20,000 visas remain available for 2009, whereas in 2008 over 163,000 applications were submitted within days of the entry period opening), issues surrounding the H-1B program remain very visible, so much so that Computerworld.com has issued a “10 top H-1B stories” list for fiscal year 2009. The following stories made the list:

  1. The H-1B and L-1 Visa Reform Act of 2009. The bill would limit, to 50%, the percentage of visa holders a company could employ in its U.S. workforce.
  2. Comprehensive Immigration Reform. Senator Charles Schumer (D-NY), chair of the Immigration, Refugees and Border Security subcommittee, is pushing for reform and supports the H-1B program. At a subcommittee hearing, former Fed Chairman Alan Greenspan spoke in favor of the H-1B visa.
  3. TARP. Congress placed H-1B restrictions on banks receiving bailout money.
  4. USCIS’s Increased Enforcement Efforts. Reports indicate that 20% of H-1B applications have problems, including fraud.
  5. H-1B and Wages. A New York University / University of Pennsylvania study found evidence that H-1B workers reduced tech wages by as much as 6%.
  6. The Recession. The economic downturn impacted the number of H-1B applications, particularly in the past few months.
  7. Department of Justice Charges. The department filed complaints alleging H-1B fraud against a dozen individuals and companies, which some claim was the largest H-1B enforcement action ever taken by the federal government.
  8. The Obama Administration. The President has appointed many H-1B supporters. Officials include IT industry leaders who benefit from the program and have argued for the end of H-1B visa restrictions.
  9. Legal Challenges. Tech workers challenged President George W. Bush’s decision to extend (from 12 months to 29 months) the duration of student visas, alleging it created a vehicle to side-step H-1B restrictions.
  10. The Shrinking IT Job Market. The H-1B visa program is central to the debate about the effects of globalization on the technology job market.
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Leader of Indian Software and IT Industry Association Visits Washington, D.C. to Discuss Immigration Policy

Posted on May 28, 2009 by Immigration/Global Migration Group

Som Mittal, president of Nasscom, the industry association representing Indian software and IT services firms, recently met in Washington, D.C. with various U.S. government officials and representatives of trade organizations. In an interview with InformationWeek, Mittal stated that he was in D.C. "to provide perspective on the Durbin-Grassley bill," bipartisan legislation aimed at preventing abuse and fraud in the H-1B and L-1 visa programs. Based on his meetings, Mittal said he thinks that the Obama administration and Congress are likely to consider H-1B and L-1 provisions as part of broader immigration reforms, perhaps later this year.

Mittal also noted that, from his perspective, the H-1B and L-1 visa programs should be considered matters of trade policy rather than immigration, stating: “Our data shows that [H-1B visa holders] stay in the U.S. less than two years.” He further commented:

Other countries, including the U.K., France, Germany, Japan, and India provide work permits to bring in foreign workers temporarily. It's not about immigration, it's about trade.

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Bill Would Overhaul H-1B and L-1 Visa Programs

Posted on April 27, 2009 by Immigration/Global Migration Group

Last week Assistant Senate Majority Leader Richard Durbin (D-Ill.) and Sen. Charles Grassley (R-Iowa) introduced legislation that would completely reform the H-1B and L-1 visa guest worker programs. The H-1B and L-1 Visa Reform Act (S. 887) aims to close perceived loopholes in the programs that critics argue allow foreign workers to displace qualified Americans seeking the same employment.  Continue reading this entry on Littler's Washington DC Employment Law Update blog.

 

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