August 2009 Archives

Mexico and Brazil are looking to secure a trade pact with each other to boost trade and investment.  The two countries account for more than 70 percent of Latin America's GDP. 

Mexico took steps this week to improve border and customs security by replacing 700 custom officials with highly trained and educated officials.  Mexico plans use x-ray equipment to detect prohibited items at its ports of entry, and scan/photograph every car of the 230,000 cars that enter at the border each day.

Over the weekend, I spent 20 hours reading articles and 6 hours watching Congressional testimony.  I must say the Congressional testimonies are conducted in such a civilized manner that I am disgusted how bits and pieces are blown out of proportion.  I encourage everyone to watch what Congress is already doing on immigration reform.  Reform is already happening.  As suggested, over and over again, what many are seeking is actually immigration resolution.  Folks, this will likely occur in 2010, as 2009 is almost over.

I recommend a few key links:

U.S. Senate Committee on the Judiciary -  Subcommittee on Immigration, Border Security, and Citizenship

30 April 2009 - Comprehensive Immigration Reform in 2009, Can We Do It and How?

20 May 2009 - Securing the Borders and America's Points of Entry, What Remains to Be Done

24 June 2009 - Schumer Announces Principles for Comprehensive Immigration Bill in Works in Senate

25 June 2009 - Press conference after the White House meeting

21 July 2009 - Ensuring a Legal Workforce: What Changes Should be Made to Our Current Employment Verification System?

This should be enough material for now.  Will post more as time allows. 

President Obama still indicating immigration resolution is still set for 2010.  A few weeks ago, Sen. Chuck Schumer (D-NY) indicated a preview of the bill will be available this fall - perhaps by Labor Day.  See "Principles for Comprehensive Immigration Reform."  Schumer later expressed the limitations of E-Verify for new hires, which is mandatory in 12 states, and reproposed the need for biometrics. 

The industry is already preparing the groundwork. 

Industry sources say individuals would need to register their fingerprints with a government agency. The encrypted digital fingerprints would be stored on a database or possibly on a microchip embedded on a card or token. Employers would scan job applicants' fingerprints and verify them against the database, card or token.

- Washington Technology, August 6, 2009

The U.S. Citizenship and Immigration Services (USCIS) announced today that 25,000 H-2B temporary foreign non-immigrant work visas are now available for start dates on or before September 30, 2009. These visas are for education, construction, healthcare, landscaping, manufacturing, food service/processing, and resort/hospitality services. 

This is good news for these industries and the United States as it serves as a successful work visa program that I have been advocating for more than 5 years.

Even USCIS seems a bit business-minded as well.  For example, the standard processing time of a visa petition is 60 days, so USCIS is recommending applicants pay the $1,000 premium processing fee for expedited adjudication.  In other words, USCIS could potentially earn $25 million dollars in expedited processing fees for releasing these 25,000 visas.  Including the $320 application fee, that's another $8 million dollars.  Then there is a $150 Fraud Prevention and Detection Fee authorized under the Save Our Small and Seasonal Businesses Act of 2005, bringing in another $3.75 million.  Not a bad business model at all. USCIS is even launching a new website on September 22.  Reforming immigration starts at USCIS, and from a couple of indications, the agency looks ready to reinvent itself.

If you are an employer looking to hire foreign non-immigrant laborers, more information can be found here:  I am an Employer - How do I...Hire a Foreigner National for Short-Term Employment in the United States?  The I-129 and the Department of Labor Employment & Training Administration ETA-750A Alien Employment Certification requires completion.  Here are some USCIS instructions and DOL FAQs about H-2B program.  Mail checks or money orders, no cash.

If you are filing for premium processing, be sure to include Form I-907, Request for Premium Processing Services and read its instructions.  All expedited applications must be sent indicating premium processing to the Vermont Service Center or the California Service Center.

As you will find in the ETA-750A and DOL FAQs, in order to qualify for the H-2B program, the employer must describe efforts like advertising in a newspaper to recruit American workers.  Depending on the occupation, the State Workforce Agency may advise on what efforts might qualify to satisfy this requirement.  A powerpoint presentation "H-2B Non-agricultural Temprorary Worker Final Rule" from 7 January 2009 is also helpful explaining the program and rule changes for FY2009 and FY2010.