The published "Notice of Proposed Rulemaking (NPRM)" can be found at the http://www.foreignlaborcert.doleta.gov/pdf/H2A_NPRM_090409_Elissa_090409.pdf.
]]>We can build all the fences we want. But we will not stop illegal immigration until there are comprehensive reforms that include a secure worker identification system, tougher sanctions against employers who hire the undocumented, tougher enforcement against legal immigrants who overstay their visa, a system to allow substantially more temporary workers into the country legally, and a path to legalization for the 12 million undocumented immigrants who now call the United States home.
- September 22, 2009
There are a few other good snippets in there as well: the fence cost $3.6 billion to build, but will cost $6.5 billion to maintain for 20 years; the 2010 virtual fence for San Diego will actually be rolled out in 2014/15 (the 5-year plan turned into a 10-year plan).
If you are a reader of myworkvisa.us, you will know we believe in immigration resolution and not CIR. 'Comprehensive' is a misnomer attempting to wrap all proposals into one large bill--a feat that is impossible. In order to express our thoughts thoroughly, we plan to post more regularly on our blog and publish our plan in a forthcoming book. Stay tune.
]]>In any case, myworkvisa.us welcomes the news. Specifically, immigration resolution requires the United States to have a fully functioning and responsive immigration agency. Furthermore, never before has U.S. immigration information been so readily available for all to read and download the necessary forms. Petitioners can even check their respective status and get email updates. Some applications can even be submitted online.
Automating USCIS processes and procedures is a major accomplishment. We thank those who made it possible.
]]>As of September 8, all federal contractors and subcontractors are required to use E-Verify. Overall, we see E-Verify as a key element for paving the way for immigration resolution in 2010.
]]>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.
]]>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
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.
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