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Backlog News-Breaking News
For those of you who have been anxious to know (and you know who you are) the Department of Labor PERM website at www.plc.doleta.gov now indicates that the Backlog will be eliminated by September 30, 2007.

Volume I-3 April Newsletter

Immigration Reform On Recess: Hopes Dashed by the Senate-What happened?

The majority of this newsletter will discuss the current status of the immigration reform debate. On March 27, 2006, the Senate Judiciary Committee passed a 471 page bill known as the Comprehensive Immigration Reform Act. Senate leaders on Thursday April 6, 2006 reached a compromise on some of the more controversial provisions of the bill such as the pathway to citizenship for certain individuals already illegally in the United States. The compromise known as the Hagel/Martinez compromise made the bill unacceptable to some Republican Senators. The Senate leadership wanted to limit the amendments or changes that could be made to the bill. There was a vote to limit debate on the bill and the Republicans defeated the limit on debate called cloture by a vote of 38-60. Democrats then blocked Republican efforts to end the debate and proceed to a vote on Senator Frist’s Border Security bill which is an enforcement only bill. This bill was defeated. The bottom line is that we went into the Easter recess with no bill.

Meanwhile, throughout the United States pro immigration rallies known as a National Day of Action were held with estimates of 1 million people nationwide. The media coverage has brought this issue directly to the American people. The House and Senate will reconvene on April 24, 2006. Senator Spector has scheduled a judiciary mark up for April 27, 2006 which will result in a possible new version of the bill.

After the dust settled, both sides of the aisle blamed the other for the failed efforts. Many are blaming Harry Reid a democratic leader who they believe sided with AFL-CIO President John Sweeney who released a statement indicating “guest worker programs are a bad idea and harm all workers.” Clearly politics got in the way of providing a solution to our immigration problems. In hindsight neither party probably had the votes needed to pass the bill. Take heart, the issue is not dead. Keep contacting your Senators and Congressman and tell them you support immigration reform. Explain your position on the issues of concern to you. There are issues that are important other than the pathway to citizenship for undocumented individuals. Greg Siskind a member of the American Immigration Lawyers Association and a Partner in the law firm of Siskind, Susser, PC prepared an excellent summary of the key provisions of the Immigration Reform Act of 2006. This Summary is available on his website or click here to read.

Supreme Court to Hear Immigration Drug Cases-Is a misdemeanor a felony?

The United States Supreme Court will be hearing two cases addressing whether a state controlled substance conviction can constitute an “aggravated felony,” as defined in the Immigration and Nationality Act (INA).

Section 101(a)(43)(B) of the INA makes it an “aggravated felony” for any alien to be convicted of a drug “trafficking” crime, as defined under federal law. A conviction for an “aggravated felony” renders a foreign national subject to removal from the United States.

The issue presented to the Court in these two cases is whether a state law felony drug crime that would only amount to a federal law misdemeanor crime can still constitute an “aggravated felony” under immigration law.

The cases are Lopez v. Gonzales, 417 F.3d 934 (8th Cir. 2005) and Toledo-Flores v. United States, 149 Fed. App. 241 (5th Cir. 2005).

An answer to this issue will resolve a split in the Circuit Courts

H-2B Cap Reached or was it the H-1B cap?

The rumor that the H-1B cap was reached is not true. After just two days of filing CIS reports that filing levels were consistent with last year’s filings. Last year we reached the cap in August. As of April 4, 2006 the H-2B cap has been reached for the second half of fiscal year 2006.

Filing Changes for I-140 and I-129,- It’s confusing enough without changing things!

On March 24, 2006, USCIS announced changes to the filing procedure for two employment-based applications. Effective April 1, 2006 all Petitions For Non-Immigrant Worker, Form I-129 are to be filed in the Vermont Service Center. All Petitions for Immigrant Workers, Form I-140s will be filed in the Nebraska Service Center.

Non-Current Employment Based I-485s- Adjudicated?

The Nebraska Service Center will begin to process I-485 cases for which visas are not available. The preadjudication initiative is to prepare eligible cases to the greatest extent possible short of approval in anticipation of the availability of a visa. You may therefore receive an RFE or Biometrics appointment. Why just Nebraska??

Substitution, Here Today, Gone Tomorrow?

The comment period on the proposed Department of Labor regulation eliminating substitutions, truncate the validity period of labor certifications and prohibiting employees from paying attorneys fees and costs ends this month. Hopefully the Department of Labor will take heed of the large number of comments received opposing this proposal.

45 Day Letters-Still No Word!

The Department of Labor announced it would issue a policy statement by the end of March with respect to labor certification applications closed improperly for failure to reply to the 45 day letter. To date the Department of Labor still has not issued policy on this important issue.

Lost your labor certification?

The Department of Labor has issued it’s eighth set of FAQs (Frequently Asked Questions). These are available on the Department of Labor website. These FAQs describe the process for requesting a duplicate labor certification.

S&K Happenings.

Matt and his wife are still waiting patiently for the arrival of Baby Sophia or Sofia, depending on whether you listen to Matt or his wife. This will be the tenth child we welcome at S&K.

Our office closed on Good Friday in observance of the Easter Holiday. Jane and Scott are heading to Mexico (not together).

If your group or organization would like one of our attorneys to discuss an immigration topic at a meeting or function, please contact us at info@inslawonline.com.

The information contained in our newsletter is not meant as legal advice. The information is of a general nature and does not create an attorney client relationship. Please consult a qualified attorney and discuss the specific facts of your case before taking any action.