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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-4 May Newsletter

IMMIGRATION REFORM-NOW OR NEVER

On May 15, 2006, president Bush addressed the nation announcing he will send 6000 National Guard troops to the U.S. border with Mexico. This was an effort to win the support of conservative members of his own party to support comprehensive immigration reform. Reaction to the plan has been mixed.

The President also called for the enactment of the guest worker program emphasizing that it is not an amnesty program as so many have tried to label it. The speech comes on the heels of the Senate beginning debate of S 2611, the Hagel-Martinez compromise, the details of which have appeared in our previous newsletters. The question is to what extent will the bill be changed by amendments before it is brought to a vote. The bill is far from perfect but it would provide relief to millions of undocumented workers. Senate majority leader Bill Frist has indicated he would like to pass a bill before the Memorial Day Holiday. Issues are still being discussed regarding the undocumented population in the United States. It is too early to tell what the final version of the bill will contain. Keep up the pressure on your Congressman and Senators and let them how you feel

There are several stand-alone bills that have been introduced. The first is HR 5131, known as THE Dream Act. This bill will allow students who have grown up in this country, graduated from high school and have no criminal record to go to college and legalize their status.

On May 2, 2006 the “SKIL” bill (Securing Knowledge Innovation and Leadership) was introduced into the Senate. We encourage you to review the full text of this bill. Briefly we have listed some of the highlights below:

1. Raises the H-1B cap from 65,000 to 115,000;
2. Creates uncapped exemption for advanced degree holders including
   Those awarded a medical specialty certification based on US post
   Doctoral training and experience;
3. Modifies the existing 20,000 US advanced degree cap to include those
   With an advanced degree from an institution of higher learning in a foreign country;
4. Raises the employment based immigrant visa cap from 140,000 to 290,000, And authorizes the re-capture of unused visas from 2001-2005;
5. Retains current green card allocation so that majority of visas go to highly educated and skilled workers
6. Provides a number of cap exemptions for employment based visa;
7. Re-allocates student classifications and extends OPT to 24 months;
8. Eliminates immigrant intent for F-1 students.
   

ICE IS BUSY-STEPPED UP ENFORCEMENT EFFORTS

While Immigration reform efforts seem stalled in the Senate, Homeland Security is implementing their new Secure Border Initiative, which increases interior enforcement efforts by targeting worksites. The President’s proposed budget for FY 2007 would increase border funding to $4.2 billions dollars.

Recently Wal-Mart was allegedly fined $11 millions dollars as a result of a Federal Investigation into their sub-contracting practices.

On May 9th an ICE press release announced that four Fischer Homes supervisors were arrested on criminal charges and 76 illegal workers apprehended. Fischer Homes is a leading builder of Homes in Indiana, Kentucky and Ohio. This comes on the heels of the arrest of seven current and former managers of IFCO Systems North America Inc. on April 19, 2006 and the apprehension of over 1000 undocumented workers at 40 worksites.

The message seems to be clear that workplace enforcement is going to be the cornerstone of Homeland Security’s efforts.

FIRST PERM APPEAL-MORE TO COME?

The employer submitted a PERM case on June 29, 2005. The application contained a typographical error indicating the newspaper as was placed on a Monday rather than the required Sunday. On July 25, 2006, the DOL issued a denial on the basis that the Sunday edition of the paper was available and not used. The employer filed a Request to Re-Consider and provided evidence that the ad was placed on a Sunday but that the application contained a typographical error. The Request to Re-Consider was denied because it may not include evidence not previously submitted. We all know however that we do not submit our evidence as part of the electronic filing. The legal issue is what documents actually make up the administrative record. The practical issue is whether typographical errors may be corrected. The issue is just being briefed by the attorney of record and the American Immigration Lawyers Association. We will keep you posted. The best strategy for now is re-file if your recruitment is not stale.

CAP NEWS-ACCELERATING USUAGE

CIS has reported that as of April 28, 2006, 16737 cases have been filed against the standard cap of 58,200. (The remaining 6800 are reserved for the Chile/Singapore Free Trade cases)

As of this date 2884 advanced degree cases have been filed against the 20,000 advanced degree cap.

S & K Happenings

Two members of our staff will be traveling to San Antonio Texas to attend the annual American Immigration Lawyers Conference in June.

S&K traveled to Citizens Bank Park on May 11th to watch the Phillies beat the Mets in a game called for rain. It has not rained for two months and the night we chose to go to the game it poured.

We are still on Baby Archeambault watch.

If your group is looking for a speaker to discuss immigration topics of interest, please be sure to contact us for availability at info@inslawonline.com.

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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.