1. Immigration Reform Action Stalls in Congress; 'SKIL' Bill Introduced
2. ICE Steps Up Enforcement, Arresting Managers and Over a Thousand Employees of Pallet Company
3. State Dept. Proposes to Eliminate Specialty Occupation Distinction for J Trainees
4. DHS Wants to Mine SSA Data
5. State Dep't Reports on China, India Visa Availability, "Other Worker" Category Retrogression for May
6. PERM Labor Certification Successes at Miller Mayer
7. The Firm Speaks
8. Immigration Processing Times Links

1. Immigration Reform Action Stalls in Congress; 'SKIL' Bill Introduced

So far the U.S. Senate has failed to pass any of the sweeping immigration reform proposals we reported on last month, including legislation to establish a guestworker program, although action remains possible this session.  Any legalization program that is enacted will put demands on U.S. Citizenship and Immigration Services, generating backlogs.  If such a provision becomes law, it will be important to file for permanent residence before such backlogs develop. 

It is unclear whether further progress will be possible this session on comprehensive immigration reform, although Senate Majority Leader Bill Frist (R-Tenn.) said he wants the Senate to pass such legislation by Memorial Day.  Such legislation then would have to be reconciled with the House of Representatives version in conference committee, and passed by both houses. 

On April 24, President George W. Bush gave a speech in California on immigration reform.  Once again, he supported a guestworker program, among other measures.  Voice of America quoted President Bush as noting that: "[i]t is really hard to enforce the border with people sneaking across to take jobs.  Doesn't it make sense to have a rational temporary worker plan that says you don't need to sneak across the border?"  He said in his radio address on April 22 that "[i]n the coming weeks, I'll press Congress to pass comprehensive immigration reform that secures our border, enforces our laws, meets the needs of our economy, and upholds our highest ideals."  The Associated Press reported on April 26 that at a recent White House meeting convened to help push immigration reform action in Congress, President Bush said he believes undocumented workers should have a chance to obtain legal status without leaving the country but does not endorse such a measure publicly because of opposition from House Republicans.  "I understand that he wants to maintain latitude as he heads into negotiations with the House," said Sen. John McCain (R-Ariz.), who supports that proposal.

Meanwhile, Sen. John Cornyn (R-Tex.) has introduced the "SKIL" (Securing Knowledge Innovation and Leadership) bill.  Among other things, the SKIL bill would increase the annual H-1B cap from 65,000 to 115,000, and exempt certain professionals from the H-1B and immigrant visa caps.  The bill also would raise the latter cap from 140,000 to 290,000.  A pre-certification program would be created for employers filing multiple applications with no history of abuse.  Pre-certification would allow such employers to file their applications on a separate, more streamlined, track.

Miller Mayer's  is closely tracking all the immigration reform bills in his role as chair of the American Immigration Lawyers Association (AILA) Business Visa Committee. To get the latest on any of these bills, contact Steve at mailto:syl@millermayer.com.

Steve has co-authored an article outlining potential problems in the main Senate immigration reform bill.  To read the article, go to: http://www.millermayer.com/new/senate%20imm%20reform.html

2. ICE Steps Up Enforcement, Arresting Managers and Over a Thousand Employees of Pallet Company

U.S. Immigration and Customs Enforcement (ICE) agents arrested seven current and former managers of IFCO Systems North America, Inc. (IFCO), the largest pallet services company in the United States headquartered in Houston, Texas, pursuant to criminal complaints issued on April 19, 2006. The managers were charged with conspiring to transport, harbor, and encourage and induce unauthorized workers to reside in the United States for commercial advantage and private financial gain. The conspiracy charge carries a penalty of up to 10 years in prison and a fine of up to $250,000 for each worker with respect to whom the violation takes place, ICE explained. Two other IFCO employees were arrested on criminal charges relating to fraudulent documents.

In addition to the criminal arrests, ICE agents conducted "consent" searches or executed criminal search warrants at more than 40 IFCO plants and related locations in 26 states that resulted in the apprehension of approximately 1,187 undocumented IFCO employees. 

According to a government affidavit filed in the Northern District of New York, the investigation began in February 2005 when ICE agents received information that IFCO workers in Guilderland, New York, were witnessed ripping up their W-2 tax forms and that an IFCO assistant general manager had explained that these workers were undocumented, had fake Social Security cards and did not intend to file tax returns.

Subsequent investigation revealed that IFCO officials transported undocumented employees to and from work, paid rent for their housing, and deducted money from their monthly paychecks to cover these expenses. Former IFCO employees also said it was common practice for IFCO to hire workers who lacked Social Security cards or produced bogus identification cards.

The affidavit also alleges that IFCO officials knowingly hired an undocumented worker who was an informant for ICE. In numerous recorded conversations, IFCO officials reimbursed this person for obtaining fraudulent identity documents for other undocumented employees, used the person to recruit other unauthorized workers, and advised the person and other undocumented employees on how to avoid law enforcement detection, the affidavit alleges.

Meanwhile, DHS Assistant Secretary Julie Myers' op-ed, "Expect More Arrests," was published in USA Today on April 26, 2006.  Ms. Myers said DHS is bolstering its criminal investigations against employers who hire unauthorized workers. For many employers, she said fines had become just another cost of doing business.  "More robust criminal cases against unprincipled employers are a much more effective deterrent than fines.  The prospect of 10 years in federal prison or a federal forfeiture carries much sharper teeth. We believe this is the future of worksite enforcement," Ms. Myers said.

Additional information on the case is available at http://www.dhs.gov/dhspublic/display?content=5547.

3. State Dep't Proposes to Eliminate Specialty Occupation Distinction for J Trainees

The Department of State is proposing to revise its training program regulations under the J nonimmigrant exchange visitor program to eliminate the distinction between "non-specialty occupations" and "specialty occupations."  Also, a new 12-month "intern" program is proposed to permit recent foreign graduates of degree-granting post-secondary accredited educational institutions to come to the United States to pursue work-based learning experiences in the fields in which they received their degrees. 

A requirement that sponsors complete an individualized Form DS-7002 Training/Internship Placement Plan for each trainee and intern prior to issuing a Form DS-2019 to the trainee or intern is also proposed.  The Department plans to publish a notice regarding the design of the proposed Form DS-7002, soliciting public comment regarding all recordkeeping, reporting, and data collection units.

The proposed regulation would require that trainees have at least three years of previous related work experience in their occupational fields before being eligible to participate in the Exchange Visitor Program.  The regulation also would require that trainees have a minimum TOEFL (Test of English as a Foreign Language) score of 550 or its equivalent.

The Department will accept comments on the proposed regulation from the public until June 6, 2006.  Comments should be sent to the office designated in the supplementary information to the proposed rule, which is available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-4946.pdf.

4. DHS Wants to Mine SSA Data

The Department of Homeland Security (DHS), in an effort to identify undocumented workers and their employers, is seeking authority from Congress to mine Social Security Administration databases for information on Social Security numbers that do not match names, GovExec.com reported on April 20, 2006.  "One of the key challenges that supports illegal migration is abuse of our Social Security system and the Social Security document," DHS Secretary Michael Chertoff said at a news conference. "We've been urging Congress to pass legislation, now before the Senate, that would grant the Department of Homeland Security some carefully crafted access to Social Security no-match data so we can detect those employers who are systematically employing workers, despite the fact that there's an obvious mismatch between the names and the Social Security numbers in question."

5. State Dep't Reports on China, India Visa Availability, "Other Worker" Category Retrogression for May

The Department of State noted in its Visa Bulletin for May 2006 that continued heavy demand for visa numbers (particularly for adjustment of status cases at U.S. Citizenship and Immigration Services offices) has brought allocations close to the 5,000 annual numerical limit for "other worker" green cards in the employment-based third preference category.  The Department said it has been necessary as a result to retrogress the employment third preference "Other Worker" cut-off date in an effort to limit future demand.  If the annual limit is reached, it will become necessary to make the category unavailable for the remaining months of the fiscal year, the Department said.

The Department also noted that there has been a significant amount of forward movement in the China-mainland born and India employment first and second preference cut-off dates during recent months.  This was done in an effort to generate demand for numbers. It cannot be assumed, the Department warned, that these cut-off dates will continue to advance at this pace during the remainder of the fiscal year.  "It remains to be seen how heavy the demand for visa numbers by applicants from those areas will be in the coming months," the Department said.

The latest Visa Bulletin is available at http://travel.state.gov/visa/frvi/bulletin/bulletin_2868.html.

6. PERM Labor Certification Successes at Miller Mayer

Miller Mayer has had a great deal of success filing PERM labor certification applications.  Since the Labor Department process switched to PERM in March 2005, Miller Mayer has filed many PERM applications.  We have had only one rejection, which was later re-filed and approved.  Attorneys Carolyn Lee, Hilary Fraser, and Rosanne Mayer have all had approved PERMs for varying occupations, including doctors, computer software engineers, and astronomers.  For more information about the PERM application process see the article on our website at http://www.millermayer.com/resources/perm_memo.html. 

7. The Firm Speaks

Steve Yale-Loehr will moderate a panel on PERM labor certification issues at a seminar sponsored by the New York City Bar Association on Thursday May 11 from 6-9 pm. For more information about the seminar, go to: https://www.nycbar.org/CLE/show_course.php?cnameid=1213

Steve will speak at a NAFSA Region X conference on June 15 in Utica, New York on immigration options for undocumented college students. 

Steve will speak on a panel on how to be a better immigration lawyer at the annual conference of the American Immigration Lawyers Association (AILA) in San Antonio, Texas on June 22.

Contact Steve at mailto:syl@millermayer.com for more details on these talks.

8. Immigration Processing Times Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State's latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Centers: https://egov.immigration.gov/cris/jsps/index.jsp
Department of Labor: http://www.ows.doleta.gov/foreign/times.asp
Department of State Visa Bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

_____________________
That's it for this issue. Some of the information in this issue comes from the American Immigration Lawyers Association. Thanks to AILA for allowing us to reprint their information.

Some of the information in this issue also comes from the Academy of Business Immigration Lawyers (ABIL). Steve Yale-Loehr is a founding member of ABIL, the think tank of premier business immigration counsel.

For answers to any of your immigration questions, contact:

Hilary Fraser (mailto:htf@millermayer.com)
Carolyn Lee (mailto:csl@millermayer.com)
Rosie Mayer (mailto:rm@millermayer.com), or
Steve Yale-Loehr (mailto:syl@millermayer.com).

For general information, visit our web site at http://www.millermayer.com/

The usual required legal disclaimers (we ARE attorneys, after all): Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. The information in this newsletter is for general purposes only, and is not intended as legal advice for any particular situation. If legal advice or other expert assistance is required, the services of a competent professional should be sought.

Copyright (c) 2006 Miller Mayer, LLP. All rights reserved.