News Update - July 11, 2009

By Alan Lee, Esq.

Current H-1B Usage;
E-Verify Antics; and
Timing of a Comprehensive Immigration Reform Bill




As of July 3, 2009, U.S.C.I.S. estimates are that approximately 65,000 of the 85,000 total H-1B cap numbers have been used. At the slower rate of usage due to the recession, it appears that the H-1B quota will continue to be available through at least August unless the economy heats up in a hurry.

The Obama administration is trying another tack in mandating the use of the E-Verify system for employers to verify the employment rights of new hires by ridding itself of the controversial social security administration mismatch regulation that was never implemented due to court order. The mismatch rule would have put employers through a series of steps to gain safe harbor where the E-Verify system could not confirm that the alien was authorized to work. The Obama administration decided that the employer audit system would be a more effective tool. That, however, has not stopped some Republicans from slipping Amendment No. 1375, into the FY-10 DHS Appropriations Bill, which would undo the administration's recent decision.

The timing of a comprehensive immigration reform bill is on many people's minds these days, and Senator Chuck Schumer (D.-N.Y.) has stated his belief that there will be a bill by Labor Day. That appears to be somewhat optimistic in our opinion as the Republicans still appear an effective force in placing restrictive measures on Congress's docket, the latest being amendments in the DHS Appropriations Bill which would among others require 700 mi. of reinforced fencing to be built along the southwest border by the end of 2010; and allow employers to use E-Verify to check employment eligibility of current employees and not just new hires.


The author is a 26+ year practitioner of immigration law based in New York City. He was awarded the Sidney A. Levine prize for best legal writing at the Cleveland-Marshall College of Law in 1977 and has written extensively on immigration over the past years for the ethnic newspapers, World Journal, Sing Tao, Pakistan Calling, Muhasha and OCS. He has testified as an expert on immigration in civil court proceedings and was recognized by the Taiwan government in 1985 for his work protecting human rights. His article, "The Bush Temporary Worker Proposal and Comparative Pending Legislation: an Analysis" was Interpreter Releases' cover display article at the American Immigration Lawyers Association annual conference in 2004, and his victory in the Second Circuit Court of Appeals in a case of first impression nationwide, Firstland International v. INS, successfully challenged INS' policy of over 40 years of revoking approved immigrant visa petitions under a nebulous standard of proof. Its value as precedent, however, was short-lived as it was specifically targeted by the Administration in the Intelligence Reform Act of 2004.

This article © 2009 Alan Lee, Esq.

 

Copyright © 2003-2012 Alan Lee, Esq.
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