Attorney General, Eric Holder, Withdraws No-Right-To-Counsel Decision
On June 3, 2009, Attorney General Eric Holder withdrew the decision made by the Bush Administration’s Attorney General, Michael Mukasey, to remove the right to counsel to immigrants in deportation proceedings. This law dictated that individuals facing deportation did not have a legal or constitutional right to legal representation. Therefore, immigrants who had incompetent representation could not complain or seek help if their case failed because of unfit representation. Mr. Holder has initiated procedures to reenact the previous law where individuals can reopen their cases if they were misrepresented and lost their case.
Comprehensive Immigration Reform Starts to Heat Up
There has been a great deal of conversation about comprehensive immigration reform on Capitol Hill. Some new bills have been introduced and some Democratic senators are “bullish” on the prospect of immigration reform before the end of 2009. Other pundits have expressed the opinion that President Obama’s decision to nominate Judge Sotomayor to the Supreme Court may take the pressure off him to push for immigration reform. Stay tuned.
New Border Crossing Requirements Take Effect June 1, 2009
Effective June 1, 2009, all travelers entering the United States or Canada, by land or sea, will need to be in possession of a valid document. In most cases, this would be a U.S. or Canadian passport. There are also “trusted traveler cards,” “U.S. passport cards,” and, in some instances, “enhanced driver’s licenses” which will serve the same purpose. People trying to travel between the U.S. and Canada who are not in possession of one of these documents will be refused entry.
Supreme Court Justice Nominated
On May 26, 2009 President Barack Obama named Judge Sonia Sotomayor to replace Judge David Souter on the Supreme Court. If confirmed, Judge Sotomayor will be the first Hispanic and third woman to serve on the highest court. Judge Sotomayor’s confirmation is likely given her impressive personal history of accomplishment despite unfavorable odds.
AgJOBS Re-Introduced
The Agricultural Job Opportunities Benefits Insecurity Act of 2009 also known as AgJOBS was reintroduced in the Senate and House by Senators Feinstein and Representative Burmin. This Bill is substantially similar to other agricultural immigration reform acts in that it revises the existing H-2A Temporary Foreign Agricultural Worker Program and creates a path to earned legalization for those who have worked in agriculture for certain amounts of time. AgJOBS is a Bipartisan Bill that is backed by the United Farm Workers and Mini-Agribusiness companies. Stern & Curray LLC will keep you updated on the progress of this bill, but if you have any questions or concerns, feel free to give us a call.
Update On H-1B Cap Count
As of May 22, 2009 there has been approximately 45,700 H-1B cap-subject petitions filed with USCIS. Apparently, USCIS has received approximately 20,000 petitions for the “Master’s Cap.” Therefore, there are still close to 20,000 cap numbers available in the general pool. Individuals who are considering filing for H-1B status this year should, however, file their applications as quickly as possible.
USCIS INCREASES PERIOD OF STAY FOR TRADE-NAFTA
PROFESSIONAL WORKERS FROM CANADA AND MEXICO
U.S. Citizenship and Immigration Services (USCIS) announced on October 14, 2008 that it has increased the maximum period of time a Trade-NAFTA (TN) professional worker from Canada or Mexico may remain in the United States before seeking readmission or obtaining an extension of stay. The final rule changes the initial period of admission for TN workers from one to three years, making it equal to the initial period of admission given to H-1B professional workers. Eligible TN non-immigrants may now be allowed to receive extensions of stay in increments of up to three years instead of the prior maximum period of stay of one year. The TN nonimmigrant classification visa category is available to eligible Mexicans and Canadians with at least a bachelor’s degree or appropriate professional credentials who work in certain qualified fields pursuant to the North American Free Trade Agreement (NAFTA). Qualified professions identified within NAFTA include, but are not limited to, accountants, engineers, attorneys, pharmacists, scientists, and teachers. The final rule eases administrative burdens and costs on TN workers. It also benefits U.S. employers by increasing the amount of time TN non-immigrants are able to work for them before having to seek an extension of status. Spouses and unmarried minor children of TN non-immigrants in their corresponding nonimmigrant classifications also are eligible for three-year extensions. If you would like more information about the new three-year TN, please contact one of our attorneys.
2010 Diversity Visa Lottery
On September 30, 2008, the U.S. Department of State released instructions for entering the 2010 Diversity Visa Lottery program. To enter the Diversity Visa Lottery, applicants must submit an on-line application at http://www.dvlottery.state.gov/ between October 2, 2008 and December 8, 2008. Applicants are encouraged to apply early as website problems are expected toward the filing deadline. Applications will only be accepted until noon EST on December first.
In the Diversity Visa Lottery program certain countries and regions are granted quota visas to diversify the immigration to the United States. Natives of Brazil, Canada, mainland China, Colombia, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, the Philippines, Peru, Poland, South Korea, the United Kingdom (except Northern Ireland) and Vietnam are ineligible for the Diversity Lottery. For instructions on applying for the Diversity Visa Lottery, please see the Department of Consular Affairs’ website at travel.state.gov/visa/immigrants/types/types_1322.html.
New Option for Contractors with Public Contracts in Colorado
On May 13, 2008, the Colorado Legislature revised the Colorado Public Contractor Rule allowing contractors with public services contracts with the state, or political subdivisions within the state of Colorado, to choose between using E-Verify, or a newly created program through the Colorado Department of Labor, called the “Department Program.” Either of these programs can be used to verify that newly hired workers working on public service contracts are authorized to work.
The Department Program requires contractors to notify the Colorado Department of Labor that they will be participating in the program by completing a form that is available online for this purpose. Under the Department Program, the contractor must affirm within 20 days of hiring a new employee that the contractor has examined the legal work status of the new employee. The contractor must retain file copies of the documents required under Colorado law and not alter or falsify any of these documents. The contractor must then fill out an affirmation that must be notarized and submitted to the contracting state agency or political subdivision.
The affirmation and participation forms are available at http://www.coworkforce.com/LAB/pcs/. Once completed, the forms must be submitted to the contracting state agency or political subdivision.