OCTOBER 2003 NEWSLETTER

1. Department of Homeland Security Introduces the US-VISIT Program

Beginning December 31, 2003, the U.S. Dept. of Homeland Security will launch the US-VISIT (United States Visitor and Immigrant Status Indicator Technology), a program to be implemented at airports and seaports with the intention of processing visitors holding visas through enhanced security measures.

US-VISIT will use scanning equipment to collect biometric identifiers such as fingerprints and a digital photograph of the visitor.

In addition to the standard information about the visitors identity and travel, the new program will verify the visitors identity and compliance with visa and immigration policies. All data obtained from the visitor is securely stored as part of the visitors travel record. The information will only be available to authorized officials and selected law enforcement agencies that are responsible for the safety and security of the U.S.

Upon departure, customs and border protection officers will scan the visitors visa or passport and have them repeat the fingerprinting process. The exit confirmation will be added to the visitors travel records to demonstrate compliance. The law requires that an automated entry/exit system be implemented at air and seaports by December 31, 2003; the 50 most highly trafficked land ports of entry by December 31, 2004; and all ports of entry by December 31, 2005.

2. L-1 VISA BILL INTRODUCED IN SENATE

The L-1 Visa (Intracompany Transferee) Reform Act of 2003 (S. 1635), which was recently introduced into congress by Senator Saxby Cambliss (R-GA), would prevent L-1B visa holders from working where they are not controlled and supervised by the petitioning employer. In addition, this would also prevent them from working outside the duties specific to the petitioning employer. The bill will reinstate the one-year work requirement for the L-1 blanket petitions and require the Department of Homeland Security to maintain statistics on the L program.

3. SPECIALTY OCCUPATION WORKERS

According to the annual report of the Office of Immigration Statistics of Department of Homeland Security during the fiscal year of 2002, INS approved 197,537 H-1B petitions submitted by employers on behalf of alien workers. Of the 197,537 petitions approved in 2002, a total of 103,584 petitions (representing 52 percent) were for initial employment. The corresponding number of petitions for continuing employment were 93,953. These workers may have had a second (or subsequent) petition filed on their behalf in order to extend the period allowed to work with their current employer, notify INS of changes in the conditions of employment including a change of employer, or request concurrent H-1B status with another employer. The number of H-1B petitions filed decreased by 37 percent, and petitions approved decreased by 40 percent between fiscal years 2001 and 2002. The biggest drop occurred with respect to petitions approved for initial employment.

4. IMMIGRATION VISAS DROP

According to a recent report by the American Electronics Association (AEA), the number of H-1B visa petitions has dropped to 26,659 last year from 105,692 in 2001. The new figures from the AEA illustrate such decline because the tech industry has lost half a million jobs in the past two years.

5. CONTRACTING OUT EXACERBATES DHS SERVICE DELIVERY PROBLEMS

Recently, the Unites States Citizenship and Immigration Services (USCIS) of the Department of Homeland Security has initiated a policy change that both prohibits direct telephone access to the USCIS and contracts out much of this function, and has announced plans to outsource the USCIS Immigration Information Officer (IIO) function. Since service centers employees have to check and, most of the time, re-do the contractors errors in inputting data, USCIS concluded that these functions have not led to efficiencies and reflect a significant agency cost.

6. RECENTLY INTRODUCED LEGISLATION

The following is a brief description of a newly introduced, immigration-related legislation.

S. 1635On September 17, Senator Saxby Chambliss (R-GA) introduced the L-1 Visa (Intracompany Transferee) Reform Act of 2003. The Act would amend INA214(c)(2) to prohibit an L-1B visa holder from being primarily stationed at the work site of another employer; reinstate the one-year work requirement for blanket applicants; and mandate the collection of L-1 program statistical data.

 S. 1461On July 25, Senator John McCain (R-AZ) introduced the Border Security and Immigration Improvement Act of 2003; this act will enable undocumented workers, who are working prior to August 1, 2003, to adjust their status to a new nonimmigrant visa classificationH-4B. With a penalty of $1,500, the spouse and children of a H-4B worker, who satisfies all but the employment requirement, would be able to normalize their status. In addition, this bill will create a new temporary worker visa category in which the workers employer would initiate the process by filing a petition on behalf of the individual. However, the employer is required to recruit U.S. workers (citizens and immigrants) prior to hiring an H-4 worker.

S. 1452On July 24, Senator Christopher Dodd (D-CT) introduced the USA Jobs Protection Act of 2003 which will alter the L and H-1B programs substantially. This legislation would require labor attestations that include lay-off protections for U.S. workers and a prohibition on the outsourcing of L-1 visa holders. In addition, petitions for an L-1B visa would require an additional application stating that the employer had taken good faith steps to recruit U.S. workers for the position. Moreover, this legislation would also increase the work experience requirement with the foreign employer from one year to two years and cut the duration of stay for L visa holders (including permissible extensions) by two years.

7. U.S. VISA TEAMS SET FOR ISLAMIC NATIONS

Senior Bush administration officials have recently announced that the Department of Homeland Security has decided that by early next year they will be opening up special law-enforcement offices (that would carry out investigations to visa applicants who are suspected to have ties to Al-Qaida and other terrorist groups in the U.S.) throughout Muslim nations that presumably have regional presence of Al-Qaida and other terrorist groups, in addition to high volumes of U.S. visa applicants. These nations include: Egypt, Indonesia, Pakistan, Morocco, and the United Arab Emirates.

Moreover, although without public announcement, two offices in Saudi Arabiain Riyadh and Jeddah had opened in late August of this year.

8. FOREIGN-BORN GROUPS IN THE ARMED FORCES

According to a recent article by the Migration Policy Institute, many of the largest immigrant groups in the United States also comprise the largest foreign-born groups in the U.S. military. The foreign born from the Philippines, Mexico, Vietnam, Korea, El Salvador, and Germany are amongst the ten largest groups residing in the United States as well as in the armed forces. According to Department of Defense data, those foreign born from the Philippines are the largest of all immigrant groups and account for over one-fourth of all foreign born on active duty, followed by those from Mexico (10 percent), Jamaica (6 percent), Korea (3 percent), and the Dominican Republic (3 percent).

9. THE DREAM ACT AND THE STUDENT ADJUSTMENT ACT

The Development, Relief, and Education for Alien Minors Act (DREAM Act) and The Student Adjustment Act (SAA) are bipartisan bills that are currently pending in Congress.

The DREAM Act will grant conditional legal permanent residence status to immigrant students provided they meet certain requirements. To fulfill these requirements, students: must have entered the U.S. before age 16; must be accepted to a two- or four- year institution of higher education, or have a high school diploma or General Development (GED) certificate at the time of application; must reside in the U.S. prior to the enactment of the law and must have lived in the U.S. for at least five years preceding the date of enactment; and must demonstrate good moral character, a defined term in immigration law, and have no criminal record. Moreover, students ages 12 and above who are enrolled full-time in primary or secondary school, and meet the aforementioned requirements, will be eligible for protection from deportation and granted work authorization.

While the students application under the Student Adjustment Act is being processed, this Act will ensure that students would be able to obtain Pell grants and student loans on the same basis as other students. To be eligible for the SAA, immigrant students: must be under 21 years old on the date of application of the relief (for those older than 21 years old, they can also qualify if they are enrolled in or have graduated from college); must be enrolled at the seventh grade level or above; must have lived in the U.S. for at least five years preceding that date of application; and must demonstrate good moral character, a defined term in immigration law.

10. EXTENSION FOR THE SPECIAL IMMIGRANT RELIGIOUS WORKER PROGRAM

On October 1, 2003, the U.S. Citizenship and Immigration Services extended the authorization for the special immigrant visas for persons who work in certain religious vocations. No more than 5,000 of these visas may be granted in each fiscal year.

11. NEW RULES FOR OBTAINING SOCIAL SECURITY NUMBERS

Beginning October 27, 2003, Social Security Administration (SSA) ruled that various non-worker categories, including international students and dependents of legal employees, will no longer be eligible for social security numbers. In addition, in the hope of reducing the problems of aliens presenting forged immigration documents in order to acquire social security numbers, the Department of State and/or the Immigration and Naturalization Service will gather all information of aliens eligible for a social security number and will forward all information to SSA. SSA will have to interview applicants ages 12 years old and above prior to mailing the aliens their social security card.

12. NEW LEGISLATION INTRODUCED

Hon. Zoe Lofgren recently introduced into Congress the Amerasian Naturalization Act of 2003. This act is for children born outside of the country to American servicemen. The biggest group are the forgotten sons and daughters who were born in Vietnam to American soldiers and Vietnamese women during the Vietnam War. If passed, the Amerasian Act will accord U.S. citizenship to these children who have lived through devastation and mistreatment, and have been denied their opportunity to become citizens.

13. 200 FOREIGNERS DENIED OF ENTRY

According to undersecretary Asa Hutchinson of Border and Transportation Security Directorate, the Department of Homeland Security denied entry to 200 foreigners who attempted to enter the U.S. as students. Through the Student Exchange Visitor Information System (SEVIS), the schools which these foreigners claimed they attend either showed that they do not have a record of them attending the school or that they had been expelled.

14. REFUGEE ADMISSIONS FOR FY 2004

The Office of the Press Secretary released a memorandum from the President declaring that for FY 2004, 70,000 refugees would be admitted to the United States with the following regional allocations: Africa - 25,000; East Asia (with refugee resettlement assistance) - 6,500; Europe & Central Asia - 13,000; Latin America/Caribbean - 3,500; Near East/South Asia - 2,000; Unallocated Reserve - 20,000

According to the memorandum, the number allocated to the former Soviet Union will include those who were nationals or habitual residents of the former Soviet Union, prior to September 2, 1991.

In addition, the unallocated refugee numbers are to be used in regions where the need arises. Unused quantities allocated to certain regions can also be transferred to other regions whose numbers have already reached the maximum level. Furthermore, 10,000 refugee admission numbers will be available to those who were granted asylum and wish to apply for adjustment of status for FY 2004.

The memorandum also specified that for the purpose of admission to the US for FY 2004, the following may be considered refugees: persons in Vietnam; persons in Cuba; and persons in the former Soviet Union.