Judge Throws Out Hazelton's Anti-Immigration Law

The Associated Press is reporting that a federal judge has thrown out the Hazelton, PA, anti-immigration law. Cities around the country have passed similar laws, and those laws may be in jeopardy also. Here are excerpts from the AP story:

The Illegal Immigration Relief Act sought to impose fines on landlords who rent to illegal immigrants and deny business permits to companies that give them jobs. Another measure would have required tenants to register with City Hall and pay for a rental permit.

U.S. District Judge James Munley declared it unconstitutional Thursday and voided it based on evidence and testimony from a nine-day trial held in March.

The city will almost certainly appeal.

USCIS Changes Its Mind (Again) About Green Card Applications

Immigrants, and immigration lawyers, are getting whiplash from trying to keep up with the government's changing opinions on the latest visa bulletin. First they're accepting all application, then they're accepting in application, now -- we'll, who can say for sure?

The Washington Post had an article this week about the situation. Here are excerpts:

The government did an about-face Tuesday and announced it is accepting applications for green cards filed by skilled immigrant workers.

Citizenship and Immigration Services, a division of the Homeland Security Department, said in a news release it will accept the applications through Aug. 17. Applications already filed, which the agency planned to reject, also will be accepted.

The decision was good news for skilled immigrants.

We are pleased and elated. It's very good to see a government agency see it's made a mistake, acknowledge a mistake and fix a mistake," said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.

Every month the State Department announces how many visa numbers are available, which immigrants need to get in line for green cards or visas to enter the U.S. It can take years for some immigrants to get the numbers.

In June, the State Department said all eligible skilled workers could submit applications to become legal residents. But on July 2, it said the 60,000 available visa numbers were no longer available because Citizenship and Immigration Services had suddenly reduced its backlog of green card applications.

The about face resolves an immigration embarrassment that angered members of Congress and outraged workers and employers.

The process needs review, CIS Director Emilio Gonzalez said in a statement.

Dallas Sees 80% Rise In Citizenship Applications

Today's Dallas Morning News reports that there has been an 80% increase in citizenship applications  during the first half of 2007, with nearly twice as many applications filed this June as were filed last June. Here are excerpts from the article:

Citizenship applications began increasing in the Dallas area last year, as legal and illegal immigrants worried about the rising public debate and legislative proposals targeting them. By January, applications surged on word of pending fee increases for applications - from $400 to $675 at the end of July.

Last month, there were more than 3,200 applications locally, compared with 1,699 in June 2006. As of June 30, about 16,200 people had filed this year for citizenship here, compared with 9,000 at the same time a year ago.

The rise is being aided locally by campaigns on local Spanish-language radio and TV and citizenship drives sponsored by Latino political groups.

The Spanish-language television and radio giant Univision revved up efforts with a campaign called "Ya Es Hora," or "Now is the Time." The campaign began in Dallas at the end of April.

Campaign organizers, including the National Association of Latino Elected and Appointed Officials, are touting the benefits of U.S. citizenship to the hundreds of thousands of legal permanent residents in the U.S.

Microsoft Moves Jobs To Canada Because Of U.S. Immigration Caps

An editorial this week in the Los Angeles Times details one of the reasons Microsoft has elected to build its new research center in Canada rather than in the United States. Excerpts from the editorial:

Microsoft [is] hiring several hundred software wizards to help develop new products. Instead of landing at the Redmond, Wash., mother ship, however, the new workers will toil in Vancouver, British Columbia. Here's why, according to the company's news release (emphasis added): "The Vancouver area is a global gateway with a diverse population, is close to Microsoft's corporate offices in Redmond and allows the company to recruit and retain highly skilled people affected by immigration issues in the U.S."

Consider it just the latest in a series of monuments to the United States' botched immigration policy, as well as a reminder of the Senate's recent failure to pass a comprehensive fix despite bipartisan support. High-tech companies are so frustrated by the limits on visas for skilled labor that they're not just opening offices in India and China to recruit local talent. They're also putting facilities in places like Vancouver for prized recruits from around the world -- many of them trained at U.S. universities -- who cannot work here.

The demand for H-1B visas for high-skilled immigrants has become so much greater than the supply that almost twice as many applications arrived in a single day as there were slots available for the year -- 65,000, plus 20,000 for those with advanced degrees from U.S. schools. Other countries, by contrast, are starting to make it easier for skilled workers to immigrate. That's because they're focusing on the benefits those employees can bring to their economies, not the competition they present to native labor.

Many of these immigrants become the innovators and entrepreneurs who create companies, employ more people and create wealth. Just look at the U.S. experience -- about 25% of all venture-capital-backed start-ups here were launched or co-founded by foreign nationals, including Yahoo, Google and EBay. The same benefits come from talented U.S. workers too, but not enough of them are pursuing science, math and engineering careers to fill the voracious demand at Microsoft and other high-tech powerhouses. A comprehensive fix to U.S. immigration policy is overdue, but failing that, Congress should at least adopt a more sensible approach to H-1B visas.

Immigration Malpractice --New York Times Editorial

The New York Times has devoted their lead editorial to the ridiculous and scandalous situation regarding the July Visa Bulletin. Here is the editorial:

Immigration Malpractice

The prickliness and glacial ineptitude of the immigration system is old news to millions of would-be Americans. Immigrants who play by the rules know that the rules are stringent, arbitrary, expensive and very time-consuming. But even the most seasoned citizens-in-waiting were stunned by the nasty bait-and-switch the federal bureaucracy pulled on them this month. After encouraging thousands of highly skilled workers to apply for green cards, the government snatched the opportunity away.

The tease came in a bulletin issued by the State Department in June announcing that green cards for a wide range of skilled workers would be available to those who filed by July 2. That prompted untold numbers of doctors, medical technicians and other professionals, many of whom have lived here with their families for years, to assemble little mountains of paper. They got certified records and sponsorship documents, paid for medical exams and lawyers and sent their applications in. Many canceled vacations to be in the United States when their applications arrived, as the law requires.

Then they learned that the hope was effectively a hoax. The State Department had issued the bulletin to prod Citizenship and Immigration Services, the bureaucracy that handles immigration applications, to get cracking on processing them. The agency is notorious for fainting over paperwork -- 182,694 green cards have been squandered since 2000 because it did not process them in time. That bureaucratic travesty is a tragedy, since the annual supply of green cards is capped by law, and the demand chronically outstrips supply. The State Department said it put out the bulletin to ensure that every available green card would be used this time.

After working through the weekend, the citizenship agency processed tens of thousands of applications. On Monday, the State Department announced that all 140,000 employment-based green cards had been used and no applications would be accepted.

Citizenship and Immigration Services, the definition of a hangdog bureaucracy, says the law forbids it to accept the applications. The American Immigration Lawyers Association says this interpretation is rubbish. It is preparing a class-action lawsuit to compel the bureaucracy to accept the application wave that it provoked.

The good news is that immigrants' hope is pretty much unquenchable. Think of the hundreds of people standing in the rain in ponchos at Walt Disney World on Independence Day, joining the flood of new citizens now cresting across the country. They celebrated on July Fourth, but for many of them the magic date is July 30, when a new fee schedule for immigrants takes effect, drastically jacking up the cost of the American dream.

The collapse of immigration reform in the Senate showed the world what America thinks of illegal immigrants -- it wants them all to go away. But the federal government, through bureaucratic malpractice, is sending the same message to millions of legal immigrants, too.

New York Times Article On Visa Bulletin Scandal

The scandal/confusion regarding the latest Visa Bulletin has found its way into the New York Times today. Here are excerpts from the article:

Immigration lawyers raised unusually irate protests yesterday after the State Department and the immigration service abruptly withdrew tens of thousands of job-based visas they had offered last month to foreign professionals hoping to become permanent residents in the United States.

The outcry was provoked by a terse announcement on Monday in which the State Department said it would not grant any more visas for the 2007 fiscal year to foreigners applying to become permanent residents based on their job skills. That notice reversed one the department had issued on June 13 announcing a two-month window starting July 2 for aspiring, high-skilled immigrants from around the world to present applications for visas known as green cards.

The State Department said the 60,000 visas it had expected to offer would no longer be available because of "sudden backlog reduction efforts" by Citizenship and Immigration Services, the federal agency that processes applications for the visas offered by the department.

In a statement yesterday, the American Immigration Lawyers Association accused the two agencies of perpetrating a "hoax" and a "bait and switch" against hopeful legal immigrants who played by the book.

To apply, immigrants must undergo medical examinations and assemble documents to prove their job skills and show that a United States employer has sponsored them. Foreigners must be in the United States when they present their applications, which are processed on a first-come, first-served basis.

Because of backlogs for employment-based visas, foreigners have had to wait many years just to be allowed to file their applications.

Thousands of medical and technology professionals, including many working here on temporary visas, scrambled for weeks to get their documents together, in some cases canceling travel plans, in order to file their applications on Monday, the first day of the window. The State Department and the immigration agency closed the window without accepting a single application.

"I am concerned that such action may violate the law and could threaten the integrity of our immigration system," Representative Zoe Lofgren, Democrat of California who is chairwoman of the House Judiciary subcommittee on immigration, wrote in letters yesterday to Michael Chertoff, the secretary of homeland security, and Condoleezza Rice, the secretary of state. Ms. Lofgren warned that the federal government could face costly litigation because of its change of course.

The State Department said it would begin accepting applications on Oct. 1 for 2008 visas. On July 30, the immigration agency will raise its processing fees by an average of 66 percent.

Reminder From CIS On The Increased Fees Effective July 30, 2007.

Here is a friendly reminder from USCIS about the enormous increase in filing fees effective July 30, 2007. Click to see the shocking new fees.

U.S. Citizenship and Immigration Services (USCIS) reminds its customers that the agency's new fee schedule is effective on July 30, 2007. Applications or petitions postmarked or otherwise filed on or after that date must include the new fee.

USCIS announced the new fee schedule last month following a comprehensive review of nearly 4,000 public comments.  Under the new schedule, application and petition fees will increase, on average, about 66 percent.  Still, the schedule does include benefits for some families with children and also expands the availability of fee waivers and exemptions.

For more information concerning the final fee rule, we invite you to visit USCIS' Web site at www.uscis.gov/21stCenturyService.  There, you can learn how the agency will Build an Immigration Service for the 21st Century based upon this new fee structure.

July 2007 Visa Bulletin Will Not Help Green Card Applicants

Just a few weeks ago there was good news for all those who have been waiting for their priority date to become current in an employment-based immigration category. The Department of State announced in June that the July 2007 visa availability bulletin would show that all employment preference categories (except for Third "Other Workers" ) had been made "Current" for July. That meant that as of July 1, 2007, anyone who had been waiting to file an I-485 Application for Permanent Residency could do so.

In a stunning announcement yesterday, the Department of State revised the July visa bulletin to reflect that ALL available employment-based visas had been allocated for the fiscal year 2007. As a result, beginning yesterday, Immigration Services is rejecting applications to adjust status filed by aliens whose priority dates are not current under the revised July visa bulletin. This also means that it is highly unlikely that visas will be available until the start of the new fiscal year which begins on October 1, 2007.

For those who filed their I-140 Petitions and I-485 Applications concurrently, and enclosed separate filing fee checks, the I-140 and supporting documents will be accepted by Immigration Services for processing and the I-485 and supporting documents and applications will be rejected and returned to the applicant with the filing fee checks. All I-485 Applications filed (even those received by Immigration Services on Monday July 2, 2007, before the revised visa bulletin was issued) WILL be rejected.  Filing fee checks will be returned.

There has been a lot of speculation by several immigration attorneys and immigration rights groups in regards to filing a federal lawsuit against Immigration Services. With proof of delivery, proof of rejection by Immigration Services, and evidence that a complete application was submitted to Immigration Services in hand, many lawyers will recommend to their clients that they be plaintiffs in a lawsuit that will probably be filed by the American Immigration Law Foundation (AILF).  Those who were arguably entitled to file their I-485 applications (per the first July visa bulletin) but failed to do so, may not be eligible for a remedy. AILF's Legal Action Center is preparing to litigate. Plaintiffs and class members whose applications were rejected or returned would have the strongest legal claims and have the strongest claims to benefit from a favorable result.