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© 2009 Spar & Bernsteins 'Law link' Blog
I always enjoy Jay Leno when during his show he does his ‘man on the street’ routine. That’s where Leno and a camera crew go out into the streets and ask a basic question to see it the general public is aware. In the past, he’d ask ‘who’s the Vice-President of the U.S.?’ and we would laugh (or maybe wonder) at the folks who had no clue what the answer was.
Leno could probably ask this question: What states have the most foreign-born labor forces? I’m sure many today would immediately say, “Arizona” but they would be wrong! There are in fact six, that’s six out of fifty of course, who are impacted the most by immigration policy. The six states are: California, New York, Texas, New Jersey, Florida, and Illinois. According to a recent Congressional Budget Office report, these six states have nearly 65% of the foriegn-born labor force available in the U.S. California alone, which really shouldn’t be a surprise to anyone given their agricultural industry, accounts for nearly 27% alone.
What’s even more interesting is that states that are contemplating their own Arizona-type immigration policy administered are states like Virginia, Oklahoma, Utah. Texas is the only state out of the ‘big six’ who is contemplating their own immigration policy.
I have an idea: why don’t we ask those six states, with perhaps the exception of Texas, how they feel about having the largest populations of immigrant workers. I have a feeling that the answer is that those states value their immigrant populations and mostly welcome their participation in the labor force.
I’m often asked if I think immigration has a positive or negative affect on the U.S. labor market. My answer is always the same: Positive! Immigration has always had a positive impact throughout U.S. history. More commonly today, you’ll hear many talking up idea that immigrants are ‘taking jobs way from a U.S.-born workers’. That argument lacks much credibility, if it had any at all to begin with.
First, immigration of low-skill level workers provides a huge cost advantage to many U.S. firms, especially especially smaller businesses. For example, just a little north from my offices here in NYC is a place commonly known as the ‘black dirt region’. It’s called the black dirt region because the dirt there is pitch black. Located in the Pine Island area of southern New York State, the black dirt region is a pure farm play. Literally thousands and thousand of acres of farmland in the black dirt area provide a huge economic benefit to the local area and their farm products are sold throughout the U.S. Farming in this area has been taking place even before our country was officially founded.
Do you know what generations of farmer’s have learned about the labor market that serves them even today? Ask any one of them and they’ll tell that if it wasn’t for migrant workers tending to those thousands of acres, they’d find few if any willing takers for those jobs anywhere else.
Immigrant workers allow these farmers to tend and harvest cash crops at cost level that allows them to compete effectively with their mega-farm competitors in the United States and beyond.
It seems that another important economic impact of immigration that the anti-immigration crowd rarely talks about is the fact that immigrants work, earn wages, and spend money…right here in the United States!
As I’ve said on this blog before, higher-skilled immigrants bring valuable skills sets that translate into either new enterprises being developed or creating value by filling positions where certain skills sets are harder to find.
No matter how you cut it, immigration into the U.S. has a multiplier effect on both the labor market and the economy. Immigration should be done on a legal basis but the extreme bashing of immigration as a concept is often way over the line of any rational thinking.
Whatever twists and turns the debate on immigration policy in this country takes, no one can refute the fact that immigration plays a huge role in the American economy. The truth is, it always has. Back in July, I was on John Stossel’s show on the Fox Business channel discussing that same thing. Click on this link if to see the me discusssing this topic with John Stossel.
Bloomberg Businessweek magazine had a great article on this topic back in July. Businessweek journalist Chris Farrell said in part:
“It’s well-known that America’s high-tech economy has prospered thanks largely to highly educated foreigners. But the degree that the nation’s cutting-edge industries, from semiconductors to biotechnology, depend on immigrant scientists, engineers, and entrepreneurs to remain competitive is stunning. For example, a quarter of the engineering and technology companies started in the U.S. from 1995 to 2005 had at least one founder who was foreign-born…In Silicon Valley, America’s epicenter of technological innovation, the percentage of immigrant-founded startups reached 52 percent of total new companies over the same period.”
It’s hard to believe that given all the negative rhetoric around immigration these days that few can remember what has always been true: America has been built on the talents and hard work of many generations of immigrants.
For more information: www.4immigration.com
Source: The Hill
http://thehill.com/
By Michael O’Brien
President Obama suggested that he would not pursue reforms to the immigration system through regulations or other administrative policies.
The president said it was important for immigration reform to go through Congress, lest opponents of comprehensive reform use regulations as a political opportunity.
“You know, it is a very difficult thing to do administratively, and because we want comprehensive reform, and because we want the Dream Act, what we don’t want to do is give an excuse to the opposition to say, ‘Obama’s trying to do an end-run around Congress,’” Obama said during an interview on Telemundo when asked what options he has to pursue immigration reform.
Obama has faced criticism from the Hispanic community for failing to follow through on his pledge to reform the immigration system. He told members of the Congressional Hispanic Caucus (CHC) last week, though, that he would not “walk away” from reform, and called on Republicans to join him in passing legislation.
But Republicans in the Senate have appeared unwilling to find middle ground with the president over immigration. The Senate GOP has said it would oppose including the Dream Act, a piece of immigration legislation favored by many Democrats, in the Defense Authorization bill.
“It appears we’re not going to get this done before the election,” Obama told Telemundo of the Dream Act.
By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
As we predicted yesterday, the political rhetoric will heat up with the Nov. elections approaching. And Vice Pres. Joe Biden, whose foot has often landed in his sizeable mouth during election campaigns, is already taking his first big swipe at the opposition by joining them at the hip.
He’s begun referring to the Republicans and Tea Party as a single entity: the “Republican Tea Party.”
Interesting strategy and the term is catchy, isn’t it?
Nothing like Biden and that unfiltered mouth of his.
By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I have a friend who came to the U.S. on H-4. She was on H-4 for two years. Then she applied for H-1B from two companies and got approved from both. She got a project (three months ago) working for Company B. Now, due to the bad economy, her project is ending, and she is not able to find any new one. While working, she has been paying taxes regularly. Please let us know what needs to be done now, as she is planning to go back to H-4, pursue higher studies, changing to F1, then coming back on H-1B work. Will this create a bad impression to USCIS? The next time the H-1B petition is being filed for her, will her petition be subject to regular H-1B quota of 65000? In case my friend goes back to H-4, will the companies terminate H-1B petition as per law and, if yes, will this create any difference?
Spar & Bernstein: Changing the way she is planning is perfectly legal. There is no question of a “bad impression.” In our view, she will not be subject to quota unless she is outside the U.S. for a year. The companies are required by law to revoke her H-1. I see no issues there.
The Law Offices of Spar & Bernstein, 225 Broadway, 5th Floor, New York, NY 10007. Phone: 1-212-227-3636, 1-800-law-link, 1-800-529-5465 Email: info@lawsb.com
By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
With the primary season over and the countdown starting for the November elections, look for the debate about immigration reform to ratchet up several notches any day now.
The demagogues, the hyperpartisans, the nutjobs will be coming out from everywhere – and hopefully, so will the voices of calm and reason, like General Colin Powell, who not only came out in strong support of the DREAM Act this past weekend but warned his fellow Republicans about their ugly anti-immigrant positions.
What will be so interesting this time around is we have THREE legitimate sides in the running -the Dems, the Republicans, and the Tea Partiers (whether you like them or not – and obviously we’re not crazy about them – they’ve clearly established themselves as a force to be reckoned with in these races).
It should make for a July 4th fireworks show of political rhetoric for the next month or so, with all sides trying desperately to differentiate themselves from the other, thus forcing them to make their positions crystal clear.
What this means for immigration, we’re convinced, is this: It will not only drag out all the xenophobes and restrictionists and pro SB 1070 types, but also, finally, get the Democrats as well as moderate Republicans to come out of hiding and begin talking loudly enough to hear – and, at last, in concrete detail – about sensible comprehensive immigration reform.
Senate Majority Leader Harry Reid, of course, has led the way with his recent – albeit unsuccessful – push for the Senate to pass the DREAM Act, meant to energize the Democratic base before the election.
You can bet that we’ll be seeing more Dem leaders like Reid stepping up to the plate on immigration real soon – and one of them better be Pres. Obama, who needs to keep his immigration promise to the Latino community or else.
No matter what, it won’t be a boring October.
Brace yourself.
Let’s the fireworks begin.
By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I am a U.S. citizen. I’ve had a long distance relationship with my fiancee, who I just asked to marry me. I met her on my vacation to Ochos Rios about three years ago. Since then, I have been going back and forth to Jamaica to spend time with her. She has an eight year old daughter. I want to sponsor them both to come to the U.S. I want to file a fiancee visa for her. Can her daughter come with her as well?
Spar & Bernstein: Since you have met your fiancee within the last two years, you can file a fiancee petition on her behalf and her daughter can accompany. Your fiancee would enter on a K-1 visa and her daughter would enter on a K-2 visa.
To do this you must file Form I-129 with the immigration service and provide proof of your bona fide (true) intent to marry. You can do this by submitting copies of emails, letters, phone records, and plane tickets – anything to show that the two of you have a legitimate relationship and that this will not be a marriage of convenience.
The Law Offices of Spar & Bernstein, 225 Broadway, 5th Floor, New York, NY 10007. Phone: 1-212-227-3636, 1-800-law-link, 1-800-529-5465 Email: info@lawsb.com
By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I had filed for H-1B visa last year but the VISA consulate in Delhi denied it, as it wanted tax returns of the client company and other details which my H-1B sponsor company was not willing to share. I was really frustrated with VO at embassy. I then applied to embassy to withdraw my H-1B visa application. I got a confirmation that it has been withdrawn. Now today after so many days when I checked my H-1B status on USCIS, it said: “This case has been received from the State Department with a request we review it.”
1. Please let me know what does it mean and does it mean something serious to take care of?
2. What are the implications of H-1B visa revocation for future H-1B application?
Spar & Bernstein:
1. This means that the consulate sent the case back to USCIS for review, revocation (and may be investigation of the employer). Usually, you should not have any issue with it. But from what I recall, if the case is revoked, you will be subject to the H-1 quota in future.
2. I do not see any implications for the individual unless the revocation was based upon some problem with the individual’s qualifications.
The Law Offices of Spar & Bernstein, 225 Broadway, 5th Floor, New York, NY 10007. Phone: 1-212-227-3636, 1-800-law-link, 1-800-529-5465 Email: info@lawsb.com
Source: Immigration Policy Center
The DREAM Act: Creating Economic Opportunities
As the bipartisan call for passing the DREAM Act gets louder – from military, education, faith, and Republican leaders alike – some may overlook the economic benefits of granting legal status to eligible undocumented youth who want to attend college or join the military. There are currently 2.1 million undocumented youths living in the U.S. who, without the DREAM Act, are unlikely to go to college and cannot work legally in the U.S. The DREAM Act, however, would provide an opportunity for them to live up to their full potential as future doctors, nurses, teachers, and entrepreneurs and make greater contributions to the U.S. economy and society.
* The DREAM Act would give beneficiaries the opportunity to increase their standard of living – and their tax contributions: If legalized, DREAM Act beneficiaries would have access to greater educational opportunities and better jobs, which in turn means more taxable income. According to a study from Arizona State University, an individual with a bachelor’s degree earns approximately $750,000 more over the course of his/her lifetime than an individual with only a high-school diploma.
* The DREAM Act would save taxpayers money: A RAND study from 1999 shows that raising the college graduation rate of Hispanics to that of non-Hispanic whites would increase spending on public education by 10 percent nationwide, but the costs would be more than offset by savings in public health and benefits, as well as by increased tax revenues resulting from higher incomes.
* The DREAM Act keeps talented students in the United States: Letting the talent of DREAM Act students go to waste “imposes economic and emotional costs on undocumented students and on U.S. society as a whole.” The DREAM Act would stop brain drain by allowing our most talented students to remain in the country.
While some in Congress continue to play politics with the DREAM Act, America and its taxpayers continue to lose. Without the DREAM Act, the United States is missing out on talented workers and entrepreneurs, and is losing vital tax revenues and other economic contributions.
By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Just when we thought we were done with Arizona immigration law SB 1070, we’re pulled right back in.
According to reports released around a half-hour ago, a federal appeals court says it will, in fact, hear arguments on Nov. 1 in Arizona Gov. Jan Brewer’s appeal of July’s ruling that blocked parts of SB 1070 – a ruling we applauded mightily, we might add.
The Not-So-Glib Gov asked the 9th U.S. Circuit Court of Appeals in San Francisco to reverse the ruling that arose out of a lawsuit by the U.S. Justice Department. Brewers’ lawyers argued that the judge back in July screwed up not only by accepting speculation that the law might burden legal immigrants but by concluding that the federal government would likely prevail.
We’re convinced the thing will get dumped on its rear the same way it did two months ago.
By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Amid all the hardline rhetoric on the right and the Tea Party extremism to the right of the right on the subject of immigration, along comes a wonderfully sane Republican voice in the wilderness in the form of General Colin Powell, a self-proclaimed “moderate Republican.”
Here’s what the former Secretary of State, the son of immigrants who rose through the ranks of the Army, told David Gregory on Meet the Press yesterday:
“(Republicans) have got to take a hard look at some of the positions they’ve been taking. We can’t be anti-immigration, for example, because immigrants are fueling this country. Without immigrants, America would be like Europe or Japan with an aging population and no young people coming in to take care of it. We have to educate our immigrants. The Dream Act is one way we can do this. That’s before the Congress this coming week…
“The Dream Act, in a nutshell, says if you are a young person and you were brought here by your parents and you’re in illegal status, if you have finished high school, and we will give you a six-year temporary residency, and if, during those six years, you finish two years of college or you go into the military service for two years, then you’re on a path to citizenship. That’s good. America is going to be a minority nation in one more generation. Our minorities are not getting educated well enough now. Fifty percent of our minority kids are not finishing high school. We’ve got to invest in education. We should use the Dream Act as one way to do it. Whether it should be part of the defense bill or not is something that Congress will decide…
“The American people want their borders to be protected. There’s nothing wrong with that. There’s nothing wrong with making sure that people come across our borders, particularly our southern border, in a legal, safe manner. But, at the same time, we have millions and millions of illegal immigrants in our country, undocumented individuals, who are working, who are doing things we need done in this country. They’re all over at my house doing things whenever I call for repairs, and I’m sure you’ve seen them at, at your house. We’ve got to find a way to bring these people out of the darkness and give them some kind of status. In the next few years, we will discover that, between the ages of 15 and 64, the working ages of our people, most of those are going to be kept in that age group because of immigration and the children of immigrants, whereas in other parts of the world the age of the population’s getting older and fewer people are working. So I’m telling you and I’m telling all of my, my, my citizens around the country is that immigration is what’s keeping this country’s lifeblood moving forward. They enrich our culture with every generation. And we have to find a way to protect our borders but, at the same time, treat our immigrant population with respect and dignity and give them a path to citizenship.”
Here’s the video:
Visit msnbc.com for breaking news, world news, and news about the economy
A creepy new scare-tactic ad from Nevada Republican Senate candidate Sharron Angle targets opposition Sen. Harry Reid’s position on immigration, calling Reid “the best friend an illegal alien ever had.” Way to demonize Reid, way to demonize the undocumented, way to go for the lowest common denominator.
By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I came to the U.S. eight years ago on a tourist visa and subsequently overstayed my allotted time. I’m married now and have filed for my adjustment of status. I have not yet received my green card. I have an emergency back home. A friend suggested I should obtain an advance parole to travel home and then return. Can I do this?
Spar & Bernstein: In theory, yes, you can. However, you are taking a big chance. The Immigration Service will most likely grant you the advance parole and you will be able to leave the country. However, upon return several things can happen. Upon your return, you will be allowed back in the United States, but you will be subject to a ten year bar to obtaining your green card as a result of your overstay. You would require what is called an I-601 waiver at your adjustment interview. The I-601 waiver is based on hardship to your wife who I presume is a US citizen and is granted only on discretionary basis. Meaning, that your adjustment of status can be denied and you may not get your green card depending on the amount of hardship you can prove. That’s why you’re taking a chance.
The Law Offices of Spar & Bernstein, 225 Broadway, 5th Floor, New York, NY 10007. Phone: 1-212-227-3636, 1-800-law-link, 1-800-529-5465 Email: info@lawsb.com
Earlier this week, the American Immigration Council’s Legal Action Center (LAC), the American Immigration Lawyers Association, and the Pennsylvania Immigration Resource Center filed an amicus brief with the Board of Immigration Appeals (BIA) urging the government to protect the rights of immigrants whose mental disabilities prevent them from participating meaningfully in their own removal hearings.
Nearly one in six individuals in immigration custody has some form of mental illness, and there have been reports of mistaken deportations of U.S. citizens with mental disabilities. “This is particularly disturbing given that these immigrants are not granted court-appointed counsel in immigration proceedings” said Melissa Crow, Director of the Legal Action Center.
The BIA is currently considering a case involving a noncitizen with mental disabilities and sought input from the LAC on a range of questions relating to procedures for adjudicating this and similar cases. The LAC urged that a single case, which does not raise fully all the issues that need to be resolved, is not the proper forum for deciding such complicated issues with far-reaching implications.
Instead, the LAC argued that a rulemaking process, with outreach to a broad spectrum of stakeholders, including disability rights advocates, mental health professionals and social service providers, would be a more appropriate way to proceed.
While the U.S. Supreme Court has repeatedly addressed the rights of defendants with mental disabilities during criminal trials, no comparable guidance exists for immigrants with mental disabilities during removal proceedings. The Immigration and Nationality Act charges the Attorney General with prescribing safeguards in removal proceedings to protect the rights and privileges of certain immigrants with mental disabilities.
At a minimum, such safeguards must include counsel.
Additional safeguards, including the appointment of a guardian, friend or relative, may also be required for immigrants whose disabilities are so severe that they cannot communicate with their attorneys.
If the requisite safeguards are unavailable, termination of proceedings is appropriate.
The Board also received amicus briefs from the Capital Area Immigrants’ Rights Coalition, Physicians for Human Rights as well as Texas Appleseed and Advocacy, Inc.
By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I came to the U.S. with an H-1B visa; my family’s H-4 visa was also issued with me. After coming to the U.S., I transferred my H-1B visa to new company and I got my transfer approved and I got a new H-1B with new I-94, my question is whether they can travel with the old H-4 or not?
Spar & Bernstein: If your family’s visa is still valid, they can travel. Each time an H-1 holder changes jobs, the H-4 holders are NOT required to change their H-4, as long as the H-4 status (I-94) or visa is still valid. An action on H-4 is required only if the status (if within USA) or the visa (if traveling abroad or outside USA) is about to expire. Of course, if H-1 holder has been out of status even for one day, my answer would change.
The Law Offices of Spar & Bernstein, 225 Broadway, 5th Floor, New York, NY 10007. Phone: 1-212-227-3636, 1-800-law-link, 1-800-529-5465 Email: info@lawsb.com
Source: Immigration Policy Center
DREAM Act Coming to the Senate Floor: Senator Reid to Attach Act to Defense Authorization Bill
Yesterday, Senate Majority Leader Harry Reid announced that he would attach the Development, Relief, and Education for Alien Minors (DREAM) Act to the Department of Defense authorization bill expected to come before the Senate as early as next week.
The vote will be an important test of whether Congress can transcend partisan politics and work together on crafting solutions to the broken immigration system that both Democrats and Republicans acknowledge is in desperate need of reform. That the proposal will be considered as an amendment to the Defense Authorization bill is appropriate, given the Department of Defense’s support for DREAM Act as a way to improve military readiness.
First introduced in 2001, the DREAM Act would address the plight of young immigrants who have been raised in the U.S. and managed to succeed despite the challenges of being brought to the U.S. without proper documentation. The proposal would offer a path to legal status to those who have graduated from high-school, have stayed out of trouble and plan to attend college or serve in the U.S. military for at least two years.
Each year, approximately 65,000 undocumented students graduate from high school, many at the top of their classes, but cannot go to college, join the military, work, or otherwise pursue their dreams. They belong to the 1.5 generation – any (first generation) immigrants brought to the United States at a young age who were largely raised in this country and therefore share much in common with second generation Americans.
These students are culturally American, growing up here and often having little attachment to their country of birth. They tend to be bicultural and fluent in English.
Research has shown that providing a legal status for young people who have a proven record of success in the United States would be a boon to the economy and the U.S. workforce. University presidents and educational associations, as well as military recruiters, business and religious leaders have added their voice to those calling for passage of the bill. Foreign-born students represent a significant and growing percentage of the current student population.
Unfortunately, immigration status and the associated barriers to higher education contribute to a higher-than-average high dropout rate, which costs taxpayers and the economy billions of dollars each year.
The DREAM Act would eliminate these barriers for many students, and the DREAM Act’s high school graduation requirement would provide a powerful incentive for students who might otherwise drop out to stay in school and graduate. This will help boost the number of high skilled American-raised workers. As they take their place in the workplace as hard working, taxpaying Americans, they will contribute a lifetime of revenues at the local, state and federal level.
Deputy Undersecretary of Defense for Military Personnel Policy, Bill Carr, supports the DREAM Act and stated that the law would be “good for readiness” and would help to recruit “cream of the crop” students. The DREAM Act is part of the Department of Defense’s 2010-2012 Strategic Plan to assist the military in it’s recruiting efforts.
By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
With the Tea Party’s shocking, albeit disturbing, showing in yesterday’s primary, producing two major upsets – Christine O’Donnell over veteran Rep. Michael Castle for Delaware’s Republican Senate slot and Buffalo developer Carl Paladino, a newbie to the political scene, over former congressman Rick Lazio for New York’s Republican gubernatorial slot – we thought it important to clue you in to the ultra-conservative group’s stance on immigration reform.
Especially with these victories following Tea Party-backed candidates already winning the Republican U.S. Senate nomination in Kentucky, Alaska, Utah, Nevada and Colorado.
We’ll warn you in advance: This won’t be pretty.
1) They adore Arizona’s immigration law SB 1070. Yes, to hell with human rights and racial profiling and tolerance toward Hispanics.
2) They push for tougher enforcement of the immigration laws. “What part of illegal don’t you understand?” is the Tea Partiers’ standard retort to talk about immigration enforcement.
3) They rail against Pres. Obama’s legal pathway for the estimated 12 million undocumented immigrants living in the U.S. They caution vehemently against any kind of amnesty.
4) They support an “official English” agenda, which would make English the only language officially recognized in America. In other words, melting pot, schmelting pot.
5) They loathe the idea of anchor babies and are eager to repeal the 14th Amendment, believing in the outlandish conspiracy that immigrant mothers sneak into America just to give birth.
They are indeed the hardest of the hardliners in the immigration debate and you can bet that they will utilize anti-immigrant sentiment, which is clearly on the rise in the U.S., to its every advantage.
This is what you can expect from the Tea Party group, or as USA Today columnist DeWayne Wickham calls it so beautifully, “today’s Know Nothing movement.”
