The Indian Panorama

Tag: DHS

  • F1 visa Students maybe able to work in USA for upto 6 years under OPT

    F1 visa Students maybe able to work in USA for upto 6 years under OPT

    Update : F1 Visa | OPT STEM |Court Says USCIS Rule Allowing 17-Month STEM Extension Is Revoked — Read more – Stay has been put in place until February 12, 2016

    Earlier Update:

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    Department of Homeland Security (DHS) is considering revising regulations that would allow Foreign Students on F1 visas to work in the United States for upto SIX YEARS Jobs/Employment under the Optimal Practical Training Program.

    In the United States, the F visas are a type of non-immigrant student visa that allows foreigners to pursue education (academic studies and/or language training programs) in the United States. F-1 students must maintain a full course of study.

    Optional Practical Training and Curricular Practical Training are two employment options available to students on an F1 student visa.

    OPT is a 12-month period after graduation in which students may work in a field related to their study,and find an H-1B sponsor. Science, technology, engineering and mathematics students are eligible for an additional 17-month extension.

    CPT allows students to work up to 20 hours a week in a field related to their studies while still attending school.

    Currently, the Optional Practical Training (OPT) program allows Foreign Students to work in the U.S. in their field of study for 12 months after graduation.

    Foreign Graduates from Science, Technology, Engineering and Math (STEM) programs can request an additional work authorization for between 17 and 29 months.

    ICE officials briefed Senate Judiciary Committee staff in late May about proposed regulation affecting foreign students.

    The regulation would:

    • Allow foreign students with degrees in STEM fields to receive up to two 24-month extensions beyond the original 12-month period provided under OPT regulations; and
    • Authorize foreign graduates of non-STEM U.S. degree programs to receive the 24-month extension of the OPT period, even if the STEM degree upon which the extension is based is an earlier degree and not for the program from which the student is currently.

    DHS proposes to give same level benefit to F1 visa students that are given to H1-B visa holders.

    [crp]

  • Save Jobs USA Continue Fight To Keep H-4 Work Rule Challenge Alive

    Save Jobs USA Continue Fight To Keep H-4 Work Rule Challenge Alive

    Save Jobs USA urged a D.C. federal court Tuesday to keep alive their challenge to a new U.S. Department of Homeland Security H-4 visa rule that allows certain spouses of high-skilled immigrants to get work authorization, saying the department wrongly argued that they didn’t properly plead an injury.
    Save Jobs USA, a group of former Southern California Edison tech workers who say they were replaced by foreign nationals on H-1B visas, filed an opposition to the government’s motion to have the case tossed, arguing that the group has standing to challenge the H-4 visa rule because the rule harmed its members and that DHS was wrong to argue otherwise.

    The opposition, filed on the day the DHS rule took effect, also contended that dismissal at this stage would be premature.

    “The fundamental problem DHS faces making a lack of standing argument is that the H-4 rule creates injury so widespread that nearly every American worker has been injured by it and thus possesses standing to challenge it,” the opposition said. “The court should reject DHS’s argument.”

    Under the regulation, certain H-4 visa holders who are married to foreign workers on H-1B visas and have begun the process of becoming legal permanent residents themselves can apply for their own temporary work permits.

    The group launched its suit on April 23, a month before the H-4 employment rule was slated to go into effect. Save Jobs argues that DHS lacks statutory authority to allow H-4 visa holders to work and that the rule’s purpose is simply to increase foreign labor by drawing more people to the H-1B program. The group also contends that the rule is arbitrary and capricious since the law restricts H-4 visas to residency only.

    The group says the H-4 work rule hurts its members by increasing the number of “economic competitors” and depriving them of protections from foreign labor.

    On Sunday, U.S. District Judge Tanya S. Chutkan denied Save Jobs’ bid for a preliminary injunction, saying the group failed to show it would suffer irreparable harm without the order. The rule went into effect Tuesday, allowing certain H-4 visa holders to begin applying for work authorization.

    Earlier this month, DHS strongly urged Judge Chutkan to dismiss the suit, arguing that Save Jobs has failed to show that its members directly compete with any potential beneficiaries of the new rule and has fallen far short of showing how the members have been hurt for standing purposes.

    But Save Jobs’ opposition Tuesday listed several injuries it suffered as a result of the H-4 rule, including that the rule deprives it of statutory protections from foreign labor, creates increased competition from both H-1B and H-4 workers and confers benefits on Save Jobs’ H-1B competitors.

    DHS’ motion to dismiss has “once again employed its repeatedly failed argument that a plaintiff who alleges competitive standing injury must prove that she or he applied for a job and didn’t get the job but for an alien worker,” the group said.

    Further, Save Jobs said it properly stated a viable claim that DHS acted beyond its authority in promulgating the H-4 rule because it has no authority to authorize H-4 visa holders to work.

    The group also reiterated its contention that DHS acted arbitrarily and capriciously in enacting the rule, in part by overturning a nearly five-decade-old policy of Congress.

    “Unlike the work visas in the H category, the H-4 visa contains no protections for American workers,” it said. “By allowing aliens to work on an H-4 visa, instead of a guest worker visa, DHS circumvents the protections for domestic labor in the immigration system.”

    Ultimately, Save Jobs said the case boils down to whether, under the Immigration and Nationality Act, Congress defines the classes of noncitizens allowed to work in the U.S. and DHS has broad authority to determine which individuals within those classes may be admitted, or whether DHS and Congress share “dual authority” to define those classes.

    “The outcome has major implications because, should the court hold that DHS has ‘dual authority’ to define classes of aliens allowed to work in the U.S., the entire system of admitting nonimmigrant labor into the United States will be upended,” the opposition said.

  • Massive cyber attack hits 4 million US federal workers; probe focuses on China

    WASHINGTON (TIP): Hackers broke into US government computers, possibly compromising the personal data of 4 million current and former federal employees, and investigators were probing whether the culprits were based in China, US officials said on June 4.

    In the latest in a string of intrusions into US agencies’ high-tech systems, the Office of Personnel Management suffered what appeared to be one of the largest breaches of information ever on government workers. The office handles employee records and security clearances.

    A US law enforcement source told Reuters a “foreign entity or government” was believed to be behind the cyber attack. Authorities were looking into a possible Chinese connection, a source close to the matter said.

    The Federal Bureau of Investigation said it had launched a probe and aimed to bring to account those responsible.

    OPM detected new malicious activity affecting its information systems in April and the Department of Homeland Security said it concluded at the beginning of May that the agency’s data had been compromised and about 4 million workers may have been affected.

    The agencies involved did not specify exactly what kind of information was accessed.

    The breach hit OPM’s IT systems and its data stored at the Department of the Interior’s data center, a shared service center for federal agencies, a DHS official said on condition of anonymity. The official would not comment on whether other agencies’ data had been affected.

  • DHS starts accepting work permit applications for H4 visa holders

    DHS starts accepting work permit applications for H4 visa holders

    Update : This rule has passed the final state and approved by DHS/ USCIS on Feb 24, 2015 and it become effective from May 26, 2015. Eligible H4 visa holders can apply for EAD from May 26, 2015.
    US authorities have started accepting employment authorisation applications for H-4 visa holders, who are spouses of H-1B non-immigrant workers and were not allowed to work so far in the country.

    The US Department of Homeland Security (DHS) yesterday started accepting the applications for H-4 visas.

    Issuing employment authorisation card (EAD) to certain category of spouses of H-1B visas is one of the legislative measures taken by President Barack Obama to fix the immigration system of the country.

    As a result, about 1,80,000 would be eligible to work in the US.

    According to the DHS, it will issue EAD within 90 days of receiving the application.

    Under existing regulations, DHS does not extend employment authorisation to dependents (also known as H—4 nonimmigrants) of H—1B nonimmigrant workers.

    The new rules allow H—4 dependent spouses of certain H—1B nonimmigrant workers to request employment authorisation, as long as the H—1B worker has already started the process of seeking lawful permanent residence through employment.

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    H4 Visa Holders EAD Eligibility 2014 Rules

    Firstly, NOT all H4 visa holders are eligible for the Employment Authorization Document ( EAD).  H4 Visa holders have to fall under one of the below category to be eligible for EAD.

    • Have an approved I-140.    or ( The I-140 refers to the Immigrant Petition for Alien work to get permanent residence – aka Green Card – in United states  )
    • Have been granted extension to authorized stay beyond 6 years under AC21 Act. ( The American Competitiveness in the Twenty-first Century Act of 2000 (AC21)  allows H1B visa holders seeking lawful permanent residence ( Green Card) to work and stay in United States beyond the six year limit, if their PERM/Green Card Processing is pending )

    The above rule is Final and has been passed. USCIS will accept applications for H4 visa EAD from May 26, 2015

    [/quote_box_right]

    Also, some stats on the impact about the H4 Visa Holders EAD Eligibility 2014 Rule.

    • This new proposed rule will enable about 97,000 H4 visa holders to be immediately eligible for employment authorization ( EAD)
    • Also, about 30,000 H4 visa holders would be eligible annually going forward to avail this EAD facility.

    The complete details of the proposed rule will be published in the Federal Register soon. The above information is on a high level and does not list all the details.

    Why DHS is giving EAD for H4 Visa holders  ?

    DHS explains in the federal register that the justification to allow H4 visa holders is to reduce the negative economic effects that H1B households face with one income during the lengthy waiting time of adjustment of status to legal permanent residence. Also, this rule will help H1B holders not to quit and leave their Green Card/ Permanent residence application processing because their H4 spouse cannot work.  Also, it explains that the impact of this rule would only have a negligible increase in domestic work force, which should not raise any eyebrows that jobs are reduced for locals.

    Also Read : 

    NO STOPPING | H4 WORK PERMITS A GO: SAVE JOBS USA LAWSUIT DISMISSED

  • NO STOPPING H4 WORK PERMITS : LAWSUIT DISMISSED

    NO STOPPING H4 WORK PERMITS : LAWSUIT DISMISSED

    [quote_center]

    ALSO READ : DHS Starts Accepting Work Permit Applications For H4 Visa Holders

    [/quote_center]

    NEW YORK (TIP) – The spouses of guest workers with H-4 visas may apply for jobs in the United States, after a federal judge declined to stop the new policy.

         Save Jobs USA, a group made up of former Southern California Edison computer workers replaced by foreign workers with H-1B visas, filed suit against the U.S. Department of Homeland Security in April seeking to stop the regulation.

         The group alleged it is already difficult for its members to find work after they were replaced with H-1B workers, and that the new policy will further increase competition for jobs.

         U.S. District Judge Tanya S. Chutkan found in a memorandum opinion filed Sunday that Save Jobs USA failed to prove that its members would suffer injuries under the policy.

         “There is no indication, and Save Jobs has not provided any evidence, that it is certain that H-4 visa holders will apply for IT jobs and compete with Save Jobs members,” Chutkan wrote. “Save Jobs is correct that this could happen, and eventually it may in fact happen. But at this stage, it is entirely speculative whether any H-4 visa holders will ever apply for IT jobs at SCE, IT jobs in California (where the members of Save Jobs reside), or IT jobs at all.”

         According to DHS, nearly 180,000 new foreign workers may be added to the U.S. workforce in the first year of the rule with as many as 55,000 jobs added annually thereafter.

         “Save Jobs does not explain how many IT jobs may be taken by H-4 visa holders, how many of those jobs its members may have sought themselves, what pay or benefits its members risk losing while the case is pending, or what other harm its members may face,” Chutkan wrote. “The court is left to speculate as to the magnitude of the injury, and speculation is not enough to turn economic loss into irreparable harm.”

         A bipartisan letter written by 10 U.S. senators called for the U.S. Department of Labor to investigate Southern California Edison’s alleged replacement of American employees with H-1B visa holders. Solicitor General M. Patricia Smith declined to investigate, citing a “lack of basis.”

         “At this point, Save Jobs has provided no evidence that any H-1B visa holder has or will stay in the United States as a result of the rule,” Chutkan found. “There is also no evidence that the rule will lead to an increase in the number of H-1B visa holders seeking permanent residence and competing with Save Jobs’ members.”

         Save Jobs attorney Dale L. Wilcox, of the Immigration Reform Law Institute, says public policy should “benefit Americans, not foreigners.”

         “Our immigration laws are supposed to restrain corporations from manipulating the labor market in order to collapse wages and displace American workers,” Wilcox said in a statement.

         Chutkan’s ruling stated that both parties presented compelling arguments, and neither party’s arguments “significantly outweigh” the other.

         “Whether American workers and the U.S. economy are better served with more or fewer foreign workers is a policy question the court need not answer,” Chutkan wrote.

         The Department of Homeland Security declined to comment on the ruling.

  • H4 WORK PERMITS HALTED: LAWSUIT FILED BY SAVE JOBS USA

    H4 WORK PERMITS HALTED: LAWSUIT FILED BY SAVE JOBS USA

    READ UPDATE ON THIS STORY :

    [quote_box_center]H4 WORK PERMITS ALLOWED : LAWSUIT FILED BY SAVE JOBS USA DISMISSED[/quote_box_center]

    WASHINGTON (TIP): The lawsuit, co-led by the Immigration Reform Law Institute, centers not on the H-1B “high-tech” employment visa, but on the related H-4 visa that applies to the spouses of H-1B holders. A Department of Homeland Security rule published in the Federal Registrar in February purports to allow H-4 holders the right to work in the country. According to DHS estimates, 179,600 of these work permits will be doled out in the first year alone, with 55,000 more going out in subsequent years. Also according to the rule, DHS has given itself the option of expanding the program to other groups in future. The lawsuit asserts basically what H-1B expert Norm Matloff said recently, that the new H-4 visa rule is yet another example of U.S. Citizen and Immigration Services “taking the law into their own hands.”

    The complaint against DHS revolves around two functions of the new visa rule. Besides creating a new category of competitors against American workers, the H-4 rule states: “A primary purpose of this rule is to help U.S. businesses retain the H-1B non-immigrants” (emphasis added). In other words, the rule works to draw in potential H-1B workers from abroad (and who are used to far lower salaries and living standards) while providing work permits to brand-new competitors (their potentially high-skilled spouses) who will directly compete with people like Julie Gutierrez. According to the complaint, advertisements for H-4 visa holders are already popping up on engineering job boards online.

    Among the legal claims is that the authority to create work permits under the H-4 visa cannot be found in the Immigration and Nationality Act or elsewhere. But the plaintiffs say that even if a statutory basis could be found, DHS acted “arbitrarily and capriciously” when it concluded that the rule would have only “minimal labor market impacts.” As mentioned, DHS has admitted that the program will hand out nearly 200,000 work permits to new foreign job competitors in the first year, with a further 55,000 every year afterward. This alone shows that DHS’s “finding” that American workers won’t be affected was merely conjecture.

    Elsewhere, Save Jobs USA claims that the Department of Labor failed to certify that the new visa rule won’t
    “adversely affect wages and working conditions” of similarly employed American workers – that such certifications exist will probably surprise those workers in immigrant-heavy industries who have seen flat-line wages for decades. By contrast, many foreign-visa supporters believe that tech companies must interview Americans first before tapping the pool of H-1B workers; however, there is no such requirement in the law. One expert testified before Congress last month that “employers can easily hire an H-1B worker at wages far below what an American worker is paid.”

    The H-4 and H-1B programs, like most employment visas, confer benefits to other country’s citizens at the expense of American workers. It’s a corporate subsidy paid for by the middle class and everyone from Senator Sanders to Senator Inhofe now seems to agree. As the late Democratic senator Eugene McCarthy warned in 1992, right after the creation of the H-1B program, we cannot let America become “a colony of the world.” For the members of Save Jobs USA and other workers like them, this could give rise to a new Gadsden Flag. Any presidential candidate for 2016 who waves that banner will pull in a new and growing constituency that’s begging to be heard: the displaced American worker.

  • DHS funding row over Immigration, edging closer to partial agency shutdown

    DHS funding row over Immigration, edging closer to partial agency shutdown

    Congressional Republicans remained sharply divided Monday over how to fund the Department of Homeland Security, prompting White House officials to begin preparations for a potential shutdown of the agency this weekend.

    “Right now, that does seem to be where we’re headed,” White House press secretary Josh Earnest told reporters Monday.

    Late Monday, Senate Democrats again filibustered a Republican funding proposal for DHS because the money is tied to a repeal of President Obama’s executive actions on immigration. The House passed the bill in mid-January, and the Senate has been trying unsuccessfully since then to advance the proposal. On Monday the vote was 47 to 46, well short of the 60 votes necessary to overcome the Democrats’ procedural roadblock. The Monday vote marked Republicans’ fourth attempt to move the House bill.

    In the event of a shutdown, the immediate public impact is likely to be minimal. Most security officers would stay on the job, unpaid, during a shutdown while tens of thousands of administrative staffers would be deemed “non­essential” and furloughed until a funding deal was reached.

    Many Senate Republicans seized on last week’s ruling from a federal judge in Texas halting the implementation of Obama’s immigration actions as the way to keep up the fight without shutting down a critical security agency.

    “We need to fund the Department of Homeland Security. We cannot shut down the Department of Homeland Security,” Sen. John McCain (R-Ariz.) said Monday evening. He repeated himself for emphasis: “I said we cannot shut down the Department of Homeland Security.”

  • US House passes $1.1 trillion government funding bill

    US House passes $1.1 trillion government funding bill

    WASHINGTON (TIP): The US House of Representatives passed a $1.1 trillion spending bill late on December 11 to fund most federal agencies through September 30, the end of the current fiscal year. By a vote of 219-206, the House approved the bill, which would fund the Department of Homeland Security only through February to give Republicans a chance early next year to try to stop President Barack Obama’s immigration reforms that are largely carried out by DHS. The legislation still must be passed by the Senate before it can be sent to Obama for signing into law. A separate bill to fund the government for two days is likely to be passed by the House, according to a Republican leadership aide. The measure is needed to give the Senate time to pass the $1.1 trillion bill and also avoid a government shutdown at midnight on Thursday when current funding expires.

  • IS militants entered U.S. via Mexico

    IS militants entered U.S. via Mexico

    IS militants entered U.S. via Mexico, Claimed a spokesman for Rep Duncan Hunter

    DALLAS (TIP): U.S. Rep. Duncan Hunter said Wednesday, October 8, he has information that more than 10 militants with ties to the terror group known as the Islamic State have been caught at the U.S.-Mexico border in Texas, a claim that was immediately denied by U.S. security officials and Mexican officials.

    “A well-placed source informed Congressman Hunter that foreign nationals with known association to IS were apprehended along the Texas-Mexico border,” said Joe Kasper, a spokesman for Hunter, R-Alpine. “Beyond that, we confirmed that every day, border officials are apprehending foreign nationals from countries of security interest, including Syria. And it should concern every American, whether in Texas or beyond, that these individuals are getting that close to the border in the first place.”

    In an appearance on Fox News Channel Tuesday night, Hunter cited an anonymous source in the Border Patrol for his information.

    U.S. Department of Homeland Security officials said Wednesday there was no truth to the reports that terrorists affiliated with the Islamic State, which also goes by the names of ISIL and ISIS, have penetrated the United States via Mexico.

    “The suggestion that individuals who have ties to ISIL have been apprehended at the Southwest border is categorically false, and not supported by any credible intelligence or the facts on the ground,” said Marsha Catron, a DHS spokeswoman. “DHS continues to have no credible intelligence to suggest terrorist organizations are actively plotting to cross the southwest border.”

    Tom Vinger, a spokesman for the Texas Department of Public Safety, also denied Hunter’s claim. “The department does not have any information to confirm that statement,” Vinger said.

    The Mexican embassy called Hunter’s suggestion “categorically false.”

    “We reaffirm that those declarations are neither based on real events, nor on credible evidence or intelligence. Mexican authorities have no indication whatsoever of the presence of groups or individuals of Islamic extremists in Mexico. Authorities from Mexico and the United States maintain permanent communication and continually exchange information, and there is nothing to even suggest what Congressman Duncan Hunter stated,” the embassy said in a statement emailed late Wednesday evening.

    “The Government of Mexico is constantly working to strengthen its security and justice institutions in order to provide peace and well-being to our citizens, and we take all measures within our reach to impede any terrorist activity in our territory in compliance with existing law and our international obligations.”

    Several weeks ago, DHS Secretary Jeh Johnson said he heard reports of people affiliated with a terror group attempting to enter Texas. However, Johnson added at the time, “I don’t know the accuracy of the reports or how much credence to give them.”

    Asked if DHS has since investigated and disproved those reports, Catron didn’t immediately respond.

    Also Wednesday, Judicial Watch, which identifies itself as a conservative, nonpartisan watchdog organization, published a claim on its website that four people with ties to terror were captured this week. “Sources tell Judicial Watch that four (people) have been apprehended in the last 36 hours by federal authorities and the Texas Department of Public Safety in McAllen and Pharr” in South Texas, the organization wrote on its website.

  • Boehner wants the legislation this year

    Boehner wants the legislation this year

    WASHINGTON (TIP): I have had “every brick and bat and arrow shot at me” over the Immigration legislation issue, said House Speaker Boehner of Republican colleagues. Boehner reportedly mocked his GOP colleagues for their resistance to immigration legislation during a speech in his home district, April 25, in the latest sign he’s pushing aggressively to break the logjam in Congress — in defiance of some in his own party.

    The Cincinnati Enquirer reported that Boehner took congressional Republicans to task during a talk to a local Rotary Club in Ohio. “Here’s the attitude. Ohhhh. Don’t make me do this. Ohhhh. This is too hard,” Boehner said, according to the paper, pretending to whine as he talked. He added: “We get elected to make choices. We get elected to solve problems and it’s remarkable to me how many of my colleagues just don’t want to … They’ll take the path of least resistance.”

    Boehner reportedly said he’s had “every brick and bat and arrow shot at me” over the issue. GOP House leaders have been giving off mixed signals about the chances for immigration legislation this year. In February, Boehner effectively threw the brakes on talks, saying it would be “difficult” to move any bill as long as lawmakers are concerned about the administration’s enforcement of existing immigration law. Those concerns still exist — if anything, they’ve grown as the Department of Homeland Security undergoes an intensive review of deportation policies.

    But Boehner in recent days has signaled he wants to get the House quickly moving again on legislation. The Wall Street Journal reported last week that Boehner said at a recent fundraiser he was “hell-bent on getting this done this year.” His office later reiterated that there could be no action until President Obama can be a better partner. Boehner’s deputy, Majority Leader Eric Cantor, took a similar tone after an apparently rough conversation with the president last week.

    Cantor also said House Republicans “do not support” a bill by Senate Democrats that would grant “amnesty” to illegal immigrants Still, Boehner appears to be putting himself out there on an issue that many Republicans would just as soon avoid in an election year. On the Senate side, Republicans have been blasting the administration over its current immigration approach.

    Twenty-two senators just sent a letter to Obama accusing the administration of “an astonishing disregard for the Constitution” by considering easing off deportation policies. The letter, signed by Senate GOP Leader Mitch McConnell and others, said the changes would be a “near complete abandonment of basic immigration enforcement.” DHS Secretary Jeh Johnson has been reviewing deportations, under pressure from immigrant advocacy groups to make the policies more humane. There are reports that he is looking at limiting deportations for those who don’t have serious criminal records.

  • U.S. may allow H1B spouses to work during green card wait

    U.S. may allow H1B spouses to work during green card wait

    WASHINGTON (TIP): In a rare move that flies in the face of anti-immigrant rhetoric in some corners of the U.S. the Department of Homeland Security announced in recent weeks that it was proposing to provide employment authorization to H-4 visa holders, who are spouse-dependents of principal H-1B “non-immigrant” visa holders.

    In taking this progressive step the DHS has however clarified that it planned to extend employment authorization only to those within the H4 population who “have begun the process of seeking lawful permanent resident status through employment and have extended their authorized period of admission,” in the U.S. The DHS in its notification of proposed amendments to the law appeared to cognize an important point made in the articles, that restrictions on the right of H4 spouses to work in the U.S. could affect the decision of the principal H1B worker to remain in employment here.

    In this regard the DHS said that it “recognizes that the limitation on the period of stay is not the only event that could cause an H-1B worker to leave his or her employment and cause disruption to the employer’s business, inclusive of the loss of significant time and money invested in the immigration process… This rule will encourage H-1B skilled workers to not abandon their adjustment application because their H-4 spouse is unable to work.” The proposed rules granting employment rights to some H4 visa holders were also “intended to mitigate some of the negative economic effects of limiting H-1B households to one income during lengthy waiting periods in the adjustment of status process,” the DHS noted.

    Calls for relaxing the restrictions placed on H4 visa holders have come amidst growing expectations that President Barack Obama may address the complex issue of comprehensive immigration reform during his second term in office. While opposition to reform has primarily been rooted in concerns over further loss in American jobs to new immigrants, proponents have made the case that fewer work restrictions for H-4 dependent spouses, for example, might encourage “professionals with high demand skills to remain in the country and help spur the innovation and growth of U.S. companies,” and the DHS appeared to support this view in its notes. Applicants seeking to obtain the right to work in the U.S. on this basis should however bear in mind that the proposed changes would only impact spouses of H-1B workers who have been admitted or have extended their stay under the provisions of the American Competitiveness in the Twenty- First Century Act of 2000 or AC21.

    Also it may take at least six months or more for the new rule to get formalized given that the rule is only in the proposal stage and would need to be discussed and passed by the government. Pre-emptively addressing any suggestions that the new rules could take away jobs from American residents the DHS said, “Allowing certain H-4 spouses the opportunity to work would result in a negligible increase to the overall domestic labor force. The benefits of this rule are retaining highly-skilled persons who intend to adjust to lawful permanent resident status. This is important when considering the contributions of these individuals to the U.S. economy, including advances in entrepreneurial and research and development endeavors, which are highly correlated with overall economic growth and job creation.” It added that the proposed amendments would also bring U.S. immigration laws more in line with other countries that seek to attract skilled foreign workers.

  • Comprehensive Immigration Reform: Wait, Please

    Comprehensive Immigration Reform: Wait, Please

    NEW YORK (TIP): It has been over 9 months since a bipartisan immigration reform bill was passed by the U.S. Senate. However, the House of Representatives has failed to address this important issue despite pleas from business interests, agriculture, religious groups and immigration advocacy organizations.

    On March 26, House Democrats attempted to force a vote on immigration reform by using a discharge petition. Unfortunately, the petition failed to get the required 218 votes. GOP House Members are clearly more concerned about being accused of supporting an “amnesty” bill by opponents in primary elections than they are about losing in the general elections in November.

    By June, the primary elections will be over and chances for a compromise immigration bill (or bills) passing the House may improve. After Mitt Romney’s “self-deportation” debacle practically handed the election to President Obama by alienating the overwhelming majority of Latino and Asian voters, it is clear that the failure to pass an immigration reform bill would be injurious to Republican chances of recapturing the Presidency in 2016.

    President Obama has already shown that he is ready to use his administrative powers to stem deportation of DREAMers. If the Republicans continue to block immigration reform, expect the Administration to expand the pool of those shielded from deportation to include family members of DREAMers and possibly undocumented workers with U.S. citizen children. The President meet with Latino lawmakers and immigration reform advocates in mid- March, and directed DHS Secretary Jeh Johnson to review the Administration’s deportation priorities with the goal of preventing the separation of immigrant families.

  • US issues warning about shoebombs on airplanes bound for US

    US issues warning about shoebombs on airplanes bound for US

    WASHINGTON (TIP): The Homeland Security Department has warned airlines that terrorists could try to hide explosives in shoes. It’s the second time in less than three weeks that the government has issued a warning about possible attempts to smuggle explosives on a commercial jetliner.

    Homeland Security said on Wednesday it regularly shares relevant information with domestic and international partners, but it declined to discuss specifics of a warning sent to airlines. “Our security apparatus includes a number of measures, both seen and unseen, informed by the latest intelligence and as always DHS continues to adjust security measures to fit an ever evolving threat environment,” the department said in a statement.

    A US intelligence official told the Associated Press that DHS released a notice to airlines reiterating that liquids, shoes and certain cosmetics were of concern, all of which are covered under existing Transportation Security Administration security policies. The latest warning was focused on flights headed to the United States from abroad. The official said “something caused DHS concern, but it’s a very low threshold to trigger a warning like this.”

    The official spoke on condition of anonymity because he was not authorized to discuss the issue publicly. Earlier this month Homeland Security warned airlines with flights to Russia to be on the lookout for explosive devices possibly hidden inside toothpaste. The Transportation Security Administration then banned passengers from bringing any liquids in their carry-on luggage on nonstop flights from the US to Russia. That warning became public just days before the opening ceremonies of the Winter Olympics in Sochi.

    It is unclear if the latest warning, first reported Wednesday by NBC News, is related to the earlier threats to Russia-bound flights. Air passengers in the United States have had to take off their shoes at airport security checkpoints since shortly after Richard Reid tried to ignite explosives hidden in his shoes on a Miami-bound flight in late 2001. Reid pleaded guilty to terrorism charges and is serving a life sentence.

  • LIU REJECTS AGUILA SHELTER CONTRACTS

    LIU REJECTS AGUILA SHELTER CONTRACTS

    NEW YORK, NY (TIP): New York City Comptroller John C. Liu has rejected contracts by the Department of Homeless Services (DHS) engaging Aguila Inc. to operate shelters in the South Bronx and West 95th Street in Manhattan, citing problems with the City’s Fair Share analysis concerning the siting of shelters by neighborhood. Liu said the DHS needs to clarify both the number of individuals who will be provided services and the length of those services. Given material inconsistencies, there was no choice but to reject, he said. “Transparency is paramount when siting homeless shelters, and these contracts failed the test on many counts.

    Contracts need to be clear and specific, to ensure that the DHS requires the vendor to stay within the parameters of the program,” Comptroller Liu said. “Overall, the Administration’s homeless policies have failed both the homeless and communities asked to accept shelters, and it would be unconscionable to compound past errors with these faulty contracts.” The contracts are in the amount of $46.8 million for 316-330 West 95th Street and $20.8 million for 1625-1631 Fulton Avenue in The Bronx.

    For the Upper West Side location, the Fair Share analysis indicates the shelter has 200 units which can accommodate up to 400 adults – which raises the question of whether DHS can comply with local laws governing total occupancy. Further, the Comptroller’s office is seeking additional documentation regarding inspections and correct certificates of occupancy. For the South Bronx location, there were also apparent discrepancies in the Fair Share analysis, again making it unclear whether the contract complies with local law.