President Barack Obama on Friday signed a bill directing $600 million more to securing the U.S.-Mexico border, a modest election-year victory that underscores his failure so far to deliver an overhaul of immigration law from Congress.

Obama signed the bill Friday in a low-key Oval Office ceremony alongside Homeland Security Secretary Janet Napolitano. There were cameras present, but no reporters. The action came a day after the Senate convened in special session during its summer recess to pass the bill.

“Look, only Congress can pass a bill,” Napolitano said. “The president can advocate. He can get them to the table, as he has in the Roosevelt Room upstairs. He can implore. He can provide ideas. He can agree to a framework, as he already has. He can give a major address that spells out what’s needed in a bill, but only Congress can pass a bill.”

The new law will pay for the hiring of 1,000 more Border Patrol agents to be deployed at critical areas, as well as more Immigration and Customs Enforcement agents. It provides for new communications equipment and greater use of unmanned surveillance drones. The Justice Department gets more money to help catch drug dealers and human traffickers.

“Efforts to overhaul our broken immigration system have once again taken a back seat to appeasing anti-immigrant xenophobes, as Congress passed another dramatic escalation in border enforcement with very little evidence that past escalations have been effective,” said Margaret Moran, president of the League of United Latin American Citizens.

More on this

Obama’s Statement on Passing the Border Security Bill

USA Today

1. Want to stay in touch?  The InFOCUS Immigration Solutions August newsletter is available for your viewing here.
2. We link to an interesting letter to President Obama on Immigration Reform that says it all very well
3. USCIS to permit EAD (Employment Authorization Documents) to be expedited through the Nebraska Service Center (NSC) if they have been p ending for more than 60 days under particular circumstances.  Please contact our office for more information on this should you require assistance with expediting your case.
4. Department of State announces that they will phase in the implementation of an online, electronic Immigrant Visa form, the DS-260 that will eventually replace the DS-230 form. Federal Register 75 FR 45475.
5. Just yesterday, the US Senate passed a border security spending bill containing a provision that will be paid for by increasing fees for employers that have a large H-1B or L-1 foreign worker presence in their workforce. Specifically, the bill would increase total filing and fraud prevention fees by an incredible $2000 or more for petitioners with a U.S. workforce of more than 50 percent H-1B or L-1 nonimmigrants. The provision would be applicable to employers with 50 or more employees in the United States. The bill would also provide $600 million in emergency funds to increase security along our borders with Mexico by hiring more than new 1,000 border patrol and immigration enforcement officers, and increasing unmanned drone surveillance operations in the region.  For more on this
6. The USCIS will start receiving email inquiries on I-90 and N-400 forms if the wait time has exceeded the designated processing times.
7. The Department of Labor (DOL) bans the Asian Journal from the H-1B Program and agrees to pay $516, 500 in back pay to 32 employees plus a $40,000 penalty.

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The Obama Administration is considering ways that it could act without Congressional approval  – some options to provide immigration relief, should comprehensive immigration reform legislation not pass.

In an internal memo to Alejandro N. Mayorkas, the Director of USCIS, from the Offices of Chief Counsel and Policy and Strategy lay out some suggestions that USCIS might undertake within the current structure of the law without having to wait for Congress to pass legislation. Some of the key suggestions include the following:

1. Provide work authorization for H-4 dependent spouses if the H-1 applicant has an application for permanent residence and has extended beyond the 6 year limit. Currently H-4 dependents have to wait for the filing of an I-485 application to get work authorization, however, that can’t be done unless the priority date is current.

2. Expand the ‘dual intent” doctrine to non-immigrants such as TN’s, F-1, O and P and E visa holders. This could be especially helpful for applicants in TN status (such as registered nurses) who have delayed filing an I-140 petition because of concerns about traveling since TN is not currently a “dual intent” status.

3. Create a grace period ranging from 45 to 90 days for most of the non-immigrant categories. This would be especially helpful for H-1B applicants who wish to do an H-1B transfer if they lose a job and soon find a new job.  Currentf law holds the person to be “out of status” and subjects the H-1B applicant to returning to their home country to get a new visa stamped.

4. Eliminate unlawful presence (3 year and 10 year bar) for adjustment of status applicants. This would allow applicants who are subject to the bar on re-entry to freely travel and re-enter the U.S. to resume their application.

5. Expand premium processing to all employment-based cases. USCIS noted that they do not have a current backlog in cases so they are equipped to expand their premium processing unit.

6. Utilize deferred inspection to applicants whose removal is not in the public interest. This allows a “stay” in the U.S. to buy time for the applicant to have some form of legislative relief in the future.

7. Expand the EB-5 investor visa program. This program provides permanent residence to foreign nationals who invest in a U.S. business that creates at least 10 jobs, however, the program has been underutilized. The USCIS views this program as an important tool to revitalize the U.S. economy.

8. Extend work authorization on EADs when an extension is filed. This would allow automatic 240-day work authorization for an applicant who files an EAD extension before the current one expires. Currently the renewed EAD must be approved by the time the current one expires for the foreign national to continue to lawfully work.

USCIS believes these options are immediately at their disposal or can be quickly implemented through notice in the Federal Register based upon current authority. There is no word yet whether USCIS will implement these suggestions.

Supporters of comprehensive immigration reform are certain to welcome any effort by the Obama administration to unilaterally open pathways to citizenship for many currently in the country illegally. But the draft is also sure to outrage immigration-restriction groups.

Christopher Bentley, a USCIS spokesperson, said that internal memos help the agency “do the thinking that leads to important changes; some of them are adopted and others are rejected” and that “nobody should mistake deliberation and exchange of ideas for final decisions.”

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► Breaking News

• Judge Blocks AZ Law

A federal judge today blocked the most controversial parts of Arizona’s immigration law from taking effect, delivering a last-minute victory to opponents of the crackdown.  The judge also put on hold parts of the law that required immigrants to carry their papers at all times, and made it illegal for undocumented workers to solicit employment in public places.  We link here and here for more on the subject

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NEWS BYTES FOR OUR ARTS, SPORTS AND ENTERTAINMENT CLIENTS:

• Immigration Solutions’ July Sports | Arts & Entertainment News

• Sports Teams and Celebrities Among those Facing Visa Refusals

• Iroquois Lacrosse Team Denied UK Visas

• James Cameron’s offer to help with BP Oil Spill turned down

• NYU  Music Technology Program
  

• US Reversal on Visa Denied to Colombian Journalist

and more

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• Thinking of Applying for US Citizenship?

New Brochure:  http://www.uscis.gov/USCIS/Resources/Citizenship%20&%20Naturalization%20Based%20Resources/G-1151.pdf

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Immigration Solutions provides US and global visa services to individuals and employers throughout the USA and abroad.  We specialize in business immigration and have a depth of experience in the IT, healthcare, arts & entertainment sectors, amongst others.  Our services include complex business visas for investors, multinational managers, skilled professionals and outstanding individuals in science, business, education, athletics and entertainment.  We additionally provide employer compliance consulting services on proper I-9 (Employment Eligibility Verification) auditing, training, and work with our clients to develop compliant immigration policies and procedures.

At a time when the prospects for immigration overhaul seem most dim, supporters have unleashed a secret weapon: a group of influential evangelical Christian leaders.

For more on this, read the story.

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If this is your first time visiting us, Immigration Solutions provides US and global visa services to individuals and employers throughout the USA and abroad.  We specialize in business immigration and have a depth of experience in the IT, healthcare, arts & entertainment sectors, amongst others.  We additionally provide employer compliance consulting services on proper I-9 (Employment Eligibility Verification) auditing, training, and work with our clients to develop compliant immigration policies and procedures.  We offer these services, as well, to government contractors and advise on FAR E-Verify enrollment and compliance issues.

The Obama administration has been holding behind-the-scenes talks to determine whether the Department of Homeland Security can unilaterally grant legal status on a mass basis to illegal immigrants, a former Bush administration official who spoke with at least three people involved in those talks told FoxNews.com on 6/21/10.

The issue was raised publicly by eight Republican senators who wrote to the White House last week to complain that they had heard the administration was readying a “Plan B” in case a comprehensive immigration reform bill cannot win enough support to clear Congress.

The White House has neither confirmed or denied this claim.  It’s unclear what section of the illegal immigrant population such a move would target. But the former Bush official said the discussions are real.

“The administration at the very minimum is studying legal ways to legalize people without having to go through any congressional debate about it,” the source said, calling the senators’ claim credible. “Whether somebody pulls the trigger on that, that’s another issue.”

The senators — Chuck Grassley, R-Iowa; Orrin Hatch, R-Utah; David Vitter, R-La.; Jim Bunning, R-Ky.; Saxby Chambliss, Ga.; Johnny Isakson, R-Ga.; and James Inhofe, R-Okla  – claimed in their letter that the administration was looking at extending what is known as deferred action or parole to millions of illegal aliens in the United States.

For more on this story

In a very interesting Blog post on The Hill (the blog for Congress), Rep Dana Rohrabacher reports that the Obama administration’s reaction to Arizona’s efforts to get an untenable situation under control, has been disappointingly predictable and dismissive of the majority of the American people who support what Arizona is doing.   He further states, “At every turn this administration has attempted to vilify Arizona’s efforts to enforce the law from threats of litigation by the Justice Department to our President allowing Mexican President, Felipe Calderon, to lecture us  about our immigration laws from the floor of the U.S. House of Representatives.”

Rep Rohrabacher asserts that illegal immigration in the US is big business  for Mexico. After oil, the number two source of income  for Mexico is the roughly $25 billion of remittances sent back there from workers in the United States, many of whom are here illegally.

Rohrabacher blogs that one of the tactics used by the Mexican government to help maintain this revenue source is the issuance of what is known as a “Matricula Consular ID Card” to Mexican nationals who do not have proper documentation to be in this country legally. The purpose of this ID card is to help make it easier for illegals to access public services, obtain housing or open bank accounts.

According to a recent report by the Federation for Immigration Reform:

Matricula Consular ID cards — two million of which have been issued in the last two years, have drawn heated criticism because they are issued to illegal aliens who cannot access U.S.-issued identity documents. Because consular ID cards are only needed by people who aren’t legally in the U.S. in the first place, communities and businesses that accept the cards as valid ID are undermining immigration enforcement and compromising U.S. security.

Rohrabacher states that one of the tactics used by the Mexican government to help maintain this revenue source is the issuance of what is known as a “matricula consular ID card” to Mexican nationals who do not have proper documentation to be in this country legally. The purpose of this ID card is to help make it easier for illegals to access public services, obtain housing or open bank accounts.

According to a recent report by the Federation for Immigration Reform:

Matricula Consular ID Cards — two million of which have been issued in the last two years, have drawn heated criticism because they are issued to illegal aliens who cannot access U.S.-issued identity documents. Because consular ID cards are only needed by people who aren’t legally in the U.S. in the first place, communities and businesses that accept the cards as valid ID are undermining immigration enforcement and compromising U.S. security.

“There’s no way around the fact that consular ID cards are only needed by people who aren’t legally in the U.S. in the first place. Indeed, relying on the Mexican Matricula for identification is tantamount to admitting that the bearer is in the U.S. illegally, as no one here legally has a need for one.”

“The FBI and the Department of Justice say that the cards are not a reliable form of identification and pose “major criminal threats” and a “potential terrorist threat.”

For more on this story, go to the the blog link above.

The Immigration Policy Center reported today that President Obama will be meeting with Arizona Governor Jan Brewer on Thursday, June 3rd to discuss border security and Arizona’s controversial new immigration law SB 1070.  While both opponents and proponents are attempting to assess the impact the new law may have on residents of Arizona-citizens and immigrants alike, some  22 states (at last count) are considering similar legislation. Multiple lawsuits have been filed challenging the constitutionality of the law, opponents are mounting a boycott, and numerous polls show that a majority of the public both supports the Arizona law and comprehensive immigration reform.

The Immigration Policy Center has put together a Special Report on “What you Need to Know about the New Law and How it Can Impact your State”.  One of the opening statements of the Guide reads as follows:

“SB 1070 represents, among other things, a growing frustration with our broken immigration system.  Ultimately, the courts will decide the constitutionality of the law, while time will answer many questions about its impact.  In the short term, as other states contemplate copying Arizona’s version of immigration reform, there is plenty of evidence to suggest that an enforcement-only approach – whether attempted at the federal or state level – does not solve the immigration problem.”

As reported in the Washington Post 5/24/2010

Democrats crafting an overhaul of U.S. immigration laws are bringing a new approach to a long-stalled debate: giving a federal commission some power over the future flow of legal foreign workers.

Senate Democratic leaders are drafting a measure to authorize a commission to recommend levels of employment-based visas and green cards that let immigrants work legally in the United States. The plan would require Congress, in certain cases, to vote when immigrant labor is deemed out of line with demand. Although the commission would have limited influence over the skilled-immigrant market for technology and other industries, it would have a major role in regulating low-skilled foreign labor.

The commission idea originally came from Ray Marshall, Labor Secretary under President Jimmy Carter. The United States needs a nonpartisan panel that would use “rigorous” data analysis in its decisions, Marshall said in an interview.

The idea is another example of lawmakers showing a willingness to relinquish decision-making to commissions on issues that include reducing the federal debt, Iraq war policy and curbing Medicare costs.

“It’s the ultimate expression for the need for political cover,” said Ross Baker, a political science professor at Rutgers University.

Legislation being drafted by Sen. Charles E. Schumer (D-N.Y.) and Senate Majority Leader Harry M. Reid (D-Nev.) is expected to take a different tack, said a Schumer aide, who spoke on the condition of anonymity. The panel they envision would have a stronger role in deciding immigrant-worker levels in lower-skilled occupations — such as hotel and restaurant jobs — than in higher-skilled ones.

We’ll see how all this plays out and will continue to report on any and all immigration reform measures.

If you’re an employer that despite your efforts to hire US workers, must rely on foreign workers to grow your business, sign this petition and send it to your representatives and then pass the link along.

Partisan haranguing took place yesterday with the Senate Democrats’ release of their version of a 26-page comprehensive immigration reform Draft for overhauling the nation’s immigration laws entitled “Conceptual Proposal for Immigration Reform“.  The Republicans immediately attacked it and criticized the Democrats for taking a partisan approach.

The draft includes a proposal to create a process to legalize an estimated 12 million undocumented immigrants in the United States and overhaul U.S. visa programs to bring foreign workers into the country to meet business needs. It also calls for a new visa class specifically for provisional workers.

Meanwhile, White House Press Secretary Robert Gibbs said the president telephoned some Republican senators this week to ask them to support immigration reform. The calls were to keep a promise he made to Sen. Lindsey Graham, R-S.C, stating “We are going to need both Republicans and Democrats”.  However, Democratic leaders appear increasingly to be laying the groundwork to bring an all-Democratic immigration reform bill to the Senate floor.

Rep. Sheila Jackson Lee, D-Texas, said lawmakers will not be intimidated by Graham’s threats to walk away from negotiating other legislation if immigration reform advances.

“I will say to him, ‘So what?’ ” she said. “We will not be intimidated by you.”

As we’ve all expected, the stage is set for quite a dramatic and compelling uphill road where immigration reform is concerned.  We will continue to report on this regularly.