USCIS

The inadequacy of the In-Country Refugee/Parole Program for Central American Minors (CAM)

By | Clients, Family-Sponsored Immigration, USCIS | No Comments

On December 1, 2014, a new program was announced by the U.S. Department of State (DOS) in response to the “surge” of immigrant minors at the border during the summer of 2014. The program implemented by U.S. Citizenship and Immigration Services (USCIS) is now called CAM which stands for the Central American Minors Refugee/Parole Program. It is specifically designed to help minors living in Honduras, El Salvador and Guatemala who have parents lawfully residing in the United States to escape the violence and turmoil in their native country.  It is dubbed “a safe, legal, and orderly alternative to the dangerous journey that some children are currently undertaking to the United States.” Information on who is eligible to apply for the program and a description of the process can be found at the following link: http://www.uscis.gov/humanitarian/refugees-asylum/refugees/country-refugeeparole-processing-minors-honduras-el-salvador-and-guatemala-central-american-minors-cam

As of April 23, 2015 the program has only received 461 applications, none of which have been adjudicated. The estimated processing time for an application is 9 months to a year. In the mean time there are no protections offered to the children awaiting adjudication. The “safe, legal, and orderly alternative” characterization of the program belies its true nature.  The reality is that these children do not have time to wait 9 to 12 months, and even to a casual observer this seems absurd. Essentially the U.S. government is saying, “You say you fear for your life because you have already been persecuted or you have a well-founded fear of future persecution? That’s nice. Please return to your scary life for 9 to 12 months while we look into that. And I’m sorry, even though speaking to U.S. government officials could expose you to even more danger, we have no protection to offer you. But thanks for applying!”

And let’s further discuss that 461 figure mentioned above. That number seems awfully low compared to the surge of thousands who came in the summer of 2014 and are still coming to our southern borders seeking refuge. It might be said that the program is inadequately publicized but the experience in our office has been that plenty of people in the Salvadoran, Honduran and Guatemalan community are aware of the program and its benefits.

The issue comes from the lack of funding provided to the local designated resettlement agencies here in the United States who are supposed to be helping the parents here in the United States to submit their applications.  During a recent teleconference hosted by USCIS on March 31, 2015, several callers were directors or employees of these resettlement agencies stating that they cannot meet the burden placed upon them to fill out the initial application because they have no budget to support this program. We have heard this complaint from some of our own clients who state that they called 3 or 4 resettlement agencies here in the Washington, D.C. area and none of them were able to assist in filling out this application. How is this program supposed to provide the necessary relief when clients can’t even get basic access to submit their applications?

Furthermore this program has been designed to cut attorneys out of the loop so that the parents who want legal representation during the process do not have that option. The application form can only be accessed and completed with the assistance of a designated resettlement agency, which has no funding to staff someone to assist you with filling out the application. As attorneys all we can do is advise our clients on the potential strength of their children’s claim but at this point there seems to be no other avenue for us to intervene or assist.

At best this program is a loose band-aid for the current crisis at the southern border. At its worst it puts the lives of the refugees at risk because it provides no protection for those who speak to U.S. government officials in connection with these applications. We hope that Congress will heed the appeals of the immigrant advocates who recently testified before them regarding this program and will take active steps to improve it. To view the hearing please click on the following link: http://www.judiciary.senate.gov/meetings/eroding-the-law-and-diverting-taxpayer-resources-an-examination-of-the-administrations-central-american-minors-refugee/parole-program

H-1B cap and denials have prevented job creation and wage growth for US-born tech workers

By | Employment-Sponsored Immigration, Politics, Tech Workers, USCIS, Visas | No Comments

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The Partnership for a New American Economy’s new report, Closing Economic Windows: How H-1B Visa Denials Cost U.S.-Born Tech Workers Jobs and Wages During the Great Recession, shows how existing H-1B visa lottery caps disproportionately hurt American-born tech workers by slowing job and wage growth in more than 200 metropolitan areas across the United States. H-1B visa denials in 2007 and 2008 caused these areas to miss out on creating as many as 231,224 tech jobs for American-born workers in the years that followed and cost U.S.-born, college-educated workers in computer-related fields as much as $3 billion in aggregate annual earnings.

Key report findings include:

  • The high number of H-1B visa applications that were eliminated in the 2007-2008 visa lotteries represented a major lost opportunity for U.S.-born workers and the American economy overall. The rejection of 178,000 H1-B visa applications in computer related fields in the 2007 and 2008 H-1B visa lotteries caused U.S metropolitan areas to miss out on creating as many as 231,224 often highly-sought after tech jobs for U.S.-born workers in the two years that followed. The total number of U.S.-born workers with computer-related jobs would have exceeded 2 million by 2010 with that additional employment.
  • The U.S. tech industry would have grown substantially faster in the years immediately after the recession if not for the large number of visas that didn’t make it through the 2007 and 2008 H-1B visa lotteries. The number of jobs for U.S.-born workers in computer-related industries would have grown at least 55 percent faster between 2005-2006 and 2009-2010, if not for the applications eliminated in the recent H-1B visa lotteries. Computer firms could have added as many as three times more jobs for U.S.-born workers than they actually did during that period without all the unsuccessful H-1B visa applications.
  • U.S.-born workers without bachelor’s degrees were disproportionately hurt by the H-1B visa lotteries in 2007-2008. Because less-educated tech workers often play valuable roles supporting the work of high-skilled engineers, programmers, and others, they were particularly impacted by recent H-1B trends. By 2009-2010, U.S. metropolitan areas lacked as many as 188,582 computer-related jobs for U.S.-born workers without a college degree as a direct result of the large number of applications that were eliminated in the 2007 and 2008 H-1B visa lotteries. The number of positions missing from the economy for U.S.-born, college-educated tech workers, in contrast, was between 24,280 and 42,642.
  • The H-1B visa lotteries in 2007 and 2008—and the denials resulting from them—greatly slowed wage growth for workers in computer-related industries. In 2009, the 1.1 million U.S.-born, college-educated workers in computer-related fields missed out on as much as $3 billion in aggregate annual earnings as a direct result of the large number of applications that were unsuccessful in the H-1B visa lotteries in the 2007-2008 period. From 2005-2006 to 2009-2010, wages for college-educated, U.S.-born workers with computer-related jobs grew by 1.7 percent. Without the earlier visa lotteries, their wages could have grown by as much as 4.9 percent during that period.
  • For some cities, the H-1B visa lotteries in 2007 and 2008 had a particularly large impact.  In New York City and Northeast New Jersey, the large number of H-1B visas that didn’t make it through the lottery for workers in computer-related fields caused the local economy to miss out on creating as many as 28,005 jobs for native-born workers in those industries by 2009-2010. The Washington, DC metropolitan area, including parts of Virginia and Maryland, lost the opportunity to create as many as 30,222 computer-related jobs for U.S.-born workers during that period; Chicago and Dallas Forth Worth passed up the opportunity to create as many as 27,329 such positions together.

This report was prepared for the Partnership for a New American Economy by Giovanni Peri, University of California, Davis and the National Bureau of Economic Research; Kevin Shih, University of California, Davis; and Chad Sparber, Colgate University.

No more FOIAs to get your I-94 history for last 5 years

By | CBP, USCIS, Visas | No Comments

 

I-94AOn April 30, 2014, CBP announced that you will no longer need to file a Freedom of Information Act (FOIA) Request to obtain your arrival/departure history and records for the last five years from the date the request is made. Through the I-94 website, you will be able to retrieve your most recent I-94 information. Specifically, the website will show you the following:

  • I-94 number
  • most recent date of entry
  • class of admission
  • admit-until date

All you need to get access to your I-94 records is:

  • your name
  • your date of birth
  • your passport information

Those who entered the U.S. in the last 5 years and had their I-94 lost or destroyed can now save big bucks thanks to the I-94 website. The filing fee for an I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document is $330! With the recent transition to electronic I-94s, the I-102 will  eventually become completely obsolete.