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April 6, 2013
IMMIGRATION AND POLICY: Homeland: Immigration in America Must See Video
IMMIGRATION AND POLICY: Homeland: Immigration in America Must See Video: By NYC Immigration Lawyer Norka M. Schell Law Offices of Norka M. Schell, LLC Tel. (212)546-1589 www.lawschell.com As you read this ...
Homeland: Immigration in America Must See Video
By NYC Immigration Lawyer Norka M. Schell
Law Offices of Norka M. Schell, LLC
Tel. (212)546-1589
www.lawschell.com
As you read this 'blog" I would like you to consider the following questions:
Who are the immigrants anyway?
What are their stories?
Why do we need U.S. Immigration Reform?
How do immigrants and immigration help us and our communities?
IMMIGRATION LAWS BACKGROUND
All stories have two sides and the story of U.S. immigration is not different.
The first one hundred years of our national existence was a period of unimpeded immigration. New settlers were important to the young nation and immigrants were welcomed. The gates were open and unguarded and all were free to come. This national policy paid rich dividends as the immigrants and their descendants contributed heavily to the growth of our nation.
During this period there was little federal legislation. An early attempt at restriction was the Alien Act of 1798, as part of the Alien and Sedition Laws, which authorized the President to expel from the United States any alien deemed dangerous. The legislation was very unpopular and was allowed to expire at the end of its two-year term. Late in 1864, Congress passed legislation designed to encourage immigration, and some of the states had active programs to promote immigration.
Even during this period of tolerance the policy favoring immigration was by no means unopposed. In the earliest days there were groups counseling restriction. As immigration continued to increased these groups gained support of other groups, and they were potent during times of economic depression. Some of the states were disturbed at the influx of immigrants and sought to impose local controls from time to time. However, some of these state statute were declared unconstitutional by the Supreme Court as an invasion of the exclusive federal power to regulate foreign commerce.
In 1875, Congress passed a statute barring convicts and prostitutes.
In 882, Congress adopted the first general immigration statute which imposed a head tax of 50 cents and excluded idiots, lunatics, convicts, and persons likely to become a public charge. Also, in 1882 Congress passed the Chinese Exclusion Act.
In 1885 and 1887, Congress passed the contract labor laws, aimed at the practice of importing cheap foreign labor under labor contracts which depressed the labor market in the United States.
In the first decade of the twentieth century there was a vast increase in immigration, more than doubling the previous decade's arrivals. During four years of this decade annual immigration exceeded a million. In addition, the new immigrants were coming from southern and eastern Europe, instead of the previous migrations from northern Europe. The antagonisms which previously had been directed against the Irish-Catholic and German migrants were transferred to this "new" immigration. The vast tide of immigrants create uneasiness, which was accentuated during periods of economic crisis. The demand for further restrictions increased.
In 1917 Congress passed another comprehensive revision of immigration laws over the veto of President Wilson. The most controversial innovation of this legislation was the literacy test. Another new feature was the creation of an Asiatic Barred Zone to shut out Orientals. Japan alone was not included, since Japanese were dealt with by the so-called Gentleman's Agreement between the Governments of the United States and Japan.
At the conclusion of World War I immigration again began to increase. There was widespread fear of inundation by a flood of immigrants from the war-devastated countries of Europe, which resulted in the Quota Law of 1921, enacted as a temporary measure. This law allocated quotas to each nationality. In 1924, a permanent policy of numerical restriction was enacted.
On June 27, 1952, the Immigration and Nationality Act was enacted. The basic features of the 1952 Act were: "Every alien seeking to enter the United States was deemed an immigrant unless he established that he was a nonimmigrant. A nonimmigrant is one who establishes that he sought to come temporarily and originally included foreign government and international organization officials, visitors, aliens in transit to other countries, students, crewmen, treaty traders and temporary workers.
Every immigrant is deemed subject to the prescribed numerical limitations unless he is exempted from such limitations. The principal classes exempted from numerical restrictions by the Act of 1952 were alien spouses and children of American citizens, returning lawful residents, and natives of Western Hemisphere countries.
The Act established annual based on a system of national origins for immigrants who came from countries except those in the Western Hemisphere, Special racial quotas were established for Asians. The law also established preferences within the quotas for immigrants with specialized skills and certain relatives of American citizens and of resident aliens..."
As the immigration debate continues on, you are invited to listen to the debate and participate on constructive dialogue on immigration issues that will shape our immigration laws once again. http://video.pbs.org/video/2258259814
Law Offices of Norka M. Schell, LLC
Tel. (212)546-1589
www.lawschell.com
As you read this 'blog" I would like you to consider the following questions:
Who are the immigrants anyway?
What are their stories?
Why do we need U.S. Immigration Reform?
How do immigrants and immigration help us and our communities?
IMMIGRATION LAWS BACKGROUND
All stories have two sides and the story of U.S. immigration is not different.
The first one hundred years of our national existence was a period of unimpeded immigration. New settlers were important to the young nation and immigrants were welcomed. The gates were open and unguarded and all were free to come. This national policy paid rich dividends as the immigrants and their descendants contributed heavily to the growth of our nation.
During this period there was little federal legislation. An early attempt at restriction was the Alien Act of 1798, as part of the Alien and Sedition Laws, which authorized the President to expel from the United States any alien deemed dangerous. The legislation was very unpopular and was allowed to expire at the end of its two-year term. Late in 1864, Congress passed legislation designed to encourage immigration, and some of the states had active programs to promote immigration.
Even during this period of tolerance the policy favoring immigration was by no means unopposed. In the earliest days there were groups counseling restriction. As immigration continued to increased these groups gained support of other groups, and they were potent during times of economic depression. Some of the states were disturbed at the influx of immigrants and sought to impose local controls from time to time. However, some of these state statute were declared unconstitutional by the Supreme Court as an invasion of the exclusive federal power to regulate foreign commerce.
In 1875, Congress passed a statute barring convicts and prostitutes.
In 882, Congress adopted the first general immigration statute which imposed a head tax of 50 cents and excluded idiots, lunatics, convicts, and persons likely to become a public charge. Also, in 1882 Congress passed the Chinese Exclusion Act.
In 1885 and 1887, Congress passed the contract labor laws, aimed at the practice of importing cheap foreign labor under labor contracts which depressed the labor market in the United States.
In the first decade of the twentieth century there was a vast increase in immigration, more than doubling the previous decade's arrivals. During four years of this decade annual immigration exceeded a million. In addition, the new immigrants were coming from southern and eastern Europe, instead of the previous migrations from northern Europe. The antagonisms which previously had been directed against the Irish-Catholic and German migrants were transferred to this "new" immigration. The vast tide of immigrants create uneasiness, which was accentuated during periods of economic crisis. The demand for further restrictions increased.
In 1917 Congress passed another comprehensive revision of immigration laws over the veto of President Wilson. The most controversial innovation of this legislation was the literacy test. Another new feature was the creation of an Asiatic Barred Zone to shut out Orientals. Japan alone was not included, since Japanese were dealt with by the so-called Gentleman's Agreement between the Governments of the United States and Japan.
At the conclusion of World War I immigration again began to increase. There was widespread fear of inundation by a flood of immigrants from the war-devastated countries of Europe, which resulted in the Quota Law of 1921, enacted as a temporary measure. This law allocated quotas to each nationality. In 1924, a permanent policy of numerical restriction was enacted.
On June 27, 1952, the Immigration and Nationality Act was enacted. The basic features of the 1952 Act were: "Every alien seeking to enter the United States was deemed an immigrant unless he established that he was a nonimmigrant. A nonimmigrant is one who establishes that he sought to come temporarily and originally included foreign government and international organization officials, visitors, aliens in transit to other countries, students, crewmen, treaty traders and temporary workers.
Every immigrant is deemed subject to the prescribed numerical limitations unless he is exempted from such limitations. The principal classes exempted from numerical restrictions by the Act of 1952 were alien spouses and children of American citizens, returning lawful residents, and natives of Western Hemisphere countries.
The Act established annual based on a system of national origins for immigrants who came from countries except those in the Western Hemisphere, Special racial quotas were established for Asians. The law also established preferences within the quotas for immigrants with specialized skills and certain relatives of American citizens and of resident aliens..."
As the immigration debate continues on, you are invited to listen to the debate and participate on constructive dialogue on immigration issues that will shape our immigration laws once again. http://video.pbs.org/video/2258259814
April 3, 2013
IMMIGRATION AND POLICY: Comite de Apoyo a los Trabajadores Agricolas et al...
IMMIGRATION AND POLICY: Comite de Apoyo a los Trabajadores Agricolas et al...: IMMEDIATE RELEASE USCIS has temporarily suspended adjudication of certain Form I-129 H-2B petitions for temporary non-agricultural work...
Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, 2:09-cv-00240-LDD (E.D. Pa) - Suspension of Adjudication of Most H-2B Petitions Following Court Order
IMMEDIATE RELEASE
USCIS has temporarily suspended adjudication of certain Form I-129 H-2B petitions for temporary non-agricultural workers while the government considers appropriate action in response to the Court order entered March 21, 2013 in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, 2:09-cv-00240-LDD (E.D. Pa). http://www.dol.gov/eta/regs/unifiedagenda/fall2010/1205-AB61.htmThe Court’s order granted a permanent injunction against the operation of the portion of the 2008 wage rule related to certain prevailing wage determinations and gave the Department of Labor (DOL) 30 days to come into compliance with the Court order. Following the Court’s order, DOL announced that it can no longer make prevailing wage determinations based on the Occupational Employment Statistics (OES) survey four-tier wage system. DOL will, however, continue to process prevailing wage requests not subject to the court order, including prevailing wage determinations using applicable Collective Bargaining Agreements, acceptable private wage surveys, or Service Contract Act or Davis Bacon Act wages. DOL intends to comply with the Court order within 30 days by promulgating a revised wage rule.
Accordingly, USCIS has temporarily suspended adjudication of H-2B petitions that are accompanied by temporary labor certifications (TLCs) issued by DOL when those TLCs are based on OES four-tier prevailing wage determinations. USCIS has also suspended premium processing for all H-2B petitions until further notice. Petitioners who have already filed H-2B petitions using the premium processing service, and who receive no agency action on their cases within the 15-calendar-day period, will receive refunds.
USCIS will be issuing notices on all pending petitions in order to determine the source of the prevailing wage determination (PWD). USCIS will not consider these notices as an "agency action" for premium processing purposes.
If it is determined that your pending petition is accompanied by a TLC that is based on a PWD utilizing applicable Collective Bargaining Agreements, acceptable private wage surveys, or Service Contract Act or Davis Bacon Act wages, USCIS will resume adjudication of your H-2B petition.
In addition, USCIS will adjudicate H-2B petitions that are filed with TLCs issued by DOL on or after March 22, 2013.
Furthermore, USCIS will continue adjudicating H-2B petitions for non-agricultural temporary workers on Guam if the petitions are accompanied by TLCs issued by the Guam Department of Labor (GDOL).
Finally, USCIS may adjudicate an H-2B petition if it can be resolved on issues unrelated to the OES four-tier prevailing wage determination.
Once a revised prevailing wage rule is promulgated, USCIS will resume adjudication of all H-2B petitions.
For information on H-2B petitions, please contact the Law Offices of Norka M. Schell at (212)564-1589 or visit our website at www.lawschell.com
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