DACA Renewal Process Announced

Secretary of Homeland Security Jeh Johnson announced the process for eligible individuals to renew their temporary status under Deferred Action for Childhood Arrivals (DACA) last week. DACA holders who successfully renew will be safe from deportation for another two years, continue work authorization, and, in most states, be eligible for a Social Security number and a driver’s license.

 

DACA was an executive action taken in June 2012 for undocumented individuals who lacked lawful status by virtue of immigrating illegally to the United States as children. To request consideration of DACA, an individual must: be under age 31 on June 15, 2012, have arrived in the United States before reaching 16 years of age, continuously resided in the U.S. from June 15, 2007 to present, be physically present in the U.S. on June 15, 2012, have no lawful status at that time, currently in school or have some schooling degree or veteran status, and not have committed a felony, a serious misdemeanor, or three misdemeanors.

 

Those who initially qualified two years ago can renew unless they have been convicted of certain criminal activity, departed the country without the government’s permission, or stopped residing in the United States. There are no age issues with renewal. Renewal demands an application, filing fee of $465, background check, and two applications for work authorization.

 

Timing is of the utmost importance for renewal hopefuls. US Citizenship and Immigration Services (USCIS) encourages candidates to file four to five months before their expiration dates to avoid a lapse. Lapse carries severe consequences, including a loss of work authorization and driver’s license. USCIS continues to accept new DACA applications.

 

The Law Offices of Andrew Wood commends our government for renewing this important process that helps people achieve DACA status, and is hopeful that in the future the DREAM Act will create a more permanent solution for DACA recipients. Until then, we echo President Obama’s statement that, “these kids deserve to plan their lives in more than two year increments.”

USCIS will be hosting a forum to guide candidates through the process later this month on June 18 and provides many online resources.

More H-1B Visas Would Help the U.S. Economy

A report was released by the Partnership for a New American Economy this week, documenting the damage that H-1B denials has incurred on U.S. cities and U.S. born workers. In “Closing Economic Windows: How H-1B Visa Denials Cost U.S.-Born Tech Workers Jobs and Wages During the Great Recession,” (available here) that trend is documented poignantly in the tech fields.

H-1B Visas Causes Firms to Go Overseas

It is estimated up to 120,000 jobs are available each year in tech fields. Only 51,000 American graduates are trained to meet that opening, as only 45% of STEM degrees issued at research intensive universities in the United States are obtained by US born graduates. That widening chasm has forced employers in the sector to recruit foreign graduates, but the difficulty of obtaining their H-1B visas has caused some firms to move operations overseas. For example, Microsoft opted to open a Vancouver office with 400 tech jobs. Smaller firms have felt the pressure acutely and have responded similarly.

H-1B Visa pink slip

Credit: @timothykrause – Flickr

The H-1B visa is critical for foreign workers seeking to ply their craft in the United States. It is frequently issued to computer programmers and health care professionals, as well as to workers throughout the STEM (Science, Technology, Engineering, and Mathematics) field generally. However, it is far from being a panacea to solving labor shortages in those arenas because the quota of H-1B visas that are issued per year lag far behind business needs. The number was augmented to correspond with the tech boom of the late 1990s, but it has reverted from a peak of 195,000 per year in 2003 to 65,000 per year in 2004. It has remained at that incongruous 65,000 (with an exemption) cap since, despite the increasingly vocal urgency of employers. In 2014, for the second year in a row, the number of H-1B applications received in the first week of April far exceeded the number of available H-1B visas for the entire year.

H-1B Visa Fears

A common fear is that increasing the number of H-1B visas to foreigners will lead to wage depression and loss of job opportunity for American-born workers. However, the report authored by Americans for a Renewed Economy rebuts those notions by showing H-1B visa denials have injured American born workers’ wages and job prospects. By examining H-1B visa denials in 2007-2008 and their aftermath in 236 cities, the report shows that those denials hampered job creation and wage growth for American-born computer specialists, college graduates, and non-college workers. American workers lacking a college degree were the most injured by the recession in 2007 and 2008. The growth of jobs for non-college educated U.S.-born slowed down by 7.1% every time a city experienced a 1% “shock” in the available supply of computer workers. The report points to surrounding jobs eliminated as a result of tech jobs being unfulfilled, such as human resources, sales, operations, and management.

Improving the American Immigration System

The Partnership for a New American Economy was formed by Michael Bloomberg and Rupert Murdoch for the purpose of improving the American immigration system. Its chairmen include some of the most prominent businessmen and mayors in the United States. The businessmen include Microsoft CEO Steve Ballmer, Bill Marriot, Disney CEO Bob Iger, and Boeing CEO Jim McNerney. The mayors include San Antonio’s Julian Castro and Philadelphia’s Michael Nutter.

President Obama Announces Delay of Deportation Policy Review

President Barack Obama directed DHS Chief Jeh Johnson to delay completing a review of deportation policies until the end of the summer. The overt purpose of this action is to allow Congress more time to act on comprehensive immigration reform this year. Immigration reform has been contemplated with various levels of intensity and feasibility over the past decade, with some recent crescendos in the past two years. Even with the vociferous advocacy to pass comprehensive immigration reform, legislation has not been passed. The primary contention point of immigration reform is granting a path to citizenship for 11.5 million undocumented immigrants who are illegally residing in the country. The current Senate bill includes that pathway and that “amnesty” process is unpalatable to opponents of reform.

 

Deportation has been a controversial issue during Obama’s presidency. President Obama has deported the most undocumented immigrants out of any president, but he has taken executive actions over the past two years to allay that number. The high rate of deportation, especially during Obama’s first term has attracted vocal disapproval from Latino pushing both political parties for comprehensive reform.

 

Pro-immigration reform groups released an open letter asking the President to delay executive actions and permit the House of Representatives more time to pass legislation. However, another coalition of pro-immigration reform groups responded with outrage at the lack of executive action, stating that 97,000 undocumented immigrants will be deported over the summer.

 

The American Immigration Lawyers Association responded to the announcement by exhorting the House of Representatives to act swiftly through the legislative process before executive action is taken.

Pennsylvania’s DOMA Law Struck Down as Unconstitutional

On Tuesday May 20, Judge John Jones III for the US District Court for the Pennsylvania Middle District struck down the state’s ban on same-sex marriage in Whitewood v. Wolf. The judge agreed with the plaintiffs’ argument that the state’s Defense of Marriage Act (DOMA) violated the 14th Amendment’s Equal Protection Clause by refusing to recognize out-of-state same-sex marriages and marry same-sex couples in the state. Pennsylvania’s Defense of Marriage Act was enacted in 1996 amidst the national fears that states would be required to recognize same-sex marriages performed in other states if those states had legalized them.

 

The United States passed a federal Defense of Marriage Act in 1996, as well, guaranteeing that states did not have to recognize out-of-state same-sex marriages and federally defining marriage as a “union between a man and a woman.” The Supreme Court struck down Section 3 of DOMA in United States v. Windsor. Even though individual states had sanctioned same-sex marriages, federal benefits available to married couples were prohibited from married same-sex couples through DOMA. For instance, Windsor was in court contesting a $350,000 estate tax liability.

 

As Governor Corbett has announced that he will not be appealing this decision, Pennsylvania is the 19th state to legalize same-sex marriages. Couples seeking to be married should be aware of their states’ laws, especially as they pertain to same-sex marriage and state and federal implications. States still do not have an obligation to recognize same-sex marriages, so residency remains an important question to consider. Immigration issues can create extra layers of complication. The majority of countries throughout the world do not recognize same-sex marriage, performed within that country or in a different country.

 

In August 2013, Secretary of State John Kerry announced that the United States would begin recognizing legal foreign same-sex marriages. For example, an immigrant same-sex couple validly married in Great Britain will have that marriage recognized in the United States. This represents a great victory for same-sex immigrants and should avail them to immigration opportunities otherwise denied to them. For example, a U.S. citizen who is married to an immigrant of the same sex can now sponsor their spouse for permanent residence in the United States. The Law Offices of Andrew Wood applauds PA’s recognition of marriage equality, which will afford same-sex couples married in Pennsylvania greater smoothness in the immigration process.

DHS Proposes H-4 Employment Authorization

The Department of Homeland Security (DHS) has published a proposed rule available for public comments that would allow certain eligible H-4 dependent spouses to apply for employment authorization. An H-4 visa is for the spouses and children under 21 years of age of H-1B visa holders, who are employed in the United States in specialty occupations. DHS touts this possible regulatory change as an important way to alleviate the economic burdens that dependent spouses of principle H-1B holders face. Another important benefit could be easing the transition from nonimmigrant to lawful permanent resident status. The possibility of employment authorization would be limited to H-4 visa dependent spouses where the principal H-1B spouse is the beneficiary of an approved I-140 EB visa petition and where the H-1B spouse has been granted a post-6th year H-1B extension under the American Competitiveness in the 21st Century Act.

 

DHS announced this proposed rule as a possibility over a year ago. The ostensible reason for authorizing H-4 dependents for employment is to increase retention of highly skilled H-1B workers in the United States. One of the pressing problems, which is mentioned frequently in the public comments section, is that the wait for long-term permanent residence is lengthy. This may also have the effect of encouraging the entry of H-4 eligible spouses who were separated from their H-1B spouses in order to continue their own careers in the United States. The public comments contain many personal stories of immigrants and their spouses facing problems that this proposed rule would help solve, such as talented spouses who were excelling in their careers in their home country being precluded from practicing their professions in the United States. Opposition to the proposed rule focuses on concern that U.S. citizens will be laid off in favor of cheaper labor. Immigrants have expressed concerns their fear that H-4 holders will end up working in low-skilled position in restaurants and gas stations, rather than pursuing their career paths.

 

The public comment was made available on May 12 and comment period will end on July 11. If you would like to add your own comment, you may here.