The U.S. Department of Homeland Security (DHS) issued a proposed rule, on December 30, 2015, entitled "Retention of EB1, EB2, and EB3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers." Included in the proposed rule is the long-awaited provision for the ability to obtain an employment authorization document (EAD) based on an approved form I-140, employer petition. Unfortunately, eligibility for this immigration benefit under the proposal is highly restrictive and therefore will aid a far narrower group of foreign national workers than had been hoped.
Background on I-140 EAD Rule
The proposed rule includes a discussion that acknowledges the problems created by the lack of employment flexibility in the current immigration system. Accordingly, the I-140 EAD rule would apply to qualifying beneficiaries of approved I-140 petitions who hold valid E-3, H1B, H1B1, O-1, or L-1 status. However, as explained below, the qualification requirements for the I-140 EAD under the proposal, as drafted, would do little, if anything, to help the vast majority of highly skilled immigrant workers. The DHS regards the I-140 EAD option as a "stop-gap measure for retaining employment authorization for a limited period."
"Compelling Circumstances" Requirement
One factor that will severely reduce eligibility for the I-140 EAD is that, to qualify, the applicant must demonstrate the existence of "compelling circumstances that justify an independent grant of
This bill directs the Department of Homeland Security (DHS) to cancel removal and grant lawful permanent resident status on a conditional basis to an alien who is inadmissible or deportable or is in temporary protected status who: (1) has been continuously physically present in the United States for four years preceding this bill's enactment; (2) was younger than 18 years of age on the initial date of U.S. entry; (3) is not inadmissible on criminal, security, terrorism, or other grounds; (4) has not
Imagine that you are a senior in high school. You are nervous and excited to start the process of getting a job and attending college. You obtain a couple of job applications and a Free Application for Federal Student Aid (FAFSA) to fill out. Naturally, as you fill out these forms you ask your parents for your social security number, however, this is the moment you find out that you are undocumented. Shocked and in disbelief, you can’t help to see all your hopes and dreams go down the drain. Nevertheless, like many other undocumented students, you discover there is still hope for your situation. For instance, your research leads you to former President Barack Obama’s Deferred Action for Childhood Arrivals (DACA) program, which protects minors who were brought to this country illegally as children. Created through executive action in June of 2012, DACA gives young undocumented immigrants: protection from deportation and a work permit. Subsequently, on September 5th, 2017, the Trump administration rescinds the DACA policy, and approximately 800,000 young immigrants will become eligible for deportation at the end of six months. Therefore, the only way to update our immigration system is for Congress to pass immigration reform, which offers a pathway to citizenship, plus, acknowledge that the 14th Amendment applies to homosexual conduct and illegal aliens.
Just as our parents and grandparents remember where they were and what they were doing when President John F. Kennedy was shot, so will it be with this generation when asked the same questions pertaining to September 11, 2001. This horrific event will be a scar on the body of our wonderful nation until the end of time. Parents lost children, children lost parents, spouses lost their heartmates – so much anguish and emotional devastation demands that something be done to prevent tragedy like this from occurring in the future. This is why President George W. Bush created the Office of Homeland Security.
between 1965 and 2000 that have allowed the back and forth tossing of undocumented immigrants. The U.S. implements these laws based on their economic needs and not the needs of the people. The U.S. is well known for deporting immigrants when not needed and re-allowing them into the United States when facing an economical decline. In 1965 Congress passed The Immigration and Nationality Act that abolished national-origin quotas and set family reunification and needed skills as the main criteria for entry into the United States. Before the act was passed, under the old system admission depended on the national origins quota. However, under the new system previous criteria was eliminated and admissions was based on the abilities and skills immigrants could offer for the bettering of the United States. The unemployment rates are high in Latino immigrant communities because these laws are enforced to prohibit them from obtaining a job and immigrants terminated. Lawmakers also intended to make it more difficult for undocumented immigrants with the passage of the Immigration Reform and Control Act of 1986. For example IRCA required employers to request documents authorizing immigrants to work in the United States. In the book Waiting On Washington: Central American Workers in the Nation 's Capital, Terry Repak demonstrates IRCA being enforced especially amongst Latino immigrants. For example, INS agents raided
If labor certification is approved, your employer then applies for a green card classification on your behalf by filing Form I-140, Immigrant Petition, with a Regional
The idea of securing the nation’s borders and securing the safety of the citizens has been a major topic since the beginning of the nation’s existence. There have always been means and procedures for it but it was never defined to the point it is today. The Homeland Security Department is a fairly new program which is constantly improving and adjusting in accordance to the threats that may arise. In the attempt to secure the United States, homeland security has become paramount and a lot of emphasis is being provided so as to ensure the safety of the borders and the citizens of the United States. So one must ponder what the difference between homeland security and homeland defense are since they both tend to mean the same
On the other hand, Korman stated that the annual limit for low-skill work visa is only a few thousands compared to the United States Bureau of Labor Statistic’s finding that the country is also expecting millions of low-skill job vacancies in the coming decade. He claims illegal immigration is on the rise in the United States lately because such small number of visas for low-skill labor results an illegal market to offset the high demand (60). For a more efficient economy and stronger immigration system, America is required to discourage illegal immigration and encourage legal procedures by implementing proper policies and regulations towards alien labor force. An apparent need here is to increase the limits set for issuing both high-skill and low-skill visas as a foremost measure to boost its legal immigration. As a result, the illegal workforce can also diminish and the economy will improve.
The policy was created in order to tackle the numerous numbers of illegal immigrants working in the United States. The policy also presented as a chance at amnesty and employment restrictions (Nichols 1987). The policy was expected to give all legalized aliens a form of Federal assistances for at least five years. The federal assistance would help them out as it related to survival while they went through the necessary screening to obtain citizenship. After being granted temporary residency for a year they had to file for full citizenship on the ninetieth month or they would export back to their country ("Social Security"). In order to grant full citizenship, they had to provide proof of a clean criminal background and be registered with
The Responsible Unemployment Compensation Extension Act of 2014 is a bill that is currently pending in Congress. The initial bill, the Unemployment Compensation Extension Act (S.3688) was introduced in the Senate on November 17, 2008, in which an amended version of the bill materialized on March 6, 2014 under the name, Responsible Unemployment Compensation Extension Act of 2014 or S.2097. The Act or law of 2008 would amend the Emergency Unemployment Compensation (EUC) program established under the Supplemental Appropriations Act (SAA) of 2008, which “provided several additional weeks of extended benefits for those who have exhausted their unemployment insurance benefits” (Whittaker, 2008).
In this research paper, I am going to discuss the plan that the Department of Homeland Security has set forth for the years of 2012-2016. This plan outlines the entire vision of the department to essentially accomplish their missions and goals. The plan consists of missions varying from border security to cyber security. We must not forget the men and women on the front line working hard to ultimately secure and provide safety for the United States of America.
The Homeland Security Act of 2002 impacted the American people without many of them realizing it. The act called for increased monitoring of computer networks, phone lines, and online history inside the United States and allowed the government to deport suspects (ACLU). What was created by the act has snaked its way into all aspects of our lives, creating a sense of order and restricting some freedom. However, some say that this imposition into our daily lives limits our freedoms and actions allowed us by the Constitution. Many interest groups voice strong resentment for the act while others try to demonstrate the strengths and triumphs of the Homeland Security Act. This paper will show the differing viewpoints of those that feel that the
be issued a temporary worker card that will allow them to travel back and forth
The EB-2 Immigrant Visa is for professionals with advanced degrees and persons with exceptional ability in the fields of science, art, or business and usually requires a job offer and labor certification issued by the Department of Labor. One may waive the job offer requirement, including the labor certification, if it is in the “national interest.” There is no set definition for “national interest” by the United States Citizenship and Immigration Services (USCIS), but it relies on a 1998 Administrative Appeals Office precedent, Matter of New York State Department of Transportation, 22 I&N Dec. 21 (Comm’r 1998), that established a three-prong test. The three requirements are outlined
Since the attacks on September 11th, 2001, intelligence activities has been one of the most controversial issues facing this country with one of the most controversial being the Department of Homeland Security (DHS). Created in November of 2002 and concepted just two weeks after the attacks, the DHS focuses in five goals; prevent terrorism and enhance security, secure and manage the borders, enforce and administer immigration laws, safeguard and secure cyberspace,
The purpose of this paper is to define and give as much detail information about Homeland Security in the United States and law enforcement and how they are integrated. I hope after reading this paper you will be well informed on the duties and responsibilities of these agencies. People have always lived in fear but with the help of these agencies we will no longer have to live in fear. I will try to give as much detail information as possible to help with any problems or situation that might come up. Homeland Security in the United States and law enforcement have extensive research skills and knowledge in serving and protecting citizens and other important groups and agencies. Homeland