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DOL Agrees to Reopen BEC Cases

The LAC's credible threat to sue the U.S. Department of Labor has caused the DOL to agree to reopen Backlog Elimination Center (BEC) cases erroneously closed for alleged failure to respond to a 45-day letter. 30- DAY DEADLINE FOR RESPONDING!

Under AILF's Threat to Sue, DOL Agrees to Reopen BEC Cases

30- DAY DEADLINE FOR RESPONDING!**

AILF's credible threat to sue the U.S. Department of Labor has caused the DOL to agree to reopen Backlog Elimination Center (BEC) cases erroneously closed for alleged failure to respond to a 45-day letter. This agreement includes cases where the employer or attorney never received the 45-day letter and also where they received the 45-day letter and timely responded, but the case was nonetheless closed.

Background:

In March 2005, DOL adopted a new system for filing applications for labor certifications, known as the Program Electronic Review Management (PERM). The new system only applies to applications filed on or after March 28, 2005. When it adopted this new system, DOL already had pending before it over 300,000 labor certification applications that had been filed under the old system but had not yet been decided. This backlog of pre-PERM cases is not being handled under the new PERM system.

DOL set up two BECs to handle all of the backlogged cases - one in Dallas and one in Philadelphia. Throughout 2005, DOL shipped the 300,000 plus backlogged cases from around the entire country to these two BECs.

The BECs began sending a "45-day" letter to the employer/attorney in every one of the backlogged cases. These letters request that the employer/attorney check a box on an enclosed form if they want to proceed with the case. If the employer/attorney fails to respond to the letter within 45 days, BEC closes the case.

There were serious problems with the BECs' management of the 45-day letter process. The two primary problems were:Read more...

Mandatory E-Verify opponents say it must be part of comprehensive immigration reform

Published on Mon, Jul 11, 2011

Mandatory E-Verify opponents do not propose eliminating an employee verification program, but say businesses need one that works well for employers — especially small companies — and workers.

Analysts and business organizations have argued that E-Verify alone would hurt Florida and the U.S. economy, but those same organizations say that a program that allows employers to verify a workers immigration status must be part of federal immigration reform.

The Immigration Policy Center compares the “Legal Workforce Act of 2011″ of Rep. Lamar Smith’s R-Texas, which would make the E-Verify system mandatory for all employers within three years, and Sen. Robert Menendez’s “Comprehensive Immigration Reform Act of 2011,” which also includes mandatory E-Verify. The bill filed by Menendez includes a program to require immigrants who were undocumented as of June 1 to register with the government, learn English and pay fines and taxes on their way to becoming Americans.

The Policy Center explains that:

Like all comprehensive immigration reform (CIR) bills since 2005, the Menendez bill allows for a mandatory E-Verify system only in context to other elements of comprehensive immigration reform, like a generous legalization program, reforms to family- and employment-based systems, border and interior enforcement and integration programs. Under Menendez’s bill, current unauthorized workers would have a chance to legalize their status, and future workers could come through newly created legal channels.

The Policy Center adds that, although some groups will continue to oppose mandatory E-Verify even as part of comprehensive immigration reform, “others have realized that if E-Verify isn’t going anyway, it had better work well and provide strong protections for workers.”Read more...

Published in the Florida Independent

Court Holds Noncitizens Granted Voluntary Departure may Seek Reopening

Dada v. Mukasey, 554 U.S. 1 (2008)

A divided Supreme Court held that voluntary departure recipients must be permitted to unilaterally withdraw a voluntary departure request before the expiration of the voluntary departure period in order “to safeguard the right to pursue a motion to reopen.” The Court, however, rejected the argument that the voluntary departure period automatically tolls when a motion to reopen is filed. Read more...

Jonathan Wong Angles in America

February, 2009

The Exchange Visitor Program is pleased to announce Jonathan Wong as February's Exchange Visitor of the Month. Each month, we select an exchange visitor who has made an effort to get involved in his/her community and explore American Culture. Read more...

The Uncertain Future of Pennsylvania's Dream Act Legislation

Published on Wed, Sep 14, 2011

On June 20, 2011, Pennsylvania State Rep. Tony Payton Jr. (D-Philadelphia) introduced the Pennsylvania Dream Act, HB 1695, which mirrors the failed national-level bill that would have granted undocumented youth in-tuition rates at public universities. If the bill is passed, Pennsylvania would become the 12th state, following the recent Illinois passage, to sign such legislation.

Presently, in Pennsylvania, in-state tuition costs for the 2011-2012 school year are $6,240, while out-of state tuition ranges from $9,360 to $15,600, according to the Pennsylvania State System of Higher Education. Undocumented students are not eligible for these in-state tuition rates, even though many of them have been residing in the state of Pennsylvania for significant periods of time.

The Pennsylvania legislation, like other state-level bills, builds a series of strict residency guidelines that undocumented students who request in-state tuition rates must demonstrate.

These guidelines, published by Dream Activist Pennsylvania, the main pro-immigration organization in Pennsylvania sponsoring the bill, include the requirement that students must have attended a public or nonpublic secondary school in the Commonwealth for at least three years. They must also have graduated from a public or nonpublic secondary school in the Commonwealth. And, in an often overlooked provision, students or their parents must have filed Pennsylvania income taxes annually for three years while attending school to qualify.

It's important to note that while the bill mirrors national-level legislation, states do not have the power to afford citizenship; only the federal government has that legal authority. Due to this fact, the Dream Act grants undocumented youth only the ability to attend college at in-state tuition rates, meaning that legally securing a job after receiving a degree is not possible.Read more...

Published in the Truth Out

2010 American Heritage Awards

2010 American Heritage Awards to Honor Outstanding Immigrant Women

 Gaylord National Hotel & Convention Center

National Harbor, MD

Friday, July 2, 2010

Read More...

A Conversation with Helle Goller

August, 2012
Helle Goller Munksgard Nielsen EVOM August 2012

We spoke with Helle Goller Munksgard Nielsen, our Exchange Visitor of the Month for August 2012, about her training at LEGO Education in Pittsburg, Pennsylvania. Read the full interview. Read more...

American Heritage Dictionary Revises "Anchor Baby" Definition; Clarifies Offensive, Derogatory Nature

Published on Mon, Dec 05, 2011

Steven Kleinedler, executive director of the American Heritage Dictionary, took note when Immigration Policy Center criticized its definition of "anchor baby."

 Kleinedler says American heritage will tweak the definition of the phrase for the third printing of the dictionary's Fifth Edition by noting that it is an offensive and derogatory term. He acknowledges that it "should have been done in the first place."

 He wrote on New Times' initial blog post the other day that he'd been in contact with the executive director of the Immigration Policy Center "to discuss her very valid points" and that "a revision to the definition is in order, and the editorial staff and I are working on this."

"When I first read the blog post at Immigration Impact, I knew immediately that a revision would be order," Kleinedler says. "I didn't need anyone to convince me. It was an obvious error that needed to be rectified, and so that is what we did."

 The revised definition:

n. Offensive Used as a disparaging term for a child born to a noncitizen mother in a country that grants automatic citizenship to children born on its soil, especially when the child's birthplace is thought to have been chosen in order to improve the mother's or other relatives' chances of securing eventual citizenship.

 The original definition:

n. A child born to a noncitizen mother in a country that grants automatic citizenship to children born on its soil, especially such a child born to parents seeking to secure eventual citizenship for themselves and often other members of their family.

 Immigration Policy Center director Mary Giovagnoli first blogged at immigrationimpact.com criticizing the definition of "anchor baby."Read more...

Published in the Phoenix New Times

International Exchange Center Staff

Ms. Moksheda Thapa, Program Specialist
[email protected]

Moksheda Thapa joined the American Immigration Council in October 2012 as a Program Specialist. Ms. Thapa was a J-1 visa recipient under the Partnership for Learning Undergraduate Studies (PLUS) program from 2005-2007. After completing her two years residency requirement in her home country, Nepal, she returned to the US in 2009. Ms. Thapa holds a Master of Public Service degree from the University Of Arkansas Clinton School of Public Service.

Mr. Jai Misra, Program Specialist
[email protected]

Jai Misra joined the American Immigration Council in April 2012 and works with the International Exchange Center's J-1 visa sponsorship program. Mr. Misra graduated from Gettysburg College with a degree in Globalization Studies, and he spent a year at the American University in Cairo (AUC) where he helped design cultural exchange programs for study abroad students at AUC's International Student Services Office.

Ms. Lois C. Magee, Director, International Exchange Center
[email protected]

Lois C. Magee was named Director of the American Immigration Council's International Exchange Center in January 2006. Ms. Magee has been affiliated with a number of citizen exchange organizations including the International Christian Youth Exchange, AFS Intercultural Programs, and the YMCA International Branch. She has worked with and written on J-1 visa programs for over twenty years. Ms. Magee holds a Master's degree in International Administration from the School for International Training in Brattleboro, VT.