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Update on Employment Authorization for Certain E and L Nonimmigrant Spouses

As of January 30, 2022, USCIS and Customs and Border Protection (CBP) began issuing Form I-94, Arrival-Departure records, with new classes of admission (COA) codes for certain E and L nonimmigrant dependent spouses who are employment authorized based on their status. The COA designations for E nonimmigrant spouses are E-1S, E-2S, E-3S, and L-2S for nonimmigrant L spouses. Forms I-94 containing these code designations are acceptable as a List C, #7 employment authorization document issued by the Department of Homeland Security.

UPDATE: USCIS mailed notices in early April 2022, to E and L spouses (age 21 or over) who have an unexpired Form I-94 that USCIS issued before Jan. 30, 2022. This notice, along with an unexpired Form I-94 reflecting E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status, will satisfy Form I-9, List C, #7.

Employees who are an E or L spouse, employment authorized based on their status and under 21, or did not receive the notice by April 30 can email [emailprotected] to request a notice. Individuals who received their Form I-94 at the time of their entry into the United States should visit https://i94.cbp.dhs.gov/I94/#/home. Not all spouses of principal E nonimmigrants are considered employment authorized incident to status.

Source: USCIS, May 10, 2022: UPDATE: Documentation of Employment Authorization for Certain E and L Nonimmigrant Dependent Spouses | USCIS

House Bill Prompts Fight Over STEM Green Card Caps

A proposal to exempt science, technology, engineering and math graduates from green card caps is proving to be a sticking point for lawmakers negotiating a bill to boost U.S. competitiveness against China, with critics arguing the proposal doesnt fit the purpose of the legislation.

Proponents say eliminating green card caps for STEM graduates with a doctorate or equivalent degree would give the U.S. a leg up in economic competition with China by helping the U.S. science and technology industry attract and retain top talent.

But several lawmakers expressed skepticism about the connection between those issues on Thursday at the first meeting of a bipartisan committee made up of members of both houses tasked with hashing out differences between the two chambers competition bills.

The STEM green card proposal faces a rocky road ahead in part because it was included only in the House version of the legislation, passed by Democrats in February in a party-line vote.

The overwhelming majority of speakers at Thursdays conference highlighted the importance of keeping the U.S. technology industry ahead of Chinas to ensure the U.S. maintains an economic and military edge over its chief global rival, and backers of the green card provisions hope national security arguments will resonate on both sides of the political aisle.

Even if the green card provisions dont make it into the final competition bill, lawmakers on Capitol Hill are engaged in separate negotiations seeking to come up with a bipartisan immigration reform package that could provide a vehicle for the proposal.

But previous attempts at finding bipartisan consensus on a broad immigration bill have repeatedly run aground, raising skepticism about whether anything will ultimately come of those talks.

Source: Mike LaSusa, Law360.com, May 13, 2022: https://www.law360.com/immigration/articles/1492838/competition-bill-sparks-fight-over-stem-green-card-caps

Read more here:
US Immigration Updates-Week of May 16, 2022 - Lexology

Those who support maintaining Title 42 point to an overtaxed immigration system on the brink, one that would have been pushed beyond its limits with the repeal of this Trump-era policy.

The Biden administration had sought to end Title 42 on Monday, but the repeal, as expected, was blocked late Friday by District Judge Robert R. Summerhays.

Like many, we had concerns about the Biden administrations preparedness to handle any influx of migrants, estimated to grow to as many as 18,000 a day, had Title 42 been repealed.

But we dont support Title 42, which is neither a policy solution nor an effective deterrent. It is a public health law, not an immigration law, that has been used to deny people their legal right to claim asylum, spurred dangerous and deadly crossings, and also prompted repeat crossings.

The very existence of Title 42 which we view as a legal shortcut shows the dire need for comprehensive immigration reform. This lack of reform, coupled with a bitter political environment, is why our Editorial Board will be further exploring border and immigration issues throughout the summer and fall, seeking to cut through the political rhetoric to advance meaningful policy solutions.

Agree or disagree?

We would love to hear your perspective about Title 42 and immigration. Please email us at letters@express-news.net.

We, too, want a safe, secure southern border. We want an immigration system that has penalties for illegal entry, supports border communities, honors asylum claims and efficiently processes people.

As for Title 42, we see a misapplied public health law that has become a political lightning rod.

Title 42 dates back to 1944 with the aim of preventing the spread of communicable diseases. Its antecedent is an 1893 law designed to prevent the spread of cholera.

The Centers for Disease Control and Prevention invoked Title 42 on March 20, 2020, as the COVID-19 pandemic took hold in the United States.

But, really, I think the Trump administration saw it as far less of a public health measure and far more of a way to block unwanted migration, Mark P. Jones, a political science professor at Rice University and the Joseph D. Jamail Chair in Latin American Studies, told us.

Title 42 has resulted in nearly 2 million expulsions. But as Aaron Reichlin-Melnick, senior policy counsel with the American Immigration Council, testified to Congress on April 6, Title 42 itself has been a major contributor to increased border crossings because it caused a significant increase in repeat border crossings.

In a subsequent interview, Reichlin-Melnick told us, Because its not an immigration law, a Title 42 expulsion carries no immigration consequences.

He continued: The most likely outcome of an expulsion under Title 42 is simply going to be a bus ride back to Mexico, if you are caught. And that incentivized a lot of people to start crossing the border repeatedly, rolling the die every time.

To repeal Title 42, he said, would have spurred an initial influx of migrants. But in the longer term, he said, numbers would likely stabilize and decrease with a return to traditional immigration law.

And here is another point to consider: Title 42 has created much of this pressure.

Certainly, there would be a lot of people, but that situation is the result of more than two years of violating international law by not processing asylum-seekers, said Erica B. Schommer, a clinical professor at St. Marys School of Law.

Initially, a repeal would be messy, she said, but it is a mess that we made.

To solely focus on numbers ignores humanitarian concerns. Title 42, coupled with Remain in Mexico, has forced asylum-seekers to either wait in Mexico, at great risk, or attempt potentially deadly crossings.

Title 42 has actually pushed people into making that perilous journey through either the desert or across the Rio Grande, Maurice Goldman, an Arizona-based immigration attorney and past president of the Arizona chapter of the American Immigration Lawyers Association, told us.

Yes, federal officials and border communities are stressed to the max. There were more than 177,000 U.S. Customs and Border Protection encounters in the Yuma, Ariz., sector through April of this fiscal year, a 401 percent increase over the prior year, and there were more than 236,000 encounters in the Del Rio sector through April of this fiscal year, an increase of 161 percent.

But Title 42 has so many exceptions, it is more of a symbolic provision at this point, Goldman said. Its giving people this sense of security that probably isnt even there.

As Sister Norma Pimentel, executive director of Catholic Charities of the Rio Grande Valley, told us during a visit to the Humanitarian Respite Center in McAllen on Monday: I think that the United States, it needs to have control of who enters the country but, at the same time, must have a pathway to enter the country legally, safely, orderly, and that is through the ports of entry, through the bridge. And right now, that is happening through exceptions to Title 42.

Title 42 is neither grounded in immigration law nor is it mitigating COVID or alleviating illegal immigration. It reflects our failure to address root causes of immigration, bolster border communities and prioritize modern-day security. It is the product of a broken system, not a solution.

The rest is here:
Editorial: True reform, not Title 42, the solution - San Antonio Express-News

Title 42 will remain in effect for the time being. Congressional District 2 representative Yvette Herrell says it's been vital towards keeping Americans safe. Herrell said, "The communities need it, the Border Patrol needs it. I mean, this is a great first step. This week is huge for our communities and law enforcement. It allows the Border Patrol to do a quick process on the border for those coming here illegally." Her democrat counterparts disagree. In November, Gabe Vasquez is one of two Democrats looking to run for Herrell's seat in Congress.Vasquez said, "Title 42 was a short-term solution to a health crisis, and it was never meant as a long-term solution to immigration or border control. We do have very extreme members of the Republican Party like representative Yvette Herrell, who ideologically refused to sit at the table with Democrats to find the solutions to some of the most complicated issues in our country, like immigration." We also spoke with Dr. Darshan Patel, the other democrat candidate in that race.Patel said title 42 is not a solution to our country's border problems. He also believes upholding title 42 was not the right decision and that democrats and republicans need to find a solution together. "We're using Title 42 as a wedge to separate our communities rather than bringing us together because immigration reform is a bipartisan issue. If the Republicans and Yvette Herrell are serious about addressing our border issues, they would come to the table with Democrats and pursue bipartisan comprehensive immigration reform," Patel said.Herrell believes Title 42 is vital for restoring our economy and that it should stay in place for as long as possible.

Title 42 will remain in effect for the time being. Congressional District 2 representative Yvette Herrell says it's been vital towards keeping Americans safe.

Herrell said, "The communities need it, the Border Patrol needs it. I mean, this is a great first step. This week is huge for our communities and law enforcement. It allows the Border Patrol to do a quick process on the border for those coming here illegally."

Her democrat counterparts disagree. In November, Gabe Vasquez is one of two Democrats looking to run for Herrell's seat in Congress.

Vasquez said, "Title 42 was a short-term solution to a health crisis, and it was never meant as a long-term solution to immigration or border control. We do have very extreme members of the Republican Party like representative Yvette Herrell, who ideologically refused to sit at the table with Democrats to find the solutions to some of the most complicated issues in our country, like immigration."

We also spoke with Dr. Darshan Patel, the other democrat candidate in that race.

Patel said title 42 is not a solution to our country's border problems. He also believes upholding title 42 was not the right decision and that democrats and republicans need to find a solution together.

"We're using Title 42 as a wedge to separate our communities rather than bringing us together because immigration reform is a bipartisan issue. If the Republicans and Yvette Herrell are serious about addressing our border issues, they would come to the table with Democrats and pursue bipartisan comprehensive immigration reform," Patel said.

Herrell believes Title 42 is vital for restoring our economy and that it should stay in place for as long as possible.

Read more:
Congressional District 2 representative and hopefuls react to the upholding of Title 42 - KOAT New Mexico

Managers of two well-known St. Johns Co. restaurants accused of harboring undocumented immigrants

ST JOHNS COUNTY The managers at Tanks Sushi Bistro in World Golf Village and Nocatee are accused of hiring and harboring undocumented immigrants.

Yanshen Huang and Ge Tang, both born in China but naturalized in the U.S. in 2011, face federal charges. According to court documents, they harbored immigrants since December of 2020.

Federal agents raided a home on Pine Creek Drive in World Golf Village last week belonging to the suspects.

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Records show a three-bedroom trailer had an additional six makeshift bedrooms. Agents said they witnessed a van picking up undocumented immigrants and dropping them off to work at Tanks.

A neighbor on Pine Creek Drive said she would see the van pickup the residents, and they would duck below the windows while making the drive to work. They would also sometimes walk or bike.

One of the individuals questioned by agents said he worked from 10 a.m. to 10 p.m. six days a week and made $3500 a month. Thats approximately $12 an hour.

The suspects are also accused of harboring aliens in another home in the Beachwalk development. Records show there were several makeshift bedrooms there as well, including one bed placed in a utility closet.

Agents said they witnessed a van picking immigrants up there as well.

Tanks is located in both World Golf Village and Nocatee. Action News Jaxs Robert Grant visited the location on Tuscan Way. An employee there said she has not seen the managers around and was unaware of the federal charges.

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Rebecca Black, an immigration attorney in Jacksonville, said its more common than expected.

You have a lot of companies desperate for quality help and they cant get it, she said and added that its a problem because of the lack of immigration reform. Theyre not documented because they cant get a visa to be here and they cant get a visa to do what they want to do which is work.

Documents show some of the aliens were here illegally from Guatemala and crossed the Mexico border in Texas about seven years ago.

2022 Cox Media Group

See original here:
Managers of well-known Nocatee restaurant accused of harboring undocumented immigrants - ActionNewsJax.com

In 2006, Elvira Arellano sought refuge in a Chicago church to avoid being deported and separated from her U.S.-born son Sal. Her story made national headlines and even made her Time magazines 2006 Person of the Year.

Arellano was deported in 2007 but returned to the U.S. after applying for asylum in 2014. In 2017, a U.S. immigration court granted her a stay of removal.

Today, she continues her work in defense of human rights as the founder of La Familia Latina Unida, a Chicago-based illegal immigration advocacy organization. She stood before hundreds of people and organizations in support of immigrant rights at Chicagos 2022 May Day March from Union Park to the Haymarket Memorial.

May Day is a day to commemorate the martyrs of Chicago and all those who have fought before us, Arellano said. Today we are here to rebuild our fight, not only to improve our wages and benefits, but also to continue fighting and get out of the shadows.

Between inflation and Covid-19, Americans have faced an uphill battle to earn a living and access child care. These economic difficulties are intensified for an often overlooked segment of the workforce: undocumented immigrants.

Undocumented workers make up about four percent of the essential U.S. workforce and 17 percent of the nations overall workforce, and hold a variety of low-paying and high-paying jobs, according to FWD.us. Following the onset of the pandemic, millions became susceptible to unemployment and Covid-19 infection.

Our immigrant families were the front-line workers who kept this economy going, Sal Arellano said. Many of them lost their lives. They did everything for this country. Today is the reason why we stand with them and are ready to fight for their rights.

Last September, the workers of the El Milagro tortilla factory, one of the most popular manufacturers of tortillas across the nation, began their demonstration for safer working conditions, better wages and hours and Sundays off. They joined with the pro-immigrant and labor organization, Arise Chicago, to help defend their rights and achieve their wishes.

Prior to being endorsed by Arise Chicago, factory employees reportedly faced threats to their immigration status for participating in the demonstration, according to the Chicago Sun-Times.

Generally speaking, no matter what kind of job they are in, workers have the right to organize and/or unionize, regardless of your documentation status, said Jessica Cook-Qurayshi, director of the Center for Labor Education at DePaul University.

In April, workers at El Milagro and Arise Chicago announced several victories, but say they are still pushing for more changes, including having Sundays off.

Workers are no longer required to work seven days in a row and have seen improvements in the workplace, such as anti-sexual harassment training for managers and air conditioning in dining rooms, according to Block Club Chicago. They have also seen salary increases totaling more than $1 million.

La DePaulia asked Jorge Mujica, an organizer with Arise Chicago, why it is important for El Milagro workers to have Sundays off.

Family, Mujica said. It is traditional in Catholic families to go to mass together and then go out to eat. So it means a lot. If you are not with your children on Sundays, when are you with your children?

El Milagro is using a really stupid excuse.They say that everyone has to work on Sundays because the public wants fresh tortillas. That is ridiculous. When do you go to the supermarket and check the date on your tortillas? You buy six packages and you freeze two, you use the rest and they last you three, four, five days. Makes no sense.

The achievements of the El Milagro workers have inspired other workers in the city to contact and be supported by Arise Chicago.

We are all essential workers and therefore we must fight to be included, Arellano said. We are going on a labor strike for immigration reform. We dont know if were leaving, we dont know if were staying, but for now, were fighting. Migrants are not criminals, we are international workers.

See the original post here:
'And what about us?' : Migrants from Chicago continue to fight for immigration reform and labor rights - The Depaulia