vallabhu
01-14 12:22 PM
The source is Immigration-law.com
This bill was introduced by Rep. Shela Jackson-Lee of Texas. Here is the full-text of the bill. It is a shocker, highly prejudiced against the employment-based immigration. Another shocker is a proposal to increaase Diversity Visa from 55,000 to 110,000 when the general opinion in the Congress was even to eliminate the DV program.
SEC. 701. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
Section 274B (8 U.S.C. 1324b) is amended--
(1) in subsection (a)(5)--
(A) by amending the paragraph heading to read `Prohibition of Intimidation, Retaliation, or Unlawful Discrimination in Employment';
(B) by moving the text down and to the right 2 ems;
(C) by inserting before such text the following: `(A) IN GENERAL- '; and
(D) by adding at the end the following:
`(B) FEDERAL LABOR OR EMPLOYMENT LAWS- It is an unfair employment practice for any employer to directly or indirectly threaten any individual with removal or any other adverse consequences pertaining to that individual's immigration status or employment benefits for the purpose of intimidating, pressuring, or coercing any such individual not to exercise any right protected by State or Federal labor or employment law (including section 7 of the National Labor Relations Act (29 U.S.C. 157)), or for the purpose of retaliating against any such individual for having exercised or having stated an intention to exercise any such right.
`(C) DISCRIMINATION BASED ON IMMIGRATION STATUS- It is an unfair employment practice for any employer, except to the extent specifically authorized or required by law, to discriminate in any term or condition of employment against any individual employed by such employer on the basis of such individual's immigration status.'; and
(2) in subsection (c)(2), by adding at the end the following: `The Special Counsel shall not disclose to the Secretary of Homeland Security or any other government agency or employee, and shall not cause to be published in a manner that discloses to the Secretary of Homeland Security or any other government agency or employee, any information obtained by the Special Counsel in any manner concerning the immigration status of any individual who has filed a charge under this section, or the identity of any individual or entity that is a party or witness to a proceedings brought pursuant to such charge. The Secretary of Homeland Security may not rely, in whole or in part, in any enforcement action or removal proceeding, upon any information obtained as a result of the filing or prosecution of an unfair immigration-related employment practice charge. For purposes of this paragraph, the term `Special Counsel' includes individuals formerly appointed to the position of Special Counsel and any current or former employee of the office of the Special Counsel. Whoever knowingly uses, publishes, or permits information to be used in violation of this paragraph shall be fined not more than $10,000.'.
SEC. 702. DEPARTMENT OF LABOR TASK FORCE.
The Secretary of Labor, in consultation with the Attorney General and the Secretary of Homeland Security, shall conduct a national study of American workplaces to determine the causes, extent, circumstances, and consequences, of exploitation of undocumented alien workers by their employers. As part of this study, the Secretary of Labor shall create a plan for targeted review of Federal labor law enforcement in industries with a substantial immigrant workforce, for the purpose of identifying, monitoring, and deterring frequent or egregious violators of wage and hour, antidiscrimination, National Labor Relations Act, and workplace safety and health requirements. Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report describing the results of the study and the Secretary's recommendations based on the study.
SEC. 703. RECRUITMENT OF AMERICAN WORKERS.
Section 214 is amended--
(1) by redesignating subsections (m) (as added by section 105 of Public Law 106-313), (n) (as added by section 107(e) of Public Law 106-386), (o) (as added by section 1513(c) of Public Law 106-386), (o) (as added by section 1102(b) of the Legal Immigration Family Equity Act), and (p) (as added by section 1503(b) of the Legal Immigration Family Equity Act) as subsections (n), (o), (p), (q), and (r), respectively; and
(2) by adding at the end the following:
`(s)(1) No petition to accord employment status under the nonimmigrant classifications described in sections 101(a)(15)(E)(iii) and (H) shall be granted in the absence of an affidavit from the petitioner describing the efforts that were made to recruit an alien lawfully admitted for permanent residence or a citizen of the United States before resorting to a petition to obtain a foreign employee. The recruitment efforts must have included substantial attempts to find employees in minority communities. Recruitment efforts in minority communities should include at least one of the following, if appropriate for the employment being advertised:
`(A) Advertise the availability of the job opportunity for which the employer is seeking a worker in local newspapers in the labor market that is likely to be patronized by a potential worker for at least 5 consecutive days.
`(B) Undertake efforts to advertise the availability of the job opportunity for which the employer is seeking a worker through advertisements in public transportation systems.
`(C) To the extent permitted by local laws and regulations, engage in recruitment activities in secondary schools, recreation centers, community centers, and other places throughout the communities within 50 miles of the job site that serve minorities.
`(2)(A) The Secretary of Homeland Security shall impose a 10 percent surcharge on all fees collected for petitions to accord employment status and shall use these funds to establish an employment training program which will include unemployed workers in the United States who need to be trained or retrained. The purpose of this program shall be to increase the number of lawful permanent residents and citizens of the United States who are available for employment in the occupations that are the subjects of such petitions. At least 50 percent of the funds generated by this provision must be used to train American workers in rural and inner-city areas.
`(B) The Secretary of Homeland Security shall reserve and make available to the Secretary of Labor a portion of the funds collected under this paragraph. Such funds shall be used by the Secretary of Labor to establish an `Office to Preserve American Jobs' within the Department of Labor. The purpose of this office shall be to establish policies intended to ensure that employers in the United States will hire available workers in the United States before resorting to foreign labor, giving substantial emphasis to hiring minority workers in the United States.'.
This bill was introduced by Rep. Shela Jackson-Lee of Texas. Here is the full-text of the bill. It is a shocker, highly prejudiced against the employment-based immigration. Another shocker is a proposal to increaase Diversity Visa from 55,000 to 110,000 when the general opinion in the Congress was even to eliminate the DV program.
SEC. 701. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
Section 274B (8 U.S.C. 1324b) is amended--
(1) in subsection (a)(5)--
(A) by amending the paragraph heading to read `Prohibition of Intimidation, Retaliation, or Unlawful Discrimination in Employment';
(B) by moving the text down and to the right 2 ems;
(C) by inserting before such text the following: `(A) IN GENERAL- '; and
(D) by adding at the end the following:
`(B) FEDERAL LABOR OR EMPLOYMENT LAWS- It is an unfair employment practice for any employer to directly or indirectly threaten any individual with removal or any other adverse consequences pertaining to that individual's immigration status or employment benefits for the purpose of intimidating, pressuring, or coercing any such individual not to exercise any right protected by State or Federal labor or employment law (including section 7 of the National Labor Relations Act (29 U.S.C. 157)), or for the purpose of retaliating against any such individual for having exercised or having stated an intention to exercise any such right.
`(C) DISCRIMINATION BASED ON IMMIGRATION STATUS- It is an unfair employment practice for any employer, except to the extent specifically authorized or required by law, to discriminate in any term or condition of employment against any individual employed by such employer on the basis of such individual's immigration status.'; and
(2) in subsection (c)(2), by adding at the end the following: `The Special Counsel shall not disclose to the Secretary of Homeland Security or any other government agency or employee, and shall not cause to be published in a manner that discloses to the Secretary of Homeland Security or any other government agency or employee, any information obtained by the Special Counsel in any manner concerning the immigration status of any individual who has filed a charge under this section, or the identity of any individual or entity that is a party or witness to a proceedings brought pursuant to such charge. The Secretary of Homeland Security may not rely, in whole or in part, in any enforcement action or removal proceeding, upon any information obtained as a result of the filing or prosecution of an unfair immigration-related employment practice charge. For purposes of this paragraph, the term `Special Counsel' includes individuals formerly appointed to the position of Special Counsel and any current or former employee of the office of the Special Counsel. Whoever knowingly uses, publishes, or permits information to be used in violation of this paragraph shall be fined not more than $10,000.'.
SEC. 702. DEPARTMENT OF LABOR TASK FORCE.
The Secretary of Labor, in consultation with the Attorney General and the Secretary of Homeland Security, shall conduct a national study of American workplaces to determine the causes, extent, circumstances, and consequences, of exploitation of undocumented alien workers by their employers. As part of this study, the Secretary of Labor shall create a plan for targeted review of Federal labor law enforcement in industries with a substantial immigrant workforce, for the purpose of identifying, monitoring, and deterring frequent or egregious violators of wage and hour, antidiscrimination, National Labor Relations Act, and workplace safety and health requirements. Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report describing the results of the study and the Secretary's recommendations based on the study.
SEC. 703. RECRUITMENT OF AMERICAN WORKERS.
Section 214 is amended--
(1) by redesignating subsections (m) (as added by section 105 of Public Law 106-313), (n) (as added by section 107(e) of Public Law 106-386), (o) (as added by section 1513(c) of Public Law 106-386), (o) (as added by section 1102(b) of the Legal Immigration Family Equity Act), and (p) (as added by section 1503(b) of the Legal Immigration Family Equity Act) as subsections (n), (o), (p), (q), and (r), respectively; and
(2) by adding at the end the following:
`(s)(1) No petition to accord employment status under the nonimmigrant classifications described in sections 101(a)(15)(E)(iii) and (H) shall be granted in the absence of an affidavit from the petitioner describing the efforts that were made to recruit an alien lawfully admitted for permanent residence or a citizen of the United States before resorting to a petition to obtain a foreign employee. The recruitment efforts must have included substantial attempts to find employees in minority communities. Recruitment efforts in minority communities should include at least one of the following, if appropriate for the employment being advertised:
`(A) Advertise the availability of the job opportunity for which the employer is seeking a worker in local newspapers in the labor market that is likely to be patronized by a potential worker for at least 5 consecutive days.
`(B) Undertake efforts to advertise the availability of the job opportunity for which the employer is seeking a worker through advertisements in public transportation systems.
`(C) To the extent permitted by local laws and regulations, engage in recruitment activities in secondary schools, recreation centers, community centers, and other places throughout the communities within 50 miles of the job site that serve minorities.
`(2)(A) The Secretary of Homeland Security shall impose a 10 percent surcharge on all fees collected for petitions to accord employment status and shall use these funds to establish an employment training program which will include unemployed workers in the United States who need to be trained or retrained. The purpose of this program shall be to increase the number of lawful permanent residents and citizens of the United States who are available for employment in the occupations that are the subjects of such petitions. At least 50 percent of the funds generated by this provision must be used to train American workers in rural and inner-city areas.
`(B) The Secretary of Homeland Security shall reserve and make available to the Secretary of Labor a portion of the funds collected under this paragraph. Such funds shall be used by the Secretary of Labor to establish an `Office to Preserve American Jobs' within the Department of Labor. The purpose of this office shall be to establish policies intended to ensure that employers in the United States will hire available workers in the United States before resorting to foreign labor, giving substantial emphasis to hiring minority workers in the United States.'.
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thesparky007
04-16 10:10 AM
thanks for the comments guys and dean
i dont get waht your argument is about
i dont get waht your argument is about
narendra_modi
07-07 01:39 PM
[QUOTE=gc_wow;471870]I have applied 485 during the july07 fiasco,I got 2 eads and aps,they have not even touched my case since april08.Is my case preadjudicated?[/QUOTE
You will see soft/hard LUD sooner.
You will see soft/hard LUD sooner.
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abracadabra
05-30 02:22 PM
The window closed automatically, no luck
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skarthy
07-21 09:56 AM
Some of my friends who applied a week after me have got it.
vikasgarg24
07-13 09:27 AM
Done and forward to friends
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abracadabra
05-30 02:46 PM
Is it the receipt number, where did you check it??
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StuckInTheMuck
04-28 07:04 PM
Just that 42% of the total Indian population now live under the global poverty line of $1.25 per day
The concept of wealth is fuzzy though, and depends on whether we are talking about GDP-level, or individual-level, wealth. When you see this map (http://www.worldmapper.org/images/largepng/169.png) of global GDP distribution, USA, much of Europe, and other developed countries are understandably bloated, Africa vanishes and Latin America becomes practically one-dimensional, whereas India still has a substantial presence. The picture changes dramatically in this poverty map (http://www.worldmapper.org/images/largepng/179.png) of global $1/day income distribution, where India now reigns supreme (even elbowing out the entire African continent).
The concept of wealth is fuzzy though, and depends on whether we are talking about GDP-level, or individual-level, wealth. When you see this map (http://www.worldmapper.org/images/largepng/169.png) of global GDP distribution, USA, much of Europe, and other developed countries are understandably bloated, Africa vanishes and Latin America becomes practically one-dimensional, whereas India still has a substantial presence. The picture changes dramatically in this poverty map (http://www.worldmapper.org/images/largepng/179.png) of global $1/day income distribution, where India now reigns supreme (even elbowing out the entire African continent).
more...
rameshvaid
03-19 06:13 PM
I went to US Consulate Montreal Canada yesterday and they held back my passport, Copy of LC, Originals of my I 485 and H1/H4. They told me your company is too small 7-8 employees and need to search the company. I had my H1/H4's got stamped in Toronto in 2005 without any problem.
My I 140 is approved in June 06, Submitted I 485 in June/July 07 got EAD Cards in Oct.-07. I also got my 3 years H1/H4 approvals on Jan-18th, 08.
Any idea how much time they are going to check the status of the company? Does the size of the company really matters? I am paid regularily and my company is a real estate investment firm, due to recent recession the profit of the company is low as compared to previous years. Will this make any difference. I am EB 3 with priority date July 30th, 2003.
Any advise?? Has some one been in the same situation. My older son is in college and has exams on Monday? Any thoughts/suggestions.
RV
My I 140 is approved in June 06, Submitted I 485 in June/July 07 got EAD Cards in Oct.-07. I also got my 3 years H1/H4 approvals on Jan-18th, 08.
Any idea how much time they are going to check the status of the company? Does the size of the company really matters? I am paid regularily and my company is a real estate investment firm, due to recent recession the profit of the company is low as compared to previous years. Will this make any difference. I am EB 3 with priority date July 30th, 2003.
Any advise?? Has some one been in the same situation. My older son is in college and has exams on Monday? Any thoughts/suggestions.
RV
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rjgleason
July 18th, 2004, 07:15 PM
Very interesting flower, great colors and shapes. I don't have a suggestion for the DOF problem, but I think this is a case where the flower is so unique I'm not thinking of the technicalities very much. I like the second picture, but it'd be great to pair it with an "overview" shot to understand how the whole flower/plant looks.
Don't apologize for your nice flower pictures - in that case I know one or two that would have to do the same for birds, or baseball, or semi-nudes, or [insert favourite subject here]... :p
Anders, I'll try and minimize my baseball shots, but I don't really know any semi-nudes, locally, anyway!
Don't apologize for your nice flower pictures - in that case I know one or two that would have to do the same for birds, or baseball, or semi-nudes, or [insert favourite subject here]... :p
Anders, I'll try and minimize my baseball shots, but I don't really know any semi-nudes, locally, anyway!
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sbabunle
11-17 09:26 AM
Way to Go India!!!!
Jai Hinddd!!!!
Jai Hinddd!!!!
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alterego
02-20 09:44 PM
Thanks for the correction Googler. I transposed the % into a K value! My bad. However my larger point remains.
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brb2
04-05 08:24 AM
....If there is so much resistance to the bill in the senate, imagine the resistance that it will receive in the house and the various voting processes that it has to go through.
I think, passage of Frist bill with no 'guest worker' provisions for 'undocumented workers' or a separate bill altogether dedicated to legal immigration provisions are our safest bets.
Any thoughts?
This bill if passed in the senate will NOT go to the house. It will go to the house and senate joint conference committee where a sensible common ground is found. This will save house reps who can say that they voted against amenesty while still having a bill passed.
The danger right now is that Kyle and others who are against amnesty (that is what even I would call it!) are trying to put in amendments that would be the poison-pill that will bring the whole bill down. It is very likely that no bill may pass the senate. If the democrats try to gain the 51% vote to end debate and vote on the existing bill, the only tool with republicans is to use the fillibuster and then the democrats will need 61 votes to overcome it which they don't have.
I think, passage of Frist bill with no 'guest worker' provisions for 'undocumented workers' or a separate bill altogether dedicated to legal immigration provisions are our safest bets.
Any thoughts?
This bill if passed in the senate will NOT go to the house. It will go to the house and senate joint conference committee where a sensible common ground is found. This will save house reps who can say that they voted against amenesty while still having a bill passed.
The danger right now is that Kyle and others who are against amnesty (that is what even I would call it!) are trying to put in amendments that would be the poison-pill that will bring the whole bill down. It is very likely that no bill may pass the senate. If the democrats try to gain the 51% vote to end debate and vote on the existing bill, the only tool with republicans is to use the fillibuster and then the democrats will need 61 votes to overcome it which they don't have.
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LostInGCProcess
08-18 12:00 AM
Hi All,
Please let me know, based on your personal experience, Does Change of Address 'triggers' an RFE from USCIS????
I recently found a project (after many months) and am working for this new employer on EAD. However, I have not vacated my old apt....still paying rent and keeping it as my current one, and sharing accommodation with others in the new city where I am working....because of the only reason that I fear, which is an RFE.
Please let me know.
Thanks.
Please let me know, based on your personal experience, Does Change of Address 'triggers' an RFE from USCIS????
I recently found a project (after many months) and am working for this new employer on EAD. However, I have not vacated my old apt....still paying rent and keeping it as my current one, and sharing accommodation with others in the new city where I am working....because of the only reason that I fear, which is an RFE.
Please let me know.
Thanks.
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boreal
09-22 03:59 PM
Hi PCS,
I would appreciate if you confirm if the notarized experience letter is accepted as substitute for the original experience letter. I am planning use a preapproved labor but the job requirement for that labor requires some specific skills. My old employer would not give me the letter. So can I ask my colleague to send me a notarized experience letter ?
Thanks,
pcbadgujar
Oh God!! People can and will do anything to abuse Labor Substibution.
I would appreciate if you confirm if the notarized experience letter is accepted as substitute for the original experience letter. I am planning use a preapproved labor but the job requirement for that labor requires some specific skills. My old employer would not give me the letter. So can I ask my colleague to send me a notarized experience letter ?
Thanks,
pcbadgujar
Oh God!! People can and will do anything to abuse Labor Substibution.
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sandy_anand
02-28 08:31 PM
So are scotland, wales considered dependencies? Kashmiris can get passport from Pakistan if they want. Who would give passports to Hyderabadis?
Goa and Pondicherry are states now.
It is difficult without knowing the meaning of dependencies and how it is defined.
Pondicherry is still a Union Territory.
Goa and Pondicherry are states now.
It is difficult without knowing the meaning of dependencies and how it is defined.
Pondicherry is still a Union Territory.
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amitjoey
07-05 12:24 PM
Yes, I agree that AILF is taking care of the lawsuit and it will run its own course. Talking to senators and sending them email and letters will help, but more than that it is the media that we need to focus. Please all help out with the media drive, send emails and letters to media.
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kumhyd2
05-19 02:12 PM
I 140 : approved last month
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
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RollingStone12
04-25 02:05 PM
yes america has its own problems called OBESITY and its OWN CITIZENS who kill each other every day and iys OWN citizens who commit crimes all the time;
A HOLE
You are just wasting your time defending your son...how many times you are going to do this...if not this time, next time or next time....
One day they will bell the cat.
A HOLE
You are just wasting your time defending your son...how many times you are going to do this...if not this time, next time or next time....
One day they will bell the cat.
nb_des
09-20 04:04 PM
Even I don't see it. Seems like they have removed it.
JazzByTheBay
06-20 09:34 PM
- Got wife's maiden name changed when I lost her passport... couple of years back. Recollect it took ~a week.
- Present Indian immigration statuc: ECNR, etc. - check your password. It should be ECNR if you've travelled this far... :)
- 16).Alien registration card number/Employment registration card number_____ (i dont have any of these numbers)
Don't recollect needing any of the above numbers.
- In our case, it was new passport in lieu of lost passport.
If you get in early (i.e. before they close for lunch, but preferably as soon as they open) they'll help you out with all that - generally nice & friendly folks in CGI.
jazz
Hi ,
Iam here on h4visa. Iam also planning to apply for name change from maiden name to married name in my passport.Is it true that it takes 1week time for the process if u go in person?Have u got any idea how long would it take if it is by mail?
And also i would want to ask some doubts in filling the application if u have already done this.None of them respond properly over phone from CGI.And by mail they are not answering appropriately.
can u help me in these questions.
16).Alien registration card number/Employment registration card number_____ (i dont have any of these numbers)
21).Present indian immigration status *ECR/**ECNR_________ ? (what to write here)
In the following question in the application form which option do i select for my maiden name change????????
31).Is this application for the
-first time passport
-new passport in replacement to expired/expiring passport
-lost passport
-damaged passport
Hope to get reply from u soon,
vaishu
- Present Indian immigration statuc: ECNR, etc. - check your password. It should be ECNR if you've travelled this far... :)
- 16).Alien registration card number/Employment registration card number_____ (i dont have any of these numbers)
Don't recollect needing any of the above numbers.
- In our case, it was new passport in lieu of lost passport.
If you get in early (i.e. before they close for lunch, but preferably as soon as they open) they'll help you out with all that - generally nice & friendly folks in CGI.
jazz
Hi ,
Iam here on h4visa. Iam also planning to apply for name change from maiden name to married name in my passport.Is it true that it takes 1week time for the process if u go in person?Have u got any idea how long would it take if it is by mail?
And also i would want to ask some doubts in filling the application if u have already done this.None of them respond properly over phone from CGI.And by mail they are not answering appropriately.
can u help me in these questions.
16).Alien registration card number/Employment registration card number_____ (i dont have any of these numbers)
21).Present indian immigration status *ECR/**ECNR_________ ? (what to write here)
In the following question in the application form which option do i select for my maiden name change????????
31).Is this application for the
-first time passport
-new passport in replacement to expired/expiring passport
-lost passport
-damaged passport
Hope to get reply from u soon,
vaishu