Thread: Bush Administration Finalizes Changes to Guestworker Program

--------------------------------------------------------------------------------
Same ole Crap as Last Week , Think Our Calls Will Get This Canned ?

December 18, 2008



Bush Administration Finalizes Changes to Guestworker Program

Changes Slash Requirements to Hire U.S. Workers, Reduce Wages

and Worker Protections for Nation’s Farmworkers

(washington dc) The Bush Administration today finalized midnight regulation changes to slash wages, make it easier to hire foreign workers, and reduce worker protections under the H-2A agricultural guestworker program. The changes, published today in the Federal Register, take effect January 17.

“These changes are devastating for our nation’s farmworkers,â€

Watch what you let this criminal do ... you are just as guilty America... this man needs to be charged with Treason and Sedition for all the damage he has done to this country....

We are Now Officially a Banana Republic

The new rules, by minimizing oversight of employers’ applications for H-2A guestworkers, could result in the growth in the program in 2009 from 75,000 to 200,000 guestworkers. There is no annual visa cap.

You got so screwed America.. you just havent figured it out yet

Maybe this is a way of them avoiding deportation until amnesty goes into effect.

Bush has never had the American citizens best interests in mind.

I just got the rules in email:

[Federal Register: December 18, 2008 (Volume 73, Number 244)]
[Notices]
[Page 77047-77049]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18de08-77]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

U.S. Customs and Border Protection

U.S. Immigration and Customs Enforcement

[CIS No. 2461-08; DHS Docket No. USCIS-2008-0065]
RIN 1615-ZA75


H-2A Petitioner's Employment-Related or Fee-Related Notification

AGENCY: U.S. Citizenship and Immigration Services, U.S. Customs and
Border Protection, U.S. Immigration and Customs Enforcement, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This Notice announces the manner in which petitioners must
notify U.S. Citizenship and Immigration Services regarding their
employment of agricultural workers in H-2A nonimmigrant status or job
placement fee information. These procedures are necessary to enable
petitioners to comply with the notification requirements established by
the Department of Homeland Security's regulations governing the H-2A
nonimmigrant classification.

DATES: This Notice is effective January 17, 2009.

FOR FURTHER INFORMATION CONTACT:
USCIS: Hiroko Witherow, Service Center Operations, U.S. Citizenship
and Immigration Services, Department of Homeland Security, 20
Massachusetts Avenue, NW., Washington, DC 20529, telephone (202) 272-
8410.
USICE: Joe Jeronimo, National Program Manager, U.S. Immigration and
Customs Enforcement, Department of Homeland Security, 500 12th Street,

[[Page 77048]]

SW., Washington, DC 20024, telephone (202) 732-3978.
USCBP: Bruce Ingalls, Chief, Debt Management Branch, U.S. Customs
and Border Protection, Revenue Division, Attn: H-2 Team, Suite 100,
6650 Telecom Drive, Indianapolis, IN 46278, telephone (317) 298-1307.

SUPPLEMENTARY INFORMATION:

I. Background

The H-2A nonimmigrant classification applies to alien workers
seeking to perform agricultural labor or services of a temporary or
seasonal nature in the United States on a temporary basis. Immigration
and Nationality Act (INA) sec. 101(a)(15)(H)(ii)(a), 8 U.S.C.
1101(a)(15)(H)(ii)(a); see 8 CFR 214.1(a)(2) (H-2A classification
designation). Aliens seeking H-2A nonimmigrant status must be
petitioned for by a U.S. employer. However, prior to filing the
petition, the U.S. employer must complete a temporary agricultural
labor certification process with the Department of Labor (DOL) for the
job opening the employer seeks to fill with an H-2A worker. After
receiving a temporary labor certification, the U.S. employer files Form
I-129, ``Petition for Nonimmigrant Worker,'' with the appropriate USCIS
office. See 8 CFR 214.2(h)(5)(i)(A). Once a petition has been granted,
the regulations impose additional responsibilities on such H-2A
petitioners. These responsibilities include notifying DHS of certain
occurrences related to their H-2A workers, as discussed below.

A. Employment-Related Notifications

The regulations require H-2A petitioners to provide notification to
DHS within 2 work days in the following instances:
When an H-2A worker fails to report to work within 5 work
days of the employment start date on the H-2A petition or within 5 work
days of the start date established by the petitioner, whichever is
later;
When the agricultural labor or services for which H-2A
workers were hired is completed more than 30 days early; or
When the H-2A worker absconds from the worksite or is
terminated prior to the completion of agricultural labor or services
for which he or she was hired.

8 CFR 214.2(h)(5)(vi)(B). The regulations also require that
petitioners retain evidence of the notification filed with DHS for a
one-year period beginning from the date of the notification. 8 CFR
214.2(h)(5)(vi)(B)(2). Those petitioners that use a different
employment start date than the start date stated on the H-2A petition
must retain evidence of the changed start date and make such evidence
available for inspection by DHS officers for a one-year period
beginning on the newly established employment start date. Id. An H-2A
petitioner that fails to meet these requirements is subject to
liquidated damages in the amount of $10. 8 CFR 214.2(h)(5)(vi)(B)(3).

B. Fee-Related Notifications

The regulations provide petitioners with the opportunity to avoid
denial or revocation (on notice) of their H-2A petition if they notify
DHS regarding information they obtained following the filing of their
H-2A petition concerning the beneficiary's payment or agreement to pay
a fee or compensation in connection to any facilitator, recruiter, or
similar employment service as a condition of obtaining the H-2A
employment. 8 CFR 214.2(h)(5)(xi)(A)(4). The regulations prohibit such
payments and agreements. 8 CFR 214.2(h)(5)(xi)(A). Notification of a
beneficiary's payment or agreement to pay the prohibited fees must be
made within 2 workdays of gaining such knowledge. 8 CFR
214.2(h)(5)(xi)(A)(4).
This Notice specifies the manner in which H-2A petitioners must
file employment-related and fee-related notifications with DHS in order
to comply with the regulations. 8 CFR 214.2(h)(5)(vi)(B) and 8 CFR
214.2(h)(5)(xii)(A)(4).

II. Employment-Related Notifications

A. Filing Notifications

This Notice announces that beginning on January 17, 2009, H-2A
petitioners must provide employment-related notifications to USCIS
within 2 workdays of an event specified in 8 CFR 214.2(h)(5)(vi)(B).
The petitioner must include the following information in the
notification.
(1) The reason for the notification;
(2) The reason for untimely notification and evidence for good
cause, if applicable;
(3) The USCIS receipt number of the approved H-2A petition;
(4) The petitioner's name, address, telephone number, and employer
identification number (EIN);
(5) The employer's name, address, and telephone number, if it is
different from that of the petitioner;
(6) The name of the H-2A worker in question;
(7) The date and place of birth of the H-2A worker in question; and
( The last known physical address and telephone number of the H-
2A worker in question.
USCIS acknowledges that where an H-2A petitioner is reporting the
failure of an H-2A worker to report to work within the prescribed time
frame, petitioners may not know the names of H-2A workers who fail to
report to the employment site if the workers are unnamed beneficiaries
of the H-2A petition. In such cases, USCIS requires the petitioner to
supply only the number of workers who failed to report to work within
the prescribed time frame instead of such workers' names, dates of
birth, and places of birth.
USCIS encourages the petitioner to submit notification
electronically by e-mail. However, USCIS realizes that in certain
instances electronic notification may not be possible or feasible for
the H-2A petitioner. Accordingly, the following two methods for
notification are acceptable. Notification by mail must be postmarked
before the end of the 2 workday reporting window.
By e-mail: CSC-X.H-2AAbs@dhs.gov.
By mail: California Service Center, Attn: Div X/BCU ACD, P.O. Box
30050, Laguna Niguel, CA 92607-3004.

B. Failure To Comply With the Requirements

In cases where an H-2A petitioner makes an admission of an untimely
notification (for example, a notification letter admitting that the
notification is being sent after the close of the 2 workdays window),
USCIS will make a determination of liability for liquidated damages.
Untimely notification must be accompanied by evidence of good cause.
Failure to notify timely may be excused in the discretion of USCIS if
it is demonstrated that the delay was due to extraordinary
circumstances beyond the control of the H-2A petitioner, and USCIS
finds the delay commensurate with the circumstances. If the H-2A
petitioner fails to demonstrate good cause for failure to make a timely
notification, USCIS will communicate liability for liquidated damages
to the H-2A petitioner and inform the petitioner that it will receive a
demand letter for payment directly from U.S. Customs and Border
Protection (CBP). H-2A petitioners must not send checks to USCIS when
sending untimely notifications.
In any situation where U.S. Immigration and Customs Enforcement
(ICE) uncovers evidence of liability for H-2A liquidated damages in the
course of its investigatory work, ICE will make a determination of
liability. ICE will provide the petitioner with written notice of non-
compliance as well as the

[[Page 77049]]

petitioner's liability for liquidated damages. If the petitioner wishes
to contest the allegations set forth in the notice of non-compliance,
written notice must be received by ICE within 30 days of receipt of the
notice of non-compliance. 8 CFR 214.2(h)(5)(vi)(C). If the petitioner
fails to contest the finding of non-compliance, or the petitioner's
response fails to raise an issue of material fact, ICE will communicate
liability for liquidated damages to the H-2A petitioner and inform the
petitioner that it will receive a demand letter for payment for
liquidated damages directly from CBP.
CBP will collect all liquidated damage payments. The CBP demand
letter will specify the manner in which payment must be made.

III. Fee-Related Notifications

This Notice announces that on January 17, 2009, H-2A petitioners
may begin filing fee-related notifications to USCIS pursuant to 8 CFR
214.2(h)(5)(xi)(A)(4). The notification must include the following
information:
(1) The USCIS receipt number of the H-2A petition;
(2) The petitioner's name, address, and telephone number;
(3) The employer's name, address, and telephone number, if it is
different from that of the petitioner; and the
(4) Name and address of the facilitator, recruiter, or placement
service to which alien beneficiaries paid or agreed to pay the
prohibited fees.
As previously stated, USCIS encourages the petitioner to submit
notification electronically by e-mail. However, USCIS realizes that in
certain instances, electronic notification may not be possible or
feasible for the H-2A petitioner. Accordingly, the following two
methods for notification are acceptable. Notification by mail must be
postmarked before the end of the 2 workday reporting window.
By e-mail: CSC.H2AFee@dhs.gov.
By mail: California Service Center, P.O. Box 10695, Laguna Niguel,
CA 92607-1095.

IV. Paperwork Reduction Act

This Notice sets forth the procedures for H-2A petitioners to
notify USCIS when:
An H-2A worker fails to report to work within 5 workdays
of the employment start date on the H-2A petition or within 5 workdays
of the start date established by the petitioner, whichever is later;
When the agricultural labor or services for which H-2A
workers were hired is completed more than 30 days early; or
When the H-2A worker absconds from the worksite or is
terminated prior to the completion of agricultural labor or services
for which he or she was hired.

H-2A petitioners must retain evidence of any such notification sent to
USCIS, as well as evidence of an employment start date if different
from the start date stated on the H-2A petition, for a one-year period.
This Notice further provides the procedures for H-2A petitioners to
notify USCIS, after an H-2A petition has been filed, within 2 work days
of learning that an H-2A alien worker paid a fee or other compensation
to a facilitator, recruiter, or similar employment service as a
condition of obtaining the H-2A employment.
These notification requirements are considered information
collections covered under the Paperwork Reduction Act (PRA).
Since implementation will begin 30 days from the date of
publication of this notice in the Federal Register, this new
information collection has been submitted and approved by OMB under the
emergency review and clearance procedures covered under the PRA. USCIS
is requesting comments on this new information collection no later than
January 17, 2009. When submitting comments on the information
collection, your comments should address one or more of the following
four points:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the agency, including whether the information
will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of the information on
those who are to respond, including through the use of any and all
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of responses.
Overview of Information Collection
a. Type of information collection: New information collection.
b. Title of Form/Collection: H-2A's Petitioners Employment-Related
or Fee-Related Notification
c. Agency form number, if any, and the applicable component of the
Department of Homeland Security sponsoring the collection: No form
number. U.S. Citizenship and Immigration Services.
d. Affected public who will be asked or required to respond, as
well as a brief abstract: Individuals or Households. This information
collection is necessary to provide employment related or fee related
notification by an H-2A petitioner.
e. An estimate of the total number of respondents and the amount of
time estimated for an average respondent to respond: 1,000 respondents
at .50 (30 minutes) per response.
f. An estimate of the total of public burden (in hours) associated
with the collection: Approximately 500 burden hours.
All comments and suggestions or questions regarding additional
information should be directed to the Department of Homeland Security,
U.S. Citizenship and Immigration Services, Regulatory Management
Division, 111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC
20529, Attention: Chief, 202-272-8377.

Paul A. Schneider,
Deputy Secretary.
[FR Doc. E8-29786 Filed 12-17-08; 8:45 am]
BILLING CODE 9117-97-P

http://www.ilw.com/immigdaily/news/2008 ... ation.shtm

Originally Posted by airdale

Rep. Zoe Lofgren, (D-CA) noted that "Once again the Bush Administration has shown that it is no friend to working people. ... These changes not only hurt foreign agricultural workers, but also undercut standards for American workers, as the new rules lower pay and working conditions for temporary foreign agricultural employees. My colleagues and I will work with the incoming Obama administration to ensure that these ill-conceived changes are undone."

Zoe Lofgren?

http://www.numbersusa.com/content/nusab ... rward.html

H.R. 5882 differs from other recent proposals, including one by Lofgren, to expand the EB green card program, which would essentially grant an automatic green card to any foreign graduate of a tech program at a U.S. university. These proposals would create their own demand, and by being targeted on new graduates, would apply mainly to the young, and thus greatly exacerbate the already-existing problem of employers hiring young foreign workers instead of older (age 35+) Americans.

Though differing in mechanism, H.R. 5882 would have similar effects. If some workers do tire of waiting and leave, that's good. Most of these foreign workers are young too, so each one that leaves lightens the age problem described above. The same is true for those in line whose employers go out of business, thus losing their EB green card application. Yes, it is disappointing to those workers, but they are not needed and had been given no guarantee of being able to stay. (The industry lobbyists' argument that they will then go and "work for our foreign competitors, taking knowledge gained from U.S. companies" is absurd, since these same companies operate R&D centers abroad.)


http://heather.cs.ucdavis.edu/Archive/L ... nCards.txt

From: Norm Matloff <matloff@cs.ucdavis.edu>
To: Norm Matloff <matloff@cs.ucdavis.edu>
Subject: and on the green card front...

To: H-1B/L-1/offshoring e-newsletter

Often lost in the conversation on H-1B is the equally important issue of
employer-sponsored green cards. Last year's Comprehensive Immigration
Reform bill, and various related pieces of legislation, not only would
increase the yearly H-1B cap, but would also expand the green card
program.

The industry's claimed reason for liberalizing green card policy is
summed up by the Lofgren quote in the enclosed article:

# Because of this [per-country] cap, a Chinese or Indian post-graduate at
# the top of his/her class at MIT may have to wait half a decade or more
# for a green card, much longer than a student from a less-populated
# country.

Sounds unfair, and even counter to U.S. interests, right? Wrong. Though it
is true that the waiting time varies with the country, the fact is that
Lofgren's hypothetical genius would NOT have to "wait half a decade or more
for a green card." He in fact would have ZERO wait time for the visa. See my
previous posting at

http://heather.cs.ucdavis.edu/Archive/WadhwaIII.txt

for details, but the summary is this:

The employer-sponsored green card system has three tiers. The one for
the top talents is EB-1, described as "foreign nationals of
extraordinary ability" (and for "outstanding professors") is "Current"
for all nationalities, including the Chinese and Indians. "Current" is
the State Dept. term for "no backlog, no waiting." See
http://travel.state.gov/visa/frvi/bulle ... _4231.html

The category that does have a long wait is EB-3, which is for ordinary
workers, no special talent. So, LOFGREN'S STATEMENT IS EGREGIOUSLY
MISLEADING. And as a former immigration lawyer and immigration law
professor, Lofgren presumably knows full well that her statement is
misleading.

You might think that employers would not want to expedite the green card
process, as they lose their power over a worker once she gets her green
card. That is a consideration--see my University of Michigan law
journal article for examples of immigration lawyers who admit that
employers do like the de facto indentured servant status of their
H-1Bs--but what is just as important is having available a pool of
YOUNG workers, because younger workers are cheaper. Most of the H-1Bs
are young, and of course they are still young once they get their green
cards. [In spite of the industry's claim that they wait so long. ]

Regular readers of this e-newsletter know that the core of H-1B is
ENABLING EMPLOYERS TO AVOID HIRING OLDER AMERICAN WORKERS, of age
40 or even 35. It's no coincidence, for example, that the "automatic
green cards" that were proposed in the Comprehensive Immigration Reform
bill were for NEW GRADUATES, because they are YOUNG.

The point, then, is that the industry is afraid that the foreign
workers--again, I'm talking about the ordinary ones, the EB-3s, not the
top talents--will be put off by the long wait in EB-3, and won't come
to the U.S. in the first place. The industry then loses a major part of
its young labor pool.

Many readers of this e-newsletter are researchers, policymakers,
journalists and the like. I hope they are beginning to understand the
following simple principle: Sadly, almost anything the industry PR
people say is completely (and knowingly) wrong.

When I read the piece enclosed below, I found a link to an interesting
analysis by the same author of my recent CIS article, with a surprising
take on it, or I should say, on something I said long ago. I'll try to
post that one tomorrow if I have time.

Norm

http://www.computerworld.com/action/art ... c=hm_topic

Computerworld Reports

With H-1B in limbo, Congressional backers push Green Card fix

Head of key House committee has introduced three bills in two months

By Patrick Thibodeau

May 14, 2008 (Computerworld) Efforts to increase the H-1B cap have been
stuck in a legislative swamp, but U.S. Rep. Zoe Lofgren (D-Calif.) has
introduced three bills in the last few weeks to help foreign nationals
already working in the U.S. to obtain permanent residency. She announced her
latest legislative effort late Wednesday.

Fixing the permanent residency, or green card employment-based, visa program
has been a top legislative goal of high-tech industry proponents, on par
with their efforts to raise the H-1B cap.

And Lofgren, who heads the U.S. House Subcommittee on Immigration, is in the
position to move legislation to the head of the class. But it remains to be
seen whether she can jump over the legislative stalemate created by
lawmakers who want comprehensive immigration reform or nothing at all.

Lofgren's latest bill, HR 6039, which is not yet available online, will
exempt graduates of U.S. universities with advanced degrees in science and
tech -- the so called STEM degrees (science, technology, engineering,
mathematics) -- from the annual 140,000 limit on these permanent residency
visas. The bill was officially introduced yesterday.

In a statement, Lofgren said that more than 50% of graudates with advanced
degrees in science and engineering are foreign-born. "If we want our economy
to continue competing in the global market, we have to retain these foreign
students so they compete with us instead of against us in other countries.
These men and women are the innovators of tomorrow, and we aren't the only
ones looking to retain their talents. Increasingly, employers from Europe,
Australia, Canada, and even China and India, are beating U.S. employers for
valuable talent," said Lofgren.

That bill is closely tied to legislation introduced earlier this month by
Lofgren, HR 5921. That bill seeks to eliminate the per-country caps on
employment-based visas. The U.S. caps at 7% per country the number of
employment-based visas issued to would-be visiting workers. "Because of this
cap, a Chinese or Indian post-graduate at he top of his/her class at MIT may
have to wait half a decade or more for a green card, much longer than a
student from a less-populated country," said Lofgren, in a statement
released when the legislation was announced.

Although much of the focus has been on the H-1B cap and its 85,000-visa
quota, which includes the 20,000 set aside for holders of advanced degrees,
high-tech industry proponents say the difficulty in getting permanent
residency for their employees is as much a problem as getting H-1B visas.

Microsoft has about 4,000 employees for whom it is trying to gain permanent
residency, said Jack Krumholtz, managing director of federal government
affairs at Microsoft. They face long waits because of the green card
backlog, suffering personal and professional frustrations along the way,
Microsoft Corp. Chairman Bill Gates testified.

"We only hire people that we think can contribute to our innovation and
corporate bottom line over the long haul, so we move immediately to apply
for green cards for you and your family members," said Krumholtz, who said
Microsoft is supporting Lofgren's legislative effort.

The typical path for a tech worker is, first, work after graduation on a
student visa -- a period that was recently extended by the Bush
administration from a year to 29 months -- and then an H-1B visa until
employment-based permanent residency can be achieved.

Other legislative steps taken by Lofgren include a bill that would take
unused employment-based green cards and essentially roll them over for
resuse in a subsequent year. That bill is HR 5882. There are Republican
co-sponsors for each of these bills.

Lofgren's across-the-aisle backers of these bills include U.S. Reps. Chris
Cannon (R-Utah), Jim Sensenbrenner (R-Wisc.) and Bob Goodlatte (R-Va.).
Ron Hira, an assistant professor of public policy at the Rochester Institute
of Technology, said he believes the U.S. can absorb more highly skilled,
permanent immigrants with green cards "without significantly harming the
American workforce. But we have to do it the right way."

Among the issues, says Hira, is the thorny question of "who are we going to
grant employment-based permanent residence to?" Educational level attained
(bachelor's, masters or Ph.D) and the academic area studied by potential
residents are apt to be factors in that.

Hira said that one "significant problem" with the Lofgren bills "has to do
with using exemptions as a way around tackling the decision of how many [to
grant]," and he added the plan to "recapture" was a gimmick to get around
the quota issue. Among the questions Congress should look at, says Hira, is
the impact of the changes; he indicated, for instance, that the legislation
may change incentives, prompting foreign nationals to seek degrees from any
U.S. school they can because it will be seen as a path to permanent
residency.

Time to go to numbers USA , http://www.numbersusa.com/content/ Again and get a few things off my chest before Bed.
There Is Now More Than Ever No Such Thing as a Visa That does not Harm American
Workers or Students Entering into the Workforce .
Weather it be a High school Drop out or a College Graduate .
What Country do These Idiots Live In ?
Americans Need Jobs . Not More Cheap Foreign Slave Labor in Our Rightful Jobs .

since when is open borders illegal alien lover Zoe Lofgren
worried about american workers?

Obviously our own government is the worse enemy "we the people" could ever have.................this is truly disgusting!

Somewhere there will a big clash, for the interests of the American people cannot be pitted against the illegal alien and foreign worker interests when the economy is suffering and jobs are going to increasingly become scarce.

Luke 2 - "Unto us is born in the City of David, a Saviour, Christ Jesus."