[November 15, 2005]

If an alien convicted of a crime, or has been cited, he/she must disclose such incident prior to naturalization.  An officer will review the nature of the conviction or infraction assuming such an event took place between the interview time and the swearing-in date.  Some applicants will be allowed to proceed to naturalize despite infraction i.e.: traffic ticket, indicating fine was paid (applicant should take proof to the ceremony).  If the Department of Homeland Security feels that the new crime impedes naturalization (probation imposed, good moral character, deportable), they will pull person out of the ceremony schedule and will do a Motion to Reopen to rescind naturalization approval. 

            A new fee structure became effective on October 26, 2005 and will basically add an average of $10 to each  application and petition to account for inflation.

¡°USCIS is committed to delivering world class service¡±, said the acting USCIS Deputy Director, ¡°Because USCIS is a fee-based agency, we must charge amounts that will recover the full costs of our operations in order to continue the progress we have made in reducing the backlog.  USCIS already has reduced its backlog from 3.9 million to 1.1 million cases.

            Schedule A is a blanket Labor Certification.  It is a list of pre-certified occupations codified in 20 CFR 656.10 and 656.22 for which the Secretary of the Department of Labor has previously determined that there are not sufficient U. S. workers who are willing, able, qualified and available and that the wages and working conditions of U.S. workers similarly employed will not be adversely affected by the employment of aliens in such occupation.  The list was once long but has been restricted over the years.  Now only Group I, registered nurses and physical therapists, are left on the list, and Group II, which are aliens of exceptional ability.

            The use of the term ¡°extraordinary¡± and ¡°exceptional¡± ability resulted in considerable confusion.

            It has been determined that exceptional ability is less than extraordinary ability.

            The evidentiary requirements for the two classifications are different.

Recent immigration has rapidly transformed California into a diverse racial and ethnic society strikingly different from the comparatively homogenous Golden State of the 60s.  Before the surge in immigration in the 1970s, California was 80% white and the state¡¯s growth was driven largely by migrants from other parts of the United States.  Today 40% of the 35.5 million people living in California are non-white.  Nearly one-in-four - almost 8.75 million - are from outside the United States.  With one-third of the immigrants in this country calling California home, our state leads the way in the demographic changes transforming America in the21st century.

Nowhere is change more readily apparent than in Los Angeles County. Los Angeles has grown to a global community that has no ethnic majority.  Los Angeles is:

¡¤                    The largest Mexican metropolitan area outside Mexico

¡¤                    The largest Korean metropolitan area outside Korea

¡¤                    The largest Filipino metropolitan area outside the Philippines

¡¤                    The largest Vietnamese metropolitan area outside Vietnam

¡¤                    The largest El Salvador metropolitan area outside El Salvador

¡¤                    The largest Guatemalan metropolitan area outside Guatemala

¡¤                    The second largest Chinese metropolitan area outside China

¡¤                    The second largest Japanese metropolitan area outside Japan

¡¤                    More Canadians live in Los Angeles than in Vancouver, British Columbia

More than 50 foreign-language newspapers are published in Los Angeles County, and over fifty percent of Country residents speak a language other than English at home.  The majority of immigrants ultimately assimilate into society and the longer they live in the U.S., the greater their incomes and tax contributions grow.  Most U.S. citizens today are themselves descendants of immigrants who came h ere during the past 150 years, motivated by job opportunities and political freedoms.

According to a study by the Urban institute, by the second generation, immigrants overall end up doing as well as, or in some instances better than, third generation non-Hispanic white native born citizens in terms of their educational attainment, labor force participation, wages and household income.  While there are substantial variations across ethnic groups and populations, when education levels are standardized, there is no difference in wage outcomes.

However, the demographic shift brought about by unprecedented numbers of recent immigrants, many of whom are poorer, less educated and less skilled than previous generations, is raising difficult questions about how to integrate these latest newcomers.  Individuals face daunting challenges: learning a new language; getting a job and housing; adapting to a new society; and bringing their families together.  Policymakers and institutions grapple with providing safety net services, employment and education to different class of immigrants - refugees, asylees and other legal noncitizens as well as undocumented immigrants and mixed families with citizen children - to promote their well--being and economic and social mobility, while at the same time discouraging heir becoming ¡°public charges,¡± draining community and government resources.

The Department of Homeland Security announced a comprehensive multi-year plan to secure America¡¯s borders and reduce illegal immigration entitled ¡°Secure Border Initiative¡± (SBI):  ¡°The goal of SBI is to transform the way immigration issues have been viewed.  We will address the challenges in each of these areas with an integrated mix of increased staffing, new technology, and enhanced infrastructure investment, as well as a new regime of regulations and legislative proposals.¡± 

Since the events of 9/11, President Bush has placed ever-increasing importance on immigration control, including border security, and has devoted significant resources to the stark challenge of illegal migration.  Every day, DHS agencies take significant steps to secure the borders and enforce immigration laws.  DHS currently has more than 11,000 Border Patrol agents along nearly 7,000 miles of northern and southern border, an increase of 15 percent over 9/11/ levels.  An additional 18,000 officers are posted at our ports of entry, and over 8,000 agents and officers are working to apprehend criminals, absconders and other individuals illegally in the United States.

Key elements of SBI include:

¡¤           More agents to patrol our borders, secure our ports of entry and enforce immigration laws;

¡¤           Expanded and more efficient detention and removal capabilities to eliminate ¡°catch and release¡± once and for all;

¡¤           A comprehensive and systemic upgrading of the technology used in controlling the border, including increased manned aerial assets, expanded use of UAVs, and next-generation detection technology;

¡¤           Increased investment in infrastructure improvements at the border - providing additional physical security to sharply reduce illegal border crossings; and

¡¤           Great increased interior enforcement of our immigration laws - including more robust worksite enforcement.

DHS will work with other foreign governments to ensure they provide timely travel documents in order to remove the backlog of their nationals in our detention facilities.  DHS will also ensure there is a productive dialogue in order to safely and quickly repatriate migrants back to their nations at the same rate at which they are arriving.

The EB-1 Category

The first preference category (EB-1) is known as priority worker.  This is a special category for immigrants with extraordinary ability in sciences, arts, education, business sports, who have demonstrated by sustained national or international acclaim and whose achievements have been recognized in the full through extensive documentation and are seeking to enter the U.S. to continue working in the area of extraordinary ability and their entry will substantially benefit prospectively in the U.S.    Such a qualified individual does not need an employer and no offer of employment is required.    He/she, however, does need proof that he/she intends to pursue work in the area of expertise in the U.S.  This category is intended for a small percentage of individuals who have risen to the top of their field of endeavor.  The applicant must demonstrate sustained or international acclaim.  He/she has to comply with 3 out of the10 documentations, as follows:

a)         Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor (Academic awards to students are generally ignored); 

b)         Membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields; 

c)         Published material about the alien in professional or major trade publications or other major media;

d)         Participation, either individually or on a panel, as a judge of the work of others; 

e)         Evidence original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field; 

f)          Authorship of scholarly articles in the field;

g)         Artistic exhibitions or showcases; 

h)         Performance in a leading or critical role for organizations or establishments that have a distinguished reputation; 

i)          High salary or remuneration for services, in relation to others in the field;

j)          Commercial successes in the performing arts.

The H-2B Category

          Since H-1B is not available until April 2006 for filing and will not be available for obtaining a visa until October 2006, one should analyze the availability of H-2B.

          The H-2B category allows U.S. employers in industries with peak load, seasonal or intermittent needs to augment their existing labor force with temporary workers.  The H-2B visa category also allows U.S. employers to augment their existing labor force when necessary due to a one-time occurrence which necessitates a temporary increase in workers.  Typically, H-2B workers fill labor needs in occupational areas such as construction, health care, landscaping, lumber, manufacturing, food services and processing and resort and hospitality services.

          The USCIS began accepting additional petitions on May 25, 2005.  There are numbers available for this category.