Posted on 01/05/2005 1:04:07 AM PST by nanak
FOREIGN workers seeking permanent residency will no longer have to wait several years under a new system implemented by the Department of Labor (DOL), streamlining the labor certification system, reducing the processing time to 45-60 days.
Last December 27, DOL issued its final rule on the new labor certification system, “Program Electronic Review Management” or “Perm,” The new regulations take effect on Mar. 28, 2005, with the same DOL unit, Employment and Training Administration (ETA) implementing it. Under Perm, employers must file a new ETA Form 9089, which can be filed electronically.
“The current process has been criticized as being complicated, time consuming and requiring the expenditure of considerable resources,” DOL acknowledged in issuing the new rules.
While lauding Perm as good news, Robert Reeves, principal of Southern California-based Reeves & Associates, maintained the need to fix the visa backlog.
The labor certification process is a necessary step for foreign workers seeking permanent residency in the United States.
Before the employers of these workers can file immigrant visa petitions with the U.S. Citizenship and Immigration Services (Uscis), the DOL must certify that the permanent job offer to the foreign worker will not pose any missed opportunity or displacement for U.S. workers.
The sheer number of U.S. employers seeking permanent hiring of foreign workers has resulted in massive backlogs in both labor certification applications with DOL and immigrant petitions with the Uscis.
“Perm is the second part of the [Bush] Administration efforts to bring labor that will accommodate employers in the U.S.,” said Reeves.
The immigration lawyer said he expects his office to be deluged with inquiries about the new rules. His advice: go to an established immigration law office.
Some requirements have changed that will affect a number of Filipino workers in the U.S.
For instance, the DOL document states a change for nurses in that, a nurse’s employer must present documentation that the prospective employee has passed the CGFNS (Commission on Graduates of Foreign Nursing Schools) examination or has acquired permanent, full and unrestricted license in the state of intended employment.
Otherwise, nurses and physical therapists remain in the “Schedule A” category that lists occupations with known shortages of U.S. workers, and are thus open to foreign workers.
For live-in domestic workers, most of the requirements remain the same, according to Reuben Seguritan, a member of the American Immigration Lawyers Association, except for changes in supporting documents for auditing purposes. Seguritan noted that, under the new rules, employers must maintain three key documents related to permanent residency applications for live-in domestic workers.
These include a statement describing the worker’s living conditions; the employment contract, indicating among others, the wage, hours worked, and freedom to leave the premises on off hours; and a document evidencing the foreign worker’s experience of at least one year of full-time employment. Pending cases may be withdrawn and re-filed under the Perm system, according to Seguritan.
Under the current process, it would take over five years for a foreign worker to gain permanent status, according to Evelyn Sineneng Smith, an immigration consultant.
“There is a provision in the new Perm regulations which affects so many Filipino household domestic workers and nannies and caregivers in private homes or residential care homes. Now there is absolutely no reason for Filipinos to remain as TNTs [tago ng tago or undocumented],” said Sineneng Smith.
The Department of Labor’s ETA spells out every aspect of this new system in “Labor Certification for the Permanent Employment of Aliens in the United States; Implementation of New System; Final Rule” that can be viewed at www.ows.doleta.gov/foreign/
Oh yeah, it's the old "I've got mine now I don't want anyone else getting theirs." selfishness.
Doesn't impress me.
As far as other semiskilled laborers, they benefit from the increased economic activity resulting from a plentiful labor pool.
A good citizen employee is worth far more to an employer than a good illegal one. But a bad employee is worthless to all employers, and too many bad employees use Mexicans as a scapegoat for their own inability to keep a job.
Oh yeah, it's the old "I've got mine now I don't want anyone else getting theirs." selfishness.
No its I waited to get my legal status, so should others..at least in a Nation that claims to be governed by laws and the people...
Doesn't impress me.
I don't think anyone is trying to impress you, you are so far out in left field people laugh at you...
As far as other semiskilled laborers, they benefit from the increased economic activity resulting from a plentiful labor pool.
LOl..I see economics is not your strong suit...supply and demand..less illegal labor means more demand for legal workers, more hours work and higher pay..more illegals does mean more economic spending by taxpayers to support them..its a negative economic activity...
A good citizen employee is worth far more to an employer than a good illegal one. But a bad employee is worthless to all employers, and too many bad employees use Mexicans as a scapegoat for their own inability to keep a job.
And how do you know that they are bad employees, because they want a fair wage and decent work conditions?...does that make them a bad employee to you exploitive types? Most all exploitive employers of illegal aliens use the excuse that they can't get good help..trying to justify their illegal hiring for less money.....and crying racist in the same breath......
Still waiting for you to tell me the name of your business and its location so I can help you out and have someone check your help for you...
Apparently you have never been an employer. You're exhibiting a labor union/socialist mentality in which all people are exactly alike and should be paid the identical wage regardless of their productivity.
The labor union/socialist philosophy, not cheap immigrant labor, produced the rust belt states. The most skilled employees from the rust belt states have been moving to states with high immigrant populations and getting paid top wages because they are worth it.
Houston is almost 40% Hispanic and has been number one in business growth the last three years. "Good" employees can name their price, bad ones won't keep a job any longer here than in any other place where employers are free to fire the bad ones and reward the good ones.
Nope. That's not the way it works.
Legal Permanent Residents pay U.S. income taxes.
1)there are no legal citizens/immigrants that don't want the job and will perform satisfactorily at prevailing legal wages before any permits are issued.
2) Wages for guest worker will be at prevailing rates for legal workers.
3) Employers provide mandatory health insurance.
4) Guest workers are not allowed to collect any public services, welfare, medical, education.
5) Guest workers come alone and not with children.
6)Guest workers must leave if they become pregnant and have their babies in their home country at their expense or expense of their employer here, not the taxpayer.
7) Change the law on automatic citizenship for people born in the US..must be born of legal residents in order to obtain citizenship NO more anchor babies.
8)Guest workers do not lead to permanent residence or citizenship. They will come and go at the desire of the US needs, not theirs. Permits will be valid for one year maximum, renewable for up to five years maximum at which time that alien is not longer eligible for the guest worker program.(idea is that they should plan on saving their money and returning home and working productively in their home country at the end of their time, it will also allow more people to take part for the limited 5 years instead of one person for 20 years) They are free to try and adjust their status for any other programs/visas they may qualify for, when they return home at the end of their guest worker period.
9)Taxes will be taken out of guest workers pay, they would be excluded from social security and unemployment deductions and benefits. Employers would still pay SS share to provide for the implementation of the guest worker program/employer sanctions enforcement, and keep them on an even cost basis to hiring non guest workers. Any workers comp claims would be paid according to similar wages in their home country.
10) Aliens must leave the country before applying for the guest worker program.
11) The federal enforcement of employer sanctions must be fully funded and enforced.
12)Employers caught hiring illegals will be prohibited from the guest worker program along with the present fines/imprisonment.
13) Guest worker permits will be given preference to those that speak English.
14) A criminal background check will be done on all guest workers, conviction of other than petty offenses will be grounds for exclusion.
15) Guest workers convicted of crimes will have their status revoked.
16) There will be a limit on the number of guest worker permits issued and a limit on how many can be issued to aliens from each country.
By Michelle Malkin · January 06, 2005 08:06 AM
According to this article in the Miami Herald, the Bush Administration has decided to renew the temporary work and residence permits of 248,282 "undocumented" (illegal) immigrants from El Salvador under the so-called Temporary Protected Status (TPS) program. The decision will be announced later today.
A Bush Administration official informed the Herald that the reason for renewing the permits was because El Salvador was still rebuilding after earthquakes that struck the country in January 2001, four years ago.
Ostensibly, the TPS program is supposed to allow people from countries experiencing a natural disaster or civil war to come to the U.S. temporarily. Most of the Salvadorans granted TPS status, however, were already living in the U.S. illegally before the earthquake struck. In effect, the TPS designation is amnesty by another name.
There is nothing temporary about it. As the Federation for American Immigration Reform noted when the the decision to grant TPS status was announced back in 2001, "based on the track record of TPS authorizations, it is certain that it will be anything but temporary."
In addition to illegal aliens from El Salvador, we have TPS programs for people from the following countries:
Burundi
Honduras
Liberia
Montserrat
Nicaragua
Somalia
Sudan
More background on the TPS sham here, here, and here. The official government description of the TPS program states:
During the period for which a country has been designated under the TPS program, TPS beneficiaries may remain in the United States and may obtain work authorization. However, TPS does not lead to permanent resident status.
Oh, yeah? I'll believe that when the feds tell the 248,282 "temporary" TPS permit-holders from El Salvador that it's time to go home.
http://www.michellemalkin.com/
That truism should be posted on the wall of every employer. And it applies across the board to every industry at every level, including those that employ greater numbers of immigrants.
If a good employee isn't happy he can always go down the street and a job with someone who'll pay him better. Just because someone speaks Spanish doesn't mean they are stupid. They shop the job market just like everyone else, whether they have valid immigration papers or not.
"California is 40% Hispanic and is in the toilet..."
Your government is in the toilet; your private sector is booming. Don't blame immigrants on the imcompentency of your liberal government. Texas has a conservative Republican government (thank you Karl Rove) and we don't have any of the problems California does.
Only if they're pay is over a certain level and depending on how many kids they bring in. Those with 8 to 10 kids and who earn $5.15 an hour aren't likely to pay income tax.
Dependability, honesty, ability to get along, pride in work, attitude, and all the other factors that differentiate a good employee from a bad one apply to people with brown skin just as well as people with white skin.
The days of industry-wide collective bargaining are over. People are being judged on their own merit, and naturally the ones with little merit are going to complain that their wages have been depressed. They depressed their own wages.
Like hell he will. I have ZERO problems with legal immigrants that come here to BECOME Americans and LEARN ENGLISH.
On the other hand, scumbags from Mexico sucking down our benefits and refusing to learn English can get the hell out.
Tom Tancredo has the right idea on what to do with illegals.
I assume you're talking about his guest worker proposal?
.
"I have ZERO problems with legal immigrants "
Then you should be happy that the time it takes to get a green card is being reduced from five years to five months. Right?
The days of industry-wide collective bargaining are over. People are being judged on their own merit, and naturally the ones with little merit are going to complain that their wages have been depressed. They depressed their own wages.
No people that hire illegals depress the wages and are taking my tax dollar at the same time.
Imagine for a minute that there are 10 million new doctors in the labor force, what will happen to their income? Yes some will get paid more than others, based on experience and merit, but as a whole doctors as a group will see their wages depressed by the competition. An excess of supply compared to demand. Simple supply and demand, wages will drop. Why do you think doctors, lawyers and such guard their "professions" against massive competition? It has nothing to do with skin color, something you keep trying to make out of whole cloth to justify your exploitation.
When the laws are changed they will have to come up with some new excuse. No one is fooled, least of all the Hispanic voters.
Tom Tancredo will one day be thought of the same way David Duke is thought of today.
Nice race-baiting and Race Card waving. Enjoy your next La Raza meeting, bayourod.
More American bashing from bayourod.
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