Relief For Youth Brought to the United States Illegally By Their Parents.

Relief For Youth Brought to the United States Illegally By Their Parents.

The White House announces “DEFERRED ACTION” for young immigrants that entered the United States illegally, under the age of 16 and who meet certain other criteria.  The Administration cited the youth’s unlikely public safety threat.  Many have, and will continue to argue that the actual purpose of this action is the upcoming November 2012 election.   I am not going to get into the politics of the executive order – only provide information as it becomes available.

So many have contacted me over the past 12 years asking about this issue and each time all I can do is shake my head and let them know about the Dream Act.  Well now there appears to be a 2 year fix for children, brought into the country by their parents.  Many of these children (now adults) are unable to fathom being anything but an American; yet they live under the very constant and real threat of deportation (to a country they do not know).   

So, here we go…. --

What is DEFERRED ACTION? 

A Presidential Executive Order – granting “discretionary determinations to defer removal action”.  In English please; on a case by case basis, based on evidence presented, an individual may be allowed to stay in the United States, not quite in a legal status – but not really considered illegal either.  This DEFERRED ACTION does not grant “lawful status”.    If an individual is granted deferred status they may apply and receive employment authorization for the period of the deferred status if they can demonstrate “an economic necessity for employment” [watching for details on how to demonstrate this]. 

Who is eligible?

•  Individuals brought to this country by their parents under the age of 16.
• Resided in the U.S. for at least five years preceding 06/15/2012 AND be present in the U.S. on 06/15/2012. 
• Currently be in school, have graduated from high school, obtained a GED or are honorably discharged from any branch of the U.S. Service. 
• Have not been convicted of a felony offense, a significant misdemeanor, and multiple misdemeanors or otherwise pose a security threat to the U.S.  [Background checks will be conducted]
• Not currently be over the age of 30.

What is the petition process?

It is not yet been released.  Will be watching and provide once it is made available. 

Is this a path to citizenship or permanent residency (green card)?

No.  Congress must, through the legislative process, pass a law for this to occur.

Is this DEFERRED ACTION permanent?

No – it is for 2 years, at the end of 2 years application would need to be made for a renewal of 2 more years.  They will be granted in 2 year increments.  Employment Authorization would also have to be renewed at the same time.

Can someone subject to final order of removal apply?

Yes.  Again, we are waiting for the procedures to be published.

What if I am about to be removed from the U.S. by I.C.E. and believe I am eligible for DEFERRED ACTION?

Call the Law Enforcement Support Centers hotline at 1-855-448-6903 or ICE Office of the Public Advocate at 1-888-351-4024 let them know you are about to be deported and believe you are eligible for DEFERRED ACTION.    As always when calling these hotlines, be persistent and if the first line person does not know what you are talking about request to speak to a supervisor. 

If I receive DEFERRED ACTION will I be able to travel out of the United States?

USCIS is exploring this issue.  

I am expecting to have process outlines on Monday and as more detail becomes available, I will do my best to post.   This is a bit sketchy as it was just released this morning at 11am.   

I am available to discuss this with you if the need should arise.  You can reach me through my office 972.442.4244..   –Lori 

H2b Regs from March 2011 NPRM - Side by Side Comparison

Below is a link to a side by side comparison of the current H2B regs and the new ones that are scheduled to go into effect on applications filed after April 23, 2012.  

Please understand this was produced by USDOL so t will be prejudiced in favor of the new regs.  

I wanted to get this out to you ASAP.  Rest assured I am reading and analyzing the changes to better help you understand how they will affect your business.  

US DOL Side by Side of new H2B REGS

More to come very soon !  

Lori

New H-2B Wage Rule delayed to Jan. 1, 2012 - Union move to change venue thwarted

USDOL new wage rule for H-2B will not go into effect until after January 1, 2012.  On November 18, 2011 President Obama signed into law the Consolidated and Further Continuing Appropriations Act, 2012.  Part of this Act prevents USDOL from using appropriated funds to “implement, administer, or enforce, prior to January1, 2012” the new wage rule. 

More on the US DOL New Wage rule front.  In reference to Case 3:11-cv-00445-MCR-EMT -

Unions attempt to intervene in wage determination litigation and have the venue changed from the more favorable US Northern Florida District Court to Pennsylvania have been thwarted.

On November 23, 2011 the Judge ruled that “their participation in this matter would cause undue delay, particularly considering that the applicants intend to seek certification of a class of all United States and H-2B workers affected by the challenged wage rule.  The court thus exercises its discretion to deny the applicants’ motion to intervene ….”

In case you haven’t been following as a part of a larger H2B coalition fighting the “wage rule” a lawsuit was filed on 9/27/2011 in the US Northern Florida District court questioning the legitimacy of USDOL to issue the “wage” regulations under multiple administrative acts.

 

It doesn’t mean we will prevail – but it does mean we have a great shot at it.  I will keep you informed THIS IS GREAT NEWS !!  

New H2B Wage Methodology effective date postponed to 11/30/2011

From Louisiana Senator Mary Landrieu’s office 09/22/2011:


“Given the legislative action taken by the Appropriations Committee last night, earlier today U.S. DOL informed our team that they will delay implementing the Oct. 1 effective date of the new H2B visa wage methodology rules by 60 days. DOL will announce the 60-day delay in the Federal Register next week.”

It’s official! Press release from US DOL had been issued.

DOL’s press release confirms the postponement of the effective date of the new wage rates to November 30, 2011. As a reason, they cite permitting “the various courts involved in ongoing litigation surrounding the implementation of the rule to determine the appropriate venue for the resolution of all claims and allow the department to avoid the possibility of administering the H-2B program under potentially conflicting court orders.”

This announcement was made on September 22, 2011 – just one day after Bayou Lawn & Landscape Services et al., v. Hilda L. Solis, et al., challenged the legal authority of US DOL to make such changes to the Wage methodology and accelerated effective date. The case was filed in the North District of Florida, Pensacola Division and registered as Case No. 3:11-cv-00445-MCR-EMT.

I cannot help but believe the filing of this 2nd law suit played a major role in the U.S. DOL’s decision to “postpone” the effective date.

As always, please continue to contact your Representatives in the House and Senate to support you in this Temporary Worker Program (H-2B). If you have any questions or concerns as always please feel free call.

Lori
972.442.4244 ext 102

New H2B Wage Methodology Goes Into Effect on September 30, 2011

As much as I hate to report this news to you – the new US DOL H2B Wage methodology goes into effect on September 30, 2011. According to the regs – if you currently have workers here on H2B status you must pay using the new Wage Methodology. This wage is the effective wage rate for both temporary and permanent employees with the same job descriptions as the H2B workers.


It does not seem appropriate for the wage rate to change under 20CFR655.10(d) which states that the prevailing wage received by the employer was valid for the duration of the H2B employment. Here is the rub – District Court stated in their ruling ,“ Nothing in 655.10(d),nor any related regulation, prevents the DOL from devising interim measures to reduce the impact of the deficient methodology. Thus an employer must pay a valid wage for the duration of employment, but it does not follow that an employer must continue paying that wage after it has been deemed to be the product of an invalid regulation.”

We are continuing our fight on this rule change and the as yet pending regulations. We are addressing the issue of getting you new wage rates by the end of August. If you have any questions please feel free to call me.

Lori
972-442-4244 ext 102

Our Reply to the New Wage Methodology Accelerated Implementation date

We posted our reply about 10 minutes ago and it is not up as of the posting of this blog.  I will be out of the office in a bit and wanted to make sure you each had the opportunity to read it - so I have posted it here. 

To my clients - I hope you received my email with the required action (if you didn't check your junk mail).   Here is a link to site to post your comments in case you can not find the email  Submit a comment to regulations.gov    You may contact me by calling the office - at extension 102 - and selecting the find me option.  I will be out of the office; but not unavailable.  

In case you need to refresh yourself on the change - here is your link Wage Method effective date Link

Here is our letter:

H-2B Wage Methodology Final Rule Effective Date Being Moved To October 1, 2011

The U.S. Dept. of LABOR intends to push the wage methodology final rule EFFECTIVE DATE up to October 1, 2011 instead of the January 1, 2012 date which was published in the Final Rule.

YOU MUST CALL YOUR CONGRESSMEN - WATCH FOR A PERSONAL EMAIL FROM ME WITH YOUR CONGRESIONAL CONTACTS LISTED.

We have been told by several organizations that Congress is sympathetic to your cause - but they are not hearing from you.  THEY WILL DO NOTHING IF THEY DON'T HEAR FROM YOU.


As H2B employers YOU NEED TO MAKE YOUR VOICES HEARD TODAY! TOMORROW! AND THE DAY AFTER THAT! I am asking you to pick up your phones and talk to your Congressmen and their staffs. Follow up with an email and a fax. Take 10 minutes out of your day to call them - ALL OF THEM - AT ALL OF THEIR OFFICES. Make sure they hear your frustration with the impending WAGE INCREASE.

The U.S. Dept. of LABOR intends to push the wage methodology final rule EFFECTIVE DATE up to October 1, 2011 instead of the January 1, 2012 date which was published in the Final Rule.  

Your Congressmen must be led to understand that the new methodology will increase wages beyond what is reasonable. You must explain that you do not use the H2B program because "it is easy" - you use it because "it is necessary" in order for you to find the essential legal temporary labor that is mandatory for you to operate year round. Let them know that you employ DOMESTIC Staff in their district and that those individuals' jobs are at stake along with your business.

Also ask them to intervene on your behalf and block the US Dept. of Labor's proposed rule change of March 18, 2011 from ever going into effect. Let them know that this rule will over-complicate an already complicated and costly program. So much so, that it will likely render the program useless.

I will be emailing, faxing and US mailing each of you (that are my clients) your Congressional contacts along with a template to create your own correspondence to send to them. If you are not my client and receive this - please feel free to contact me as well. You must get involved if you intend to affect change. If you have questions - I will do my best to answer them - but would prefer email as I will be working furiously on getting all this out.

Lori