Senate Passed $600 Million Border Security Bill and Increases H-1B and L-1 Visa Application Fees

Vol. VIII, Issue 12 - August 12, 2010

On Thursday, August 5^th, the Senate approved a $600 million emergency spending bill aimed at increasing security at the U.S.-Mexican border. The bill will fund about 1,500 new law enforcement agents, new unmanned aerial vehicles, new forward operating bases and communication equipment. The passing of the bill can be attributed to bipartisan efforts to secure the border, which Republicans deem to be the essential first step before focusing efforts on a comprehensive immigration reform. Some immigration reform activists view democratic support for increased border security as merely an appeasement of republican demands and a waste of resources. They believe that the primary focus of lawmakers should be immigration reform. The bill is to be funded by raising the fees for H-1B and L-1 visa applications. On Friday, the Senate passed a measure that will increase the visa application fees to $2,000 for sponsor companies that employ a workforce of less than 50 percent American citizens.

For more information please visit the following news websites: Senate approves $600 million in emergency border security funds and US raises H-1B, L1 visa application fee by $2000.

Politicians Take a Stance Against Birthright Citizenship

American born children of illegal immigrants may face loss of citizenship as lawmakers take a stance against birthright citizenship. U.S. Senator Lindsey Graham from South Carolina and Arizona State Senator Russell Pearce separately proposed this week that citizenship should be denied to children born in the U.S. to illegal immigrants. Senator Graham has indicated that a change to the birthright citizenship rule may even require a constitutional amendment. The theory behind this movement against “anchor babies,” the term used by Republicans to refer to children born of illegal immigrants, is the idea that obtaining U.S. citizenship for their unborn children is a major incentive for immigrants crossing the border illegally. The opposition to birthright citizenship has become a major point of discussion for republican candidates in the upcoming election.

For more information, please visit the following news website: U.S. Immigration Fight Widens to Native Born and Birthright citizenship debate reverberates in campaign races.

U.S. Department of Labor Debarred Asian Journal Publication from H-2A Visa Program

The U.S. Department of Labor (DOL) announced that the Asian Journal Publication is debarred from participation in the H-2A visa program as a result of negative findings during an investigation performed by its Wage and Hour Division. The Asian Journal made misrepresentations in its Labor Condition Application (LCA), which is required to gain approval to hire foreign workers. While its LCA stated that workers were needed to fill positions as accountants, reporters, news writers, journalists, business analysts, public relations specialists and financial analysts, in actuality, most workers were being hired to work in sales as account executives. The investigation also disclosed that Asian Journal failed to pay the required wage rate and to maintain documentation required under the H-1B visa program.

The Secretary of Labor Hilda L. Solis emphasized, “We cannot allow employers to take advantage of temporary workers who might be reluctant to come forward in such situations, nor will we allow unscrupulous employers to gain an unfair advantage over competitors who play by the rules." In addition to debarment, Asian Journal has agreed to pay a total of $473,218 in back wages to its twenty-two H-2B workers and a $40,000 civil penalty. The debarment will be effective until July 30, 2012.

For information related to the H-1B program and Fair Labor Standards Act, please visit the following DOL website at: http://www.dol.gov/whd/.

USCIS Provides Guidance to H-2A Petitions Related To Impermissible Fees

On July 27, 2010, USCIS held a teleconference with H-2A petitioners to provide an explanation regarding the regulatory prohibition against fees paid by H-2A foreign workers. The regulation permits USCIS to deny or revoke an H-2A petition where the employer, either directly or indirectly, conditions employment on the payment of a fee by the foreign worker. This prohibition broadly pertains to all such monetary fees regardless of whether the payment was made before or after approval of the petition and may even pertain to other forms of compensation. There are limited exceptions to the prohibition. For example, government-mandated passport fees, visa fees or inspection fees, and the actual cost or fair market value, which ever is less, of transportation to the employment site are considered exceptions to the regulatory prohibition (to the extend permissible under applicable law). Further, recruiters or other employment services fees are not deemed prohibited fees.

To determine whether a fee paid by a foreign worker falls within the regulatory prohibition, USCIS will consider the totality of circumstances and focus on whether the foreign worker “has or has had a meaningful opportunity and a truly independent choice to voluntarily decline the payment of fees that do not fall within any exception, and still obtain employment with a particular employer.”

Although the teleconference focused on fees related to H-2A petitions, the rules apply similarly to H-2B and nonagricultural worker classifications.

For further information, please visit the USCIS website at: USCIS Executive Summary of Teleconference on H-2A Prohibited Fees.

U.S. Department of Labor Issues Permanent Labor Certification FAQs Round 11

The U.S. Department of Labor (DOL) released a new Permanent Labor Certification (PERM) FAQ on August 3, 2010. The FAQ discusses issues related to expedited processing, how to document use of an employee referral program with incentives, submission of unsolicited documentation, and the definition of “business day” according to Office of Foreign Labor Certification.

To view of a copy of the FAQ, please visit the following website: DOL PERM FAQs Round 11.

Change of Filing Locations for Form I-140 and I-526

On August 3^rd, USCIS announced a change in filing location for Immigrant Petition for Alien Worker (Form I-140) effective immediately. Whether being filed alone or together with an Application to Register Permanent Residence or Adjust Status (Form I-485), the location for filing a Form I-140 will depend on the classification for which the petition is being filed. Form I-140s for skilled workers should continue to be submitted to either the Nebraska or Texas Service Centers. Form I-140s accompanied by a Request for Premium Processing Services (Form I-907) should also continue to be filed with the Nebraska or Texas Service Centers. All other Form I-140s should be submitted to the USCIS Dallas Lockbox facility.

Similarly, beginning August 3^rd, petitioners filing an Immigrant Petition by Alien Entrepreneur (Form I-526) must mail their forms to the USCIS Dallas Lockbox facility. This is the case regardless of the location of the new commercial enterprise to be invested in by the foreign investor.

Improperly filed Form I-140s and I-526s that should have been mailed at the USCIS Dallas Lockbox facility will be forwarded to the lockbox facility until September 17, 2010. After that date, improperly filed I-140s and I-526s will be returned to the petitioner as improperly filed.

For detailed guidance on filing the new Form I-140 (dated June 14, 2010), please visit the following USCIS website: Immigrant Petition for Alien Worker. For detailed guidance on filing the new Form I-526 (dated April 21, 2010), please visit the following USCIS website: Immigrant Petition by Alien Entrepreneur.

H-1B Program Cap Count Update (July 30, 2010)

The H-1B program allows U.S. businesses to employ foreign workers to perform services in specialty occupations that require technical expertise in specialized fields, such as scientists, engineers, or computer programmers.

The FY 2011 cap amount for the regular H-1B visa category is 65,000. However, not all H-1B petitions are subject to this cap. Up to 20,000 H-1B petitions are exempt under the H-1B advanced degree exemption. This exemption applies to petition beneficiaries who have obtained a U.S. master’s degree or higher. According to the July 30, 2010 USCIS cap count for FY 2011, 27,300 regular H-1B petitions and 11,600 advanced degree H-1B petitions have been accepted or are still pending.

For more information on the H-1B program, eligibility and filing requirements, please visit the following USCIS websites: H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models and H-1B Fiscal Year (FY) 2011 Cap Season.

H-2B Program Cap Count Update (July 30, 2010)

The H-2B Temporary Non-agricultural Workers Program permits U.S. employers to fill temporary nonagricultural jobs by bringing foreign workers to the United States. The current statutory cap on the H-2B visa category is 66,000 employments per fiscal year. This cap amount is divided equally between the two halves of the fiscal year; 33,000 visas are reserved for the first half of the fiscal year (October 1 to March 31) and another 33,000 are reserved for the second half (April 1 to September 30). Although there is no carry-over of unused employment spots from one fiscal year to another, unused cap numbers from the first half of the fiscal year can be filled during the second half of the fiscal year.

Not all H-2B petitions are subject to the statutory cap amount. In general, H-2B workers who apply to extend their stay are exempt from the cap. Likewise, the spouse and children of H-2B workers who qualify under the H-4 nonimmigrant classification are exempt from the cap. Further, H-2B workers who apply for the employment as fish roe processors, fish roe technicians and/or fish roe processing supervisors, or perform labor or services in the Commonwealth of Northern Mariana Islands and/or Guam between November 28, 2009 until December 31, 2014 are exempt from the statutory cap.

Currently, USCIS is accepting H-2B petitions for both FY-2010 and FY-2011. The July 30, 2010 USCIS cap count shows that 28,833 petitions have been approved for the second half of FY-2010 and 1,677 petitions have been approved for the first half of FY-2011. The number of pending petitions for both fiscal years is 811.

For more information on the H-2B Program, eligibility and filing requirements, please visit the following USCIS websites: H-2B Temporary Non-Agricultural Workers and Cap Count for H-2B Nonimmigrants.

American Immigration Lawyers Association Sues the Department of Homeland Security and U.S. Citizenship and Immigration Services for Public Disclosure

Vol. VII, Issue 29 - July 29, 2010

On July 20, 2010, The American Immigration Council’s Legal Action Center (AIC) filed a lawsuit against the Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS) on behalf of the American Immigration Lawyers Association (AILA). AILA seeks public disclosure of rules and guidelines related to the H-1B visa application review process. The H-1B visa program allows U.S. businesses to temporarily employ foreign workers to perform services in high-skilled occupations that require theoretical and technical expertise in specialized fields, such as scientists, engineers, or computer programmers. Since 2008, USCIS has significantly increased oversight over the program and has employed stricter procedures for review of H-1B applications. However, the USCIS failed to provide to the public the rules and guidelines necessary for H-1B applicants to successfully meet the requirements and expectations of the agency. The current lawsuit stems from USCIS’s complete denial of AILA’s two Freedom of Information Act (FOIA) requests seeking public release of those documents. AILA contends that the wholesale denials of the two FOIA requests are contrary to President Obama’s promise of a more open and transparent

USCIS Releases Clarifying Guidance on “O” Petition Validity Period

The O-1 nonimmigrant visa is divided into two sub-categories. The O-1A visa permits nonimmigrant working visas to individuals who possess an extraordinary ability in the sciences, education, business, or athletics. The O-1B visa applies to those who possess extraordinary ability in the arts or have demonstrated record of extraordinary achievement in the motion picture or television industry. The validity period for an O-1 petition is gauged by the specific period of time required to perform or participate in the event for which the foreign individual is employed. The initial validity period may not exceed a period of three years and any necessary extension of stay will be determined and granted by the USCIS in increments of up to one-year periods. Although an O-1 petition beneficiary may remain in the U.S. for a period of up to 10 days prior to the commencement of the validity period and 10 days after its termination, he or she may engage in employment only during the specified validity period.

On July 20, 2010, the USCIS released a policy memorandum providing clarifying guidance for USCIS O-1 petition adjudicators. The memo addresses the issue of when to consider an event with a period of “gap” in between as a single event for purposes of the O-1 petition and when to consider them separate events requiring additional petitions. This issue typically arises in the context of employment that entails multiple activities, such as tours and lecture series. The memo states that there is no statutory or regulatory requirement that an itinerary with a gap of a certain number of days must be deemed separate events. The memo highlights the policy that adjudicators of O-1 petitions “should evaluate the totality of the evidence submitted to determine if the activities described in the itinerary are related in such a way that they would be considered an “event” for purposes of the validity period.”

For more detailed information on the guidance memo, please visit the following USCIS website:
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/July/guidance-O-petition-gap_memo-07-20-10.pdf

H-1B Program Cap Count Update (July 16, 2010)

The H-1B program allows U.S. businesses to employ foreign workers to perform services in specialty occupations that require technical expertise in specialized fields, such as scientists, engineers, or computer programmers.

The FY 2011 cap amount for the regular H-1B visa category is 65,000. However, not all H-1B petitions are subject to this cap. Up to 20,000 H-1B petitions are exempt under the H-1B advanced degree exemption. This exemption applies to petition beneficiaries who have obtained a U.S. master’s degree or higher. According to the July 16, 2010 USCIS cap count for FY 2011, 25,300 regular H-1B petitions and 11,000 advanced degree H-1B petitions have been accepted or are still pending.

For more information on the H-1B program, eligibility and filing requirements, please visit the following USCIS websites: H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models and H-1B Fiscal Year (FY) 2011 Cap Season.

H-2B Program Cap Count Update (July 16, 2010)

The H-2B Temporary Non-agricultural Workers Program permits U.S. employers to fill temporary nonagricultural jobs by bringing foreign workers to the United States. The current statutory cap on the H-2B visa category is 66,000 employments per fiscal year. This cap amount is divided equally between the two halves of the fiscal year; 33,000 visas are reserved for the first half of the fiscal year (October 1 to March 31) and another 33,000 are reserved for the second half (April 1 to September 30). Although there is no carry-over of unused employment spots from one fiscal year to another, unused cap numbers from the first half of the fiscal year can be filled during the second half of the fiscal year.

Not all H-2B petitions are subject to the statutory cap amount. In general, H-2B workers who apply to extend their stay are exempt from the cap. Likewise, the spouse and children of H-2B workers who qualify under the H-4 nonimmigrant classification are exempt from the cap. Further, H-2B workers who apply for the employment as fish roe processors, fish roe technicians and/or fish roe processing supervisors, or perform labor or services in the Commonwealth of Northern Mariana Islands and/or Guam between November 28, 2009 until December 31, 2014 are exempt from the statutory cap.

According to the July 16, 2010 USCIS cap count for the second half of FY 2010, 28,539 petitions have been approved and 1,615 petitions are still pending.

Arizona’s New Immigration Law Faces Opposition in Federal Court

Vol. VII, Issue 20 - July 20, 2010

On Tuesday, July 6, the Department of Justice, with the support of the Obama Administration, filed a lawsuit against Arizona to challenge the state’s new immigration law, SB-1070, which was passed back in April 23, 2010. In its brief, the Department stated, “the Constitution and federal law do not permit the development of a patchwork of state and local immigration policies throughout the country.” The Department further stated that SB-1070 would place considerable burdens on federal agencies by diverting federal resources away from high-priority targets, such as aliens with criminal record, and those associated with terrorism, drug smuggling and gang activity. The law’s enforcement provisions would result in harassment and detention of foreign visitors and legal immigrants, as well as U.S. citizens, who cannot readily prove their citizenship status. U.S. Attorney General, Eric Holder, emphasized, “Setting immigration policy and enforcing immigration laws is a national responsibility.” The law is viewed as exceeding constitutional boundaries by usurping the federal government’s authority to make and enforce immigration laws. The Department requested a preliminary injunction to enjoin enforcement of the law, which is set to go into effect on July 29, 2010.

The Arizona law, viewed by both critics and proponents to be among the broadest and most stringent immigration measure ever passed, would require police to check the immigration status of anyone they lawfully stop or arrest if they reasonably suspect them to be an alien who is in the country illegally. The law would grant police broad powers to detain aliens suspected of being in the country unlawfully. It would also criminalize an immigrant’s failure to carry immigration documents and grants Arizona residents the right to sue state and local agencies and officials for strict enforcement of SB-1070. Critics of the legislation argue that the law promotes racial profiling, while proponents claim that the Arizona law merely enforces existing federal immigration law.

On Thursday, July 15, U.S. District Court Judge Susan Bolton heard oral arguments for the first of seven lawsuits against Arizona. The lawsuit was brought by Phoenix police officer, David Salgado, who argued that the new law would require him to use racial profiling in determining who is and is not an illegal alien. He stated that his failure to do so can subject him to termination of employment or lawsuits by those who claim their immigration status check was motivated by their race and ethnicity. Although she did not rule on whether to dismiss the lawsuit or enjoin the law from taking effect, she is scheduled to hear arguments this week in the other lawsuits, including the one brought by the Department of Justice.

For more information on the Department of Justice lawsuit, please visit the DOJ website at http://www.justice.gov/opa/pr/2010/July/10-opa-776.html.

H-1B Program Cap Count Update

The H-1B program allows U.S. businesses to employ foreign workers to perform services in specialty occupations that require technical expertise in specialized fields, such as scientists, engineers, or computer programmers.

The FY 2011 cap amount for the regular H-1B visa category is 65,000. However, not all H-1B petitions are subject to this cap. Up to 20,000 H-1B petitions are exempt under the H-1B advanced degree exemption. This exemption applies to petition beneficiaries who have obtained a U.S. master’s degree or higher. According to the July 9, 2010 USCIS cap count, 24,800 regular H-1B petitions and 10,600 advanced degree H-1B petitions have been accepted or are still pending.

For more information on the H-1B program, eligibility and filing requirements, please visit the following USCIS websites: H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models and H-1B Fiscal Year (FY) 2011 Cap Season

H-2B Program Cap Count Update

The H-2B Temporary Non-agricultural Workers Program permits U.S. employers to fill temporary nonagricultural jobs by bringing foreign workers to the United States. The current statutory cap on the H-2B visa category is 66,000 employments per fiscal year. This cap amount is divided equally between the two halves of the fiscal year; 33,000 visas are reserved for the first half of the fiscal year (October 1 to March 31) and another 33,000 are reserved for the second half (April 1 to September 30). Although there is no carry-over of unused employment spots from one fiscal year to another, unused cap numbers from the first half of the fiscal year can be filled during the second half of the fiscal year

Not all H-2B petitions are subject to the statutory cap amount. In general, H-2B workers who apply to extend their stay are exempt from the cap. Likewise, the spouse and children of H-2B workers who qualify under the H-4 nonimmigrant classification are exempt from the cap. Further, H-2B workers who apply for the employment as fish roe processors, fish roe technicians and/or fish roe processing supervisors, or perform labor or services in the Commonwealth of Northern Mariana Islands and/or Guam between November 28, 2009 until December 31, 2014 are exempt from the statutory cap.

For more information on the H-2B Program, eligibility and filing requirements, please visit the following USCIS websites: H-2B Temporary Non-Agricultural Workers and Cap Count for H-2B Nonimmigrants.

The New 2010 Final Rule for H-2A Program

On March 15, 2010, the new 2010 Final Rule for the H-2A Temporary Agricultural Worker’s Program became effective. The enactment of the 2010 Final Rule was motivated by the Department of Labor’s conclusion that the 2008 Final Rule provisions dealing with wages and protections for temporary foreign and domestic workers needed improvement. The H-2A program permits U.S. employers to bring foreign workers to the United States to fill temporary agricultural jobs for which U.S. workers are not available. The H-2A nonimmigrant visa classification applies only to temporary or seasonal agricultural labor or services in the United States.

On July 8, 2010, the Department of Labor (DOL) announced that the new National Electronic Job Registry is now operational for the public to access H-2A job postings by the DOL through the internet. Public access to the job registry will be available through the iCERT Visa Portal System at http://icert.doleta.gov. The job registry is part of the DOL’s efforts to fulfill its regulatory obligations under the Final Rule and to uphold its commitment to government transparency and public access to information.

Some of the key provisions of the 2010 Final Rule include:

• Restoring the use of the USDA Farmer Labor Survey as the means to determine accurate and fair wage for farm and livestock workers, resulting in increased wages. The 2008 Final Rule used a wage formula that produced inaccurate wage information and resulted in a decrease of wages of over $1.00 per hour for workers throughout the program.


• Employers must provide documentation to the DOL establishing their compliance with the requirement of searching for qualified U.S. workers before bringing in foreign H-2A workers.


• Employer-provided housing for H-2A workers must be inspected and approved as safe and healthy quarters prior to the issuance of labor certifications.


• Employer-provided transportation must meet Federal standards for vehicle safety, vehicle insurance and driver licensure standards.


• Provide public access to H-2A job orders through a national electronic job registry.

18-Month Extension Temporary Protected Status for El Salvador

The U.S. Citizenship and Immigration Services (USCIS) extended the Temporary Protected Status (TPS) for El Salvador from the current deadline of September 9, 2010 to March 9, 2012. The extension enables current El Salvadoran TPS beneficiaries to re-register during the re-registration period (July 9 - September 7, 2010) and apply for a new Employment Authorization Document (EAD). USCIS will automatically extend existing EADs held by El Salvadoran TPS beneficiaries for a period of 6-months ending in March 6, 2011. The 6-month EAD extension will prevent lapse in employment authorization during the re-registration process. Eligible TPS beneficiaries who wish to re-register must file both the I-821, Application for Temporary Protected Status, and I-765, Application for Employment Authorization.

For more information on the TPS extension and re-registration filing requirements, please visit the following USCIS websites: 18-Month Extension of Temporary Protected Status for El Salvador and Temporary Protected Status Designated Country - El Salvador.

6-Month Extension of Temporary Protected Status Registration Period for Haiti

The U.S. Citizenship and Immigration Services (USCIS) extended the Temporary Protected Status (TPS) registration period deadline for Haiti from July 20, 2010 to January 18, 2011. The 18-month TPS designation for Haiti began on January 21, 2010 and will last until July 22, 2011. TPS designation only applies to Haitians who have continuously resided in the United States since January 12, 2010. TPS does not apply to Haitians who arrived in the Unites States after January 12, 2010. TPS applicants must file both the I-821, Application for Temporary Protected Status, and I-765, Application for Employment Authorization.

For more information on the TPS registration extension and filing requirements, please visit the following USCIS websites: USCIS Announces Six Additional Months for Haitian Nationals to Seek Temporary Protected Status and TPS Designated Country - Haiti.

Arizona House of Representatives passes one of the toughest anti-immigration legislations

Arizona House of Representatives passes one of the toughest anti-immigration legislations in the nation, requiring police checks.

The sweeping bill, SB 1070, passed by the Legislature on Tuesday makes it criminal to lack proper immigration paperwork, and further enables the police to determine immigration status of individuals. The law would make it illegal for people from soliciting work as day laborers.

See here for details.

http://www.latimes.com/news/nation-and-world/la-na-arizona-immigration15-2010apr15,0,2408813.story

U.S. Immigration and Customs Enforcement agency (ICE) arrested 47 people in a smuggling network

The U.S. Immigration and Customs Enforcement agency (ICE) arrested 47 people in a smuggling network that hauled thousands of illegal immigrants across the US. The owners and employees of five Arizona commercial shuttle companies were among those arrested in a year-long operation involving US and Mexican police.

See the link below for details.

http://www.reuters.com/article/idUSTRE63E6AK20100415

President Obama’s Statement on Comprehensive Immigration Reform

President Obama announced last week that his commitment to comprehensive immigration reform (CIR) is “unwavering,” and that he would proceed with an overhaul of the immigration system this year if he could attract necessary Republican support. After meeting with Senator Charles E. Schumer, Democrat of New York, and Senator Lindsey Graham, Republican of South Carolina, on March 11, 2010, the President stated that he will pursue his efforts in trying to move forward a proposal to fix our broken immigration system.

It is true that the President reaffirmed his "unwavering" commitment to comprehensive immigration reform, but he did not actually commit the Administration to doing anything specific at the present time. Rather, the President’s carefully worded statement made clear that it is unlikely that he will do anything about the broken immigration system until it is politically feasible. For now, Congress is fully preoccupied with a bitter partisan fight over health care reform and is not likely to be receptive to an immigration overhaul as the November election nears.

So, is CIR off the table this year? This question needs to be analyzed. CIR could still happen if the American people demand it. Congress could still embrace CIR if it is in its political interest. The President's statement referring to his meetings on Thursday was, "I also heard from a diverse group of grassroots leaders from around the country about the growing coalition that is working to build momentum for this critical issue. I am optimistic that their efforts will contribute to a favorable climate moving forward." This could mean that an overhaul of the broken immigration system is still possible if there is an organized grass roots support, to bring about the necessary votes.

There are some actions in the nation’s capital on the horizon. Next week, on Sunday, March 21, tens of thousands are expected to demand immigration reform at a rally in Washington. This may create the "momentum" that politicians, including President Obama, need to move forward on immigration reform. Millions of Latino voters who came out so heavily for him in 2008 will be critical in the midterm elections. Equally, it is important that the coalition of business, labor, religious organizations and others move toward building and maintaining the "momentum" beyond March 21 event. Our country cannot continue to tolerate a broken immigration system that prevents American businesses from engaging in effective global competition and further exploits and criminalizes undocumented workers.

To improve the passage of CIR, most recently, it has been reported that Senators Schumer and Graham are considering the inclusion of a requirement that all Americans (both citizens and immigrants alike) carry a biometric social security card to prove their ability to work lawfully in the U.S. These cards could contain information like fingerprints or a scan of the veins in a cardholder’s hand. This system, of course, could present serious privacy concerns.

Senator Graham's partisan message last week that immigration "could come to a halt for the year if health care reconciliation goes forward", is to be noted but may not carry any teeth; we will know better if and when the health care bill is passed. And while labor groups and immigration advocates want to involve Senate Minority Leader Mitch McConnell and House Republican leader John Boehner, as well, they could very well feel the same. It is very unfair to the American people, particularly business and families, to use immigration reform as a bargaining chip against health care.

Fixing immigration requires bipartisan support. A lot of Republicans and conservatives have argued that reform is good for business and family reunification, strengthens national security, and pleases Latino voters.

Mr. Graham and Mr. Schumer are working on a grand bill that may or may not materialize this year. With the midterm elections approaching and the Obama administration just sitting there, the odds for an immigration bill look grim.

As The New York Times reported, “unless Republicans come around, Mr. Obama pulls some political capital from his depleted account, or Mr. Schumer and Mr. Graham pull off some legislative magic, we may be headed for another stalemate”.

There is one possible game changer: an immigration march in Washington planned for March 21, designed as a last-ditch effort to put reform on the agenda. There is nothing like 100,000 angry, frustrated, impatient marchers, representing millions of voters, to focus the Congressional and presidential mind, if it’s not too late. Hopefully, this march will create a new "momentum" for CIR.