Washington D.C. – During its nine-year history, issues have arisen with respect to restrictions on counsel by the Department of Homeland Security’s immigration agencies. Tuesday, in response to calls from the American Immigration Council and the American Immigration Lawyers Association, the U.S. Citizenship and Immigration Services (USCIS) issued immediate, comprehensive changes to their policies to ensure an appropriate role for attorneys in the immigration process.

Many noncitizens are forced to navigate the immigration process without representation because they cannot afford an attorney.  But even persons who can afford one, or are represented by a pro bono attorney, have at times faced severe restrictions on their representation.  This is particularly troublesome given the significant power USCIS officers wield.  For example, they decide whether a noncitizen is entitled to stay in the U.S. or not.  The assistance of an attorney well versed in the complexities of immigration law can help safeguard the rights of these noncitizens and ensure just outcomes.   

By revising its guidance, USCIS has responded to some of the most serious access concerns.  For example, the new guidance provides that an attorney generally may sit next to his or her client during an interview, may be permitted to submit relevant documents to the USCIS officer, and may raise objections to inappropriate lines of questioning. 

The American Immigration Council looks forward to commenting on the new guidance and working with the agency to make sure it is followed.  The other immigration agencies – Customs and Border Protection and Immigration and Customs Enforcement – should take note of USCIS’s commitment to improving access to counsel and take similar steps to recognize the meaningful role that attorneys play in protecting noncitizens’ rights.

To view the guidance see: 

• The Role of Private Attorneys and Other Representatives; Revisions to Adjudicator’s Field Manual (AFM) Chapters 12 and 15; AFM Update AD11-42

Proposed Changes to Unlawful Presence Waiver Rules

Washington D.C. – Today, the Immigration Policy Center is pleased to re-release our 50 state fact sheets updated with the most current government and academic data available. In addition to the fact sheets, we have added 50 state infographics which highlight the top data points of each state in a graphic format.

The fact sheets and infographics are a synthesis of current government and academic data which highlight the growing economic and political power of immigrants, Latinos, and Asians in each of the 50 states. These materials are free for download, printing and distribution, and can be shared via social media or on your website.

Click hereto find your state’s infographic.  

• The Economic and Political Impact of Immigrants, Latinos and Asians State by State (IPC Fact Sheets, January, 2012)

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For more information contact Wendy Sefsaf at wsefsaf@immcouncil.org or 202-507-7524.

Immigrant Entrepreneur Award
Honoring an immigrant business owner who has founded a highly successful business in DFW and who serves as a model and inspiration of success.

Immigrant Professional Excellence Award
Honoring an immigrant who has demonstrated significant professional achievements in their field and whose advancements in their field have positively impacted their profession or community.

Immigrant Spirit Award
Recognizing an immigrant civic leader or elected official who has contributed substantially to the community or the region.

Immigrant Advocate Award
Recognizing a leader who has made a positive impact on the lives of immigrants, and who advocates on behalf of immigrants.  Nominee may be an individual, an organization, a business, a governmental or community entity, or a non-profit organization.

Award winners will be announced and honored at a luncheon on Thursday, March 22, 2012 at the Addison Conference Centre, 15650 Addison Road, Addison, TX 75001.  Last year, this well-attended event received widespread media attention from public radio, Dallas Morning News, Dallas Business Journal, and other local media.  

Our nomination form is quick and easy to complete.  If you are interested or know of anyone who qualifies for any of these awards, please submit a nomination.  If you submitted a nomination form last year, we encourage you to re-submit and provide us with an update. Self nominations are accepted!

Click this link for the Nominations Form, 2012 Immigrant Journey Awards

Nomination Deadline: 5:00 p.m., Monday, January 16, 2012

Former award winners include:  Jose Fuentes and Gloria Rubio of Gloria’s Restaurant, Baku Kshatriya of ECOM Consulting, Mayor Joe Chow of Addison, Oscar Pareya of FC Dallas,  Raul Mateo Magdaleno of Southern Methodist University, Muthu Mudaliar, Muthu Financial Services

Proceeds will go to the establishment of The Badmus American Dream Scholarship Fund, honoring a top DFW-area high school student who is an American immigrant or first generation American.

First, there’s a limited number of employment based immigrant visas (green cards) issued each year because of the heavy demand. Some people wait for years! Processing time depends on the date you applied. So the longer you wait, the longer it will take to get your green card. There is already a long waiting list right now for green cards for physicians from India and China. And in fact, a recent bill in Congress, H.R. 3012 – Fairness for High-Skilled Immigrants Act, could create a two or three year waiting list for physicians and others from ALL countries if it becomes law! Even if the bill does not pass, acting now will start the process sooner and could cut years of waiting for your green card.   Click this link for more information about green card quota.  

Second, one way to get a green card is through PERM labor certification. But the employer must prove that qualified U.S. citizens or permanent residents are not available for your job. So if a qualified U.S. citizen applies for your job, you miss out on your green card! In today’s economy, there are potentially more applicants than ever. But this time of the year is still very slow for recruitment, especially for physicians, so starting now will increase your chances of securing your green card.

 Finally, immigration rules are constantly changing and not always for the better. Indeed, the government can make getting a green card harder or longer, or even eliminate the opportunity altogether! However, in most cases, the government can’t change the rules on you if you are already in the process. So act now and avoid new, unfavorable rules that can delay your green card.    

To get started – just call toll-free 888-849-9104 or email immigration@badmuslaw.com to schedule a brief consultation and start the process to get your green card.

Washington D.C. – Today, the Immigration Policy Center releases, Our American Immigrant Entrepreneurs: The Women by Susan Pearce, Elizabeth Clifford and Reena Tandon.  Today, immigrant women entrepreneurs are in every region of the United States. In 2010, 40 percent of all immigrant business owners were women—1,451,091 immigrant men and 980,575 immigrant women. That same year, 20 percent of all women business owners were foreign-born.

In a tele-briefing to release the report, author Susan Pearce noted “This report is the result of our research into that less-visible population that is starting various enterprises every day. Why do we focus on women? Not only does the image of a woman not come to mind when one hears the word “immigrant,” but their particular experiences are under-represented in reports on immigration. We also equally emphasize these women’s nonmaterial contributions. Women immigrant entrepreneurs are providing training for the next generation, supporting charities and activism through their volunteer contributions and anchoring communities.”

Entrepreneur Rubina Chaudhary, president of MARRS Services, Inc., a Management, Engineering, and Environmental firm discussed her enterprise. “MARRS employs 50 full time and part-time professional and support staff of which 78% are U.S. citizens, 54% are U.S. born citizens and 36% are women. I am grateful for the opportunities that I, an immigrant woman in the U.S., have had to not only achieve my goal of providing for my children’s education but also to have the opportunity to create jobs and help others, native born and immigrants, men and women, students and entrepreneurs.”

Entrepreneur Yolanda Voss of Yolanda Voss Fashion Gallery shared her story. “I came to the land of my dreams in 1962 and my goal was to become a prominent designer. In 1980, Yolanda Voss Studio International became incorporated. In 1991, I opened Yolanda Voss Fashion Gallery. The latest recession has affected our market, but I remind myself that effort, dedication and the incorporation of new ideas will bring a return to prosperity. I continue to be an active member of my community, offering scholarships, internships and lectures to inspire the creative spirit of new designers in our nation.”

To view the report in its entirety, see:

• Our American Immigrant Entrepreneurs: The Women by Susan Pearce, Elizabeth Clifford and Reena Tandon (IPC Special Report, December 2011)  

Adapted from Immigration and Women: Understanding the American Experience available at http://nyupress.org/

OSC enforces the anti-discrimination provision of the Immigration and Nationality Act (INA), which requires employers to treat all authorized workers in the same manner with respect to hiring, firing or recruitment or referral for a fee, regardless of their citizenship status or national origin. The law also prohibits discrimination during the Form I-9 and E-Verify processes.

Participation in the hour-long webinars is free and open to all. A webinar scheduled for 3:00 P.M. EST on Dec. 15, 2011, will advise employers and HR professionals on how to avoid workplace discrimination.

We are excited to add webinars to our toolkit as a means of educating workers about their rights and employers about their responsibilities under the INA, and to reach these audiences nationwide.” said Thomas E. Perez, the Assistant Attorney General in charge of the Civil Rights Division. “Federal law prohibits discrimination in the employment eligibility verification process, and the Justice Department is committed to enforcing the law.
For more information about protections against employment discrimination under the immigration law, call OSC’s worker hotline at: 1-800-255-7688 (1-800-237-2525, TDD for the hearing impaired); call OSC’s employer hotline at: 1-800-255-8255 (1-800-362-2735, TDD for the hearing impaired); send e-mail to:  osccrt@usdoj.gov or visit OSC’s website at www.justice.gov/crt/about/osc . If you wish to schedule a webinar for a large or specialized group, please contact OSC’s Public Affairs Specialist Terry Scott, at Terence.j.scott@usdoj.gov. For reasonable accommodation requests relating to webinars, contact Lyn Sowdon at Lyn.Sowdon@usdoj.gov.

The department’s independent investigation revealed that the medical center engaged in a pattern or practice of subjecting newly hired non-U.S. citizens to excessive demands for documents issued by the Department of Homeland Security in order to verify and re-verify their employment eligibility, but did not require U.S. citizens to show any specific documentation. The Immigration and Nationality Act’s (INA) anti-discrimination provision prohibits employers from placing additional documentaryburdens on work-authorized employees during the hiring and employment eligibility verification process based on their citizenship status or national origin.

“All workers who are authorized to work in the United States have the right to work without encountering discrimination because of their immigration status or national origin,” said Thomas E. Perez, Assistant Attorney General for the Justice Department’s Civil Rights Division. “We are committed to vigorously protecting authorized workers from discrimination in the hiring process and ensuring that employers uphold their obligations under the law.”

The complaint seeks a court order prohibiting future discrimination by the respondent, monetary damages for any individuals harmed by the respondent’s actions, and civil penalties.

The Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA, which protects work-authorized individuals against discrimination in hiring, firing and recruitment or referral for a fee on the basis of citizenship status and national origin. The INA also protects all work-authorized individuals from discrimination in the employment eligibility verification process and from retaliation.

-From the Department of Justice