>>>>>>>>>>>>>>>>> National * Committee * on * Immigration <<<<<<<<<<<<<<<<
News Release #9508
Thursday, August 17, 1995
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The National Committee on Immigration is a coalition of Chinese Students,
Scholars & Professionals who work against the anti-immigration legislation
HR1915. For info or want to contribute please send to hr1915@math.luc.edu
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1. A Community Meeting on Immigration in Minneapolis .....................
2. Some basic facts about HR1915..........................................
3. 1-800 number to call Congress! ........................................
4. The House Bill HR1915 is marked up as HR2202, even WORSE...............
5. ACCA's Public Broadcasting System and Infor-center established ........
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1. A COMMUNITY MEETING ON IMMIGRATION In Minneapolis
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>From ACCA National HQ
NEW POLICIES COULD HURT IMMIGRANTS AND REFUGEES
The U.S. Congress is considering bills that would cut legal immigration by
one-third or more, and would make it much harder for family members to join
their relatives already in the U.S. The House has already passed a bill that
would prevent many legal immigrants from receiving help from dozens of
government programs, including medical assistance, food stamps, AFDC, job
training and housing assistance.
The Immigration Task Force invites you to:
A COMMUNITY MEETING ON IMMIGRATION
WEDNESDAY, AUGUST 23
6:00 P 8:00 p.m.
OUR LADY OF GUADALUPE CHURCH
401 Concord Street
ON CONCORD STREET NEAR THE LAFAYETTE FREEWAY
ST. PAUL
Find out:
% What is being proposed in Congress
% How these proposals would affect you, your family or people you work with
% The true facts about immigrants and their contributions
% What you can do to make your voice heard
Hear from speakers including:
KAREN ELLINGSON, Oficina Legal
JEANNE GLADER KILDOW, Borene Law Film
with welcome by STATE REPRESENTATIVE CARLOS MARIANI
~This meeting is free and open to the public.
~Spanish and Hmong translators will be available.
~Sorry, child care is not provided.
Organized by the Immigration Task Force and co-sponsored by the following
member organizations: Asian American Renaissance; Catholic Charities; Center
for Victims of Torture; Chicano Latinos Unidos en Servicio; Chrysalis, Family
Service, Inc.; Hmong American Partnership, Minnesota Advocates for Human
Rights; Urban Coalition
For more information, call Pete Rode, Urban Coalition (348-8550); Paul
Carrizales, Family Service, Inc. (222-0311) or Bee Vue, Hmong American
Partnership.
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2. Some basic facts about HR1915..........................................
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>From Luo Ning
While our community has been alarmed about the imminent immigration reform
proposed in the Congress which will drastically reduce the numbers for both
family-sponsored and employment-based immigration, many have been frustrated
by technical legal jargons and lost in the labyrinth of the immigration
legislation intricacies.
In order to present our case effectively to our colleagues and friends from
whom we are seeking help, we must know the facts and understand the situation
clearly.
In the following, I will present my dissection of the available facts and
analysis of the effects of HR1915 on both family-sponsored and
employment-based immigration categories. In order to grasp the overall
situation, I have omitted many fine details and concentrated on the big
picture. It is to be noted that this analysis does not necessarily represent
the position of the Committee on Immigration or any other entity, nor will
it intend to offer any legal advice.
Major source of information on the current immigration data presented here
is from National Immigration Forum, a leading immigration advocacy group in
Washington, DC, 220 I Street, NE #220, Washington, DC 20002,
Tel: 202/544-0004, Fax: 202/544-1905. A due appreciation is acknowledged.
I. A Note on "Numbers"
Many friends have asked many times that "how does HR1915 compare with the
current immigration law in terms of numbers in each of the categories?".
It seems that the even the experts in Washington, DC, could not give a
straight answer to that question.
The main reason for the ambiguity is that what the HR1915 proposes to change
is not just the number for each present immigration category, but to overhaul
the entire system. Many categories are eliminated altogether, and others
revamped or merged under different descriptions. Therefore, it is not
possible to have an item-by-item comparison of the HR1915 with the 1990
immigration law (which is the current law).
Another reason for the ambiguity is that the effects of a proposed
legislation on immigration will not only depend upon the comparison of its
quota numbers with the existing ones, but also on the current real numbers of
immigration in each category, as demonstrated clearly in the family-sponsored
immigration case, to be discussed in the next message. But let's first look
at the employment-based immigration since that's what most of our community
members are concerned about the most at this moment.
II. Quota Numbers on Employment-Based Immigration
THE EMPLOYMENT PREFERENCE SYSTEM allows immigrants who have skills and
talents needed in the United States to be admitted to work. Currently,
immigration law allots 140,000 employment-based visas to immigrants.
How Does the System Work? Employment-based visas are divided into the
following categories:
FIRST PREFERENCE:
Up to 40,000 visas a year may be issued to priority workers. People who
have "extraordinary ability" or who are "outstanding professors and
researchers" or "certain multinational executives and managers" fall into
this category. In addition, any visas left over from the fourth and fifth
preferences (see below) are added to this category. [The language of the
HR1915 proposal: "(A) Extraordinary immigrants.
--First, aliens with extraordinary ability, up to 15,000 each year."]
SECOND PREFERENCE:
Up to 40,000 visas a year (plus any visas left over from the first
preference) may be issued to persons who are "members of the professions
holding advanced degrees or aliens of exceptional ability".
[HR1915: "(B) Very highly skilled immigrants.
--Second, aliens with exceptional ability, who are members of the professions
holding advanced degrees, or who are multinational executives and managers,
up to 60,000 each year, plus any left from the previous category."]
THIRD PREFERENCE:
Up to 40,000 visas a year (plus any visas left over from the first and second
preferences) may be issued to skilled workers, professionals, and other
workers. The other workers category covers workers who are "capable of
performing unskilled labor" and who are not temporary or seasonal. Workers
in this category are limited to 10,000 visas per year. Skilled workers must
be capable of performing skilled labor requiring at least two years training
or experience. [HR1915: "(C) Other professionals and skilled workers.--
Third, aliens who are either other professionals with a baccalaureate degree
and at least 5 years' experience or skilled workers with at least 7 years of
training and work experience, up to 45,000 each year, plus any left from the
previous category."]
FOURTH PREFERENCE:
Up to 10,000 visas a year may be issued to certain special immigrants,
including ministers, religious workers and others. [HR1915: "(E) Certain
special immigrants. --Lastly, aliens who fall within certain classes of
special immigrants (such as religious ministers, aliens who have worked for
the Government abroad, certain long-term alien employees of international
organizations, certain dependent juveniles, and certain long-term alien
members of the Armed Forces), up to 5,000 each year."]
FIFTH PREFERENCE:
Up to 10,000 visas a year may be issued to persons who have between
$500,000 and $3 million dollars to invest in a job-creating enterprise in
the U.S. At least 10 U.S. workers must be employed by each investor. The
amount of money can vary depending on which area of the country will benefit
from the investment. If the investor alien fails to meet the conditions
specified, he or she can lose permanent resident status. [HR1915: "(D)
Investors. --Fourth, aliens who are investing at least $1,000,000 in
enterprises in the United States that will employ at least 10 workers, up
to 10,000 each year (with a 2-year pilot program for those investing
at least $500,000 in enterprises employing at least 5 workers)."]
* * * * * *
Analysis:
(1) The Fourth and the Fifth Preferences have switched the order.
(2) The "certain multinational executives and managers" in the
First Preference is moved to "multinational executives
and managers" as a part of the Second Preference.
(3) The quota changes:
First Preference: 40,000 ---> 15,000
Second Preference: 40,000 ---> 60,000
Third Preference: 40,000 ---> 45,000
Fourth Preference: 10,000 ---> 5,000 (the Fifth in HR1915)
Fifth Preference: 10,000 ---> 10,000 (the Fourth in HR1915)
------------------ ------- -------
Total: 140,000 --->135,000
(4) Significant reduction of the First Preference.
However, the real effect depends on how many "certain multinational
executives and managers" use the First Preference now and whether
"outstanding professors and researchers" will still be allowed in
the First Preference.
(5) Increase in the Second Preference, but again the real effect
depends on how many ""certain multinational executives and managers"
use the First Preference now and whether "outstanding professors
and researchers" will still be allowed in the First Preference
--- if that number is greater than 25,000, then the actual quota limit
for other categories in the Second Preference (such as most of CSP,
people with advanced degrees) will be squeezed down.
(6) Much harder requirements on Third Preference ("...professionals
with a baccalaureate degree and at least 5 years' experience or
skilled workers with at least 7 years of training and work experience"),
which effectively eliminate those students who do not have advanced
degrees (master or above) to stay in the US after graduation.
Therefore, the slight number increase in this category is
insubstantial.
(7) The qualitative descriptions of the Fourth Preference are
expanded to include more categories, but the number is cut in half.
* * * * * *
In summary, it is not a very clear-cut situation on which we could
say that the employment-based immigration is greatly reduced in number
as a whole, if the only changes are those shown above, though many
individual categories may face substantial cuts, depending on the
real numbers of current immigration in each of the categories.
However, there is a catch.
The catch is that if the family-sponsored immigration does not
have sufficient quota allocated in a particular year, then
certain employment-based immigration quota will be taken away
to meet the need of the family-sponsored immigration, up to
HALF in the investor and in the professional and skilled worker
categories.
As mentioned above, the quota numbers make sense only in light of
real numbers. Currently, there are virtually no delays in
obtaining visas in any of the preference categories with the
exception of the third preference, other workers. Successful
applicants in that category can expect to wait approximately six
years to receive their visas.
We can see that the Third Preference seems to be the major
target of the reform proposed by HR1915. Not only a whole
category ("other workers") is eliminated altogether, but also
more stringent conditions are imposed on "professional and skilled
workers". Moreover, its quota number is threatened by the
shifting-over to the family-sponsored immigration.
Although the investor category is also under the same spell,
the real effect may not be significant at the moment, because
the quota for that preference is far from filled due to the
huge amount of investment money required to satisfy the condition.
III. The Arguments About Employment-Based Immigration
The major support for further restraining the employment-based
immigration is from the white-collar workers, many of them have
been hit very hard by the deep cuts in the defense R&D due to
the end of the Cold War, and the current fashion of "down-sizing"
in the Corporate America. Hundreds of thousands of white-collar
workers (engineers, mid-level management, etc.) were fired by
large companies in the last five years. Mild economic recovery
absorbs the lowest-paid service workers quickly, but it will not
absorb the unemployed white-collar workers for a very long time,
unless there are some major changes in the "national priorities" again.
Our arguments will be:
(1) Cutting the employment-based immigration is not going to
solve the white-collar unemployment problem;
(2) Cutting the employment-based immigration is going to hurt
not only the economic and technological competitiveness of
America by turning down the influx of the best minds in the
world, but also the export opportunities brought about by
the most dynamic group of people from foreign countries.
(3) The current immigration law does have regulations to protect
the American workers.
How Are U.S. Workers Protected? Before visas can be issued in
the second and third preference categories, the employers must
first obtain a "labor certificate" from the U.S. Department of
Labor confirming that there are not sufficient U.S. workers who
are able, qualified, and willing to perform the work. The Labor
Department must also confirm that employment of the alien will not
adversely affect the wages and working conditions of U.S. workers.
The law further provides that when applying for a labor
certification, the employer must provide notice to the union
representing the employer's employees or to other workers at the
site. Any member of the public may challenge an application for a
labor certificate by showing that sufficient U.S. workers are
available to perform the work or by demonstrating that the
employer is offering wages or working conditions that adversely
affect U.S. workers.
..........................................
Questions and Anwsers:
Q: Will the advanced-degree holders be cut in half according to HR1915?
A: No.
The "professional and skilled workers" are in the THIRD PREFERENCE,
"people who hold advanced degrees or have exceptional abilities"
are in the SECOND PREFERENCE.
I do not know the current numbers, but from the cries of the
"Late-comer Students" in 1993 over the "Late-Arrival Dependents",
and from the extensive AND progressive backlog of the 3rd
preference for China, I sense that MANY CSP ARE USING THE 3RD
PREFERENCE NOW as an alternative route, even though many of them may
hold "advanced degrees". For example, it is said that those who start
their own small business may qualify as the "other workers" now, but
will not be able to get the 2nd preference, which needs university or
large company's sponsorship to get H-1 first (you have to check with
an immigration lawyer to see if this is the case).
Hence, HR1915 can affect the 2nd preference in at least two ways:
(1) Competition from "multinational executives and managers"
and aliens with "exceptional abilities (which may encompassing
the "outstanding professors and researchers" now in the 1st
preference);
(2) People with advanced degrees who would go through the 3rd
preference will HAVE TO to through the 2nd preference.
Therefore, one cannot just think that "OK, the category that I belong
to will not have much change, so I don't care", because people
who could go through OTHER channels may have to compete with you
in future if HR1915 becomes the law.
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3. 1-800 number to call Congress! .....................................
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Forwarded by ACCA HQ
Call the Congress - for free. I have tried, it works! Here is how and why.
Exxon Corporation has set up/paid for a 1-800 line to contact US Senators.
It is under the auspice of a group that wants to refine the environmental
laws and the regulatory tendency of US environmental policy. The caller
caller will be simply connected to the office of a US Senator.
1) Dail 1-800-444-1555
2) They will give you a short recorded message.
3) Follow instructions if you have a touch tone phone, public ones work
best and they have other advantages. :-)
4) Enter a zip code...they ask for yours but it doesn't have to be...it
can be anywhere in the US.
5) Make a choice of the elected politician's office you want to be
connected to.
6) When the staff person answers you are set to discuss the proposed
environmental reform regulations, OR ANY OTHER ISSUE YOU WANT!
Couple of tricks...we found they limit the number of calls to 3 from each
number. Solution: public phones are everywhere!
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4. The House Bill HR1915 is marked up as HR2202, even WORSE...............
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Forwarded by ACCA HQ
The house bill has marked up from HR1915 to HR2202, with the amendments
added. One of the amendments, "Bryant amendment on laid-off protection
for American workers" will hurt the employment-based immigration even
WORSE! The amendments offered by Rep. John Bryant requiring employers
to pay an actual wage to each nonimmigrant worker that is AT LEAST 110
percent of the arithmetic mean of the last wage earned by the laidoff
employees, for so long as the application remains active or a visa
remains in effect with respect to a nonimmigrant. What does this mean,
if the whole lot of anti-immigration HR2202 is enacted? Which means, unless
the position is NEWLY CREATED, or the previous employee retired, the
employer MUST pay 10% more to hire you, a nonimmigrant worker, as long as
you are on the waiting list for an immigrant visa. The current Immigration
law is already very tough for foreign workers. We all know how difficult
it is to obtain a Certificate from the Department Labor. Now, the new bill
will make it IMPOSSIBLE for nonimmigrants. We will inform our readers when
more detailed information is available to us.
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5. ACCA's Public Broadcasting System and Infor-center established ........
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>From ACCA HQ
ACCA's Public Broadcasting System and Infor-center for ftp and www services
have established. The Public Broadcasting System is acca-l@superprism.net.
For individual subscription, please a mail to acca-l-request@superprism.net
with "sub" or "unsub" in the "Subject:" field. If you want your local CSSA
or your organizational mailing list to re-distribute our messages, please
send your local redistribution address to hr1915@math.luc.edu. ACCA Infor
Center can be reached through anonymous ftp at superprism.net:/pub/acca,
or www at http://superprism.net/~acca. You may also visit our CBS-IC
infor-center, anonymous ftp superprism.net:/pub/cbs-ic, to learn what we
can accomplish as a community united.
ACCA has established Internet connections with hundreds of Asian Pacific
groups, Immigration Advocacy groups, and other interest groups including
Organization of Chinese Americans, National Immigration Forums, Asian
American Renaissance, based in St. Paul, Minnesota; Asian Pacific American
Legal Center (APALC), based in Los Angeles, California, and many local
Asian American students and scholars associations on campuses. ACCA is
building up the largest Internet broadcasting system dedicated to block
the anti-immigration bills.
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Editor of the issue: Johnny Gunther
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To (un)subscribe acca-l list, please write to acca-l-request@superprism.net
with "sub" or "unsub" in the "Subject:" field, from your individual or local
network redistribution account. You may also send your local redistribution
address to hr1915@math.luc.edu. Committee on Immigration needs everyone of
your support to protect our community and rights.
ACCA's HR1915 infor-center through anonymous ftp at superprism.net:/pub/acca
or www at http://superprism.net/~acca.
Also, please visit our CBS-IC infor-center, ftp superprism.net:/pub/cbs-ic
or http://superprism.net/~cbs-ic.
National Chair of ACCA, Mr. Lin Huang (A.K.A. Mi Mi Sr.)
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In Germany, they came first for the Communists and I didn't speak up because
I wasn't a Communist; then they came for the Jews and I didn't speak up
because I wasn't a Jew; then they came for the Trade-Unionists and I didn't
speak up because I wasn't a Trade-Unionist; then they came for the Catholics
and I didn't speak up because I am a Protestant; then they came for me, and
by that time no-one was left to speak up. --- Martin Niemoller ---
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