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H2B Newsletter - Monthly Updates on Seasonal Labor Immigration.

 

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From the Editor's Desk

 

We do not know what is it that has affected the immigration system in the US so badly but one of the things is sure the root cause is the economy. Both the US immigrants and temporary residents feel that US is in a need for immigration reform.

 

Recently, immigrant rights advocates gathered at a Northglenn church to show their support for federal legislation that would offer a path to legalize millions of illegal immigrants.

 

Pointing to the hardship current immigration laws pose for many families, including separating families through deportation, dozens of immigrants said the country is in need of comprehensive immigration reform.

 

The meeting at the Immaculate Heart of Mary Church was attended by Congressman Jared Polis, D-Boulder, as well as by Illinois Democrat, Congressman Luis V. Gutierrez. The "Familias Unidas" immigration reform tour was part of a national effort, including 22 major cities.

 

"The United States has always been a beacon of hope and opportunity for immigrants, and our newest Americans continue to be a constant source of innovation and cultural renewal," said Polis prior to the event. "But by tearing apart hard-working families and forcing millions of immigrants into the shadows, our broken immigration system weakens our nation."

 

President Barack Obama has signaled his support for immigration reform that includes a path to citizenship for as many as 12 million illegal immigrants. Bipartisan committees have assembled to develop legislation that is expected to be brought forward by as early as the fall.

 

Critics, however, say legalizing at least 12 million illegal immigrants would lead to population explosions that would lower wages for American workers and drain the nation's resources. The nation's illegal immigrant population has been estimated to be as high as 25 million.

 

"You bring in these 20 million illegal aliens, they then get citizenship, they then become part of the workforce legally, and every American will see his or her wages go down because these people will work at any level," Frosty Wooldridge, a Louisville author and outspoken critic of expanding immigration, told the Denver Daily News in a recent interview. "All it's going to do is literally break this country financially in half. It will lower the standard of living for all middle class Americans you and me, we're screwed."

 

The "Familias Unidas" stop in Northglenn was also attended by Denver Archbishop Charles J. Chaput. The idea of the tour is to bring political and religious communities together to discuss the need for comprehensive immigration reform. The meeting Saturday was part prayer vigil, part town hall meeting, during which many immigrants spoke of hardship experienced as a result of current immigration laws.

 

Julie Gonzales, spokeswoman for the Colorado Immigrant Rights Coalition, pointed out that many immigrant families are mixed-status, meaning some are documented citizens and others are not. She said the pain of splitting those families apart can be tremendous.

 

"When the other side is talking about deporting 12 million people, a lot of the time what they're talking about is breaking up 12 million families. That's not a solution, that's not workable at all," said Gonzales. "What we're proposing is a pathway to citizenship that keeps families together, and that's going to help keep our economy back on track, and that's going to keep families together."

 

Polis added that with the current state of the economy, now is the perfect time for immigration reform.

 

"As we face growing economic and environmental challenges, we need immigration reform now more than ever to compete and thrive in the global economy," he said.

 

Reid Said We'll Fight For Immigration Reform This Year

 

Senate Majority Leader Harry Reid, D-Nev., said Thursday he would work to pass comprehensive immigration reform this year, adding to an already busy congressional agenda.

 

Senate Reid is promising immigration will be one of three major legislative priorities this year (the other two are health care reform and energy). Speaking at a press conference about Supreme Court Justice nominee Sonia Sotomayor, Reid identified immigration, health care and climate-change reform as the three main policy goals of Congress.

 

So, let us hope that when the immigration reform repairs all the broken immigration systems in the US.


 

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News Bulletin

 

Reid: We'll Fight For Immigration Reform This Year

 

Senate Majority Leader Harry Reid, D-Nev., said Thursday he would work to pass comprehensive immigration reform this year, adding to an already busy congressional agenda.

 

Senate Reid is promising immigration will be one of three major legislative priorities this year (the other two are health care reform and energy). Speaking at a press conference about Supreme Court Justice nominee Sonia Sotomayor, Reid identified immigration, health care and climate-change reform as the three main policy goals of Congress.

 

Read More News

 

 

Featured Article

 

Defining the Word Temporary for the H2B Visa Workers

 

The employers find it extremely burdensome and confusing to prove the temporariness of an occupation when it comes to hire foreign workers on H2B visa to meet their temporary work requirement. The temporary employment for H2B workers should not be confused with part-time employment which does not qualify for temporary labor certification. This article helps you understand the meaning of the word 'temporary' under the H2B visa program.

 

Read Full Article | Read More Articles

 

 

Questions and Answers

 

I came in the states with H2B. My employers on the documents are in Destin FL. I've never seen them; they are my employer only on the documents. The agency who helped me to come here told me to come in Charleston. When I came here I understood I must to work about a contractor (this is a person who find job and take 2$ per hour from my money. I have got a SSN. The hotel where I am working now wants to be my employer but they are scare to have troubles. I want to extend my H2B visa. Is it possible or not. My contractor told me I can't extend H2B visa, I only can apply to other kind of visa. Pls tell me what I can do in this situation?

 

Ans: H-2 visas allow businesses to bring in seasonal or temporary workers. When you entered the United States you are expected to work for the employer that sponsored you. The fact that you never did will be held against you. (Although I am sure the Citizenship & Immigration Services would like to find out about all the people involved in this fraud.) In fact you are in violation of your H-2 status for not working for the company that sponsored you. If your violation was discovered by the USCIS you could be removed from the United States and not be allowed another visa for a VERY LONG time.

 

To obtain a change from one visa to another without leaving the United States (assuming that you qualify to change visas categories) you may be requested to submit to the USCIS proof that you worked for the company that sponsored you. Obviously, you have no proof to offer.

 

Leaving the United States may not be what you want to do but it may be the best thing that you can do if you want to come back to the United States some day. Your situation is a difficult one and there may be other options for you based on your education, work experience, or family ties to the United States. You may want to speak to a qualified attorney in your city.

 

More Q&A

 

 

H2B Myths and Reality

 

Myth: If there are unemployed Americans then there is no need for non-immigrant workers.

 

Reality: H-2B positions are short-term positions. These jobs seldom lead to full-time, gainful employment. A presently unemployed person accepting one of these positions will more than likely be unemployed again within 3-6 months because the job has ended. The point of a job search is to find an opportunity where an individual will remain employed. In addition, a professional, who has been recently laid off, more than likely does not want to work for three months at the beach hot dog stand. Unemployed individuals are searching for circumstances that are similar to their previous work environments. Finally, many H-2B positions are in areas where unemployed individuals are not. For example, resort communities seldom have high unemployment rates because these are very transient communities. At most beach and ski resorts the actual population in these towns is very low, leaving not enough individuals to cover the peak workload. Furthermore, there are many other H-2B jobs that are located in remote areas of the country (i.e. the forests of Maine, the coast of Alaska). The bottom line is this: H-2B employers want to hire as many Americans as possible.

 

 
IN THIS ISSUE
News Bulletin
Featured Article
Questions and Answers
H2B Myths and Reality

 

 

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THE H2B QUIZ

Test your knowledge about the H-2B visa by answering The H2B Quiz question.

 

Neil is on J-1 till October 2009 and he wants to extend stay or change his status to H-2B. His current employer has petition for H-2B workers till December 2009. Can his employer put his name in the petition and change his status from J-1 to H2B? If not is there any chance for him to extend his J-1 status without going home?

 

Submit your response to the query above. The best response and the sender’s name will be published in the next Express H2B Newsletter.

 

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Winner of the THE H2B QUIZ - May 2009:

Frank Lionel

The Question:

Does the H-2B visa process require the employer to file a labor certification?

The Winning Response:
Yes the employer has to file a temporary labor certification with the Department of Labor. In order to hire any foreign worker, the employer must demonstrate, through a certification process with the DOL, that there are no qualified U.S. applicants available for the job. The DOL labor certification is designed to assure that the admission of citizens of other countries to work in this country on a temporary basis will not adversely affect the job opportunities, wages, or working conditions of U.S. workers.

 

 

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