Cuba and U.S. meet on immigration

The Associated Press reports that U.S. and Cuban diplomats met in Havana to discuss immigration issues.  The talks focused on a 17-year-old agreement under which the United States issues 20,000 visas to Cubans each year. 

The two sides also discussed some more contentious issues.  Americans expressed their concern over the detention of Alan Gross, an American subcontractor jailed in Cuba for over a year for suspicion of spying.  Cuban officials complained that a U.S. policy which allows any Cuban reaching American soil to remain there encourages human trafficking.  Despite these issues, Cuba issued a statement saying that the meeting ‘developed in an atmosphere of respect.’

http://www.dailybulletin.com/ci_17076120

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E-Verify use doubles in 2010

The Orlando Business Journal reports that for the fiscal year ending September 30^th, 2010, the E-Verify system processed 583,052 queries compared to 241,328 in the previous year.  E-Verify allows employers to verify the immigration status of their employees by entering their I-9 information into a federal database.  Use of the program is expected to become more common over the next few years, especially because ten states now require their agencies and contractors to use it. 

http://www.bizjournals.com/orlando/print-edition/2011/01/14/e-verify-use-doubles-in-2010.html

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Department of Labor issues new H-2B rule

Immigration Works USA reports that the Department of Labor issued a new rule that will require employers to pay H-2B workers whichever is higher: the federal, state, or local minimum wage.  The rule will take affect in January 2012.  In some sectors, H-2B wages are expected to rise as much as 50 percent.

http://www.immigrationworksusa.org/uploaded/1-24%20BNA%20-%20DoL_issues_final_H-2B_rule.pdf

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Arizona-style immigration law passes in Mississippi

Fox News Latino reports that an immigration law that would allow state law enforcement to check the status of people they suspect to be illegally present immigrants has passed the Mississippi state legislature.  Although a number of other states are considering bills based on Arizona’s law, Mississippi is the first state to pass such a bill.  The bill passed the House 77-40 after it had passed the Senate 34-15 nine days earlier.  The Senate version would have allowed people to sue cities, counties, or law enforcement officers for allegedly failing to enforce immigration laws, but the House version removed these lawsuits but would allow suits against employers.  The two chambers must agree on a single version before Governor Haley Barbour can sign the legislation into law.

http://www.thestatecolumn.com/articles/arizona-style-immigration-law-passes-in-mississippi-barbour-may-face-decision/

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U.S. H-1B visa reaches mandated cap of 65,000

USCIS reports that applications for U.S. H-1B visas have reached the congressional mandated cap of 65,000 for the current fiscal year.  There were more than 11,000 H-1B visas still available at the end of 2010, but USCIS received an unusually high number of petitions in the first four weeks of 2011.  USCIS announced that January 26^th was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in the fiscal year 2011.  However, USCIS will continue to accept and process petitions that are exempt from the cap. 

USCIS.gov

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Arizona legislation targets automatic citizenship

The Associated Press reports that Arizona State Representative John Kavanaugh proposed legislation that challenges automatic citizenship for children of illegally present immigrants.  Kavanaugh said the goal is not to have other states follow suit by enacting similar laws, but rather bring the dispute to the courts in hopes of reducing the costs associated with granting automatic citizenship.  Similar legislation was filed in the Indiana General Assembly by Republican Rep. Eric Koch.

Opponents of the proposal say that it won’t significantly help Arizona’s immigration woes and will be declared unconstitutional by the courts.  Kevin Johnson, a law professor who specializes in immigration law at the University of California Davis believes it is very unlikely that a state effort to curtail birthright citizenship will succeed in the courts when it is constitutionally protected by the 14^th Amendment.

The Associated Press
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Extension of validity of medical certifications on form I-693

A memo issued by USCIS temporarily extends the validity of civil surgeon endorsements on Form I-693, which is filed in conjunction with I-485 applications for adjustment of status.  Generally, such an endorsement on Form I-693, Report of Medical Examination and Vaccination Record, is valid for one year.  However, due to delays associated with some applications, the validity of civil surgeon is now extended until the time of adjudication if no Class A or Class B medical condition is certified by the civil surgeon in section 2,3, or 4 of Part 2 of Form I-693.

http://www.uscis.gov/USCIS/Outreach/Interim%20Guidance%20for%20Comment/medical-exam-extension-interim.pdf

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