Dear Readers:

Well, our break is over and we’re ready to go for 2005. And there is much news to report. The key story to watch this year is whether President Bush can succeed in his ambitious effort to reform the US immigration system and finally have a work visa system that allows us to meet the country’s needs and compete with the rest of the world. The President gave an interview this week to the Washington Times where he indicated that immigration and Social Security reform were his two top domestic priorities this year.

Bush’s efforts will be substantially enhanced by the appointment this week of Senator John Cornyn (R-TX) to head the Senate Immigration Subcommittee. Cornyn told the press upon his appoint

"Serving as chairman of the immigration subcommittee when Congress is seriously considering true reforms is a welcome challenge. Reform is long overdue, and in a post 9/11 world, one of our most urgent responsibilities. We must address the need for better border security, and combat human smuggling and other exploitation, while acknowledging the important contributions that immigrants make to our economy."

The House won’t be so easy, however. The Immigration and Judiciary Committees are likely to be chaired by anti-immigration Representatives (though appointment of the chair of the Immigration Subcommittee has yet to be announced).

While the H-1B visa gets all the publicity, the H-2B visa quota was recently filled. This versatile seasonal and temporary worker program is used for everyone from minor league hockey players to casino employees to Alaskan fishery workers. Expect to see efforts to push an H-2B cap hike this year as well.

On January 1^st, employment-based green card numbers in the EB-3 category rolled backwards by three years for nationals of the Philippines, India and China. This rollback will probably be noticed most immediately in the nursing profession when 1000s of Filipino and Indian nurses fail to report for work. The US is facing a critical shortage of nurses right now and the loss of this many nurses will translate into actual danger for patients in hospitals across the country. Recent studies have shown that the nursing shortage is taking its toll in US hospitals with patient death rates shown to be proportionate to staffing ratios. Congress will likely consider a proposal shortly that would allow unused green card numbers for the past four years to be used anyway as was done for the leftover numbers in 1999 and 2000.

Finally, the horrible tsunami disaster in the Indian Ocean is causing changes in US immigration policies for people from the affected countries. The US government has already announced measures to facilitate and expedite applications for people from the affected countries. And consideration is underway to grant Temporary Protected Status to people in the US from the countries most severely affected. Congresswoman Sheila Jackson-Lee introduced a bill in Congress that would grant such status if the US Attorney General chooses not to exercise his discretion.

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I had the opportunity to visit the annual Consumer Electronics Show in Las Vegas this week. This is the nation’s largest trade show, attracting more than 130,000 visitors to see the latest technological gadgetry being marketed by the companies across the planet. I’m working on an a couple of articles for legal industry publications and so went with an eye on innovations of interest to lawyers.

While there, I heard an interview that surprised me. The head of the Consumer Electronics Association, which puts on CES, explained why CES would next year have a separate show in China. The reason? Too many Chinese buyers and vendors have been unable to secure visas to come to the US for the show. The German competitor show has been establishing itself as the better alternative for many people who have become fed up with the arduous US visa process. CES has decided to take their show to their customers. That’s fortunate for the would-be attendees of CES from China. But it is sad that Las Vegas (and cities across the US hosting international exhibitions) will lose out. And what about shows that cannot afford to run separate shows abroad? What about the small American company looking to sell to Chinese customers who were counting on the Chinese buyers to come to Las Vegas and who cannot afford to go abroad to display. American companies and American taxpayers pay a real price when our government pulls out the welcome mat for international visitors.

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In firm news, for the third year in a row, I’ve been named to the list of the Top 101 lawyers in Tennessee by Business Tennessee Magazine. My friend Linda Rose in Nashville was the other immigration lawyer on the list and I congratulate her on being recognized. You can see the full list of honorees at www.businesstn.com.

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Finally, as always, we remind readers that we're lawyers who make our living representing immigration clients and employers seeking to comply with immigration laws. We would love to discuss becoming your law firm. Just go to http://www.visalaw.com/intake.html to request an appointment or call us at 800-748-3819 or 901-682-6455.

Regards,

Greg Siskind