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China News Digest - US Regional Services (Bo Xiong) --------------- Date: Wed, 16 Aug 1995 20:45:33 -0400 Reply-To: acca-l@SUPERPRISM.NET Sender: Newsletter on Chinese Community Comments: Resent-From: acca-l@superprism.net Comments: Originally-From: ACCA From: acca-l@SUPERPRISM.NET Subject: National Committee on Immigration News Release 9508 To: Multiple recipients of list CCNL Status: RO **************************************************************************** Association for Chinese Community Affairs (ACCA), formerly CBSIC Public Broadcasting System **************************************************************************** >>>>>>>>>>>>>>>>> National * Committee * on * Immigration <<<<<<<<<<<<<<<< News Release #9508 Thursday, August 17, 1995 ============================================================================== +=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+= 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 +=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+= ============================================================================== ------------------------------------------------------------------------------ 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 ........ ============================================================================== ============================================================================== 1. A COMMUNITY MEETING ON IMMIGRATION In Minneapolis ============================================================================== >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. ============================================================================== 2. Some basic facts about HR1915.......................................... ============================================================================== >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. ============================================================================== 3. 1-800 number to call Congress! ..................................... ============================================================================== 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! ============================================================================== 4. The House Bill HR1915 is marked up as HR2202, even WORSE............... ============================================================================== 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. ============================================================================== 5. ACCA's Public Broadcasting System and Infor-center established ........ ============================================================================== >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. ============================================================================ Editor of the issue: Johnny Gunther ============================================================================ ============================================================================ 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.) ============================================================================ 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 --- ============================================================================