Visa Giveaway to Australians
Visa Giveaway to Australians
Date: Tuesday, May 10, 2005 2:39 PM
JOB DESTRUCTION NEWSLETTER
by Rob Sanchez
May 10, 2005 No. 1254
You have to hand it to those crafty politicians in Congress - they give
us the Real ID Act which is supposed to protect us from terrorists and
make it more difficult for illegal aliens to use fraudulent documents,
and at the same time they do a masterful sleight of hand by slipping in
a guest-worker amendment for Australian "specialty workers".
Amendments 501 in the House and 566 in the Senate were inserted into
the Real ID Act to allow 10,500 Australians to get work based Green
Cards (E-3) in order to get jobs in the U.S. Spouses are allowed to
work also so potentially this is a 21,000 increase in work visas.
There are rumors that Bush pushed these amendments but it's very
difficult to confirm that [and unfortunately I cannot reveal my source
for this info]. Online documents give no hint who authored the
amendments, and according to the Congressional Record there was no
debate to amend the RealID Act. This was all that transpired to amend
the RealID Act:
Mr. STEVENS. I move to reconsider the vote, and I move
to lay that motion on the table.
The motion to lay on the table was agreed to.
This amendment will take Australians out of the H-1B quota because the
E-3 is far more desirable for them to use. It's actually a back-room
method to increase the number of H-1B visas available to other
countries such as India and China, since most Aussies will not be
counted towards the H-1B cap.
***** Now for the most interesting set of coincidences *****
1 - As you should recall, the USCIS made a "mistake" and issued 10,000
too many H-1B visas.
2 - The Australian "Department of Immigration" made the same mistake!
They issued about 10,252 more "457" visas than they should have. The
Australian 457 visa is roughly equivalent to our H-1B visa.
3 - The RealID Act amendment allows for 10,500 visas from Australia.
If I was a conspiracy theorist, I would have to conclude that the USCIS
is covering for Australia's mistake by allowing them send 10,000 of
their unemployed techies to the United States. Perhaps somebody in the
State Department or Bush's administration made a back-room deal. If
this is a conspiracy, it is truly globalism run amok.
Resources Used for this Newsletter
Congressional Record - "EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT,
2005--Continued -- (Senate - April 21, 2005)"
http://thomas.loc.gov/cgi-bin/cpquery/T?&report=hr072&dbname=cp109&
TITLE V--OTHER CHANGES TO PROVISIONS GOVERNING NONIMMIGRANT AND
IMMIGRANT VISAS
SEC. 501. RECIPROCAL VISAS FOR NATIONALS OF AUSTRALIA.
http://www.visalaw.com/05may1/4may105.html
The New E-3 Visa for Australians - FAQs
http://www.foreignliaison.com/page/page/1638278.htm
New E-3 Visa for Australians
http://www.computerworld.com.au/index.php/id;282021532;fp;16;fpid;0
Immigration database silent on 10,000 visas
+++++++++++++++++++++++++++++++++++++++++++++++++++
To see this ammendment in the Congressional Record follow these steps:
1 - Go to http://thomas.loc.gov
2 - Click "Search Congressional Record"
3 - Click the Link: " EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT,
2005--Continued -- (Senate - April 21, 2005)"
4 - Click the Link: "Page: S4087"
AMENDMENT NO. 566
(Purpose: To amend the Immigration and Nationality Act to provide for
entry of nationals of Australia )
On page 231, between lines 3 and 4, insert the following new
section:
RECIPROCAL VISAS FOR NATIONALS OF AUSTRALIA
SEC. 6047. (a) Section 101(a)(15)(E) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(E)) is amended--
(1) by adding at the end ``or (iii) solely to perform services in a
specialty occupation in the United States if the alien is a national of
the Commonwealth of Australia and with respect to whom the Secretary of
Labor determines and certifies to the Secretary of Homeland Security
and the Secretary of State that the intending employer has filed with
the Secretary of Labor an attestation under section 212(t)(1);''; and
(2) in clause (i), by striking ``or'' after ``national;''.
(b) Section 202 of such Act (8 U.S.C. 1152) is amended by adding at
the end the following new subsection:
``(f) Special Rule for Australia .--The total number of aliens who
may acquire nonimmigrant status under section 101(a)(15)(E)(iii) may
not exceed 5000 for a fiscal year.''.
(c) Section 214(i)(1) of such Act (8 U.S.C. 1184(i)(1)) is amended
by inserting ``, section 101(a)(15)(E)(iii),'' after ``section
101(a)(15)(H)(i)(b)''.
(d) Section 212(t) of such Act (8 U.S.C. 1182(t)), as added by
section 402(b)(2) of the United States-Chile Free Trade Agreement
Implementation Act (Public Law 108-77; 117 Stat. 941), is amended--
(1) by inserting ``or section 101(a)(15)(E)(iii)'' after ``section
101(a)(15)(H)(i)(b1)'' each place it appears;
(2) in paragraph (3)(C)(i)(II), by striking ``or'' in the third
place it appears;
(3) in paragraph (3)(C)(ii)(II), by striking ``or'' in the third
place it appears; and
(4) in paragraph (3)(C)(iii)(II), by striking ``or'' in the third
place it appears.
Mr. STEVENS. I move to reconsider the vote, and I move to lay that
motion on the table.
The motion to lay on the table was agreed to.
+++++++++++++++++++++++++++++++++++++++++++++++++++
http://thomas.loc.gov/cgi-bin/cpquery/T?&report=hr072&dbname=cp109&
TITLE V--OTHER CHANGES TO PROVISIONS GOVERNING NONIMMIGRANT AND
IMMIGRANT VISAS
SEC. 501. RECIPROCAL VISAS FOR NATIONALS OF AUSTRALIA.
(a) In General- Section 101(a)(15)(E) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(E)) is amended--
(1) by adding at the end `or (iii) solely to perform services in a
specialty occupation in the United States if the alien is a national of
the Commonwealth of Australia and with respect to whom the Secretary of
Labor determines and certifies to the Secretary of Homeland Security
and the Secretary of State that the intending employer has filed with
the Secretary of Labor an attestation under section 212(t)(1);'; and
(2) in clause (i), by striking `or' after `national;'.
(b) Numerical Limitation to Any Single Foreign State- Section 214(g) of
such Act (8 U.S.C. 1184(g)), as amended by section 405, is further
amended by adding at the end the following new paragraph:
`(11)(A) The Secretary of State may not approve a number of initial
applications submitted for aliens described in section
101(a)(15)(E)(iii) that is more than the applicable numerical
limitation set out in this paragraph.
`(B) The applicable numerical limitation referred to in subparagraph
(A) is 10,500 for each fiscal year.
`(C) The applicable numerical limitation referred to in subparagraph
(A) shall only apply to principal aliens and not to the spouses or
children of such aliens.'.
(c) Specialty Occupation Defined- Section 214(i)(1) of such Act (8
U.S.C. 1184(i)(1)) is amended by inserting `, section
101(a)(15)(E)(iii),' after `section 101(a)(15)(H)(i)(b)'.
(d) Attestation- Section 212(t) of such Act (8 U.S.C. 1182(t)), as
added by section 402(b)(2) of the United States-Chile Free Trade
Agreement Implementation Act (Public Law 108-77; 117 Stat. 941), is
amended--
(1) by inserting `or section 101(a)(15)(E)(iii)' after `section
101(a)(15)(H)(i)(b1)' each place it appears; and
(2) in paragraphs (3)(C)(i)(II), (3)(C)(ii)(II), and (3)(C)(iii)(II) by
striking `or 101(a)(15)(H)(i)(b1)' each place it appears and inserting
`101(a)(15)(H)(i)(b1), or 101(a)(15)(E)(iii)'.
+++++++++++++++++++++++++++++++++++++++++++++++++++
http://www.visalaw.com/05may1/4may105.html
The New E-3 Visa for Australians - FAQs
Congress has created a new work visa category for Australians that in
many respects will make it one of the most attractive visas in US
immigration law. The new law will largely take Australians out of the
H-1B quota (which has a long queue right now) and offer them a visa
that is similar, but more flexible than the H-1B. It also has some of
the elements of an E treaty visa and can be viewed as a hybrid that
should be highly useful to Australian nationals seeking work in the US.
What is the new E-3 visa?
Section 501 of the Real ID Act of 2005 has made a change to the
Immigration and Nationality Act to allow for a new category of E treaty
visa. This change creates a new INA Section, Section
101(a)(15)(E)(iii), which allows for the admission of an alien who is a
national of the Commonwealth of Australia, and who is entering to
perform services in a "specialty occupation."
What is a specialty occupation?
The term "specialty occupation" means an occupation that requires
theoretical and practical application of a body of highly specialized
knowledge, and attainment of a bachelor's or higher degree in the
specific specialty (or its equivalent) as a minimum for entry into the
occupation in the United States. The definition is the same as the
Immigration and Nationality Act definition of an H-1B specialty
occupation.
What is required of petitioning employers?
The petitioning employer will be required to file a Labor Condition
Application with the Secretary of Labor as required under Section
212(t)(1). The process for this should be virtually identical to the
process currently used with H-1Bs. Employers must also file labor
condition applications like in H-1B cases and make the same
attestations including those regarding paying the prevailing and actual
wages, not breaking up strikes, maintaining public access files, etc.
Is there a limit on the number of E-3 visas that will be issued?
The number of E-3 visas that will be issued will be limited to 10,500
per fiscal year. The spouse and children of the E-3 are allowed to
accompany or follow to join the principal, and such spouses and
children will not count against the 10,500 cap.
What are the time limits on E-3s?
E-3 I-94 time limits are the same as E-1 and E-2 visas (as opposed to
H-1Bs). More significant, however, is that they can be renewed
indefinitely.
Can spouses of E-3s work?
Unlike H-4s, spouses of E visa holders are entitled to work
authorization.
Can I convert from H-1B to E-3 status?
The statute does not bar this and it should be possible to change from
H-1B to E-3 status.
When can I file for an E-3?
In theory, applications can be submitted immediately as implementing
regulations are not required. In practice, USCIS may not adjudicate
these cases until they have at least established guidelines.
Interestingly, one might simply apply for an E-3 at a consulate and
bypass USCIS. The applicant would need to present an LCA and the other
documents required above, but USCIS should not have to approve it in
advance. This would mean that E-3 applicants can secure visas within
days of applying and be in the US quickly.
We will have to wait and see what USCIS and DOS announce, however.
Is the E-3 a dual intent visa?
They are not dual intent in the sense of H-1Bs and L-1s, but they do
not have a foreign residence requirement. Applicants need to attest
that they intend to depart when their status terminates. A statement is
usually enough unless they have clear intentions showing the opposite.
But there is case law stating that the expression of a desire to remain
in the US permanently as opposed to intending to remain even if legally
not permitted, is permissible on an E visa. In other words, wanting to
remain permanently is okay as long as one is willing to leave if this
is not permitted by law.
E visa applicants also need not demonstrate that they are coming for a
limited period of time and they do not need to show a home in their
home country to which they plan to return. This would be impractical
given the fact that E visa holders can remain in the US for decades.
What are the fees for an E-3 visa?
We dont know what USCIS will charge for a change of status to an E-3
visa but it will presumably be the same as for the E-1 and E-2
categories ($185). However, the expensive H-1B fees included in the
recent H-1B legislation (ranging from $1250 to $2000dont appear to
apply to this category. Consular fees should be the same as for other E
visas.
+++++++++++++++++++++++++++++++++++++++++++++++++++
http://www.foreignliaison.com/page/page/1638278.htm
New E-3 Visa for Australians:
Section 501 of the Real ID Act of 2005 has made a change to the
Immigration and Nationality Act to allow for a new category of E treaty
visa. This change creates a new INA Section, Section
101(a)(15)(E)(iii), which allows for the admission of an alien who is a
national of the Commonwealth of Australia, and who is entering to
perform services in a "specialty occupation." The new law will largely
take Australians out of the H-1B quota and offer them a visa that is
similar, but more flexible than the H-1B.
+++++++++++++++++++++++++++++++++++++++++++++++++++
http://www.computerworld.com.au/index.php/id;282021532;fp;16;fpid;0
Immigration database silent on 10,000 visas
Julian Bajkowski
10/05/2005 07:43:56
Australia's immigration authorities, either unable or unwilling to
provide details on the origins of 10,000 migrants issued temporary work
visas based on their ICT skills, have conveniently blamed their
database for the problem.
According to figures from the Department of Immigration, Multicultural
and Indigenous Affairs which Computerworld obtained this week, 10,252
subclass 457 visa grants have been issued to ICT workers from an
unspecified time in 2002 until January 31, 2005.
The 457 visas allow skilled employees to be sponsored into jobs in
Australia when an employer can demonstrate no suitably-skilled
Australians can be found. Computerworld requested the country of origin
figures for 457 visa (for ICT skills) after the Australian Computer
Society (ACS) released its migration policy. Country of origin figures
are publicly available and routinely issued for other visa categories
such as 416 working holiday visas and even general tourism entry visas.
The ACS policy stated the current 457 visa system is open to abuses and
is "currently being used to undercut prevailing market salary rates and
displace young ICT professionals and provide unfair competitive
advantages to offshoring firms competing against local firms,
particularly in tendering for large projects".
However, nearly a week after Computerworld lodged its request for
figures based on the countries of origin of ICT 457 visa holders, and
their incomes, the department stated: "This data cannot be extracted
from DIMIA databases in time for your deadline."
The director DIMIA public affairs has also written to Computerworld
refuting suggestions the 457 system open to abuses and published the
letter on the DIMIA homepage, http://www.immi.gov.au/ .
"Comprehensive measures are in place to ensure integrity of the 457
visa program. All 457 visa applicants must be sponsored by an approved
employer. The employer's right to sponsor overseas workers can be
cancelled if the employer does not comply with strict undertakings. The
department monitors all business sponsors and visits approximately 25
percent of workplaces," the department's letter states.
Government sources familiar with the operational performance of DIMIA's
database said extracting country of origin information for subclasses
of visa holders from the department's Immigration Records Information
System (IRIS) and the Integrated Client Services Environment (ICSE) was
possible within "hours if not minutes".
The country of origin figures for 457 visas are understood to be of
considerable sensitivity to the government because they have the
potential to illuminate how many ICT workers are being sponsored into
Australia by offshoring companies, particularly from trading partners
in India.
Computerworld has also learnt that senior executives from DIMIA, the
Department of Employment, Science and Training (DEST) and the
=B
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