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IJ's Jurisdiction to Apply INA § 204(j)

ARCHIVED ISSUE PAGE (LAST UPDATED JANUARY 2010)

In Matter of Perez Vargas, 23 I&N Dec. 829 (BIA 2005), the BIA held that immigration judges lack jurisdiction to determine whether an approved I-140 remains valid under INA § 204(j). Section 204(j) provides that, for purposes of an adjustment application that has been pending for more than 180 days, an approved I-140 visa petition remains valid even if the adjustment applicant changes jobs, so long as the new job is in the same or similar occupational classification. Several courts of appeals rejected the BIA’s holding, and in January 2010, the BIA reversed itself in Matter of Neto, 25 I&N Dec. 169 (BIA 2010).

Latest Developments|Additional Resources

Latest Developments

BIA Overturns Matter of Perez-VargasRead more...

Working Together for a Common Good

October, 2010

The International Exchange Center is proud to announce Josue Jeanty as this month’s Exchange Visitor of the Month. Each month, we select an exchange visitor who has made an effort to get involved in his/her community and explore American culture.

Josue came to the United States from Haiti in August of this year. Holding a degree in Environmental Science from his home university, Josue is doing his internship with Custom Polymers, a plastic recycling company in North Carolina. He hopes to be able to use what he learns about recycling to improve the pollution situation in Haiti, a country which currently does not have a recycling system.

Read more...

Report documents dramatic shift in immigrant workforce’s skill level

Published on Thu, Jun 09, 2011

Highly skilled temporary and permanent immigrants in the United States now outnumber lower-skilled ones, marking a dramatic shift in the foreign-born workforce that could have profound political and economic implications in the national debate over immigration.

This shift in America’s immigration population, based on census data, is summarized in a report released Thursday by the Brookings Institution. It found that 30 percent of the country’s working-age immigrants, regardless of legal status, have at least a bachelor’s degree, while 28 percent lack a high school diploma.

The shift had been in the works for the past three decades, a period that has seen a dramatic increase in the population born outside the United States. But in 2007 the percentage of highly skilled workers overtook that of lower-skilled workers.

The trend reflects a fundamental change in the structure and demands of the U.S. economy, which in the past decades transformed from an economy driven by manufacturing to one driven by information and technology. The report also offers a new perspective on the national immigration discourse, which tends to fixate on low-skilled, and often illegal, workers.

“Too often the immigration debate is driven by images on television of people jumping over fences,” said Benjamin Johnson, executive director of the American Immigration Council, an immigrant advocacy organization. “The debate has been stuck in the idea that it’s all about illegal and low-skilled workers.”

Steven Camarota, director of research at the Center for Immigration Studies, an organization that advocates for tighter immigration restrictions, said the report raises other concerns.Read more...

Published in the Washington Post

Particularly Serious Crime and Jurisdiction; Case Dismissed

Ali v. Achim, 551 U.S. 1188 (2007)

The Supreme Court granted certiorari to determine whether the Seventh Circuit erred 1) when it concluded that an offense does not need to be an aggravated felony to be classified as a “particularly serious crime,” and 2) when it construed the scope of the court’s jurisdiction to review the BIA’s particularly serious crime determinations under 8 U.S.C. §§ 1252(a)(2)(B)(ii) and (a)(2)(D). On December 21, 2007, the petitioner filed a motion for voluntary dismissal asking the Court to dismiss the writ of certiorari pursuant to a settlement agreement. The motion states that the petitioner and the government entered into a settlement agreement and petitioner has agreed not to pursue his claims for asylum and withholding of removal. The Court dismissed the case on December 27, 2007. Read more...

Obama raises false hope on immigration

Published on Wed, Aug 24, 2011

If there was ever any doubt that the only thing President Obama is truly gifted at is getting people to hope for change, we need look no further than his recent announcement to review the cases of up to 300,000 illegal immigrants facing deportation.

Too bad it's false hope.

Despite initial excitement of the immigrant advocacy organizations who are fighting for nothing less than a full 1980s-style amnesty -- and the correlated anger from conservatives who believe that last week's decision to re-evaluate the existing enforcement priorities is just that -- this is not a big step in immigration policy.

This latest Obama re-election campaign stunt won't affect 97 percent of the estimated 11 million illegal immigrants in our country. It is causing a lot of confusion within the very communities it is supposed to assuage, and it is further alienating those who must come to the negotiating table to hammer out a compromise for our immigration quagmire.

Arizona Gov. Jan Brewer chimed in quickly after the news broke, denouncing this plan as a "backdoor amnesty." She and others can be forgiven for initially thinking that. At first blush it sounded as though, at the very least, 300,000 lucky souls who were close to being deported had gotten a reprieve.

Many immigration experts and advocacy organizations are urging caution. They're scrambling to tell the immigrant community to not turn themselves in to authorities or try to get themselves detained for the purposes of becoming "legal." The possibility -- and it is just a possibility -- of getting a slate cleaned is open only to the 300,000 already in the pipeline for deportation. Each case will be reviewed by a panel and, if the case is closed, legal resident status will not be granted.Read more...

Published in the Herald Extra Utah Valley News

J-1 Information Sessions to be held at AILA Annual Conference 2010

The American Immigration Council’s International Exchange Center will be conducting three special information sessions during the 2010 AILA Annual Conference. The sessions will be held at the AILALink Booth in the Exhibit Hall. Exquisite, tasty, and fun prizes will be awarded!


Lois Magee, Director of the International Exchange Center; along with Kim Lindsay, International Exchange Center Program Specialist; Doug Hauer, of Douglas Hauer LLC, and others will lead these informative trainings. Sessions are scheduled as follows:


The J-1 Visa: Have a Foreign Affair


Thursday, July 1, 1:30 pm-2:30 pm
AILALink Booth in the Exhibit Hall

 

Including J Visa Clients in Your Practice


Friday, July 2, 1:00 pm-2:00 pm
AILALink Booth in the Exhibit Hall


J-1 Visa II: The Advanced Class


Saturday, July 3, 1:00 pm-2:00 pm
AILALink Booth in the Exhibit Hall


 

Quick Fact: Latino-owned Businesses Add Billions to the U.S. Economy

At last count, the nation’s 2.3 million Latino-owned businesses had sales and receipts of $350.7 billion and employed 1.9 million people.

E-Verify shouldn't be mandatory

Published on Tue, Oct 25, 2011

Fane, a native of Tonga, works as a dispatcher for a company in Los Angeles. When she was hired, her employer used E-Verify, an electronic federal database intended to identify only unauthorized immigrants, to verify her work authorization. Though she's been a U.S. citizen for 16 years, the E-Verify system flagged her. She had not notified the Social Security Administration that she had become a U.S. citizen - something that she did not realize that she was supposed to do.

Fane reported the mix-up to her employer, which eventually reinstated her. But she lost back pay for two weeks of work - a devastating loss of income for a working-class single mother of four.

Cases like Fane's, unfortunately, would become all the more common if Congress passes H.R. 2885, a bill sponsored by Rep. Lamar Smith, R-Texas, to require all employers to implement E-Verify. Currently, the flawed E-Verify program is voluntary for most employers. This bill recently passed out of the House Judiciary Committee.

The government's own study shows that E-Verify's current error rate is 20 times higher for foreign-born workers than U.S.-born workers and 30 times higher for naturalized citizens, according to Rep. Judy Chu, D-Calif., chairwoman of the Congressional Asian Pacific American Caucus. Making the system mandatory would adversely affect all immigrants, but especially the nation's Asian-Americans and Pacific Islanders, of whom more than two-thirds are foreign-born.

And those who are those authorized to work in this country, including U.S. citizens, could be deemed unauthorized simply due to an old database system that doesn't reflect current work authorization status. Because of errors in E-Verify, between 144,000 and 415,000 U.S. citizens and other legal workers in California alone could lose their jobs if they do not know to or are unable to correct their records, according to the Immigration Policy Center.Read more...

Published in the The Bellingham Herald

About the Community Education Center

Who We Are

The Community Education Center strives to promote a better understanding of immigrants and immigration by providing educational resources that inspire thoughtful dialogue, creative teaching and critical thinking.  Dedicated to the American values of fairness, social justice and respect for all people, the Center is committed to making immigration an “everybody issue.”  The Center also highlights the positive contributions immigrants have made and continue to make to American society through its programmatic work.

Download our brochure.

What We Do

Educational Resources

The Community Education Center provides youth, education and community leaders with the tools and resources they need to prepare informative and effective immigration programming. Created by educators, for educators, our annual Educators’ Immigration Resource Guide offers new and informative lesson plans, book/film reviews and other valuable resources that support the value of immigration to the United States. The Center also offers additional educational ideas, lesson plans, immigration history, book/film reviews, and links to other educational resources on our website.