The State Department’s December Visa Bulletin, released today, held true to predictions and offers some good news for employment-based second preference Chinese and Indian nationals and their employers, whose priority dates jump forward 4.5 months.  There is very small movement for these individuals in the employment-based, third category.  EB-3 Chinese nationals move forward only three weeks and EB-3 Indian nationals gain only 10 days. 

EB1 - all still current

EB2

All others - still current
China – advances 4.5 months to March 15, 2008
India – advances 4.5 months to March 15, 2008
Mexico – still current
Philippines – still current

EB3
                              
All others –advances 3 weeks to January 15, 2006
China – advances 2 weeks to September 8, 2004
India – advances 10 days to August 1, 2002
Mexico – advances  3 weeks to January 15, 2006
Philippines – advances 3 weeks to January 15, 2006

While U.S. Representatives Zoe Lofgren and Jason Chaffetz have introduced thoughtful pro-immigrant bills in the House recently, the political climate in light of the rapidly approaching presidential election could derail the chance for relief in 2012.

A bill introduced in October by Rep. Zoe Lofgren, the Protecting American Families and Businesses Act of 2011 (H.R. 3119), has been referred to the House Subcommittee on Immigration Policy and Enforcement for consideration.  The bill from Lofgren, a Silicon Valley Democrat, would eliminate per-country limits for employment-based visas (with a three-year phase-in), raise the per-country limit on the family-based side, expand “AC-21” protection to include L and F visa holders, and recapture unused employment- and family-based green cards to shorten green card backlogs, among other provisions.  “Our nation gains nothing from keeping families separated and blocking companies from hiring the world’s brightest innovators,” Lofgren said when introducing the bill.  It remains to be seen whether this immigrant-friendly bill gains traction in the House, but it could face serious roadblocks as the presidential election approaches. 

In September, Rep. Jason Chaffetz introduced the Fairness for High-Skilled Immigrants Act (H.R. 3012).  Like Lofgren’s, this bill would eliminate per-country limits for employment-based visas and increase per-country limits for family-based immigrants.  The bill would greatly improve processing times for Indian and Chinese green card applicants if passed.  It would need to attract more co-sponsors, be recommended for a vote on the House floor, be passed by the House, be passed by the Senate, and be signed into law by the president.

Earlier this year, in June, Lofgren introduced the Immigration Driving Entrepreneurship in America (IDEA) Act of 2011 (H.R. 2161) which, among other provisions, calls for a new path to green card status for highly skilled foreign nationals educated in the United States in the areas of science, technology, engineering and math (STEM).  The bill was referred to the House Subcommittee on Workforce Protections in September.

The number of California job sites using E-Verify has increased by 37 percent over the past year, according to government records.  More than 26,000 California employers now use the federal program to check the immigration status of new hires at more than 90,000 job sites across the state.  E-Verify has gained visibility as U.S. Immigration and Customs Enforcement (ICE) has ramped up its worksite enforcement investigations and criminal prosecutions over the past year, in a stated effort to deter unlawful employment and cultivate a culture of compliance with immigration-related employment laws.  To that end, ICE issued a record 2,393 Notices of Inspection related to federal Forms I-9 in fiscal year 2011, a more than 375 percent increase from the number issued in fiscal year 2008, ICE Director John Morton said in October. 

While ICE has been ramping up its worksite enforcement activity across the country, California has gone out of its way to make the use of E-Verify voluntary for private employers in the state.  A new California law, which goes into effect January 1, 2012, prohibits the state, cities and counties from mandating that private employers use E-Verify.  Assemblyman Paul Fong (D-Sunnyvale), who introduced the bill, said mandatory E-Verify would place an unnecessary burden on employers in California, and particularly on small businesses.  The use of E-Verify remains mandatory for federal contractors nationwide.