The Supreme Court blocked the Trump administration on Thursday from going ahead with its plan…
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One Brother Got DACA, One Didn’t. It Made All the Difference.
Chad F. Wolf, the acting secretary of the Department of Homeland Security, has said that after the Supreme Court’s decision, the government would continue to process renewals, but the question of new applications remains up in the air. President Trump pledged on Twitter after the court’s ruling to try anew to rescind the entire program,,
Chad F. Wolf, the acting secretary of the Department of Homeland Security, has said that after the Supreme Court’s decision, the government would continue to process renewals, but the question of new applications remains up in the air. President Trump pledged on Twitter after the court’s ruling to try anew to rescind the entire program, a move the administration could initiate at any time.
“If you are relying on a new application to be approved, you should have real concerns about whether that will happen,” said Ian Macdonald, a lawyer who is a chair of Greenberg Traurig’s immigration compliance practice in Atlanta.
But the financial woes of the immigration agency, which is in the process of furloughing a large share of its work force, could have the effect of preventing new applications in any case.
“The Supreme Court decision requires the government to take new applications, but there are many, many ways that the administration can slow that down to such an extent that it doesn’t really happen,” said Michael Kagan, who teaches immigration law at the University of Nevada, Las Vegas.
Research has shown that DACA has had a transformative impact on recipients, offering them access to higher education, jobs and temporary protection from deportation that otherwise would be unavailable to them.
Jack Miralrio and his younger brother Owen, were both born in Mexico and then brought into the United States illegally by their mom at a very young age. Growing up, they both loved to play video games, play soccer, build things, and both excelled throughout their accademic carear especially college.
Now, Jack is 20 and is on his way to becoming a mechanical engineer. Owen, 17, is become a mechanic but not his first choice, his dream was to become a mechanical engineer just like his brother.
Give me your tired,
Your poor,
Your huddled masses,
Yearning to breathe free,
And we’ll tear gas them.
Although Their lives were very similuar , their paths have recently diverged as a result of Jack being a beneficiary to the Deferred Action for Childhood Arrivals program, or DACA, which allows him to get a driver’s license and monetary support to continue college.
Owen on the other hand was getting ready to finalize his paperwork and submit in September 2017, but the Trump administration ended the program on September 5th 2017 and stopped accepting any new applications.
“I have to stop persuing my dream profession and accept being a mechanic,” mentioned Owen, who still lived together with his mother and father, older brother and two U.S.-born sisters in Milwaukee.
“College would be way too expensive, and then I wouldn’t be able to use my degree,” said Owen, who graduated from high school in June.“I know people who own garages and hire mechanics without papers,” he said, sounding defeated.
His older brother sympathized with him while realizing that their differences are only due to bad timing and politics.
Nevertheless, Owen accepted his fate and was now among one of the 66,000 dreamers who were also shut out of DACA since it was terminated almost three years ago.
Three years later, last month in June, the Supreme Court gave Owen hope again.
The Supreme Court ruled that DACAwas improperly terminated, but will new applicants be allowed to enroll in the life-changing immigration program?
“If you are relying on a new application to be approved, you should have real concerns about whether that will happen,” said Ian Macdonald, a lawyer who is a chair of Greenberg Traurig’s immigration compliance practice in Atlanta.
Center, who has written extensively about the program. U.S. Citizenship and Immigration Services, Mr. Hoffman said, was “required to accept new applications.” “It’s not a political question,” he said. “It’s a legal question.”
But the financial woes of the immigration agency, which is in the process of furloughing a large share of its work force, could have the effect of preventing new applications in any case.“The Supreme Court decision requires the government to take new applications, but there are many ways that the administration can slow that down to such an extent that it doesn’t really happen,” said Michael Kagan, who teaches immigration law at UNLV.
Most legal scholars believe that to comply with the court’s decision, the administration must revive DACA, which would mean that new applications would have to be accepted. Refusal to accept them would incite lawsuits, they said.“The Supreme Court decision makes it clear that the original program is still in place,” said Geoffrey Hoffman, director of the immigration clinic at the University of Houston Law
Here is another story about Juan Escalante and his brother:
Juan Escalante is an immigrant advocate and online strategist who has been fighting for the Dream Act and pro-immigration policies at all levels of government for the past 10 years. https://www.youtube.com/embed/UzYDqQDNFzc
You can read the full story titled “Juan Escalante: American” here: https://www.kulturamag.com/article/juan-escalante-american
Today, Juan is a spokesperson for America’s Voice and the writer of a bi-weekly column on HuffPost. Last year he moved from Florida to Washington, D.C. in order to further the fight he’s helping lead for himself, his community, and our country. Though the progress that’s been made is overshadowed by the toxic political climate, he emphasizes the changes that have taken place in the last eleven years such as DACA, in-state tuition for undocumented students, and many more.
The fight continues for many……
Source: One Brother Got DACA, One Didn’t. It Made All the Difference.
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The H1B Guy News for the week ending December 3, 2021.
Topics:
H1B in Decline
Documented Dreamers in Limbo
The Number of Immigrant Workers With H1-B Visas Drops the Most in a Decade
https://www.bloomberg.com/news/articl…
Ross, Padilla Lead 49 Colleagues in Urging DHS to Expand DACA Eligibility to Documented Dreamers
https://ross.house.gov/media/press-re…
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What is an EDD Number? An EDD Number is technically the state unemployment insurance identification number that the Employment Development Department of California issues a company. Here’s a visual example from the UI Online FAQ: How do I register for an EDD Number? To register for an EDD Number (in California) use this link: https://www.edd.ca.gov/payroll_taxes/e-Services_for_Business.htm,
What is an EDD Number?
An EDD Number is technically the state unemployment insurance identification number that the Employment Development Department of California issues a company.
Here’s a visual example from the UI Online FAQ:
How do I register for an EDD Number?
To register for an EDD Number (in California) use this link: https://www.edd.ca.gov/payroll_taxes/e-Services_for_Business.htm
The EDD Number form will look like this when you receive it. (see below image)
It’s on a form known as DE-5614. Click here for a PDF sample: https://www.edd.ca.gov/pdf_pub_ctr/de5614.pdf
How do I find my company’s EDD Number?
Per the EDD do as follows:
All Unemployment Insurance customers who file a new claim will automatically receive their Employment Development Department (EDD) Customer Account Number (DE 5614) letter within 10 business days of filing.
If you have lost, misplaced, or never received your EDD Customer Account Number, contact the EDD:
Online: Go to Ask EDD and select the category Unemployment Insurance Benefits, the sub category UI Online, and the topic EDD Customer Account Number. Select Continue at the bottom of the page to begin the process of submitting your message.
By Phone: Call 1-800-300-5616 from 8 a.m. to 8 p.m. (Pacific time), seven days a week.
Why do I need an EDD Number for PERM Recruitment?
What else can I use my EDD Number for?
UI Online
Register for UI Online
CalJobs Registration
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Enforcement / ICE / DHS
USCIS Allows I-765 NOA Approval Receipt Notice to Establish I-9 Employment Verification
We have great news for our readers. On August 19, 2020, the United States Citizenship and Immigration Services (USCIS) issued an important announcement for applicants whose Form I-765 Application for Employment Authorization has been approved, but who have not yet received their employment authorization document (EAD card) by mail. What’s this all about Since the,
We have great news for our readers. On August 19, 2020, the
United States Citizenship and Immigration Services(USCIS) issued an important announcement for applicants whose Form I-765 Application for Employment Authorization has been approved, but who have not yet received their employment authorization document (EAD card) by mail.
What’s this all about
Since the emergence of the Coronavirus outbreak, there has been significant delays affecting the production of certain Employment Authorization Documents also known as EAD cards, which permit an applicant to obtain lawful employment in the United States, a driver’s license, and other important documentation such as a Social Security number.
These delays have caused hardships for applicants and created additional obstacles to finding employment during an already difficult economic time.
The good news is that USCIS is providing temporary relief for applicants who have received an approval notice, but have not yet received an employment authorization document (EAD card) in the mail.
Due to the unprecedented and extraordinary circumstances caused by COVID-19, USCIS will allow foreign nationals to temporarily use their Form I-797 Notice of Action, with a notice date on or after December 1, 2019 through August 20, 2020, informing the applicant of the approval of their I-765 Application for Employment Authorization, as evidence of Form I-9, Employment Eligibility Verification.
In other words, individuals can now provide employers with the I-797 Notice of Action, receipt of approval of the Form I-765 Application for Employment Authorization, in order to qualify for lawful employment.
Pursuant to the announcement, the Notice of Action is now considered a List C #7 approved document that establishes employment authorization issued by the Department of Homeland Security, even though the Notice states that it is not evidence of employment authorization.
Accordingly, employees can present Form I-797 Notice of Action showing approval of their I-765 application as a list C document for Form I-9 compliance until December 1, 2020.
For I-9 completion, employees who present a Form I-797 Notice of Action described above for new employment must also present their employer with an acceptable List B document that establishes identity. The Lists of Acceptable Documents is on Form I-9. Current employees who require reverification can present Form I-797 Notice of Action as proof of employment authorization under List C.
We believe this is a step in the right direction and hope that USCIS can quickly and efficiently resolve the EAD backlogs as soon as possible.
For more information on acceptable documentation for verifying employment authorization and identity please click here.
Source: USCIS Allows I-765 NOA Approval Receipt Notice to Establish I-9 Employment Verification
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