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http://www.ap.org/pages/aptoday/aptoday_contact.html Associated Press
http://www.reuters.com/-helpSectionContactUs.jhtml Reuters
http://www.cnn.com/feedback/forms/form11.html?1 CNN
LouDobbs@cnn.com E-mail sent
23 December 2003
Subject: Law Suit Filed Against the US Immigration Service challenging Delays Contrary to Congressional Mandate
On 22 December 2003, ImmigrationPortal.Com, an online community and others have filed a law suit against United States Immigration and Citizenship Services (earlier known as INS) challenging the delays in processing of some applications for employment based immigrants.
The complaint is available at:
http://boards.immigration.com/attachment.php?s=&postid=651497
Related discussions in the community can be found here:
http://boards.immigration.com/showthread.php?s=&threadid=107834
This Complaint stemmed from the extraordinary delays in completing green card processing leading to much distress and harm in the community. The overall process can take 6 years or more. The Complaint notes:
2. The process of obtaining employment based US Lawful Permanent Residence ("green card"), especially for Labor Certification based cases has become egregiously dilatory over the past few years. The delays in the process have now come to the point where in States like New York and California it can take six years or more to obtain a green card. In the interim, an employee is left with continuous dread and insecurity. Loss or diminishment of employment almost invariably means abrupt uprooting of years of life and career built in this country. In most cases, USCIS practice permits not even one day of grace period to arrange for passage out of USA - a state of affairs long way from the constitutional ideal of "...pursuit of happiness."
3. Additionally, for labor certification based cases, which form a large majority of employment-based applications, any substantial career advancement is unwise. A promotion leads to nullification of the entire green card process, thereby necessitating starting the process all over again - resetting the six-year countdown back to zero. Thus, an employee is required to continue at the same job level year after year.
4. The Defendants have administered immigration laws by ad-hoc memoranda and unwritten policy rather than by regulation. Several laws remain inexactly implemented without regulations by the agencies for years. The will of Congress, articulated in various ameliorative statutes, has been thwarted by the lack of regulations and the atmosphere of uncertainty for employees."
Employment-Based Categories
45. Under INA, the employment-based category is divided into five preferences or groupings. 8 U.S.C. § 1153(b).
46. The highest priority goes to first employment-based "priority workers" who consist of:
a) Aliens with extraordinary ability;
b) Outstanding professors and researchers; and
c) Certain multinational executives and managers subject to international transfer to the United States.
47. The second employment-based preferences include professionals holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit the national economy, cultural or educational interests, or welfare of the United States.
48. The third employment-based preference include certain professional, skilled and unskilled workers, where qualified workers are not available in the United States.
49. The fourth employment-based preference includes certain special immigrants, including ministers of religion.
50. The fifth employment-based category includes alien investors who create or maintain at least ten jobs in USA, none of which can be for their own family members.
All of the above categories of workers are severely affected by the inordinate delays in processing and have accordingly filed the instant law suit.
The community had made several concerted efforts to redress this problem through the government and the legislature. Thousands of people signed several petitions, but no action was taken by the government. For a copy of one of these petitions, please see:
http://www.immigration.com/common/rsk/petition_I485.html
Having failed in their efforts, filing a law suit was the only option left to the community.
For further information, please contact Counsel for the Plaintiffs, Rajiv S. Khanna at rskhanna@immigration.com, Phone 703-908-4800. Or join the online discussions at
http://boards.immigration.com/showthread.php?s=&threadid=107834
http://www.ap.org/pages/aptoday/aptoday_contact.html Associated Press
http://www.reuters.com/-helpSectionContactUs.jhtml Reuters
http://www.cnn.com/feedback/forms/form11.html?1 CNN
LouDobbs@cnn.com E-mail sent
23 December 2003
Subject: Law Suit Filed Against the US Immigration Service challenging Delays Contrary to Congressional Mandate
On 22 December 2003, ImmigrationPortal.Com, an online community and others have filed a law suit against United States Immigration and Citizenship Services (earlier known as INS) challenging the delays in processing of some applications for employment based immigrants.
The complaint is available at:
http://boards.immigration.com/attachment.php?s=&postid=651497
Related discussions in the community can be found here:
http://boards.immigration.com/showthread.php?s=&threadid=107834
This Complaint stemmed from the extraordinary delays in completing green card processing leading to much distress and harm in the community. The overall process can take 6 years or more. The Complaint notes:
2. The process of obtaining employment based US Lawful Permanent Residence ("green card"), especially for Labor Certification based cases has become egregiously dilatory over the past few years. The delays in the process have now come to the point where in States like New York and California it can take six years or more to obtain a green card. In the interim, an employee is left with continuous dread and insecurity. Loss or diminishment of employment almost invariably means abrupt uprooting of years of life and career built in this country. In most cases, USCIS practice permits not even one day of grace period to arrange for passage out of USA - a state of affairs long way from the constitutional ideal of "...pursuit of happiness."
3. Additionally, for labor certification based cases, which form a large majority of employment-based applications, any substantial career advancement is unwise. A promotion leads to nullification of the entire green card process, thereby necessitating starting the process all over again - resetting the six-year countdown back to zero. Thus, an employee is required to continue at the same job level year after year.
4. The Defendants have administered immigration laws by ad-hoc memoranda and unwritten policy rather than by regulation. Several laws remain inexactly implemented without regulations by the agencies for years. The will of Congress, articulated in various ameliorative statutes, has been thwarted by the lack of regulations and the atmosphere of uncertainty for employees."
Employment-Based Categories
45. Under INA, the employment-based category is divided into five preferences or groupings. 8 U.S.C. § 1153(b).
46. The highest priority goes to first employment-based "priority workers" who consist of:
a) Aliens with extraordinary ability;
b) Outstanding professors and researchers; and
c) Certain multinational executives and managers subject to international transfer to the United States.
47. The second employment-based preferences include professionals holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit the national economy, cultural or educational interests, or welfare of the United States.
48. The third employment-based preference include certain professional, skilled and unskilled workers, where qualified workers are not available in the United States.
49. The fourth employment-based preference includes certain special immigrants, including ministers of religion.
50. The fifth employment-based category includes alien investors who create or maintain at least ten jobs in USA, none of which can be for their own family members.
All of the above categories of workers are severely affected by the inordinate delays in processing and have accordingly filed the instant law suit.
The community had made several concerted efforts to redress this problem through the government and the legislature. Thousands of people signed several petitions, but no action was taken by the government. For a copy of one of these petitions, please see:
http://www.immigration.com/common/rsk/petition_I485.html
Having failed in their efforts, filing a law suit was the only option left to the community.
For further information, please contact Counsel for the Plaintiffs, Rajiv S. Khanna at rskhanna@immigration.com, Phone 703-908-4800. Or join the online discussions at
http://boards.immigration.com/showthread.php?s=&threadid=107834