The Visa Journey: Gaining Entrance into the U.S.

Miguel Keberlein, Immigrants and Workers’ Rights Practice Group Director; LAF

Nubia Willman, Staff Attorney (IWR); LAF

How do immigrants get here? Entry Without Inspection Petitioned by Family or Employer Enter on Visa

What Visas Exist?

Fiancées; Students; Extraordinary People; Investors (millionaires); Tourists. The key is that visas holders are here for a temporary amount of time and depending on the visa they may eventually be able to adjust their status to something more permanent. Overall, obtaining a visa usually requires applicant to have some amount of resources.

Humanitarian Relief: T Visa Requirements: Person was coerced or enticed to enter the U.S.; Once in the U.S. forced to do labor or sex work; and Person had no real means of escape.

T visa Remedy for survivors of sex trafficking & labor

trafficking

• Must report crime to Law Enforcement. • LEA encouraged to confirm applicant’s

cooperation, but it is NOT necessary. • 5,000 cap per year Difficulties: • Hesitancy to prosecute labor based trafficking

cases • Difficult to identify victims

Humanitarian Relief: U visa Requirements: Victim of a qualifying criminal activity; Was helpful, is helpful, will be helpful to police/prosecutor ; and Crime affected them physically or emotionally.

U Visa

Biggest Obstacle is Cooperation/Helpfulness What does it mean? Must obtain a signed U visa Certification before filing. LEA’s discretion to sign LEA can revoke if no longer helpful

10,000 cap per year; is met every year.

Benefits?

T Visa: Work Permit, Residency, and some public benefits after application is approved.

U Visa: Work permit, Residency.

Quick Overview

H1B 85,000 (first 20K require Master’s Degree) Very costly Handed out through lottery – twice as many applications as visas “H1B dependent employers” have 15% or higher workforce with

visa Family members can also accompany on H4 visa and gain EAD For “specialty workers”

Systems Analysis/Programming Positions (60,000 estimated) Computer Related Positions (10,000 estimated) University Education (6,000 estimated) Electrical Engineering (2,000 estimated)

Fee Type Fee Base filing fee $325 AICWA Fee $750 or $1,500

Fraud prevent & detection fee

$500

Fee based on Public Law 111 – 230

$2000

Premium processing fee (Optional)

$1,225

Visa fee ( fee involved in getting H1B visa at US consulate )

varies by country

H1B Top Occupations

H-2A Been in place since 1952 and left in place after Bracero program

ended in 1964 Immigration Reform and Control Act (IRCA) of 1986 separated H-2

program into two temporary worker programs H-2A is for agricultural workers Relies heavily on recruiter system Highest Wage of Prevailing, Minimum, Adverse Effect Wage Rate

($11.61 in Illinois) Set by ETA/DOL 50% rule for U.S. eligible workers ¾ Guarantee for H2A workers Free housing for worker (not family) Arriaga v. Florida Pacific Farms damages for deductions Transportation to and from Food or cooking facilities

H2A Top Occupations

H2B Very similar to H2A in most respects Must be paid Prevailing Wage of Industry Court case in Florida forced DOL to stop processing on March 5

and now DOL and DHS are working on a joint rule by 4/30/15 Employer not required to provide housing Employer must assist worker in getting SS card 66,000 visas each year

H2B Top Occupations

Resources http://www.foreignlaborcert.doleta.gov/h-2a.cfm http://www.splcenter.org/ https://icert.doleta.gov/ http://1.usa.gov/2rSjc9 http://www.trackitt.com/ http://redbus2us.com/new-h1b-online-advisor-tool-by-us-

department-of-labordol/ http://travel.state.gov/content/visas/english/fees/fees-visa-

services.html https://www.farmworkerjustice.org/ http://www.lsc.gov/ http://travel.state.gov/content/visas/english/immigrate/immigrant-

process/approved/contact.html

Humberto Casarrubias Sanchez H2A Farmworker Recruited in 2011 to

De-tassel Corn McNeil Labor

Management/Pioneer 36-years-old Married with 3 young

daughters First time in United States Speaks no English Comes with brother and

several friends

Humberto’s Story

Humberto’s Story Leaves Mazatepec, Morelos

Enters through Laredo on way to Spring Valley, Illinois

Humberto’s Story

85 miles between motel and worksite

Humberto’s Story Spring Valley Inn - Motel

Field near Tampico, Illinois

Humberto’s Story Temps reached 120 Degrees on July 19th, 2011

Search Team on day 4

Humberto’s Story

De-tasseling and Rogueing

Humberto’s Story Final day of searching – June 25th, 2011

Humberto’s Body Found – Sept 3rd, 2011