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Is the U.S. engaging in Racial Profiling?

December 16, 2002 was the first “special registration call-in” program deadline. The program deadline required all males 16 years of age or older, who are citizens or nationals of one of five designated countries, and who entered the US as non-immigrants before September 10, 2002, to have registered to be fingerprinted and photographed.

A subsequent January 10, 2003 deadline applies to nationals from 13 more countries, and a February 21, 2003 deadline applies to nationals from another two countries.

This measure is yet another false solution to a real problem. Call-in registration offers us little protection because it targets people based on national origin, race and religion, rather than on intelligence information, and alienates the very communities whose cooperation we need. To make matters worse, the registration process is being wrongly applied. Instead of identifying terrorists, the INS in some local offices has used the special registration procedure to identify and detain people who are on the path to permanent residence, but are “out of status” — sometimes through no fault of their own. It makes no sense from security or resource perspectives to target people who eventually will be granted lawful status.

Not only is the call-in registration program ill-conceived, it also is being wrongly and ineffectively implemented and diverts law enforcement resources from initiatives that effectively enhance our security. The Department of Justice has not given the INS the necessary staff and resources to do its job and has not effectively disseminated information about the program. The paucity of information will make it likely that otherwise law-abiding people will not register or will fail to comply with program requirements and, therefore, be considered “per se” guilty of a criminal misdemeanor, deportable, and permanently barred from ever reentering the U.S.

Right now, it is only people from the designated countries that are targeted for this type of Special Registration. However, maybe next month, it will be another 10 countries and the month after another 10 countries. Eventually, the U.S. government might start having people who have relatives born in certain countries register. Eventually, the U.S. government might have U.S. Citizens register.

We must fight for civil liberties and constitutional due process for people here in the U.S. Of course no one wants there to be another terrorist attack. However, it is not real likely that a terrorist is going to go and Special Register. Therefore, the people whom are most likely to commit the terrorist acts are the very ones who will most likely not comply with the Special Registration requirements.

For many people in the U.S., this Special Registration is of no concern to them and they simply paint with a broad brush and state that we must prevent terrorism and that this is necessary. The critical concern is that it is the liberty and freedom of the United States that makes this country the best place on Earth to live. If that freedom and liberty is chipped away at, then the foundation of our country begins to erode.

We must do what is necessary to fight terrorism, but not impinge upon the duly protected constitutional rights of people. We must keep our civil rights and help those that are simply trying to make better lives for themselves. We must not target people and treat them unfairly simply because the color of their skin is different or there national origin is different. Otherwise, the terrorists have won.

https://cbocalbos.wordpress.com/tag/u-s-citizen-discrimination-case/

https://cbocalbos.wordpress.com/tag/u-s-citizen-discrimination-case/

https://cbocalbos.wordpress.com/tag/employment-discrimination/

https://californiaimmigration.us/information-regarding-filing-complaints-of-discrimination-civil-rights-violations-and-racial-profiling-towards-immigrants

PERM: What to do about the Prevailing Wage?

Question: I know that PERM is the new way for Labor Certifications to be done. However, I am unclear how to determine what type of wage should be paid for the position. Can you clarify?

Answer: This would be known as the prevailing wage. This is typically the same wage that someone of similar type experience in a similar type job receives. The way of doing the prevailing wage is considerably different from the previous method of doing a Labor Certification. State Workforce Agencies (SWAs) will provide prevailing wage determinations to employers, but will no longer receive or process applications as they do under the current system. Each State has its own methods, but they will send back to the requester a written confirmation of what is the prevailing wage for this type of position.

One difference is that in the past, the employer could pay 95% of the prevailing wage. Now, the employer must pay 100% of the prevailing wage.

Question: I heard that in the past, the typical surveys from the government have only two levels of wages that were paid. First, was the no experience and next was the completely experienced. There was nothing in between these levels. Is that system still in place?

Answer: No. The new regulations have realized that it is not realistic to have only 2 levels of wages. Therefore, where a governmental survey is used to determine prevailing wage, such survey shall provide at least 4 levels of wages commensurate with experience, education, and the level of supervision. Where an existing government survey has only 2 levels as do most of the actual surveys at this point, 2 intermediate levels may be created by dividing by 3 the difference between the two levels offered, adding the quotient thus obtained to the first level, and subtracting that quotient from the second level.

This certainly sounds somewhat complicated. However, let us take an example. Suppose the position is for a computer programmer and the wage for the two levels is as follows: No experience is $30,000 per year and completely experienced is $70,000 per year. Under the approach stated above, we would take the difference between the two levels ($70,000 – $30,000) which would be $40,000 and divide that amount by 3. Thus, $40,000 divided by 3 would be about $13,333. Thus, the first level would remain $30,000. The second level would now be $30,000 plus $13,333 which would be $43,333. The third level would now be $70,000 less $13,333 which would be $57,666 and the fourth level would remain the same at $70,000. Therefore, now with the same government survey, it is now possible to have four different levels of wages which is much more realistic to correlate experience with pay.

Question: What if an employer does not want to use the SWA analysis of the prevailing wage?

Answer: It is possible to submit another private wage survey. However, it has several requirements and can be quite labor intensive to determine if it satisfies what is necessary to show the prevailing wage.

Question: What if I disagree with the prevailing wage given by the SWA?

Answer: You can appeal that determination. However, that will most likely considerably delay your PERM application. Therefore, you should strongly consider going with the SWA determination of the wage if it is in the ‘ballpark’ of what the wage should be.

Question: When must the employer start paying the prevailing wage?

Answer: It would be only after the Labor Certification has been certified and the prospective employee actually has his or her lawful permanent residence.

I thought H-1B’s were dead!

Question: I have heard that H-1B’s were all used up for this fiscal year on the very first day. I have my Masters in Business Administration and was hoping to get an H-1B. Is there anything I can do?

Answer: Actually, there have been new H-1B provisions which have been passed by both the House and the Senate. It is simply awaiting signature by the President of the United States to make it law. It was actually passed inside of an Omnibus Budget Bill.

The new H-1B laws are entitled the ‘H-1B Visa Reform Act of 2004’. Now an employer must pay $1,500 to have an H-1B petition filed. If the employer has less than 25 employees, then the employer will only be required to pay $750.00. Additionally, there is a ‘Fraud Fee’ for both H’s and L’s of $500. Apparently, there is a big concern about fraudulently filed H’s and L’s and now everybody who files such applications must pay $500 which will go to a specific unit to investigate such fraud.

Next, the prevailing wage to be paid must be 100% (not 95%) of what is normal for the industry. However, the law now mandates that instead of the currently listed two tier wage for experience, there should be a four tier level of experience to determine the wage.

The Department of Labor will be able to conduct and initiate investigations into what it believes are employers violating the H-1B provisions.

In regards to your situation, now people who earn Master’s or higher degree from a U.S. institution are now exempt from the H-1B cap. There is a limitation of 20,000 per year for this exemption. Thus, assuming this is signed into law, it would help you for the next fiscal year. This is certainly a step in the right direction.

Question: There are certainly a lot of fees that have been added. Where are all of those fees going to go?

Answer: The distribution of money will be as follows: Job training- from 55% to 50%; Scholarship program- from 22% to 30%; National Science Foundation grant program for K-12 Math. Science and Technology education- from 15% to 10%; DHS processing from 4% to 5% and DOL processing maintained at 5%. The scholarships for computer science or other technology or science programs are increased from $3,125 to $10,000.

The most important provisions changing the H-1B program seem to be the exemption of persons with Master’s and higher education in the U.S. This will actually free up 20,000 more H-1B’s per year for everyone else. While this is not nearly enough, it is certainly a good start.