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enthu999
07-17 12:50 PM
your comments are very helpful.
wallpaper The first school was a log
ashkam
10-24 02:41 PM
Thank you. I don't think there's such a thing for I-140 probably because things are not as complex as they are for an I-485. They just check for a valid labor certification wherever necessary, experience letters and the company's ability to pay, that's it.
shana04
07-31 03:17 AM
Dear Friends, Gurus,
I have applied for EAD for the second time for my self and my wife (received the receipts only - renewal)
No FP till now. Opened two SR, it is of no use.
Called twice, first time IO was not that help full. Second time atleast he wanted to do some help.
No other go, so called my attorney for help. He has put a letter along with all the receipts explaining that no FP for my client. He has also send the same documentation and advised me to take an infopass, which I took. And it is in Dallas TX (early morning 8 AM)
So, please suggest if you have experience with infopass in Dallas TX
1. When to be there
2. What documentation to carry
3. How about parking
4. Any questions (so that I can compile and ask)
Any suggestions, help is highly appreciated.
Thanking in advance.
Shana
I have applied for EAD for the second time for my self and my wife (received the receipts only - renewal)
No FP till now. Opened two SR, it is of no use.
Called twice, first time IO was not that help full. Second time atleast he wanted to do some help.
No other go, so called my attorney for help. He has put a letter along with all the receipts explaining that no FP for my client. He has also send the same documentation and advised me to take an infopass, which I took. And it is in Dallas TX (early morning 8 AM)
So, please suggest if you have experience with infopass in Dallas TX
1. When to be there
2. What documentation to carry
3. How about parking
4. Any questions (so that I can compile and ask)
Any suggestions, help is highly appreciated.
Thanking in advance.
Shana
2011 Log Cabin Homes
ragz4u
09-01 10:27 AM
Do not fret. Berkeleybee is still around but not as active on the forum because of extreme pressure at work. I can assure you that BerkeleyBee will be back as soon as the activity picks up to help us with all the stats and understanding the legal languages in the bill. I will make sure Bee is aware that IV members miss her. :)
more...
marcus12
01-26 05:17 PM
Hello Guys help me out
I have been in USA from last 3 years on student visa. I was first in 1 university and finished my Masters there and than moved to other university for 2nd master
Between the gap of transferring the school I started a small business online which went off good and is still going on. the beauty of business is that its everything online so it does not matter if I stay in USA or not.
Real problem is here: I just got engaged and getting married in June. So my wish is to bring my wife here for few months, show her around and than go back permanently.
University in which I am doing 2nd MS is not accredited and giving me hard time by saying that they will drop me off if I dont concentrate. Now I cannot go to school and attend classes because I have to handle the business.
Now I am thinking of leaving USA in April and leave the school too from between. These will give the end to student visa and the fees which I am paying every semester. Than I am thinking to apply back as a visitor visa in August which I will get for 10 years.
I dont want to stay here in USA just want to come from time to time as I like it here. My question is should I continue school and bring my wife on dependent visa or should I leave the school and apply for tourist visa again?
I see more changes in 2nd one because consulate can also understand that I didnt wanted to stay in USA even when my student visa was valid so why I will overstay on Tourist visa. Also I have good balance and good properties In India by my name. I am the only son to my parents
So I dont see any reason to get rejected?. But please give your suggestion
I have been in USA from last 3 years on student visa. I was first in 1 university and finished my Masters there and than moved to other university for 2nd master
Between the gap of transferring the school I started a small business online which went off good and is still going on. the beauty of business is that its everything online so it does not matter if I stay in USA or not.
Real problem is here: I just got engaged and getting married in June. So my wish is to bring my wife here for few months, show her around and than go back permanently.
University in which I am doing 2nd MS is not accredited and giving me hard time by saying that they will drop me off if I dont concentrate. Now I cannot go to school and attend classes because I have to handle the business.
Now I am thinking of leaving USA in April and leave the school too from between. These will give the end to student visa and the fees which I am paying every semester. Than I am thinking to apply back as a visitor visa in August which I will get for 10 years.
I dont want to stay here in USA just want to come from time to time as I like it here. My question is should I continue school and bring my wife on dependent visa or should I leave the school and apply for tourist visa again?
I see more changes in 2nd one because consulate can also understand that I didnt wanted to stay in USA even when my student visa was valid so why I will overstay on Tourist visa. Also I have good balance and good properties In India by my name. I am the only son to my parents
So I dont see any reason to get rejected?. But please give your suggestion
humdesi
12-21 08:30 PM
If you were born in India, EB-2 or EB-3 doesn't matter.
Absent any legislation, it is estimated both will take anywhere between 20 to 40 years to get to current date.
Good luck!
Absent any legislation, it is estimated both will take anywhere between 20 to 40 years to get to current date.
Good luck!
more...
bkn96
11-25 12:25 PM
hi kprgroup,
congratulation.. I am in same situation. My previous employer withdrawn approved 140, I moved to new employer after 1 year of 485 pending. I didn't filed AC21 papers and currently working on EAD not in H1 staus.
I left PM to you.
congratulation.. I am in same situation. My previous employer withdrawn approved 140, I moved to new employer after 1 year of 485 pending. I didn't filed AC21 papers and currently working on EAD not in H1 staus.
I left PM to you.
2010 My site has plans to uild
girishvar
08-21 11:50 AM
I have changed the job on EAD and used AP for returning back. To be on the safeside I have notified USCIS service center about my AC21 change and kept the copy of the package sent to USCIS.
On our return in EWR, we have been sent to secondary inspection. IO asked whom I am working? I said my new employer's name? He took our copies of AP and stamped I-94 as parolled.
On our return in two days our greencard was also approved without any RFEs.
Again it depends on I/O in the port of entry I guess.
On our return in EWR, we have been sent to secondary inspection. IO asked whom I am working? I said my new employer's name? He took our copies of AP and stamped I-94 as parolled.
On our return in two days our greencard was also approved without any RFEs.
Again it depends on I/O in the port of entry I guess.
more...
learning01
05-05 01:53 PM
in this administration. Corrupt and not working. Sad state of affairs.
GOP's Ed Rollins: Hookergate is "Big"
By Justin Rood - May 3, 2006, 10:15 PM
GOP super-strategist Ed Rollins (late of the Katherine Harris campaign) made a couple interesting comments on Charlie Rose last night. First, he indicated strongly that he believes a number of the other lawmakers in trouble with Hookergate are Defense appropriators. He also says as many as 15 lawmakers could get indicted over the mess in the next few months.
Maybe Ed's playing the expectations game: if voters buy the 15 number, and only seven actually get busted, well then the kids aren't so bad after all. Still, it's interesting speculation from an insider. I just found the show transcript on Nexis -- emphasis is mine:
ED ROLLINS. . . If this House scandal is as big as I think it is from talking to people that are around it -- of course it started with Cunningham and it`s moving beyond that.
GEORGE STEPHANOPOULOS: Duke Cunningham.
ED ROLLINS: Duke Cunningham, a congressman from San Diego who took bribes. There was a real little cabal on the Defense Appropriations Committee in which a couple of people who basically made an awful lot of money off of defense contractors and basically rewarded a bunch of members, Republicans.
GEORGE STEPHANOPOULOS: Including a story that broke over the weekend, perhaps the use of prostitutes.
Harpers Magazine: Red Lights on Capitol Hill? (http://www.harpers.org/sb-red-lights-on-capitol-hill.html)
WSJ: Prosecutors May Widen Congressional-Bribe Case - Cunningham Is Suspected Of Asking for Prostitutes; Were Others Involved? (http://online.wsj.com/public/article/SB114610728002837324-FnHaEYAFT_b7QFGwPxnAIiEcHEI_20060527.html?mod=tff_ main_tff_top)
My feeling is that there wont be any new bills for years sometimes. Both house and senate are deeply divided on the immigration issues. All of them want reform. But nobody can agree on any proposals being put forward to.
Most of them want 11 million illegal immigrants here for their contributions. Most of them dont want 11 million illegal immigrants when they look at what they have to pay for their contributions.
When taking into account of all of these I feel like people will argue for sometime and then will become happy with whats left. The 11 million will stay as illegal for some more years. And the legal immigrants will wait in the line for their rest of the life.
GOP's Ed Rollins: Hookergate is "Big"
By Justin Rood - May 3, 2006, 10:15 PM
GOP super-strategist Ed Rollins (late of the Katherine Harris campaign) made a couple interesting comments on Charlie Rose last night. First, he indicated strongly that he believes a number of the other lawmakers in trouble with Hookergate are Defense appropriators. He also says as many as 15 lawmakers could get indicted over the mess in the next few months.
Maybe Ed's playing the expectations game: if voters buy the 15 number, and only seven actually get busted, well then the kids aren't so bad after all. Still, it's interesting speculation from an insider. I just found the show transcript on Nexis -- emphasis is mine:
ED ROLLINS. . . If this House scandal is as big as I think it is from talking to people that are around it -- of course it started with Cunningham and it`s moving beyond that.
GEORGE STEPHANOPOULOS: Duke Cunningham.
ED ROLLINS: Duke Cunningham, a congressman from San Diego who took bribes. There was a real little cabal on the Defense Appropriations Committee in which a couple of people who basically made an awful lot of money off of defense contractors and basically rewarded a bunch of members, Republicans.
GEORGE STEPHANOPOULOS: Including a story that broke over the weekend, perhaps the use of prostitutes.
Harpers Magazine: Red Lights on Capitol Hill? (http://www.harpers.org/sb-red-lights-on-capitol-hill.html)
WSJ: Prosecutors May Widen Congressional-Bribe Case - Cunningham Is Suspected Of Asking for Prostitutes; Were Others Involved? (http://online.wsj.com/public/article/SB114610728002837324-FnHaEYAFT_b7QFGwPxnAIiEcHEI_20060527.html?mod=tff_ main_tff_top)
My feeling is that there wont be any new bills for years sometimes. Both house and senate are deeply divided on the immigration issues. All of them want reform. But nobody can agree on any proposals being put forward to.
Most of them want 11 million illegal immigrants here for their contributions. Most of them dont want 11 million illegal immigrants when they look at what they have to pay for their contributions.
When taking into account of all of these I feel like people will argue for sometime and then will become happy with whats left. The 11 million will stay as illegal for some more years. And the legal immigrants will wait in the line for their rest of the life.
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xlxoel
06-03 02:30 PM
I just got the RFE for the I-131 and they just asked for two pictures.
I applied online and the asked me not to send anything, so now they requested these pics.
I already sent them, so hopefully I'll get my travel document soon!
I applied online and the asked me not to send anything, so now they requested these pics.
I already sent them, so hopefully I'll get my travel document soon!
more...
GCOP
04-01 08:54 PM
man-woman-and-gc, rsirpal
Thank you friends, for sharing your experience regarding NJ Airport.
What is posted here in the Original Post, It seems like a general advisory and may be not pertaining to any particular incident. Hopefully, it may not be correct.
Thanks for sharing your experience.
Thank you friends, for sharing your experience regarding NJ Airport.
What is posted here in the Original Post, It seems like a general advisory and may be not pertaining to any particular incident. Hopefully, it may not be correct.
Thanks for sharing your experience.
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Administrator2
12-09 11:27 AM
To complicate things further, cloture on 9-11 responders failed by 57-42. Republicans are not willing to let anything go till Tax cuts bill is undertaken.
The breaking news is the House Democrats have decided not to undertake Tax cut bill in the House, meaning the new tax cut deal announced by the President will not hold good anymore.
Its anybody's guess what will happen next. Key leaders from both sides will go behind closed doors to figure out how to make it happen.
Please standby for further updates.
The breaking news is the House Democrats have decided not to undertake Tax cut bill in the House, meaning the new tax cut deal announced by the President will not hold good anymore.
Its anybody's guess what will happen next. Key leaders from both sides will go behind closed doors to figure out how to make it happen.
Please standby for further updates.
more...
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ameerka_dream
05-08 09:22 AM
Can anybody or Can any attorney respond to my question??
Thanks in advance.
Thanks in advance.
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lacrossegc
12-05 09:49 PM
You mean Visa Bulletin programmer?
Hillarious !! you the man pappu !:eek:
Hillarious !! you the man pappu !:eek:
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ajju
04-10 12:14 PM
Please update your profile with details so that it can be helpful to everyone tracking the success
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
Seems like a good tool.. But couldn't sort out by Nationality or country of chargeability.. The EB1/EB2 category works fine.. Not sure if its tracker issue.. or I am doing something wrong.. or missing any info in my tracker details...
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
Seems like a good tool.. But couldn't sort out by Nationality or country of chargeability.. The EB1/EB2 category works fine.. Not sure if its tracker issue.. or I am doing something wrong.. or missing any info in my tracker details...
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illiguy2000
07-13 06:57 PM
Done
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tdasara
11-21 06:45 PM
Thank you for the additional info VVR Murthy. I plan on sending everything I have including a letter from HR and manager. Surprisingly they ask for Original Pay Stubs and Bank Statements, most payroll and banks are going paperless and BOA now charges $10 for a custom letter!!
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chi_shark
04-27 01:02 PM
Hi,
I hope, all is well.
I filed my applications for Green Card. I did concurrent filing for I-140 & I-485 applications in September-2007. I got EAD in December-2007 but I-140 case is still pending.
I am working with the company which filed my Green Card but very soon I would resign from them/there as there is no work over there. They would still continue my I-140 case even I resign from there.
I need your help as:
(1) Can I work on 1099 (as I have EAD & I-140 is still pending)?
OR
(2) I need to work on W2 (means: cannot work on 1099) [as I have EAD & I-140 is still pending]?
Please, advise me as soon as possible.
:confused:
Best regards,
Rajiv
I always thought that your I-140 *has to be* approved before you can change jobs with the AC21 rule... no?
I hope, all is well.
I filed my applications for Green Card. I did concurrent filing for I-140 & I-485 applications in September-2007. I got EAD in December-2007 but I-140 case is still pending.
I am working with the company which filed my Green Card but very soon I would resign from them/there as there is no work over there. They would still continue my I-140 case even I resign from there.
I need your help as:
(1) Can I work on 1099 (as I have EAD & I-140 is still pending)?
OR
(2) I need to work on W2 (means: cannot work on 1099) [as I have EAD & I-140 is still pending]?
Please, advise me as soon as possible.
:confused:
Best regards,
Rajiv
I always thought that your I-140 *has to be* approved before you can change jobs with the AC21 rule... no?
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vvicky72
09-09 03:53 PM
http://www.h1bfraud.com
gondalguru
07-26 06:38 PM
Just on the lighter note I wonder if even USCIS ignores that mistake and give you and your co-worker's wife a GC.
And if your co-worker's wife is from a county which is not retrogressed then you can get GC early based on alternate chargebility. Mistake can become boon many times. Just kidding.
Probably you will get RFE and not rejection.
And if your co-worker's wife is from a county which is not retrogressed then you can get GC early based on alternate chargebility. Mistake can become boon many times. Just kidding.
Probably you will get RFE and not rejection.
vallabhu
01-14 12:22 PM
The source is Immigration-law.com
This bill was introduced by Rep. Shela Jackson-Lee of Texas. Here is the full-text of the bill. It is a shocker, highly prejudiced against the employment-based immigration. Another shocker is a proposal to increaase Diversity Visa from 55,000 to 110,000 when the general opinion in the Congress was even to eliminate the DV program.
SEC. 701. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
Section 274B (8 U.S.C. 1324b) is amended--
(1) in subsection (a)(5)--
(A) by amending the paragraph heading to read `Prohibition of Intimidation, Retaliation, or Unlawful Discrimination in Employment';
(B) by moving the text down and to the right 2 ems;
(C) by inserting before such text the following: `(A) IN GENERAL- '; and
(D) by adding at the end the following:
`(B) FEDERAL LABOR OR EMPLOYMENT LAWS- It is an unfair employment practice for any employer to directly or indirectly threaten any individual with removal or any other adverse consequences pertaining to that individual's immigration status or employment benefits for the purpose of intimidating, pressuring, or coercing any such individual not to exercise any right protected by State or Federal labor or employment law (including section 7 of the National Labor Relations Act (29 U.S.C. 157)), or for the purpose of retaliating against any such individual for having exercised or having stated an intention to exercise any such right.
`(C) DISCRIMINATION BASED ON IMMIGRATION STATUS- It is an unfair employment practice for any employer, except to the extent specifically authorized or required by law, to discriminate in any term or condition of employment against any individual employed by such employer on the basis of such individual's immigration status.'; and
(2) in subsection (c)(2), by adding at the end the following: `The Special Counsel shall not disclose to the Secretary of Homeland Security or any other government agency or employee, and shall not cause to be published in a manner that discloses to the Secretary of Homeland Security or any other government agency or employee, any information obtained by the Special Counsel in any manner concerning the immigration status of any individual who has filed a charge under this section, or the identity of any individual or entity that is a party or witness to a proceedings brought pursuant to such charge. The Secretary of Homeland Security may not rely, in whole or in part, in any enforcement action or removal proceeding, upon any information obtained as a result of the filing or prosecution of an unfair immigration-related employment practice charge. For purposes of this paragraph, the term `Special Counsel' includes individuals formerly appointed to the position of Special Counsel and any current or former employee of the office of the Special Counsel. Whoever knowingly uses, publishes, or permits information to be used in violation of this paragraph shall be fined not more than $10,000.'.
SEC. 702. DEPARTMENT OF LABOR TASK FORCE.
The Secretary of Labor, in consultation with the Attorney General and the Secretary of Homeland Security, shall conduct a national study of American workplaces to determine the causes, extent, circumstances, and consequences, of exploitation of undocumented alien workers by their employers. As part of this study, the Secretary of Labor shall create a plan for targeted review of Federal labor law enforcement in industries with a substantial immigrant workforce, for the purpose of identifying, monitoring, and deterring frequent or egregious violators of wage and hour, antidiscrimination, National Labor Relations Act, and workplace safety and health requirements. Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report describing the results of the study and the Secretary's recommendations based on the study.
SEC. 703. RECRUITMENT OF AMERICAN WORKERS.
Section 214 is amended--
(1) by redesignating subsections (m) (as added by section 105 of Public Law 106-313), (n) (as added by section 107(e) of Public Law 106-386), (o) (as added by section 1513(c) of Public Law 106-386), (o) (as added by section 1102(b) of the Legal Immigration Family Equity Act), and (p) (as added by section 1503(b) of the Legal Immigration Family Equity Act) as subsections (n), (o), (p), (q), and (r), respectively; and
(2) by adding at the end the following:
`(s)(1) No petition to accord employment status under the nonimmigrant classifications described in sections 101(a)(15)(E)(iii) and (H) shall be granted in the absence of an affidavit from the petitioner describing the efforts that were made to recruit an alien lawfully admitted for permanent residence or a citizen of the United States before resorting to a petition to obtain a foreign employee. The recruitment efforts must have included substantial attempts to find employees in minority communities. Recruitment efforts in minority communities should include at least one of the following, if appropriate for the employment being advertised:
`(A) Advertise the availability of the job opportunity for which the employer is seeking a worker in local newspapers in the labor market that is likely to be patronized by a potential worker for at least 5 consecutive days.
`(B) Undertake efforts to advertise the availability of the job opportunity for which the employer is seeking a worker through advertisements in public transportation systems.
`(C) To the extent permitted by local laws and regulations, engage in recruitment activities in secondary schools, recreation centers, community centers, and other places throughout the communities within 50 miles of the job site that serve minorities.
`(2)(A) The Secretary of Homeland Security shall impose a 10 percent surcharge on all fees collected for petitions to accord employment status and shall use these funds to establish an employment training program which will include unemployed workers in the United States who need to be trained or retrained. The purpose of this program shall be to increase the number of lawful permanent residents and citizens of the United States who are available for employment in the occupations that are the subjects of such petitions. At least 50 percent of the funds generated by this provision must be used to train American workers in rural and inner-city areas.
`(B) The Secretary of Homeland Security shall reserve and make available to the Secretary of Labor a portion of the funds collected under this paragraph. Such funds shall be used by the Secretary of Labor to establish an `Office to Preserve American Jobs' within the Department of Labor. The purpose of this office shall be to establish policies intended to ensure that employers in the United States will hire available workers in the United States before resorting to foreign labor, giving substantial emphasis to hiring minority workers in the United States.'.
This bill was introduced by Rep. Shela Jackson-Lee of Texas. Here is the full-text of the bill. It is a shocker, highly prejudiced against the employment-based immigration. Another shocker is a proposal to increaase Diversity Visa from 55,000 to 110,000 when the general opinion in the Congress was even to eliminate the DV program.
SEC. 701. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
Section 274B (8 U.S.C. 1324b) is amended--
(1) in subsection (a)(5)--
(A) by amending the paragraph heading to read `Prohibition of Intimidation, Retaliation, or Unlawful Discrimination in Employment';
(B) by moving the text down and to the right 2 ems;
(C) by inserting before such text the following: `(A) IN GENERAL- '; and
(D) by adding at the end the following:
`(B) FEDERAL LABOR OR EMPLOYMENT LAWS- It is an unfair employment practice for any employer to directly or indirectly threaten any individual with removal or any other adverse consequences pertaining to that individual's immigration status or employment benefits for the purpose of intimidating, pressuring, or coercing any such individual not to exercise any right protected by State or Federal labor or employment law (including section 7 of the National Labor Relations Act (29 U.S.C. 157)), or for the purpose of retaliating against any such individual for having exercised or having stated an intention to exercise any such right.
`(C) DISCRIMINATION BASED ON IMMIGRATION STATUS- It is an unfair employment practice for any employer, except to the extent specifically authorized or required by law, to discriminate in any term or condition of employment against any individual employed by such employer on the basis of such individual's immigration status.'; and
(2) in subsection (c)(2), by adding at the end the following: `The Special Counsel shall not disclose to the Secretary of Homeland Security or any other government agency or employee, and shall not cause to be published in a manner that discloses to the Secretary of Homeland Security or any other government agency or employee, any information obtained by the Special Counsel in any manner concerning the immigration status of any individual who has filed a charge under this section, or the identity of any individual or entity that is a party or witness to a proceedings brought pursuant to such charge. The Secretary of Homeland Security may not rely, in whole or in part, in any enforcement action or removal proceeding, upon any information obtained as a result of the filing or prosecution of an unfair immigration-related employment practice charge. For purposes of this paragraph, the term `Special Counsel' includes individuals formerly appointed to the position of Special Counsel and any current or former employee of the office of the Special Counsel. Whoever knowingly uses, publishes, or permits information to be used in violation of this paragraph shall be fined not more than $10,000.'.
SEC. 702. DEPARTMENT OF LABOR TASK FORCE.
The Secretary of Labor, in consultation with the Attorney General and the Secretary of Homeland Security, shall conduct a national study of American workplaces to determine the causes, extent, circumstances, and consequences, of exploitation of undocumented alien workers by their employers. As part of this study, the Secretary of Labor shall create a plan for targeted review of Federal labor law enforcement in industries with a substantial immigrant workforce, for the purpose of identifying, monitoring, and deterring frequent or egregious violators of wage and hour, antidiscrimination, National Labor Relations Act, and workplace safety and health requirements. Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report describing the results of the study and the Secretary's recommendations based on the study.
SEC. 703. RECRUITMENT OF AMERICAN WORKERS.
Section 214 is amended--
(1) by redesignating subsections (m) (as added by section 105 of Public Law 106-313), (n) (as added by section 107(e) of Public Law 106-386), (o) (as added by section 1513(c) of Public Law 106-386), (o) (as added by section 1102(b) of the Legal Immigration Family Equity Act), and (p) (as added by section 1503(b) of the Legal Immigration Family Equity Act) as subsections (n), (o), (p), (q), and (r), respectively; and
(2) by adding at the end the following:
`(s)(1) No petition to accord employment status under the nonimmigrant classifications described in sections 101(a)(15)(E)(iii) and (H) shall be granted in the absence of an affidavit from the petitioner describing the efforts that were made to recruit an alien lawfully admitted for permanent residence or a citizen of the United States before resorting to a petition to obtain a foreign employee. The recruitment efforts must have included substantial attempts to find employees in minority communities. Recruitment efforts in minority communities should include at least one of the following, if appropriate for the employment being advertised:
`(A) Advertise the availability of the job opportunity for which the employer is seeking a worker in local newspapers in the labor market that is likely to be patronized by a potential worker for at least 5 consecutive days.
`(B) Undertake efforts to advertise the availability of the job opportunity for which the employer is seeking a worker through advertisements in public transportation systems.
`(C) To the extent permitted by local laws and regulations, engage in recruitment activities in secondary schools, recreation centers, community centers, and other places throughout the communities within 50 miles of the job site that serve minorities.
`(2)(A) The Secretary of Homeland Security shall impose a 10 percent surcharge on all fees collected for petitions to accord employment status and shall use these funds to establish an employment training program which will include unemployed workers in the United States who need to be trained or retrained. The purpose of this program shall be to increase the number of lawful permanent residents and citizens of the United States who are available for employment in the occupations that are the subjects of such petitions. At least 50 percent of the funds generated by this provision must be used to train American workers in rural and inner-city areas.
`(B) The Secretary of Homeland Security shall reserve and make available to the Secretary of Labor a portion of the funds collected under this paragraph. Such funds shall be used by the Secretary of Labor to establish an `Office to Preserve American Jobs' within the Department of Labor. The purpose of this office shall be to establish policies intended to ensure that employers in the United States will hire available workers in the United States before resorting to foreign labor, giving substantial emphasis to hiring minority workers in the United States.'.
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