Despite what employers see as a fierce global battle for talent, enacting policies to attract highly educated foreign-born scientists and engineers to America has proven difficult. The recent blocking of an amendment on green cards for individuals with Ph.D.s in science and engineering illustrates the problem, along with a new lawsuit filed on behalf of potential employment-based immigrants waiting for adjustment of status in the United States.
STEM Ph.D. Amendment Shelved: On July 12, 2022, the House Rules Committee did not accept a highly anticipated amendment on green card exemptions for Ph.D.s to H.R. 7900—the National Defense Authorization Act (NDAA) for Fiscal Year 2023. The amendment was sponsored by Representatives Lofgren (D-CA), Curtis (R-UT), Langevin (D-RI), Meijer (R-MI), Panetta (D-CA), Salazar (R- FL), Malinowski (D-NJ), Krishnamoorthi (D-IL) and Foster (D-IL). The amendment, according to a summary, “Exempts individuals from the numerical limits on immigration who have earned a doctoral degree from a qualified research institution in critical industries in a field involving science, technology, engineering, or mathematics (STEM).” According to a Congressional source, the House Rules Committee did not rule the amendment in order because the Congressional Budget Office (CBO) said the provision would cost $1 billion over 10 years. To address the issue and offset the cost, a $7,500 fee was added for the individuals who received permanent residence under the provision. However, the House Ways and Means Committee said the fee could not be included because it amounted to a tax and, therefore, violated Clause 5(a) of Rule 21 of the rules of the House of Representatives. Background On PAYGO: According to the House Committee on the Budget, “Generally speaking, Pay-As-You-Go—frequently referred to as ‘PAYGO’—is a rule requiring that new legislation not increase the federal budget deficit or reduce the surplus. If legislation subject to PAYGO increases the deficit through an increase in federal spending or a reduction in revenues, that increase must be offset by increased revenue or reduced spending in other areas.” The Congressional Budget Office has not made public why the amendment on exempting individuals with Ph.D.s in STEM fields in critical industries would increase costs by $1 billion over 10 years. Many immigration analysts are skeptical of the CBO estimate due to the significant benefits highly educated scientists and engineers bring to the U.S. economy. However, it is not possible to evaluate the Congressional Budget Office estimate without detailed information from CBO on its assumptions. CBO also estimated a negative fiscal impact of a similar (more expansive) provision(s) in the COMPETES Act, which passed the House in February 2022. The Ph.D. provision was in the base bill, the source noted, and there was no offset requested. It remains unclear whether the COMPETES Act or any of its particular provisions will become law, given differences over the bill between Democrats and Republicans in Congress. (See here for a discussion of the COMPETES Act and its immigration-related provisions.) Amendment On Children Of Green Card Applicants Ruled In Order: The House Rules Committee made an amendment in order—which allows it to be voted on the House floor—to help young people who may “age out” of a parent’s immigration application by reaching 21 before a parent gains permanent residence. Aging out happens primarily due to delays caused by the per-country limit and an inadequate number of employment-based green cards. “If these policies are not changed, America is not only failing us, but it is failing itself by depriving it of the contributions of children it helped raise and educate,” said Dip Patel, founder of Improve The Dream, in an interview. “America has invested in our talents and success, and the country should reap the benefits.” New Adjustment Of Status Lawsuit: In news connected to the Ph.D. STEM green card provision and the amendment to prevent children from “aging out,” on July 12, 2022, more than 60 plaintiffs with cases in 13 different jurisdictions filed a motion with the United States Judicial Panel on Multidistrict Litigation to consolidate and transfer their cases to San Francisco. The plaintiffs seek an order to ensure their employment-based adjustment of status cases are adjudicated in a timely manner. Count Angel Salazar of Staten Island among the New Yorkers disappointed by a state Supreme Court justice’s ruling throwing out a measure that would have allowed noncitizens in New York City the right to vote in municipal elections.
Salazar, 22, a Mexican-born recipient of the immigrant-protection program DACA, or deferred action for childhood arrivals, who would have gained voting rights under the new law, said last week’s ruling was “disheartening.” Due to Republican political control of much of Staten Island, where the case was heard, many people in his community “are ignored by a government that they pay taxes to through their jobs,” Salazar said. He added: “We felt that we needed someone to represent us.” Immigrant rights advocates say they plan to appeal New York Supreme Court Justice Ralph Porzio’s order striking down the law passed by the New York City Council late last year. It took effect in January, granting an estimated 800,000 to 1 million noncitizens the right to vote in municipal elections, including next year's races for Council seats. The judge’s ruling was celebrated by Republicans, a group of whom filed a lawsuit shortly after the law was passed. “Voting is a sacred right of U.S. citizens,” wrote U.S. Representative and Republican gubernatorial candidate Lee Zeldin of Long Island on Twitter. “No way should noncitizens be allowed to vote!” The lawsuit, brought by both local and national Republicans, was filed against Mayor Eric Adams, among other defendants. Adams, a Democrat, had not supported the law, but didn’t oppose it either. His predecessor, Bill de Blasio, expressed misgivings about the measure’s constitutionality, but let it become law without his signature. Porzio, sitting on Staten Island, ruled the measure violated the state constitution. Immigrant rights advocates argued that the granting of voting rights to “citizens” did not strictly mean American citizens but something broader. “Based upon a plain reading of the New York State Constitution,” wrote Porzio, "'every citizen,' in this Court’s opinion, means every citizen of the United States.” Proponents of the law, including the group Latino Justice, which joined the litigation in support of intervening defendants who would gain voting rights, said they planned an appeal. Earlier, the New York City Law Department said it was disappointed in the result and was evaluating its next steps. Noncitizens were allowed to vote in school board elections in New York City until the school boards were abolished in 2002, and currently, a number of municipalities across the country allow noncitizens to cast their votes, including 11 jurisdictions in Maryland and two in Vermont. San Francisco only allows non-citizens to vote in school board elections. Porzio sided with the plaintiffs, adding the measure violated New York State election law and the municipal home rule law as well. Local advocates for noncitizen voting rights said they weren’t surprised by the New York ruling. “This is not an issue that has been litigated ever before,” said Cesar Ruiz, an attorney at Latino Justice. “It presents some really novel and new issues.” In 2021, Ontario welcomed 198,000 new permanent residents, or nearly 49% of all new permanent residents in Canada. This is not surprising as Ontario boasts Canada’s largest population as well as its largest city. Many newcomers chose to settle in Ontario due to its strong economy, well-developed support systems, and already-established immigrant communities. Those who wish to settle in Ontario have nine pathways to choose from through Ontario’s Immigrant Nominee Program (OINP). What Is a Provincial Nomination?The Provincial Nominee Program (PNP) is designed to help provinces attract immigrants who can support local labour force needs. If a candidate meets pathway specific criteria and is nominated by a province, they can add this to their permanent residence application to Immigration, Refugees and Citizenship Canada (IRCC). Why Does Ontario Need a Provincial Nominee Program?Due to its already large immigrant population, Ontario was the last province to introduce a PNP in 2007. The introduction of the system created more opportunities for newcomers to Canada to economically establish themselves within the province and gave Ontario the ability to select individuals who would be a good fit and fill gaps in the workforce. Each Canadian province and territory (except for Quebec and Nunavut) operate their own PNPs. What Categories Does Ontario Offer?Ontario has four streams of provincial nomination and within each category there are sub-streams, adding up to a total of nine provincial immigration pathways in Ontario.
Employer Job Offer CategoryIf you are not eligible for Express Entry, you can submit an Expression of Interest (EOI) to the province through nomination in other categories. An Expression of Interest is applicable only when applying directly to the provincial government for nomination. An EOI tells the government of Ontario that you wish to be invited to apply. If choosing these pathways, you may only apply to OINP if you have received an invitation to do so. To submit an EOI, you must complete an attestation form the same day that states you meet the criteria for your chosen program and everything in your EOI is true. From here, you must wait for the province to invite you to apply for nomination.
Master and PhD CategoriesThe remaining two programs are designed specifically for master’s students and PhD students who graduate from Ontario universities and plan to stay in the province. The Masters Graduate Stream requires at least one year of study at an eligible Ontario university and graduation from the program. PhD students must complete at least two years of their PhD in Ontario. For both streams, candidates must have lived in Ontario for at least one year over the past two years. Entrepreneur CategoryThe Entrepreneur Category works somewhat differently. Candidates for this category must also submit an EOI, but if they are invited to apply, they are required to attend a mandatory interview and sign a performance agreement. If they are successful, they will be issued a temporary work permit to move to Canada and then 20 months upon arrival to implement a business plan and submit a final review. If the candidate has met business requirements, they will be asked for documentation that proves they are eligible for permanent residence.
The congestion reported at the Immigration offices, especially in the Klang Valley, is due to the sharp increase in applications and renewals of Malaysian International Passport.
Immigration director-general Datuk Seri Khairul Dzaimee Daud said passport applications and renewals had increased by 65 per cent this time, causing congestion at Immigration offices, especially in the Klang Valley. He said the Immigration Department had a supply of more than 1.2 million passports that could accommodate the sharp increase in passport applications and renewals. “The supply of passports is sufficient, we have more than 1.2 million (passports) in the store and if it runs out, the supplier will add more,” he said when contacted today when asked to comment on the congestion at the Immigration counters. Khairul Dzaimee said one of the factors behind the congestion at the Immigration offices was due to many people were present at the same time, especially in the morning, for passport applications and renewals. “For example, at the Immigration office in Shah Alam, the office is narrow and many turned up in the morning to get a passport... when they can come in the afternoon,” he said. The operating hours at six Immigration offices were extended to 10pm while the other six were extended to 6pm from May 11, to accommodate the sudden increase. The six premises with extended operating hours until 10 pm are the Immigration Department offices in Putrajaya, Kuala Lumpur, Selangor, Johor, Negri Sembilan, and Melaka, while those in Penang, Kedah, Perak, Kelantan, Terengganu, and Perlis will operate until 6pm. Khairul Dzaimee advised the public to take the opportunity of the current school holidays to apply for and renew their passports at the Immigration offices outside the Klang Valley. Prime Minister Justin Trudeau reiterated Tuesday that he does not intend to transfer all immigration powers to Quebec City, as called for by the province's premier, François Legault, who plans to make it a battle horse during the election campaign.
"A country must certainly continue to have a say in its immigration," Trudeau said Tuesday as he entered the cabinet meeting. Jurisdiction is shared between the two levels of government "because the protection of French and francophone immigration is very important to us," Trudeau added. Over the weekend, Legault made the repatriation of the family reunification process a matter of survival for the Quebec nation. He went so far as to raise the spectre of suffering the fate of Louisiana with a gradual disappearance of the French language in Quebec, if the status quo is maintained. With four months to go before the provincial election, Legault said he intends to demand a "strong mandate" from the population at the polls to give himself a real "balance of power" with Ottawa. On Tuesday morning, Trudeau's Quebec lieutenant and Heritage Minister Pablo Rodriguez noted that "Quebec already has the tools to choose a very large majority of its immigrants." |