USCIS DIRECTOR DISCUSSES TEMPORARY GUEST WORKER PROGRAM
by Michael J. Gurfinkel
Recently, Emilio T. Gonzalez, the Director of the United States
Citizenship and Immigration Services (USCIS) appeared before Congress
to give his thoughts and views on the proposals for Comprehensive
Immigration Reform (CIR), including a Temporary Worker Program
(TWP). Director Gonzalez stated that he would “look forward
to working with my DHS colleagues, the Administration, and Congress
on the vital and overdue comprehensive [immigration] reform legislation”.
Further, the various steps taken at USCIS to improve its processing
capabilities, “ have substantially enhanced our ability
to help successfully administer a Temporary Worker Program and
other obligations of the agency”. In other words, the Director
is in favor of a Temporary Worker Program and USCIS will be able
to handle the processing of any Guest Worker applications.
While the eligibility requirements for a temporary worker program
are still being discussed and debated in Congress, the Director
noted that there are at least 5 “pillars” that are
necessary in order for immigration reform to succeed:
- Effective border control.
- Interior Enforcement. (In other words, catching and removing
illegal aliens)
- A temporary worker program, to provide a legal channel
for employers to hire foreign workers to do jobs Americans are
unwilling to do.
- Bring illegal immigrants already in the country out of the
shadows.
- Help new immigrants assimilate into American Society.
Director Gonzalez noted that any new immigration reform should
include the following features:
- Clear and consistent application (or eligibility) standards,
that are “simple and straightforward”. In addition
the information provided by applicants (to prove their identity)
must be verifiable. (This is to prevent people from using fake
documents or assumed names, like in past amnesties, where people
applied for benefits such as SAW or CSS/LULAC in a different
name).
- A limit on judicial review of application decisions, to ensure
that any denials do not become a “source of never-ending
litigation”. In other words, if a person is denied,
the right to appeal may be very limited.
- Illegal aliens who have already broken the law should not
have greater access to our courts than those who have legitimately
applied for a visa or green card from outside our country. There
is no reason to grant “special treatment” to those
who rejected our laws to have to the U.S. (In other words, TNT’s
who overstayed and violated their visas should not have an advantage
over those who waited in their home country).
- USCIS must have sufficient time, flexibility, and resources
to successfully implement and manage a Temporary Worker Program.
The Director also noted that there have been major improvements
at the USCIS to detect and catch those who are attempting to commit
fraud or apply for benefits when they are not entitled. There
is a new National Security and Records Verification Division,
which includes the USCIS’s Fraud, Detection, Records and
Verification Division. There is also a Benefit Revocation Unit,
which allows USCIS to revoke “the immigration status of
those who commit crimes” or threaten US National Security.
The bottom line is that while there is no Temporary Worker
Program yet in place (and thus, there is nothing for you to
apply for at the present time), at least the USCIS is in favor
of such a program. Let’s hope that Congress will finally
pass a Guest Worker law.
Once a law is passed, you should definitely seek the advice of
a reputable attorney, (not an immigration consultant, notario,
or friend or family member who may not be knowledgeable in the
law), who can assess your eligibility, and help you apply for
immigration benefits to which you may be entitled.
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