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12/9/2021 Issue
Happy Holidays!

PLAN “C”: STEP 1 1/2
      Where is Plan “C”? What happened to it?
           It is still in the hands of the Parliamentarian of the Senate.
           The good news is that the Parliamentarian did not reject it out of hand like she did with Plans “A” and “B”. Instead, a series of meetings and hearings, formal and informal, was held about the contents of the plan, its scope and its potential cost to the government. Actually, some bargaining, maybe “fine tuning” of the plan.
           What it all means is that there is still a chance that Plan “C” would become a reality.
           There is no “deadline” for this. It is part of the much, much bigger President Biden’s Build Back Better Act. Now the Democrats say that they hope to accomplish something by Christmas (this year).
           Wait and see.

           The 9th Circuit Court of Appeals decided that the government can deny an application even if the applicant was not truthful about other matters that have nothing to do with the application.
           In this case, it was an applicant from China who gave incorrect answers to questions on a Visitor’s Visa (B2) application. This was enough to justify a denial of a much later, completely unrelated application filed by the same applicant while in the U.S.
           Conclusion: Lies on paper live forever.


           The same Court of Appeals (the 9th), issued another decision, more favorable to applicants.
           The court said that one factor should not be enough to decide that an applicant was not credible.
           It is necessary to examine the TOTALITY OF THE CIRCUMSTANCES before reaching a finding that the applicant is not to be believed.
           Conclusion: A single discrepancy (but not an outright lie) can still be explained away.


           An application for LABOR CERTIFICATION is the first step (out of three) required in almost all applications for a Green Card based on an OFFER OF EMPLOYMENT.
 This application is submitted by the prospective employer to the U.S. DOL. During the Trump
administration, there was a slow-down of the process. It was taking up to 12 months (one full year) for such an application to be approved by the Department of Labor.
           However, recently we began to see approvals of Labor Certifications within six (6) months. Hallelujah!  Maybe, since it is all done electronically, they could make an effort and process such application in 3 months? (I, and all prospective employers, keep dreaming).


           I did not know, and probably most people did not know, that major utility companies, those that provide water, electricity, cable, etc., were providing their customers’ information to EQUIFAX (a credit reporting company). Equifax would then create a database with names, addresses, etc. of the utility customers and sell it to interested buyers – including ICE (U.S. Immigration & Customs Enforcement). This was probably the easiest way for ICE to catch up with non-citizens they want to detain.
           However, recently Senator Ron Wyden (Democrat from Oregon), reached an agreement with the organization of major utilities to block Equifax from selling utilities customers’ information to ICE.
           May the Force be with Senator Wyden.
3250 Wilshire Blvd., Suite 1918
Los Angeles, CA 90010
(213) 383-3222