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Founded in 1986
Founding Publisher/Editor:
Lito A. Gajilan
Columnists:
Atty. Michael J. Gurfinkel
Joseph G. Lariosa
Gani P. Tolentino
Ted L. Reyes
Atty. Reuben S. Seguritan
Photographers:
Butch Gata
Sheryl Garcia
The opinions expressed by columnists are their own and do not reflect the opinion of the paper nor that of the publisher
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For the past 20 years, The Filipino Express has provided the Filipino American community the best news, arts and entertainment coverage from around the United States and the Philippines.
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This website includes selected articles from this week's edition of the Filipino Express. Not all the stories published in the printed version appear on this site.
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To tell us what you think about Filipino Express Online or to comment on the stories published here, E-mail us at Filexpress@aol.com
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SHORTER GREEN CARD WAIT FOR NANNIES
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Editor’s Note: REUBEN S. SEGURITAN has been practicing law for over 30 years. For further information, you may call him at 212 695 5281 or log on to his website at www.seguritan.com
Nannies used to wait for a very long time before they could get a green card because they were considered unskilled workers and classified under the “Other Workers” category for employment-based immigration to the U.S.
When the Program Electronic Review Management (PERM) was implemented on March 25, 2005, nannies were reclassified under the Department of Labor’s Standard Occupational Classification (SOC) and the requirements for the position fell under the EB-3 (Skilled Workers) category.
Under the SOC job description, nannies are in charge of “care for children in private households and provide support and expertise to parents in satisfying children’s physical, emotional, intellectual and social needs.” Their duties may include meal planning and preparation, laundry and clothing care, organization of play activities and outings, discipline, intellectual stimulation, language activities and transportation.
The reclassification of nannies under the EB-3 Skilled Workers category means that there are more visa numbers available and the waiting time for a green card will be shorter. On the other hand, “Other Workers” are only allocated 10,000 visas worldwide per year.
For instance, the June 2008 Visa Bulletin issued by the Department of State shows the availability of immigrant visa numbers for EB-3 Philippine applicants with priority dates on or before March 1, 2006. The date for the “other workers” category is January 1, 2003.
The employer can petition for either a live-out or live-in nanny.
To be able to petition for a foreign nanny to work permanently in the U.S., the employer must require as minimum qualification two years experience in the job. The worker should be able to provide documentation of two years experience as a nanny. These requirements should be considered typical for the position and not excessive requirements.
The employer has to offer and pay the prevailing wage for that occupation in the area of intended employment.
For both live-in and live-out nannies, the employer is required to undergo specific recruitment efforts. The employer needs to maintain a recruitment file which includes a recruitment summary, the posting notice, prevailing wage determination, job order placement, newspaper advertisements, responses and recruitment outcomes for audit purpose.
For live-in nannies, additional documentation is required. There must be a statement describing the worker’s living accommodations, number of rooms, number of adults and children in household. Free board and a private room should be provided.
The applicant must be offered a full-time, permanent position in the US. Two copies of the employment contract have to be submitted. The employer must also prove a business necessity for the live-in requirement. This can be done by documentation showing that both parents of the children are working and/or that their work schedules are erratic and require frequent travel and entertaining.
Once the labor certification is approved, the employer can file an I-140 petition for immigrant worker with the United States Citizenship and Immigration Services (USCIS).
It should be noted that if the nanny has been out of status in the U.S., he/she cannot file an adjustment of status application unless he/she is the beneficiary of a section 245 (i) petition or labor certification. Unlawful presence in the U.S. may subject him/her to a 3-year bar (if the unlawful presence lasted at least 180 days) or a 10-year bar (if one year or more).
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CHICAGO, Illinois (JGLi) – Lobbyists and supporters of Filipino Veterans Equity Bill are in cusp of finally lighting their cigars after long years of hard labor – 62 years to be exact.
But a group of Filipino veterans in San Francisco, California is unwittingly playing the role of a Grinch this summer for these veterans.
I am referring to the Veterans Equity Center, which sent out a press statement that is “seeking support for a comparable bill to SB 1315 (Veterans’ Benefits Enhancement Act) to be heard in the House” espoused by San Francisco Veterans Affairs Commissioner and Veterans Equity Center Board member, Regalado Baldonado, in a letter to Speaker Nancy Pelosi. This means that the SB 1315 would have to be shelved while the "comparable bill" will be debated.
If the Speaker will listen to Mr. Baldonado’s letter, it will mean kissing the SB 1315 goodbye. Why? Because if the Speaker will invoke the “suspension of rules” during the debate, the limited time (40 minutes) available for the debate may not be enough to convince members of the House to vote for the “comparable bill.” If this happens, then, the overwhelming passage of SB 1315 by the Senate will be a big waste.
Whereas, if the SB 1315 will be introduced by House Veterans Affairs Committee Chairman Bob Filner (Dem. SD-CA) as is instead of H.R. 760 (the Filipino Veterans Equity Bill), which is really an upgrade of SB 1315, all Mr. Filner will tell his colleagues this June is this: “The U.S. Senate as a body has voted overwhelmingly in favor of this bill, why can’t this body do the same without further debate?”
OLD TUNE
I’m sure even if Rep. Steve Buyer (R-4th-IN), the House counterpart of Senators Larry Craig (R-ID) and Richard Burr (R-NC), will likewise end up voting for SB 1315 if the “suspension of rules” is invoked by Speaker Pelosi. Why?
Because the reason being used by Rep. Buyer (a ranking House Veterans Affairs member) to oppose SB 1315 is the same – the money to be used for the Filipino veterans will be taken away from the Disabled American veterans – Rep. Buyer’s spokesman Brian Lawrence told me.
As everybody now knows this same reason was soundly rejected by the Senate when it voted for passage of this “budget-neutral” SB 1315, 96-1 last month. The only opposition vote did not even come from Senators Craig nor Burr.
I know Mr. Baldonado is supporting the “All or Nothing” tack – that if the U.S. Congress will not pass a bill that will not grant “equal,” if not “comparable benefits,” to both Filipino American veterans living in the United States and Filipino veterans living in the Philippines, then, the veterans as a whole will be satisfied with receiving nothing at all.
I don’t see anything wrong with this stand that must have been taken from the inseparable motto of the “Three Musketeers and d’Artagnan (One for All; All for One)” because the Filipino American veterans believe that they could not have succeeded in helping the U.S. Armed Forces topple Japan during World War II without the help of the Filipinos living in the Philippines. But seeking passage of a “comparable bill” will not make much any difference anymore and will just be an exercise in futility.
The veterans, who are now in their early nineties and are dying at rate of a speeding bullet train, have no more luxury of time to wait well for another 62 years!
WISHING FOR THE MOON
For the peace of mind of our Filipino American veterans living in the United States and the Filipino veterans living in the Philippines, both Filipinos and Americans are guided by same proverb in their daily lives – “A bird in hand is better than two in a bush.” Filipinos’ version runs like this: “ang naghahangad ng kagitna, san salop ang nawawala.” (Those, who crave for half, lose everything.)
If the Filipino veterans living in the Philippines appear shortchanged by SB 1315, they still have other recourse – leave a legacy where they can campaign in the Philippines to amend the Philippine Constitution that henceforth, the Philippines be declared a neutral country, like Switzerland. This means that if another country like the United States will ask in the future for manpower help to fight a war with another country, the Philippines will have to reject such entreaty.
Ms. Luisa M. Antonio’s VEC’s press statement was ambivalent – it does not frontally denounce Baldonado’s letter but appears defensive of Baldonado – when it said, “The letter of Commissioner Baldonado, taken in its proper context, reiterated his belief in Equity bill while at the same time seeking support for a comparable bill to SB 1315 to be heard by the House.”
NO TO BALIMBINGS
This balimbing (chameleonic) stance has no place in times of crisis and moment of decision as shown by the success of the People Power Revolution when Marcos and his loyalists were toppled from power.
Even, Jesus Christ invokes the same mantra when he said, “He who is not with me is against me.” (Matthew 12:30 and Luke 11:23) It’s very hard to be a two-timer (namamanka sa dalawang ilog). You can’t eat a cake and have it, too, can you?
If VEC wants public acceptance, it should renounce and denounce the letter of Baldonado if they want to support the SB 1315 for passage by the House. Otherwise, the tone of their ambivalence means that VEC is in favor of killing SB 1315 altogether.
Ms. Antonio said that Bardonado’s letter was not “the reason for the delay in the hearing of the House version of SB 1315” but the wait “for a firm number of both Republicans and Democrats
-- 290 needed – before calling for a floor vote in the House.”
If so, it would be helpful if VEC would rein in Mr. Baldonado by asking Mr. Baldonado to either withdraw or countermand his letter to Speaker Pelosi asking the Speaker to disregard his letter. If not, VEC should distance itself from the letter or denounce it. Sometimes, a very flimsy letter could be used as an escape goat in killing a bill whose passage is within everyone’s grasp. And Filipinos would sigh, “Sayang, naging perang Hapon.” (Too bad, it became a Japanese (worthless) money.) Aray! (Ouch!) (lariosa_jos@sbcglobal.net)
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LOPEZES RUN CIRCLES AROUND GMA
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In Manila, it's interesting to observe the chemistry of big politics and big businesses. You can observe the ebb and flow of real power, the interplay between business personalities and government officials.
In the past, it was Marcos for the government and the Lopez family for the private sector. The private sector had factions. The Lopez group represented sugar. It was also the principal private sector group. There were also the Benedicto family representing part of sugar and the Lucio Tan family of tobacco. The vital oil energy sector was controlled by the foreign group.
At present, one can identify the major private sector group by following the debates in media. For energy and sugar, it's the Lopez clan which is in direct confrontation with GMA. The media is hogged by this clash of the titans. The two protagonists have brought the fight to a new level. GMA is using the powerful government conglomerate led by GSIS chief Winston Garcia. We don't see the Lopez family worried.
Garcia has behind him the various government financial institutions. Will his green-eared minions prove equal to the wizened private sector leaders? The conflict appears to be building up into the business battle of the century. GMA appears to be supporting the conflict as a winner take all fight to end all fights. And the Lopez group appears to have prepared for this final showdown. They have placed all the chips on the table.
It is a winner take all combat. The whole country is at stake. When you look at the chips, it looks as if at stake is the next administration of the country. Who will be the next occupant of Malacanang?
One can easily identify the main combatants through the media. For energy and sugar, it is the Lopez family, veterans of all historical fights between government and big business. This is happening because they have sensed earlier that GMA appears to have elevated the conflict to the ultimate level. It reminds the Lopez clan of their fight with Marcos. A fight to the finish. The loser will be completely history. Even if the Lopez business empire was built over several generations.
The fight is centered in the fight for control of the Lopez jewel, Meralco. The conflict is now centered at the Securities and Exchange Commission. The protagonists are greedier and smarter. Can GMA's boys outsmart the Lopez' boys, wizened veterans of countless corporate fights in the past?
At this point, GMA's executive team appears to be outsmarted by the Lopez boys.
The early corporate skirmishes show the Meralco piling up points against the government group. Maybe GMA made a wrong decision in biting more than she can chew. It is either time for Winston Garcia, Gloria's team captain, to change strategists, or for Gloria to replace Garcia.
Talking of the issues of the fight over Meralco, the government side is full of holes. If the government's arguments are only to give away the corporate goodies to reduce costs, they are too short term. No brainer. It's either time for Winston to change strategies or for Gloria to find a replacement for her strategist. With SEC and Meralco's big shareholders on the government's side, Malacanang should by this time be already calling the shots in the power company.
During Marcos' time, we recall the fight between the dictator and the Ayala group for control of the private business sector. At that time, Marcos is perceived to be even weaker than private business compared to GMA now. What did the Ayala's do? We don't know if what the group did is what is called "iwas pusoy". The Ayala's through a series of business decisions established linkages with a few large Japanese conglomerates. Japan being at that time probably the biggest trading partner of the Philippines, RP-Japan's business romance blossomed.
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I spend half of my time daily focused on television programs. For news and investigative reportage such as 60 minutes, Timeline and 20/20, there's CNN, NBC4 and ABC7 (aside from the View and Oprah) and whenever available the BBC from UK. For entertainment KCET-28 and KCVR-24, which are non-commercial channels airing classic performances and noteworthy documentaries. The last two channels' programming are uninterrupted by commercials except for stations' request for support through membership fees and donations from televiewers.
I also subscribe to both ABS-CBN and GMA and can share with our readers the best of what these networks can offer -- in my view, of course.
Well obviously, CNN focuses on the ongoing political campaigns and world news so does BBC though I'm inclined to the British way of covering world affairs as they seem to be more objective. I suppose it's to be expected that the US networks would tend to be protective of their own interests, though one would wish US media would lead the industry as far as reportage on issues and events.
Now, let me comment on current Pinoy programming and what I've found worth watching. I'd like to make mention of Bandila and TV Patrol which airs not only on cable but on a local Asian American Channel KSCI-18 Monday thru Saturday at 4-4:30. There is also Korina Today and Rated K (on Sundays) which are interesting enough mainly because of Korina Sanchez's persona and impressive delivery of the news and interaction with her guests. For more in-depth discussions, try there's Manolo Quezon's The Explainer which discusses in-depth historical events and issues, The Media in Focus hosted by Che Che Lim-Lazaro who has long earned her niche with her acclaimed investigative journalism in Probe. Now as far as game shows, Edu Manzano's Game Ka Na Ba? tops the chart. He has done much hosting that show more than Kris Aquino ever did. And his papaya dance has become infectious. Edu did quite a turn with ex-wife Vilma Santos when she guested in a past edition. For tourist destinations and gourmet lovers, watch Tablescapes with Angel Aquino. As for the musical variety genre, there's ASAP on Sundays with Pinoy super entertainers Gary V, Martin Nievera and young actors Piolo Pascual and Maja Salvador performing to music with gusto. On GMA, the early afternoon action teleserye Joaquin Bordado has Robin Padilla in the title role and his nemesis, Eddie Garcia. The fantaserye Dyesebel with Marian Rivera as the legendary sea siren quickly follows. On weekends, Kapuso Mo, Jessica Soho is equally informative and interesting and Charo Santos' long running Maalala Mo Kaya drama anthology series continues to captivate the viewers.
There are many other soaps and shows on both channels the televiewer can choose from, if he or she has the time and inclination to do so though wanting in content, Pinoy TV programs have given actors, directors and scriptwriters much needed work and income in lieu of the slowdown of production in the Philippine motion picture industry.
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