10 Dec 2011
New Plan to Strengthen US, Canada Partnership, Secure Borders
11 Feb 2012
Department of Labor to Publish Final Rule Regarding H-2B Worker Program
08 Feb 2012
DHS and TSA to Expand Pre-Screening Program for Airline Travelers
03 Feb 2012
USCIS Published Final Rule to Make Changes to Schedule of Fees for Consular Services
01 Feb 2012
Pending Final Rule Would Enable the Issuance of L Visas Based on the Visa Reciprocity Schedule
The Department of Labor (DOL) will publish its final rule regarding the non-agricultural employment of H-2B nonimmigrants on February 22, 2012. In this final rule, DOL will amend its regulations regarding the certification of employment of nonimmigrants working in temporary or seasonal non-agricultural positions in the United States, as well as the enforcement of the obligations of employers of these nonimmigrant workers.
The final rule amends the process by which employers obtain temporary labor certifications from DOL for use in petitioning the Department of Homeland Security for nonimmigrant H-2B workers. In addition, it improves the levels of protections for both U.S. and nonimmigrant workers under the H-2B program. This rule will be effective 60 days after its publication in the Federal Register.
The Department of Homeland Security (DHS) and Transportation Security Administration (TSA) today announced that they will be expanding the TSA Prev™ program, a pres-screening program, to additional airports across the U.S. The program has initially been piloted in seven locations. To date, over 336,000 passengers have been screened through TSA Prev™ lanes, enabling TSA to focus on passengers the agency knows less about, while enabling a more expedited screening process for travelers who provide information about themselves prior to flying.
“TSA Prev™ moves us closer to our goal of delivering the most effective and efficient screening by recognizing that most passengers do not pose a threat to security,” said John S. Pistole, TSA Administrator. “We are pleased to expand this important effort, in collaboration with our airline and airport partners, as we move away from a one-size-fits-all approach to a more intelligence-driven, risk-based transportation security system.”
The program currently operates with American Airlines at airports in Dallas, Miami, Las Vegas, Minneapolis and Los Angeles, and with Delta Air Lines at airports in Atlanta, Detroit, Las Vegas, and Minneapolis. US Airways, United Airlines and Alaska Airlines will all begin participating in the program later this year.
Through 2012, the program will be expanded to include the following airport locations:
Click here to view full list of locations.
USCIS has published a new update of the amount of cap-subject H-2B visas received for the first half of Fiscal Year 2012. According to USCIS, as of December 30, 2011, the federal agency has received 17,176 petitions toward the H-2B cap amount of 33,000 for the first half of Fiscal Year 2012. This total includes 11,414 approved petitions and 5,762 pending petitions, and is an increase of just over 2,000 petitions since the last update on December 23, 2011.
The H-2B non-agricultural temporary worker visa program enables U.S. employers to hire foreign nationals to fill temporary non-agricultural positions in the U.S. There is a Congressionally-mandated annual cap for how many H-2B visas can be issued each year; 66,000 per fiscal year. This total is then separated into two half-years, allowing for 33,000 visas for the first half of the fiscal year (October 1 to March 31) and 33,000 for the second half of the fiscal year (April 1 to September 30).
A new pending final rule published by the Department of State would permit the issuance of L visas with validity periods based on the visa reciprocity schedule. The current rule limits such visas to the petition validity period. The validity period, which is determined by USCIS, cannot exceed three years. Petitioners are allowed to apply to USCIS for extensions of validity in two year increments; the total period of stay, however, cannot exceed five years for immigrants employed in a special knowledge capacity or seven years for immigrants employed in a managerial or executive capacity.
The pending final rule would change regulations so that the L visa validity period would be based on schedules provided to consular offices by the Department of State. These schedules would “reflect the reciprocal treatment the applicant’s country accords U.S. nationals, U.S. permanent residents or aliens granted refugee status in the United States,” reports the Department of State. Nationals from countries for which the reciprocity schedule prescribes visa validity for a longer period of time that the initial validity period indicated in the petition that was approved by the Department of Homeland Security and who have extended their stay in the U.S. would benefit from the pending rule. They would not need to re-apply for an L visa at a U.S. Embassy or Consulate overseas if they travel outside the U.S. during the period specified in the relevant reciprocity schedule.
06 Jan 2012
AILA Applauds Plans for a Revised Immigration Waiver Process
New Rule Change to Help Reduce the Time Spouses and Children Are Separated From U.S. Citizen Relatives While They Complete the Process for Legal Status in the United States
WASHINGTON, DC – The American Immigration Lawyers Association (AILA) applauds the Department of Homeland Security's announcement today of a proposed process change that would allow spouses and children of U.S. citizens who are in the U.S. but need a waiver of unlawful presence in order to get a green card to apply for that waiver within the U.S.
Under the current system, the waiver application must be submitted in the immigrant's home country. This proposed rule change will allow spouses and children of U.S. citizens to apply for a provisional waiver of unlawful presence while remaining in the U.S., which keeps families together and minimizes the time they could be separated during the process. If the waiver is granted, the foreign national will then leave the U.S., apply for his or her immigrant visa abroad, and return to his or her loved ones in a shorter amount of time. The change will give countless American families a chance to stay together safely and legally.
"Although this is just a small part of dealing with the dysfunction of our immigration system, it represents a significant change in process for many individuals," said Eleanor Pelta, president of AILA. "It's a move that will be less destructive to families and bring about a fairer and more streamlined waiver process. Right now people who have accumulated unlawful presence in the U.S. who leave the country to apply for a green card have to wait abroad, often for months or years.
"This adjustment to the rule is important," Pelta added, "because it will literally save lives. Unfortunately, most waiver applications are filed in Ciudad Juarez on the U.S.-Mexico border, an extremely dangerous city these days, and more than one applicant has been murdered or seriously harmed while waiting there."
AILA also considers the proposed action to be smart enforcement because it will allow the Department of Homeland Security to better focus its resources on keeping America secure and safe.
14 Dec 2011
New DOL Guide Will Help Prospective H-2A Employers
In its ongoing process to ease and streamline the process of immigration requests and management, the Department of Labor has created and posted a new Employer Guide for Participating in the H-2A Temporary Agricultural Program. This guide, available to help prospective H-2A employers prepare their agricultural job openings and applications, summarizes and explains core components and requirements of the H-2A program.
The guide provides input on what documents should be filed, key timeframes and deadlines, helpful tips for filing and information on how to contact the National Processing Center for additional assistance.
To view a copy of the employer guide, visit http://www.foreignlaborcert.doleta.gov/pdf/H-2A_Employer_Handbook.pdf.
In February 2011, President Barack Obama and Canadian Prime Minister Stephen Harper announced a new agreement, Beyond the Border: A Shared Vision for Perimeter Security and Economic Competitiveness. This declaration described a new approach to security in which the two nations will share responsibility for security of the two nations.
The agreement identifies for areas in which the two countries will cooperate – addressing threats early; facilitating trade, economic growth and increasing job opportunities; cross-border law enforcement; and critical infrastructure and cybersecurity. The nations will work together with respect for national sovereignty, civil rights and liberties, protection of privacy and respect of the legal framework of both countries.
On December 7, 2011, Obama and Harper announced the Beyond the Border Action Plan. The Department of Homeland Security is currently seeking public input on this plan, which can be read in the December 9, 2011, Federal Register.
07 Dec 2011
Local and District Offices No Longer Accepting Certain Naturalization/Citizenship Forms
In October 2011, USCIS announced process improvements for particular naturalization and citizenship forms. Part of this process was to centralize the intake of Forms N-336, N-600 and N-600K to the Phoenix Lockbox facility, and Form N-300 to the Dallas Lockbox facility. This change was implemented to streamline the way that forms are processed by USCIS and improve the speed and efficiency of the federal agency.
USCIS has just published a reminder: all forms affected by this change that are received at local and district offices after December 2, 2011, are now no longer being forwarded to the appropriate USCIS Lockbox facility for processing. Instead these forms are being returned to the filer with instructions on how to correctly file the form (and what Lockbox location to submit it to).
15 Nov 2011
Blanket L Visa Processing in India Moves to Chennai
Mission India has designated the Consul General in Chennai as the only post in India authorized to adjudicate Blanket L visa applications. This is effective 12/1/2011. L-2 visas for spouses and children (L-2) and individual L visas (L-1A and L-1B individuals) may still be processed at all posts in India.
20 Nov 2011
Department of State Temporarily Halts Issuance of Student Visas Due to Technical Difficulty
The Department of State has just identified a problem with the communication process between its Consolidated Consular Database and the Student and Exchange Visitor Program’s Student and Exchange Visitor Information System (SEVIS). This issue was identified on Monday, November 14, 2011. The two agencies are now investigating this communication difficulty in order to provide a resolution as soon as possible. According to the Department of State, in order to ensure the highest level of data integrity and consistency, the issuance of all F, M and J visas has been temporarily halted at all U.S. embassies and consulates. This may affect the travel schedules and plans of prospective students and exchange visitors.
21 Dec 2011
DOL Reminds Petitioners of UPS Holiday Schedule
The Department of Labor’s Office of Foreign Labor Certification is reminding petitioners of the holiday schedule for United Parcel Service (UPS). UPS will not be providing delivery or pick-up services on Friday, December 23, 2011. All petitioners, DOL states, should make sure they submit their correspondence in a timely fashion to the Chicago National Processing Center to ensure UPS pick-up scheduling over the holiday week.
The Chicago National Processing Center will work hard to ensure that all H-2A and H-2B deadlines for December 23 and 26, 2011, are met by December 22, 2011. It is important that petitions and other requests are sent with the UPS schedule in mind.
18 Dec 2010
Final Rule Establishes New Immigration Procedures for the Commonwealth of the Northern Mariana Islands
A final rule that amends the Department of Homeland Security's (DHS) E-2 nonimmigrant treaty investor regulation processes was recently passed. This new rule establishes procedures for classifying long-term investors in the Commonwealth of the Northern Mariana Islands (CNMI) as E-2 nonimmigrants.
While CNMI, located in the Western Pacific, is a U.S. territory and is subject to U.S. laws and regulations, the territory has maintained its own immigration regulations to date. This new rule extends U.S. immigration regulations to CNMI, ensuring that the territory is subject to the scrutiny and systems of U.S. immigration law.
17 Dec 2010
DREAM Act May be Headed for a Senate Vote this Weekend
Majority Senate Leader Harry Reid (D-NV) filed cloture on the DREAM Act Thursday evening, paving the way for a potential Senate vote on the immigration reform bill this Saturday. For the bill to pass, it will need the support of 60 Senators, something that will be quite challenging in the current Senate.
The DREAM Act, if approved by the Senate and signed into law by President Obama, would provide a path for permanent residency for the more than 800,000 young people who have been in the U.S. for 5 to 29 years. By staying in school or serving in the military, paying certain fees and keeping a clean criminal record for more than 10 years, these people would be able to apply for legal status and, eventually, citizenship.
09 Dec 2010
House Passes DREAM ACT; Uphill Battle in Senate
The U.S. House of Representatives voted to pass the DREAM Act on Wednesday night, sending the immigration reform bill to the Senate. The DREAM Act would provide a path to citizenship for hundreds of thousands of illegal immigrants who entered the United States when they were children.
“This is about a commitment to our future,” said Nancy Pelosi, D-Calif., Speaker of the House. “It’s about a recognition of what these young people can mean for our country.”
The DREAM Act proposes to give “conditional” green cards to undocumented immigrants if they graduate high school and enter college or military service. After ten years, these individuals would be eligible to receive permanent residency and, eventually, citizenshp, as long as they meet all other requirements.
While the House vote is good news for supporters of the DREAM Act, there will be a tough fight in the senate. While many Republican senators originally supported the bill, the majority of Republican senators now oppose it, considering the bill a mass amnesty for illegal immigrants. For the bill to pass the Senate, it will need the support of the majority of Democrats and a few Republicans.
07 Dec 2010
U.S. Makes Changes to Visa Application Process in Mexico
Starting January 10, 2011, the U.S. Embassy and Consulates in Mexico will make changes to the way visas are processed. Under new procedures, the majority of applicants will visit an Applicant Service Center (ASC) before their consular section interview. Staff at the ASC will collect biometric information that will be reviewed prior to the applicants’ interviews with the consular section. These service centers will be located in buildings not connected to the U.S. Embassy or Consulates.
Please note that the total cost for visa applications will go down. Instead of paying separate fees for obtaining information and scheduling an appointment, the visa application and courier services, applicants will now pay just one fee that covers all three above-stated fees. The application fee will remain the same: $140 for a tourist application, $150 for a petition-based case and $390 for a treaty-trader or investor visa.
Please additionally note that applicants at the U.S. Consulates in Ciudad Juarez, Monterrey and Nuevo Laredo will no longer be required to pay a $26 surcharge.
03 Dec 2010
New Pilot Program Will Ease Travel for Frequent Fliers
A new program will ease the process for frequent fliers to pass through immigration and customs between the United States and Mexico. The pilot program will be an expansion of the Global Entry program.
Applicants for the new pilot program will be required to pass robust background checks and will additionally be required to provide biometrical data. If approved for participation, the applicants will be able to use Global Entry kiosks at U.S. airports to receive travel approval, after providing their passports or resident cards, providing digital fingerprints and answering customs declaration questions on the kiosk.
27 Jan 2012
Obama Administration Suggests Closing of Deportation Procedures for 1,600 Immigrants
25 Jan 2012
Department of State Launches New Online Passport Card Application Pilot Program
21 Jan 2012
Countries Whose Nationals May Participate in H-2A and H-2B Visa Programs Identified
19 Jan 2012
Departments of State and Homeland Security Collaborate on New Visa Pilot Program
13 Jan 2012
Visa Requests from China and Brazil Increase in FY 2012
12 Jan 2012
USCIS Changes Filing Locations for Form I-130, the Petition for Alien Relative
07 Jan 2012
USCIS Proposes Procedural Change to Waiver of Unlawful Presence Pre-adjudication Process
04 Jan 2012
USCIS Releases Update on H-2B Cap for First Half of Fiscal Year 2012
USCIS has changed the filing location for Form I-130, the Petition for Alien Relative. As of January 1, 2012, domestic petitioners should mail their stand-alone I-30 applications to either the Chicago or Phoenix Lockbox, depending on where they reside. This change will enable USCIS to balance workloads between the two lockbox locations and more effectively process I-130 forms.
USCIS notes that there will be no change in filing locations for petitioners submitting Form I-130 along with Form I-485, the Application to Register Permanent Residence or Adjust Status. Petitioners submitting these two forms together should continue to mail them to the Chicago Lockbox. Petitioners residing in a country with a USCIS office may either mail their I-130 forms to the Chicago Lockbox facility or may file their forms at the USCIS office with jurisdiction over the area where they live.
Phoenix Lockbox
USPS deliveries
USCIS
ATTN: I-130
PO Box 21700
Phoenix, AZ 85036
Express and courier deliveries
Attn: I-130
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034
Chicago Lockbox
P.O. Box 804625
Chicago, IL 60680-4107
131 South Dearborn-3rd Floor
Chicago, IL 60603-5517
USCIS has proposed an important change in their procedures regarding Form I-601, the Application for Waiver of Grounds of Inadmissibility. This procedural change would allow foreign nationals who have entered the U.S. without inspection to have their Forms I-601 pre-adjudicated before they leave the country in order to seek lawful entry into the U.S.
This proposed procedural change would potentially have a major impact on a large population of foreign nationals currently in the U.S. unlawfully. It would allow someone who would be entitled to a waiver under the current law to seek that waiver prior to departing the U.S.
According to USCIS, “By allowing these individuals to apply for waivers in the U.S. and making a provisional determination of waiver eligibility before the individuals must depart the country for visa processing, USCIS would provide a more predictable and transparent process and improved processing times, minimizing the separation of U.S. citizens from their families.”
The Department of State (DOS) announces that visa processing from Brazil and China has increased by more than 50 percent in the first quarter of FY 2012, as compared to the same time period in FY 2011. At the same time, DOS notes, wait times for visa interviews have decreased in both countries. Wait times for interviews in China are down to just two days at any of the Department’s five visa processing posts. In Brazil, wait times are down to 15 days in Rio de Janeiro and 6 days in Brasilia.
In order to meet growing demands for visas in China and Brazil, the Department is deploying additional personnel and expanding visa sections in those areas. In China, officers adjudicated over 250,000 visas in the first quarter of FY 2012. In Brazil, nearly 280,000 visas were adjudicated in that same time period. Every 65 additional international visitors to the U.S. supports one travel and tourism-related job; an increase in visitors from these two nations translates directly into an improved economic outlook for that industry.
In one of its first major public displays of changes in how immigration policies are enforced in the U.S., the Obama administration is recommending the closure of 1,600 deportation cases. In mid-January, the president’s administration recommended that deportation proceedings for 1,600 undocumented immigrants in Denver and Baltimore who are not considered a national security or public threat be closed. The administration made these recommendations after a “deep dive” review of nearly 12,000 pending deportation cases in the two cities.
While preliminary data from this review have not yet been published, a Homeland Security official has stated that the recommendation to close these cases is contingent on these immigrants being cleared through one more extensive background check.
The review of the cases in Denver and Baltimore are part of a major new initiative to review 300,000 pending deportation cases.
The Department of State’s Office of Passport Services has launched a new, 90-day pilot program that will allow adult U.S. citizens who live in the U.S. or Canada to apply for their passport card online. These citizens will not be required to mail in their current passport book, nor will they need to submit required forms. This new process will minimize the cost and time associated with applying for a passport card.
The pilot program, which launched on January 24, 2012, is available for use by U.S. citizens who currently hold a valid 10-year U.S. passport book. Applicants apply through the online program, in which they must upload a digital photograph and make an online payment (using the federal online payment program, Pay.gov). Applications posted through this new pilot program will still face the same review as paper-submitted and in-person applications.
The passport card was first introduced in 2008 as a response to new requirements included in the Western Hemisphere Travel Initiative. In the past four years, over 4.5 million passport cards have been issued. A U.S. passport card costs $30 for people who currently have a passport book. It can be used to travel by land and sea to and from Canada, Mexico, the Caribbean and Bermuda, but cannot be used for international air travel.
Visit travel.state.gov to apply for a passport card online.
USCIS has identified the countries whose nationals are eligible to participate in the H-2A and H-2B nonimmigrant visa programs. Each year the Department of Homeland Security, in collaboration with the Department of State, designates in the Federal Register the countries listed as approved for participation in the programs. This year, a total of 58 countries were identified. New countries on this year’s list include Haiti, Iceland, Montenegro, Spain and Switzerland.
This notice is effective January 18, 2012. The full list of approved countries for 2012 is listed below:
Argentina
Australia
Barbados
Belize
Brazil
To view full list of countries, please visit this link:
http://www.nilg-dc.com/NewsArticle.aspx?QPageNo=3&QNewsCnt=3&QNewsYr=2012
President Obama announced on January 19, 2012, that the Departments of State and Homeland Security are currently collaborating to improve and accelerate the visa process for certain types of travelers. Since September 11, 2001, the U.S. government has added a number of detailed screening measures and checks that apply to every visa applicant. A new initiative will allow qualified foreign national visitors who have previously been interviewed and “thoroughly screened” in relation to a prior visa application to renew their visas without having to take part in another screening interview.
By eliminating this additional interview, the Departments of State and Homeland Security will save time and money for the applicant, as well as help support the foreign national’s choice of the U.S. as their next tourism destination. In addition, it will free up the Departments’ resources to interview more first-time visitors. This pilot program will apply to certain low-risk applicants, such as those renewing expired visas. High-risk applicants will still be required to take part in a screening interview.
30 Dec 2011
Ombudsman Office Now Requiring the Submission of Form DHS 7001 with all Cases
Wage Methodology for H-2B Visa Program Delayed until October 2012
23 Dec 2011
DOL Issues 2012 Adverse Effect Wage Rates for H-2A Workers
16 Dec 2011
The Fairness for High-Skilled Immigrants Act Remains in Limbo
03 Dec 2011
FY 2012 H-1B Program Now Closed for Cap-Subject Petitions
The Department of Labor has again delayed the effective date of the Wage Methodology for the H-2B Visa Program, the Temporary Non-agricultural Employment program. The effective date has been moved back to October 1, 2012, in response to new legislation that prohibits funds being used to implement the Wage Rule for the rest of Fiscal Year 2012. The Wage Rule revised the methods by which the Department of Labor calculates prevailing wages to be paid to H-2B workers and U.S. workers recruited in connection to a temporary labor certification submitted with a petition to employ a nonimmigrant worker under H-2B status.
This rule was originally published January 19, 2011. It was first delayed until August 1, 2011, and delayed again until September 28, 2011 and then November 29, 2011.
The Ombudsman’s Office is now asking petitioners to submit Form DHS 7001, the CIS Ombudsman Case Problem Submission form, with all cases. This includes cases related to applications for Employment Authorization Documents. Form DHS 7011 is required for compliance with relevant privacy rules.
Previously the Ombudsman’s Office was open to customers submitting case inquiries regarding Employment Authorization Documents outside of normal processing times without also submitting Form DHS 7001, due to the urgency of many of these cases. This is no longer the case. It should also be noted that, in October 2011, the Ombudsman’s Office implemented the new Ombudsman Online Case Assistance program, which is an online system that enables same-day submission of case problems.
Download Form DHS 7001 at http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf
Access Ombudsman Online Case Assistant at https://cisombvos.dhs.gov/vos/form7001.aspx
On Thursday, December 22, 2011, the Department of Labor’s Employment and Training Administration issued a notice to announce the new wage rates for temporary and seasonal nonimmigrant foreign workers in the U.S. under the H-2A visa program. These wage rates, known as the Adverse Effect Wage Rates (AEWRs), provide guidance regarding the minimum amount that foreign seasonal workers here on the H-2A visa program must be paid for their work so that the wages of similarly employed U.S. citizens will not be adversely affected.
