Immigration Lawyers Blog

The Immigration Policy Center has issued a paper on the Repairing the Broken Employment-Based Immigration System. The paper emphasizes that if the U.S. is going to compete in an ever-changing global marketplace, policymakers need to assess our future employment-based immigration needs. It is critical that they look at both permanent and temporary work visas and high-skilled and low-skilled workers. They must also address the narrow worldwide quotas that prevent otherwise qualified workers from obtaining legal status in the U.S. The paper also states that the country is rapidly falling behind other countries in terms of available labor and talent due to its strict and outdated immigration laws. U.S. employment-based immigration must be viewed as a strategic resource for improving our struggling economy, while also protecting qualified U.S. workers. It is stresses the importance of U.S. lawmakers to embrace the concept of a global marketplace as many other countries already have and help the U.S. regain its stronghold as an economic and innovative leader. For more information, please see http://immigrationpolicy.org/just-facts/future-flow-repairing-our-broken-immigration-system.

The DHS secretary has designated 11 new countries as eligible to participate in the H-2A and H-2B nonimmigrant visa programs. The new countries include: Croatia, Ecuador, Ethiopia, Ireland, Lithuania, The Netherlands, Nicaragua, Norway, Serbia, Slovakia and Uruguay. This update is published in the Federal Register.

The Department of State has created a Haiti earthquake webpage, which includes a Person Finder that can be used by anyone looking for or having information about anyone in Haiti. There is also contact information to use with respect to the welfare and whereabouts of U.S. citizens in Haiti. The webpage is found at http://www.state.gov/p/wha/ci/ha/earthquake/index.htm.

USCIS has launched an official blog titled, The Beacon, which is found at http://www.uscis.gov/blog. It provides information about various issues of interest and concern to the USCIS.

The U.S. Customs and Border Protection (CBP) reminds U.S.-bound travelers from visa waiver program (VWP) countries that they must obtain an approved Electronic System for Travel Authorization (ESTA) before boarding a plane or ship headed to the U.S. ESTA has been mandatory since Jan. 12, 2009 and does not affect U.S. citizens returning from overseas or citizens of VWP countries traveling on a valid U.S. visa. ESTA applications are submitted online at http://www.cbp.gov/xp/cgov/travel/id_visa/esta/ and are generally valid for up to 2 years with multiple entries permitted. A relative, friend, or travel agent may submit an application for a VWP traveler. The ESTA website is currently available in 21 languages.

The USCIS has announced changes to its organizational structure, including the creation of a Fraud Detection and National Security Directorate and a Customer Service Directorate. The USCIS has also divided the Domestic Operations Directorate into two directorates. These changes have been made by the USCIS in an attempt to deliver better service. An organizational chart showing these changes can be found at http://www.uscis.gov/USCIS/News/Images/USCISOrgChart.JPG.

Effective January 19, 2010, all applicants for nonimmigrant visas at U.S. Consulates in India must use the Department of State's new web-based Form DS-160. This form replaces the DS-156, DS-157 and DS-158, which are no longer accepted in India. More information about this change can be found at: http://www.usembassy.gov/.

On January 21, 2010, the Board of Immigration Appeals (BIA) held that Immigration Judges (IJ's) can decide if an I-140 immigrant petition, which is filed when seeking an employment-based green card, remains valid after the beneficiary changes jobs or employers. There is a law, known popularly as AC21, that allows a beneficiary of an immigrant petition to switch jobs during the employment-based green card process (provided certain criteria are met). Whether someone is eligible to port (transfer) to a new employer has typically been a decision reserved for the United States Citizenship and Immigration Services (USCIS), which is not part of the court system. Today's BIA decision places this authority in the hands of IJ's for those in deportation/removal proceedings. This is a significant decision for employment-based green card beneficiaries in proceedings as it allows IJ's the authority to determine that an individual's employment-based immigrant petition is still valid and they are still eligible for permanent residence in the U.S.

Today the USCIS published a brochure for the public about how to avoid becoming a victim of immigration fraud when seeking assistance with your immigration case. The brochure is found here: http://www.uscis.gov/files/nativedocuments/USCIS%20fraud%20brochure.pdf. You should only seek assistance from attorney(s) in good standing or authorized representatives as discussed in the brochure. If you have any questions about this brochure or need our assistance with your immigration case, application or petition, please don't hesitate to contact our office. Detailed information about our law firm can be found at this site: http://immigration.cornerlaw.com/.

Every year, the Department of Homeland Security (DHS) Secretary, in consultation with the Department of state, identifies (through a notice published in the Federal Register) the countries that are eligible to participate in the H-2A (temporary agricultural worker) and H-2B (temporary non-agricultural worker) programs for that year. This year, the following countries have been designated:

Argentina, Australia, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Ethiopia, Guatemala, Honduras, Indonesia, Ireland, Israel, Jamaica, Japan, Lithuania, Mexico, Moldova, The Netherlands, Nicaragua, New Zealand, Norway, Peru, Philippines, Poland, Romania, Serbia, Slovakia, South Africa, South Korea, Turkey, Ukraine, United Kingdom, and Uruguay.

No other changes were made to the H-2A or H-2B nonimmigrant categories.

On 01/19/2010, the USCIS issued an advance copy of the notice granting Haitians in the U.S. Temporary Protected Status (TPS) for the next 18 months due to the 7.0 earthquake that has devastated their country. TPS means that Haitians currently in the U.S. with TPS protection cannot be removed/deported to Haiti at this time. The final notice will be published in the Federal Register on 01/21/2010. Haitian nationals must register for TPS in order to receive the protection. The registration period will run for 180 days (6 months) and TPS eligibility will be for 18 months. Fees will be required for the forms, fingerprints, and for travel documents, if sought. Eligible applicants may apply for fee waivers. Please contact our office for further assistance.

The DHS Secretary Janet Napolitano announced January 15, 2010 that the citizenship process for men and women defending the U.S. has been streamlined by a new law amending former DHS regulations. This new law reduces the time requirements for naturalization through U.S. military service from 3 years to 1 year for applicants who served during peacetime. The law also extends benefits to members of the Selected Reserve of the Ready Reserve of the U.S. Armed Forces. Members who have served honorably in active-duty status or in the Selected Reserve for any time since 09/11/2001, can file for citizenship immediately. In an effort to increase efficiency and honor those defending the U.S., the new law also eliminates the need for military members to provide certain redundant biographic information with their citizenship applications.