As of June 19, 2009, approximately 44, 500 H-1B cap subject petitions had been received by the United States Citizenship and Immigration Services (USCIS )and counted towards the H-1B cap. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits.
Biometric Exit Procedures has began at Two U.S. Airports for Departing Non-U.S. Citizens
The U.S. Department of Homeland Security (DHS) has began collecting biometrics-digital fingerprints-from non-U.S. citizens departing the United States as part of a pilot program at Hartsfield-Jackson Atlanta International Airport and Detroit Metropolitan Wayne County
Airport.
Non-U.S. citizens leaving the United States from Detroit and Atlanta airports should expect to have their biometrics collected before boarding their flights. U.S. Customs and Border Protection (CBP) officers will collect biometrics at the boarding gate from non-U.S. citizens departing from Detroit; U.S. Transportation Security Administration (TSA) officers will collect biometrics at security checkpoints from non-U.S. citizens departing from Atlanta. These pilots are expected to continue through early July.
US-VISIT plans to begin implementing new biometric exit procedures based on these pilots for non-U.S. citizens departing the United States by air within the next year.
Non-U.S. citizens departing the United States from all other ports of entry will continue to follow current exit procedures, which require travelers to return their paper Form I-94 (Arrival-Departure Record) or Form I-94W (for Visa Waiver Program travelers) to an airline or ship representative.
National Name Check Backlog Eliminated
The U.S. Citizenship and Immigration Services (USCIS) has announced elimination of FBI National Name Check Program backlog. USCIS Acting Deputy Director Michael Aytes said, “Our close partnership with the FBI has resulted in the accomplishment of this significant achievement with national security as its foundation.”
This means that there will be no backlog for most name check requests and that 98 percent of name check requests submitted by the USCIS to the FBI will be completed within 30 days and the remaining 2 percent within 90 days.
Next steps in the adjudication of cases that were previously delayed as a result a pending FBI name check request may now include updating fingerprint results, scheduling interviews, requesting additional evidence and other reviews to determine whether the applicant is eligible for the requested immigration benefit.
USCIS Announces Delay in Delivery of Permanent Resident Cards
United States Citizenship and Immigration Services (USCIS) announced that applicants may experience up to an eight week delay in the delivery of their permanent resident card while they are in the process of upgrading their card production equipment.
USCIS Field Offices will be issuing temporary evidence of permanent residence in the form of an I-551 stamp to applicants approved for permanent residence at the time of their inteview. USCIS has recommended taking your passport to your appointment. If you do not have a passport, you should bring a passport style photo and government issued photo identification to receive temporary evidence of permanent residence.
FAR E-Verify Regulation Further Delayed
E-Verify is the Department of Homeland Security’s (DHS) Internet-based system that allows employers to verify employment eligibility by comparing employee information taken from the I-9 form against records kept in Social Security Administration (SSA) and DHS databases. The rule mandates on most federal contractors and subcontractors a modified version of the EVerify/Basic Pilot program—requiring re verification of the workforce and creating vicarious liability for subcontractors.
The last agreed suspension extended the applicability date of the rule to June 30, 2009. Today, the litigants (including SHRM, the U.S. Chamber of Commerce, and the HR Policy Association agreed to extend the applicability date to September 8, 2009, and asked the court to stay the proceedings further to allow President Barrack Obama’s Administration more time to complete its review of this rule.
Under the new applicability date, which is expected to appear sometime this week in the Federal Register, any solicitations that occur prior to September 8, 2009, would not contain the contract clauses that the rule would impose.
To Naturalize or Not to Naturalize?
This article provides basic information about the Naturalization process. Whether to naturalize or not is an intensely personal one with many important considerations. For many naturalization is an emotional decision — for some the summit of a successful immigration process and for some the end of the last formal bond with their country of origin. There are also many practical considerations. Naturalization may limit ability to own property in their home land and yet others may risk deportation from the United States as result of a naturalization application. The decision, therefore, to acquire naturalization by choice requires careful analysis and consideration and you may want to discuss naturalization with an experienced attorney who can help you decide if naturalization is right for you, and, if necessary, successfully help you through the process.
What is Naturalization?
Naturalization is a process which a lawful permanent resident (a “green card holder”) in the United States is granted US Citizenship and this process culminates into adopting a new homeland and renunciation of your original citizenship.
Who can naturalize?
A person who has become a lawful permanent resident (a “green card” holder) in the United States, and is over 18 years of age, seeking to become a United States citizen can naturalize. The process is started by filing form N-400.
Whether to Naturalize?
First, assess your own circumstances, and consider whether becoming a US Citizen makes sense and whether it will provide you advantages. Common privileges include visa-free travel to many countries, including Canada, minor children deriving US Citizenship through you if you naturalize, being able to vote for government officials, right to sit on the jury, rights to sponsor relatives for permanent residence, the ability to apply for federal jobs, and the entitlement to full protection of the US laws. The potential disadvantages are loss of other citizenship(s), and restrictions regarding ownership of property in one’s home country,
Second, research your home country’s citizenship laws to find out whether dual citizenship is allowed or whether it will cause you to lose your current nationality. For instance, India does not allow dual citizenship and you will have to have your Indian passport cancelled after you acquire US citizenship. You may, however, choose to acquire the Overseas Citizenship of India (OCI) card or the Persons of Indian Origin (PIO) card that allows certain privileges, including visa-free travel to India, and exemption from registration with local police authority, to name a few.
Basic Requirements for Naturalization:
a. Residence requirement:
In order to apply for naturalization, you normally must have resided in the United States as a legal permanent resident for five year s and have been under the jurisdiction of the USCIS director or state where you file the petition for at least 3 months. You can apply within 3 years for naturalization if your spouse has been a United States citizen for the last three years, and you lived with your spouse during that time. Naturalization applications can be sent in up to 90 days before the three or five year mark is reached. The two primary residence requirements can be very complicated depending on evaluation of your residence in the naturalization context.
b. Good moral character:
To qualify for naturalization, all applicants must demonstrate their good moral character during the three or five year period of residence required for your application. Some of the bars to good moral character, include, criminal convictions, trafficking in controlled substances, false testimony to USCIS, failure to pay child support, failure to pay income tax, fraudulent use of public benefits, etc.
c. Speaking, Reading and Writing English:
Applicants must speak, read, and write English. Typically during naturalization interviews, an applicant is required to understand the questions asked by USCIS examiner and converse with the examiner, as well as, be able to write out a sentence and read a paragraph. There are certain exceptions for applicants over fifty years of age or for those who cannot comply due to a physical, developmental, or mental disability.
d. US History and Government Test:
All applicants must demonstrate knowledge of the fundamentals of United States history and government. The recently revised test places an emphasis on the fundamental concepts of American democracy and the rights and responsibilities of citizenship. For a list of 100 test questions see: http://tinyurl.com/57sarh. If an applicant does not pass at the initial interview, the officer will schedule a second interview within 90 days.
Reproduced from the Indian Society of Worcester’s newsletter where the article written by our attorney , Hanishi T. Ali, was oringally published: http://www.iswonline.org/eSandesh/CommunityOrgs.htm
New H-1B Count for FY 2010
On May 26, 2009 USCIS updated the count of H-1B petitions received and counted towards the H-1B cap on the USCIS website.
As of May 22, 2009, approximately 45,700 H-1B cap-subject petitions had been received. Also, USCIS has received approximately 20,000 petitions qualifying for the advanced degree cap exemption. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits.
Does Sotomayor’s Nomination Mean Delay on Immigration Reform?
Although this blog entry deviates slightly from our normal immigration related material. Sonia Sotomayor’s nomination is relevant to immigration, to immigration reform, and is a truly inspring American story.
President Barack Obama has tapped federal appeals judge Sonia Sotomayor for the Supreme Court. If Sotomayor is confirmed she will make history, becoming the first Hispanic and first Hispanic woman to serve on the Supreme Court. Sotomayor has in many ways lived the American dream. She was born to a Puerto Rican family and grew up in a public housing project in the South Bronx. Sotomayor’s father was a factory worker with a third-grade education, and died when Sotomayor was nine years old. Her mother raised Sotomayor while working as a nurse.
The Latino community strongly supports immigration reform and would like President Obama to make the illegal aliens living in the U.S. legal. Some immigrant advocates fear that Sotomayor’s nomination might be an effort by President Obama to put the more controversial immigration reform on a slow track.
For Sotomayor’s most notable opinions see: http://www.nytimes.com/interactive/2009/05/26/us/0526-scotus.html
Thinking of Obtaining a Non-immigrant Student Visa (F or M visa) in the US?
If you are looking to obtain a non-immigrant F or M student visa in the United States or change your status to a student visa because you need to sharpen your skills or because you have been laid off from your job or because you are thinking of pursuing a new career, below are the overview of the steps required by US Customs and Enforcement:
If applying from outside the United States:
Non-immigrants must:
- Apply to and be accepted by, an SEVP-certified school.
See link for updated approved SEVP schools: http://www.ice.gov/doclib/sevis/pdf/ApprovedSchools.pdf
- Be able to pay for the cost of schooling and living expenses while in the United States and furnish proof of sufficient funding to the school. Non-immigrant students have limited work opportunities, so unless the school has promised an on-campus job, non-immigrant students should not expect to work to pay expenses.
- Attend school full-time (except for Mexican or Canadian residents who live at home and commute to a United States school within 75 miles of the U.S. border.)
- When a school accepts a non-immigrant applicant, it issues a Form I-20 for initial attendance. Prospective non-immigrant students may apply to more than one SEVP-certified school but must choose one and use the Form I-20 from that school when applying for a visa.
- After receiving the Form I-20, the prospective non-immigrant student must pay the SEVIS I-901 fee.
- The prospective non-immigrant student must then obtain a student visa from an embassy or consulate abroad or, if from a visa exempt country such as Canada or Bermuda, apply for admittance at a U.S. POE.
- After obtaining an F-1 or M-1 visa, the prospective student may apply for entry into the United States through a U.S. POE no more than 30 days prior to the program start date on the student’s Form I-20.
If applying from within the United States :
The prospective non-immigrants must:
- Be in the United States in a valid non-immigrant status and eligible to change to F-1 or M-1 status
- Be accepted by an SEVP-certified school, receive a Form I-20, and pay the SEVIS I-901 fee, as in steps above.Use a Form I-539 to apply to USCIS for a change of status. See SEVP approved schools list: http://www.ice.gov/doclib/sevis/pdf/ApprovedSchools.pdf
- Receive approval from USCIS for the change of status.
- Be prepared to depart the United States immediately if the change of status application is denied.
UK Immigration and Asylum Statistics Released Today Reveals Decline in Migration
The UK Home Office today released immigration and asylum statistics. The immigration statistics cover migration from Eastern Europe, asylum applications, removals, and voluntary departures and statistics show a dramatic decline in migration due to global recession, tougher immigration laws, and stricter enforcement.
Work applications from the eight accession countries, namely Poland, Lithuania, Latvia, Hungary, Slovakia, Slovenia, Estonia and the Czech Republic, have fallen to the lowest level since 2004 – when these eight countries joined the European Union.
In the first three months of 2009 there were 23,000 applications from workers of the above mentioned countries — down from 48,755 in the same period in 2008. The decrease is mainly explained by a drop in Polish applicants, which fell to 12,000 in the first quarter of 2009 from 32,000 in the same period in 2008.
The Bulgarian and Romanian Accession Statistics show that applications from these two countries have also fallen to the lowest level since they joined the EU in 2007. There were 610 applications for accession worker cards and 6,205 applications for registration certificates in the first quarter of 2009.
The Control of Immigration Statistics show that between January and March this year 15,840 people who had no right to be here were removed from the country or departed voluntarily. In the same period in 2008 16,760 people were removed or departed voluntarily.
These statistics also show that the United Kingdom continues to receive fewer asylum applications per head of the population than many of its European counterparts.
Border and Immigration Minister Phil Woolas said, “Our border has never been stronger. Last year we prevented over 28,000 individual attempts to cross the Channel illegally and the number of illegals found in Kent fell by nearly 90 per cent.
We are making the United Kingdom a more hostile place for illegal immigrants through our tough civil penalties regime which has seen fines worth a potential £18 million issued to businesses that have employed people with no right to work.”
The UK Home Office today released immigration and asylum statistics. The immigration statistics cover migration from Eastern Europe, asylum applications, removals, and voluntary departures. The statistics released show a dramatic decline in migration due to global recession, tougher immigration laws, stricter enforcement, and individuals desiring to return to their home countries.
Work applications from the eight accession countries, namely, Poland, Lithuania, Latvia, Hungary, Slovakia, Slovenia, Estonia and the Czech Republic, have fallen to the lowest level since 2004 – when these eight countries joined the European Union.
In the first three months of 2009 there were 23,000 applications from workers of the above mentioned countries — down from 48,755 in the same period in 2008. The decrease is mainly explained by a drop in Polish applicants, which fell to 12,000 in the first quarter of 2009 from 32,000 in the same period in 2008.
The majority of workers coming from the A8 countries in the twelve months to March 2009 are young – 78 per cent were aged between 18 and 34 -and only eight per cent stated they had dependants living with them in the United Kingdom when they registered.
The Bulgarian and Romanian Accession Statistics show that applications from these two countries have also fallen to the lowest level since they joined the EU in 2007. There were 610 applications for accession worker cards and 6,205 applications for registration certificates in the first quarter of 2009.
The Control of Immigration Statistics show that between January and March this year 15,840 people who had no right to be here were removed from the country or departed voluntarily. In the same period in 2008 16,760 people were removed or departed voluntarily.
Statistics also show that the United Kingdom continues to receive fewer asylum applications per head of the population than many of its European counterparts.
Border and Immigration Minister Phil Woolas said, “Our border has never been stronger. Last year we prevented over 28,000 individual attempts to cross the Channel illegally and the number of illegals found in Kent fell by nearly 90 per cent. We are making the United Kingdom a more hostile place for illegal immigrants through our tough civil penalties regime which has seen fines worth a potential £18 million issued to businesses that have employed people with no right to work.”
