Tuesday, August 20, 2013

DHS Plans Changes for H-4 Spouses

SHRM, 07/22/2013

The U.S. Department of Homeland Security’s spring 2013 regulatory agenda, released July 3, 2013, contains 52 items from the department’s immigration-related agencies, including proposed rules clarifying Form I-9 violations, providing work authorization to H-4 dependent spouses of H-1B visa holders, renewing the H-1C nurse visa and amending regulations governing the calculation of prevailing wages under the H-2B guest worker program.

Final Rules
A few rules that U.S. Citizenship and Immigration Services (USCIS), Customs and Border Protection (CBP), and Immigration and Customs Enforcement (ICE) will be implementing in the coming months are relevant to HR professionals. These include:
·         By October 2013, CBP will set the eligibility requirements and the application procedures and fees for the U.S. Asia-Pacific Economic Cooperation Business Travel Card Program. The program will enable eligible travelers to use fast-track immigration lanes in cooperating Asia-Pacific nations.
·         The extension of U.S. immigration law to the Commonwealth of the Northern Mariana Islands by December 2013.
·         A July 2014 final rule implementing the Legal Immigration Family Equity Act, which will allow the spouses and children of lawful permanent residents to live and work in the United States while waiting for a green card.
·         The finalization of interim regulations, by July 2014, precluding employers from filing duplicate petitions on behalf of the same foreign temporary worker subject to the annual H-1B numerical cap.
·         A final rule, planned for July 2014, implementing the Nursing Relief for Disadvantaged Areas Act, which created the H-1C nonimmigrant nurse visa in 1999 in response to the shortage of qualified nurses in many regions of the United States. To qualify for the H-1C visa, 500 of which are granted annually, a nurse must be licensed or have obtained a nursing degree in the U.S. and must pass the NCLEX-RN exam. Nurses with an H-1C visa may work in the United States for up to three years. USCIS stopped accepting new H-1C petitions after Dec. 21, 2009, when Congress failed to reauthorize the program.

Proposed Rules

USCIS proposes to extend employment authorization to certain H-4 dependent spouses of principal H-1B visa holders who have begun the process of seeking lawful permanent-resident status through employment. “Allowing the eligible class of H-4 dependent spouses to work encourages professionals with high-demand skills to remain in the country and help spur the innovation and growth of U.S. companies,” USCIS said.

A Notice of Proposed Rulemaking is scheduled for October 2013 proposing to amend regulations that clarify certain Form I-9 paperwork failures and violations. According to the agenda, this proposed rule would define a substantive violation and a technical or procedural failure and delineate the circumstances in which an employer may be subject to penalties or not, due to a good-faith attempt to comply when completing the form.

Another rule planned for October 2013 would allow students on F-1 visas with degrees in science, technology, engineering or mathematics to take advantage of a 17-month optional practical training extension to gain experience in those fields.
And USCIS proposes to amend its regulations affecting high-skilled workers from Chile and Singapore (H-1B1), Australia (E-3), the Commonwealth of the Northern Mariana Islands (CW-1), and outstanding professors and researchers (EB-1) by November 2013.

The rule would reconcile the regulations for these classifications with existing regulations for other similarly situated classifications “by removing unnecessary hurdles that place such workers at a disadvantage when compared to similarly situated workers in other visa classifications,” according to DHS.

September 2013 Visa Bulletin

September 2013 Visa Bulletin: Significant Priority Date Advancements for Most Backlogged EB Categories; F-2A Will Remain Current


According to the State Department’s September Visa Bulletin, priority date cut-offs will advance dramatically for most backlogged employment-based immigrant visa categories next month. The family-based F-2A for spouses and minor children of lawful permanent residents will remain current. 


EB-2 India will advance five and one-half months, to June 15, 2008. EB-2 China will remain at August 8, 2008. 



The EB-3 subcategory for professional and skilled workers will advance eight months for India, to September 22, 2003, and 18 months for China and most other countries, to July 1, 2010. EB-3 Philippines will advance just under six weeks, to December 1, 2006. 


September 2013 Visa Bulletin, Employment Based Categories


September 2013 Priority Date Cut-Offs 


In September 2013, EB immigrant visa priority date cut-offs will be: 



EB-1 
Current for all countries. 



EB-2 
China: August 8, 2008 
India: June 15, 2008 
All other countries: Current 



EB-3 Professionals and Skilled Workers 
China: July 1, 2010 
India: September 22, 2003 
Philippines: December 1, 2006 
All other countries: July 1, 2010 



EB-3 Other Workers 
China: June 15, 2004 
India: September 22, 2003 
Philippines: December 1, 2006 
All other countries: July 1, 2010 



EB-5 
Current for all countries and subcategories. 



Impact of the EB-2 and EB-3 Advancements 



The State Department is advancing EB-2 and EB-3 cut-off dates substantially next month to maximize usage of EB green card numbers before the end of the fiscal year. 



The EB-2 India cut-off date will advance much more than previously expected because unused immigrant visas in the EB-1 and EB-2 worldwide categories will be applied. The State Department anticipates that there will be high demand for the newly available India numbers. 



EB-3 cut-off dates will move forward more than anticipated because previous advancements have not generated the demand expected by the State Department. 



According to the State Department, there is unlikely to be any further advancement in the EB categories in the next few months. If there is high demand, priority dates could be retrogressed in FY 2014. 



Sources: Fragomen.com and Department of State

Friday, August 9, 2013

Global Entry Expands to Certain Citizens of Germany, Korea, Qatar and the UK

From Fragomen.com, 08/09/2013

Beginning today, U.S. Customs and Border Protection (CBP) will accept applications for membership in the Global Entry trusted traveler program from qualified citizens of Korea, and a limited number of citizens from Germany, Qatar and the UK. 

Global Entry is a screening program that allows pre-approved, low-risk participants expedited entry into the United States using automated kiosks located at designated airports. Until now, program membership was limited to U.S. citizens, nationals and lawful permanent residents; Mexican nationals; and Dutch citizens who are members of Privium, the Netherlands trusted traveler program. 

Application Procedures for Korean Citizens 

Global Entry is now open to Korean citizens 17 and older who are members of the Smart Entry System (SES), Korea’s trusted traveler program. Eligible individuals apply online through a website maintained by the Korea Immigration Service (KIS). They then set up an account in CBP’s Global Online Enrollment System (GOES) and pay a $100 non-refundable fee. Applicants undergo a background check. Once an application is conditionally approved, the applicant will be invited to set up an interview at a Global Entry enrollment center to complete the process. 

Application Procedures for German, Qatari and UK Citizens 

Qualifying citizens of Qatar and the UK, as well as German citizens who are members of that country’s ABG Plus trusted traveler system, may apply for Global Entry through an invitation-only pilot program. Eligible travelers will be contacted by their government or, in the case of UK citizens, by a British airline, the U.S. Embassy or CBP itself. Invitees will be given a promotional code and information on how to apply. Codes issued to UK citizens must be used within a specific timeframe. 

To apply, applicants must set up a GOES account, complete an online application and, pay a $100 non-refundable fee. Applicants are subject to a background check and an in-person interview with CBP. UK citizens must present a police certificate at the time of interview. 

CBP plans to expand Global Entry eligibility to all citizens of Germany, Qatar and the UK at a later date. 

Reciprocal Benefits for U.S. Citizens 

U.S. citizens who are Global Entry, NEXUS or SENTRI trusted travelers will have the option to apply for membership in Germany’s ABG Plus and Korea’s SES trusted traveler programs. Once Qatar and UK have established trusted traveler programs, U.S. trusted travelers will be eligible to apply. 

Using Global Entry 

Global Entry members arriving in the United States use automated airport kiosks to clear customs and immigration inspection. Members scan their passports, are fingerprinted and photographed and complete an onscreen customs declaration. If a traveler clears this inspection, the kiosk issues a transaction receipt and directs the traveler to baggage claim. Nonimmigrants also receive an I-94 arrival record from the kiosk. 

It should be noted that Global Entry membership does not guarantee expedited screening and any violation of the program could result in revocation of membership privileges.