The U.S. Department of State has confirmed that contractors on a pre-approved list at the Kentucky Consular Center (KCC) are now auditing approved nonimmigrant petitions -- including H-1B and L-1 petitions -- in order to verify that information contained in the petitions is correct. The audits are creating significant delays for petition-based visa applicants at embassies worldwide.
Continue Reading...On August 11, 2010, the State Department published its final revised rule on J-1 Interns and Trainees. The revised rule makes 3 key changes. First, host companies no longer must provide a Dun & Bradstreet report Second, program sponsors may interview candidates by phone rather than only in person or by videoconference. And third, both interns and trainees may participate in unlimited J-1 programs as long as they will develop more advanced skills or train in a different field of expertise in each new program. Interns must still be enrolled full-time in a foreign college or university or have graduated within the 12 months just preceding the new J-1 program. Trainees (and interns who do not meet the preceding criteria) must reside outside the United States for at least 2 years before they are eligible for any additional J-1 program.
U.S. Customs and Border Protection has announced new fees for persons seeking authorization to travel to the United States under the Visa Waiver Program. The authorization is obtained prior to travel through the Electronic System for Travel Authorization (ESTA), and typically remains valid for two years. Beginning on September 8, 2010, the ESTA travel authorization will require a valid credit card for payment of a $14.00 fee. The purpose of the fee is to finance efforts to promote international travel to the United States, and cover operational costs associated with running the ESTA program. Individuals who already possess ESTA authorization do not need to pay the fee until it is time for them to reapply.
U.S. District Judge Susan Bolton has enjoined the state of Arizona from implementing key provisions of its anti-immigrant law, which is set to take effect at midnight tonight. Calling it a "substantial likelihood" that the law would lead to "wrongful arrest" of legal resident aliens, Judge Bolton ruled the State may not require police officers to check the immigration status of people they stop for other violations until courts decide whether the provision is permissible. She also ruled the State may not require immigrants to carry immigration documentation or prohibit undocumented workers from soliciting employment in public places until those provisions are tested by the courts.
The 36-page injunction may be read here. We will post updates as available.
Immigration and Customs Enforcement (ICE) announced that it has increased the number of state and local law enforcement officers authorized to enforce the nation's immigration laws under its 287(g) program, bringing the total to 1,200. Under this program, ICE has the authority to train state and local law enforcement officers on immigration law, intercultural relations, and how to use Department of Homeland Security (DHS) databases to help positively identify criminals and immigration violators. Twenty-six officers from eight states received training in accordance with a memorandum of agreement between their respective jurisdictions and the DHS. Proponents of the contested Arizona immigration law argue that it is based on the Federal Government's 287(g) program. The ICE press release can be viewed here.
In an effort to strengthen security at the nation's airports, and create local jobs, the Department of Homeland Security (DHS) has announced the deployment of its advanced imaging technology (AIT) at 28 additional airports, bringing the total to 142. Up to 450 will be in operation in 2010. AIT technology is designed to bolster airport security by screening passengers for metallic and non-metallic threats, such as weapons, explosives and other objects concealed under layers of clothing. The machinery is funded by the American Recovery and Reinvestment Act. AIT screening is optional, allowing passengers to opt for physical pat-downs if they have privacy or other concerns. The DHS press release, which contains the list of the 28 additional airports, can be found here.
On July 13, 2010, U.S. Citizenship and Immigration Services announced that Haitians who qualify for Temporary Protected Status (TPS) now have until January 18, 2011, to register. The previous registration deadline was July 20, 2010. For additional information on Haiti TPS and related advocacy efforts, see "Coalition of US Charities Launches Efforts To Support Long-Term Haiti Rebuilding" and "DHS Designates Haiti for Temporary Protected Status and Provides Other Haitian Relief".
The USCIS has issued guidance to users of its eVerify system with regard to the "hire date" for new employees. If the E-Verify record was created before the employee began working for pay, the E-Verify hire date is the date the case was created in E-Verify; if the E-Verify record was created on or after the employee began working for pay, the E-Verify hire date is the date the employee began working for pay. Employers working under federal contracts containing the FAR E-Verify clause and are creating E-Verify records for existing employees must use the original dates those employees began working for pay, even if completing new I-9 forms. The USCIS guidance can be found here.
In its continuing effort to deter immigration fraud, the US Citizenship and Immigration Services (USCIS) has unveiled a new permanent resident ("green") card with additional security features. The new card is already being produced and issued to those granted permanent resident status. A sample of the new card can be viewed here. The new card contains a pre-printed return address for easy return of the card to the USCIS if lost. Employers should ensure that those responsible for completing I-9 verification forms are familiar with the new design.
The U.S. Department of State (DOS) has announced that, as of June 4, 2010, nonimmigrant visa fees have increased at its U.S. embassies and consulates worldwide. In the Federal Register notice announcing the move, DOS explained that increases are necessary because an independent study from August 2007 to June 2009 concluded the agency "is not fully covering its costs ... under the current cost structure." Petition-based visa fees for temporary workers -- such as H-1B, L-1 and O-1 -- increased from $131 to $150. E-1 (treaty trader) and E-2 (treaty investor) visa fees increased almost 300 percent, from $131 to $390. For additional detail, please consult the Federal Register notice.
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