USCIS Proposes Increases of Stay for TN Professional Workers
The Department of Homeland Security has proposed a rule that would increase the amount of time the Trade-NAFTA (TN) professional workers from Canada and Mexico can remain in the United States before seeking readmission or obtaining an extension of stay.
The proposed rule recommends the extension of the maximum period of admission for TN applicants from one year to three years. The proposed rule will also allow eligible TN non-immigrants to be granted an extension of stay in increments of up to three years. TN non-immigrants are not subject to a maximum period of stay and may seek multiple readmissions or extensions, provided their intended professional activity continues and they remain otherwise eligible.
If implemented as a final rule, this will ease administrative burdens and costs on TN non-immigrants and will benefit U.S. employers by increasing the period of time beneficiaries are allowed to remain in the United States under a TN visa. It will also decrease the number of the H applicants. The proposed changes would also apply to spouses and unmarried, minor children of TN non-immigrants in their corresponding nonimmigrant classifications as NAFTA dependents.
June 2008 Visa Bulletin Reports Little Change
The June 2008 issue of the U.S. Department of State’s (DOS) Visa Bulletin has been released, and reveals minor changes from the May 2008 numbers.
Of note, only the stated numbers for Indian nationals in the second preference category (EB-2) have been subjected to change. Since May, the stated numbers for EB-2 Indian nationals have progressed from January 1, 2004 to April 1, 2004. As these numbers were unavailable earlier this year, their publication and progression is positive movement.
The DOS additionally indicated that demand for numbers in the EB-3 filing preference remains strong, and that consequently, the EB-3 category may reach the annual numerical limit in June. As a result, there may well be a period of retrogression or unavailability, starting with the July visa bulletin. However, the USCIS notes that any such term of retrogression or unavailability would end by October, at which point the new fiscal year will arrive, allowing the dates to recover.
EMPLOYMENT-BASED VISA BULLETIN FOR JUNE 2008
| |
All chargeability areas except those listed |
China - mainland born |
India |
Mexico |
Philippines |
|
1st
|
C
|
C
|
C
|
C
|
C
|
|
2nd
|
C
|
1-Apr-04
|
1-Apr-04
|
C
|
C
|
|
3rd
|
1-Mar-06
|
22-Mar-03
|
1-Nov-01
|
1-Jul-02
|
1-Mar-06
|
|
Other Workers
|
1-Jan-03
|
1-Jan-03
|
1-Jan-03
|
1-Jan-03
|
1-Jan-03
|
USCIS Announces Enhancements to E-Verify Program
The E-Verify program currently contains more that 64,000 employers with nearly 1,000 enrolling each week. On May 5, 2008 the USCIS announced the first two phases of a three part enhancement to decrease the mismatch rate for naturalized citizens.
Starting May 5, 2008 the E-Verify system will include naturalization data. This will help to confirm the citizenship status of naturalized U.S. citizens hired by E-verified employer instantaneously. The program will also now include real time arrival data from the Integrated Border Inspection System. This will help in reducing the number of immigration status related mismatches for newly arriving workers who have entered the country legally.
There are many naturalized citizens who have not yet updated their information with the Social Security Administration (SSA), and often experience an SSA mismatch in E-Verify. When this occurs the naturalized citizen can call the USCIS directly to resolve the issues or go to a SSA field office. The USCIS also plans on setting up a system between them and the SSA to share information to help prevent uncertain nonconformities from occurring. This will improve the efficiency of the E-Verify program by providing the SSA with most accurate and timely citizenship status information.
There are also future plans to check against the Department of State passport records to even further reduce mismatches. At the moment there are 1 percent of all-work authorized employees that receive uncertain nonconfirmation through the E-Verify program, and the USCIS has implemented this goal to help decrease the mismatch rate for naturalized citizens.
CBP Now Accepting Applications for Global Entry Pilot Program
U.S. Customs and Border Protection (CBP) began processing applicationson May 12, 2008 for the Global Entry pilot program designed to expedite the screeningand processing of low-risk, frequent international travelers entering the UnitedStates. The program will kick off June 10, 2008 at the three initial airports: JohnF. Kennedy International Airport in New York, George Bush Intercontinental Airport,Houston, and Washington Dulles International Airport.
Global Entry will be available for U.S. citizens or lawful permanent residents whoare frequent international travelers provided they have not been found guilty ofa criminal offense, charged with a customs or immigration offense, or declared inadmissibleto the U.S. under immigration regulations. Biometric fingerprint technology willbe used to verify the passenger’s identity and confirm his or her status as a GlobalEntry participant.
The Global Entry application process consists of three steps:
- An applicant must complete and submit an on-line application through GOES and pay a $100 fee.
- CBP officers will review the applicant’s information and conduct a background investigation.
- Finally, the applicant will undergo an interview with CBP officers at an EnrollmentCenter at JFK, Houston or Dulles Airports.
Once enrolled, U.S. travelers can bypass CBP’s passport control line and proceedto a Global Entry kiosk, which scans machine-readable passports and compares thetraveler’s fingerprints with biometric data on file. A digital photograph is taken,and the traveler is then prompted to answer several questions posted on the kiosktouch screen. Once this process is complete, the traveler receives a receipt, which must be presented to the CBP officer upon leaving the inspection area.
The pilot program is expected to run for at least six months. The Department ofHomeland Security (DHS) will then determine its viability as a permanent program.
CBP has reported that it is working with the TSA to develop a DHS-wide approachto registered traveler programs. In addition, the DHS is in conversations with foreignpartners to develop reciprocal programs for automated passport control.
DHS Publishes Proposed Rule to Collect Biometrics from Exiting Foreign Nationals
The Department of Homeland Security (DHS) has published a proposedrule to have airlines and vessels collect biometrics from foreign nationals exitingthe United States. The US-VISIT exit proposal would require non-US citizenswho provide biometric identifiers for admission to also provide digital fingerprintswhen departing the US from any air- or seaports.
This proposed rule would not change current exit proceduresfor departing visitors regarding surrendering paper Forms I-94 or I-94W (arrival/departuredocuments) to airline or ship representatives. Rather, the rule would requirecommercial air carriers and cruise line owners and operators to collect and transmitthe foreign nationals’ biometric information to the DHS within 24 hours of the foreignnationals leaving the US.
The DHS plans to implement these procedures by January 2009 aspart of an effort to manage the Visa Waiver Program. Please note that thisis a proposed rule and currently in the general public commenting period. View the proposed rule online at the Federal Register website (www.gpoaccess.gov/fr/);search for DOCID “fr24ap088.” Comments may be submitted via the FederalRulemaking Portal at www.regulations.gov or via mail to US-VISIT,Attn: Air Exit NPRM, Department of Homeland Security, 1616 N. Fort Myer Drive, 18thFloor, Arlington, VA 22209.
DOS Final Rule on Electronic NIV Application
On April 29, 2008, the Department of State (DOS) issueda final rule amending its regulations related to Non-Immigrant Visa (NIV) applications,offering a completely electronic application procedure as an alternative to thesubmission of paper Form DS-156.
In the past, some U.S. consulates abroad accepted both paper and electronic FormDS-156 applications, while some only accepted electronic applications. Now, allapplicants must fill out electronic Form DS-156 application prior to their interviews,print the completed applications and bring with them to the interviews.