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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
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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
applications on May 12, 2008 for the Global Entry pilot
program designed to expedite the screening and processing of
low-risk, frequent international travelers entering the
United States. The program will kick off June 10, 2008 at
the three initial airports: John F. 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 who are frequent international travelers
provided they have not been found guilty of a criminal
offense, charged with a customs or immigration offense, or
declared inadmissible to the U.S. under immigration
regulations. Biometric fingerprint technology will be used
to verify the passenger’s identity and confirm his or her
status as a Global Entry participant.
The Global Entry application process consists of three
steps:
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An applicant must complete and submit an on-line
application through GOES and pay a $100 fee.
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CBP officers will review the applicant’s information and
conduct a background investigation.
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Finally, the applicant will undergo an interview with CBP
officers at an Enrollment Center at JFK, Houston or Dulles
Airports.
Once enrolled, U.S. travelers can bypass CBP’s passport
control line and proceed to a Global Entry kiosk, which
scans machine-readable passports and compares the traveler’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 kiosk touch 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 of Homeland 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 approach to registered traveler programs. In
addition, the DHS is in conversations with foreign partners
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 proposed rule to have airlines and
vessels collect biometrics from foreign nationals exiting
the United States. The US-VISIT exit proposal would require
non-US citizens who provide biometric identifiers for
admission to also provide digital fingerprints when
departing the US from any air- or seaports.
This proposed rule would not change
current exit procedures for departing visitors regarding
surrendering paper Forms I-94 or I-94W (arrival/departure
documents) to airline or ship representatives. Rather, the
rule would require commercial air carriers and cruise line
owners and operators to collect and transmit the foreign
nationals’ biometric information to the DHS within 24 hours
of the foreign nationals leaving the US.
The DHS plans to implement these
procedures by January 2009 as part of an effort to manage
the Visa Waiver Program. Please note that this is 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 “fr24ap08-8.”
Comments may be submitted via the Federal Rulemaking Portal
at
www.regulations.gov or via mail to US-VISIT, Attn: Air
Exit NPRM, Department of Homeland Security, 1616 N. Fort
Myer Drive, 18th Floor, Arlington, VA 22209.
DOS Final Rule on Electronic NIV Application
On April 29, 2008, the Department of State (DOS) issued a
final rule amending its regulations related to
Non-Immigrant Visa (NIV) applications, offering a
completely electronic application procedure as an
alternative to the submission of paper Form DS-156.
In the past, some U.S. consulates abroad accepted
both paper and electronic Form DS-156 applications,
while some only accepted electronic applications.
Now, all applicants must fill out electronic Form
DS-156 application prior to their interviews, print
the completed applications and bring with them to
the interviews.
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