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
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China - mainland born
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India
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Mexico
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Philippines
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1st
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C
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C
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C
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C
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C
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2nd
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C
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1-Apr-04
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1-Apr-04
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C
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C
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3rd
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1-Mar-06
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22-Mar-03
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1-Nov-01
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1-Jul-02
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1-Mar-06
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Other Workers
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1-Jan-03
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1-Jan-03
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1-Jan-03
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1-Jan-03
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1-Jan-03
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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.