U.S. Immigration News

Increased RFEs: Background and Management Tips

Immigration practitioners have reported an increase in the frequency of Requests for Further Evidence (RFEs) issued by the USCIS. The RFEs are often excessive, requesting far more information than is actually required by law, and overlooking documentation submitted with the original petition. However, it is essential to understand why this is occurring and what you can do about it.

The increased RFEs may be the result of USCIS officers exhibiting a protectionist attitude. They erroneously perceive immigration as the root cause of U.S. job losses; especially the immigrants on H-1B and L-1 petitions (two of the most popular temporary worker classifications). Therefore, pushing back on RFEs and increasing their demands is seen as allegedly protecting the U.S. job market.
Applicants are strongly encouraged to respond in full to RFEs to avoid complete denial, as the USCIS does have the discretion to deny a case if the RFE response is incomplete. You should consult your immigration practitioners who can review the RFE, advise applicants on how to respond and recommend the specific type of documentation that will satisfy the USCIS.

Tips on handling RFEs include:

• Respond to every single issue in the RFE and submit the requested documentation nevertheless, even if it does not appear to apply to your particular case or situation.

• Be aware of RFE deadlines, some can be due within 30 days, which does not leave much time for the coordination and collection of the necessary information and documentation.

• Retain an experienced immigration services provider who can counsel whether an RFE will be required at the outset and help advise on collecting documentation in advance of the filing in case an RFE is issued.

• Actively manage your foreign national’s immigration timelines and expirations. RFEs will delay the overall processing time of cases – anywhere from 2 weeks (for a premium processed case) to 60 days or more. Be cognizant of the necessary timelines for employment authorization, and consult your immigration services provider about properly maintaining immigrant and nonimmigrant status.

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Immigration Reform: Implications and Current Status

Between settling a turbulent economy and revamping the healthcare system, immigration reform (IR) is one of the top issues that President Obama is now tasked with resolving. You may think that your company will not be affected, but if passed the implications of IR will be widespread. For example, did you know that the 12 million illegal immigrants make up 25 percent of all agricultural jobs, 17 percent of office and house cleaning positions, 14 percent of construction jobs and 12 percent of the jobs in food preparation? Understanding the implications of IR and keeping up with related developments is key to proactively manage potential impacts on your organization.

IR implications for Your Company
It’s easy to dismiss IR as an issue that will not affect you or your company; however IR implications will be extensive. So why should you care about IR?

Some potential IR implications to consider for your company:

• Labor force disruption – If you employ any undocumented workers, there is potential for disruption in the workforce. For example, a company with a labor force of 50,000 and just 2% undocumented workers will have an issue with 1,000 workers. This can be lead to substantial disruption among your labor force.

• Increased HR staff – New regulations mean increased employer compliance, resulting in additional HR responsibilities and staffing needs.

• Increased risk/sanctions – Increased fines and penalties relating to non-compliance, along with the possibility of risking your company’s reputation.

• Increased costs – Internal costs related to staffing and other internal resources; external costs include potential application fees, provider fees, etc.

• New labor force opportunity – If you are having difficulty in staffing low-skilled positions, “temporary worker” provisions within IR may be a potential solution, as it will open access to a previously restricted labor pool.

VISANOW makes it easy to keep up with IR by publishing a monthly IR Insider newsletter that not only reports latest developments but analyzes their impact on employers. Below is an excerpt from the most recent issue. Sign up today and/or share with peers!

IR State of the Union
IR is not a new issue had has been a source of heated government debate since 2006, but what is the current state of the union in regards to IR? As much as the legislative aspect is debated, the current status and timing of IR is also highly disputed. Below is an excerpt from VISANOW’s June issue of Inside Immigration Reform, where Robert Meltzer, CEO, VISANOW gives his take and predictions on the current IR happenings:

“The time for fixing America’s broken immigration system is now. The tides for legislation passage have turned and ratification within the next 12 months is more promising than ever before since the recent comprehensive IR 2006 effort. So, what is different this time around with immigration reform back on the table in 2009? In 2006, the immigrant advocates were in full force, but the IR bill fell short in Congress with a lack of votes in the House of Representatives. The Senate tried again in 2007, but with contention in Congress and the general public, the IR bill was never voted upon. The Presidential election took the spotlight in 2008 and IR discussions were tabled. Now, in 2009 the political and economic environment is drastically different...” Read the full article

To keep up to date on IR developments, subscribe to VISANOW’s monthly IR Newsletter.

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USCIS Reminds Applicants to Obtain Advance Parole before Traveling Abroad

USCIS recently reminded applicants for Adjustment of Status, Asylum, Legalization and Temporary Protected Status (TPS) Beneficiaries to obtain an Advance Parole document before traveling abroad. The Advance Parole document allows an applicant to re-enter the U.S. after traveling abroad.

In order to obtain Advance Parole, individuals must file Form I-131, Application for Travel Document. The USCIS cautions individuals planning on traveling abroad to file Form I-131 well in advance of their travel plans (approximately 90 days before) in order to prevent possible conflicts.

Failure to file the I-131 and obtain advance parole approval before leaving the U.S. could have dire consequences and result in an individual not being able to re-enter. Therefore, individuals that have a pending I-485 are encouraged to apply for Advance Parole before traveling abroad for easier re-entry if the circumstances of their current status changes.

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E-Verify Federal Contractor Rule Delayed until September

As reported last month, E-Verify had been delayed for federal contractors until June 30, but implementation has now yet again been pushed back to September 8 – this is the fifth delay. The rule will require certain federal contractors and subcontractors to use E-Verify, but the USCIS stressed those only federal contractors who are awarded a new contract after September 8, which includes the Federal Acquisition Regulation (FAR) E-Verify clause (73 FR 67704) will be affected.

An Internet-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration, E-Verify quickly determines employment eligibility of new hires through Social Security number (SSN) validation. The federal contractor requirement to use E-Verify was stipulated to enforce the policy of the federal government only doing business with companies that have legal workforces.

Further, on June 8, 2009 the Homeland Security Subcommittee of the House Appropriations Committee passed a fiscal year spending package for DHS, which included a provision that would extend the E-Verify program for another two years. This provision will only become law if the Appropriations Committee and then Congress subsequently pass it.

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FBI Clears Backlog to Provide Faster Immigration Response

Last June, the U.S. Department of Justice Office of the Inspector General Audit Division released a report entitled, The Federal Bureau of Investigation’s (FBI) Security Check Procedures for Immigration Applications and Petitions, proving the FBI to be inefficient in processing immigration requests for the DHS. Due to the inefficiencies and a rise in DHS requests, especially in 2007, a massive FBI check backlog developed. However, the FBI recently commented that they are now clearing the backlog.

The backlog, which doesn’t include petitions that require thorough evaluation, stretches out a year or more for identity checks on applicants seeking visas to work or become citizens. Now, the FBI answers nearly all routine checks within 30 days and the rest within 90 days.

Although the FBI check is just one potential factor for a delay in the DHS / USCIS immigration process, a more efficient and timely FBI response, may help facilitate faster immigration processing.

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July Visa Bulletin

The July Visa Bulletin remains unchanged from June except for a five-year retrogression (when previously current dates on the bulletin go backwards and become unavailable) of priority dates for Chinese nationals in the Employment-Based (EB) second category (members of the professions holding advanced degrees or persons of exceptional ability).

Even more dramatic than last month’s bulletin regarding EB-2 Indian nationals, the cut-off date for Chinese nationals in the same category has experienced a five-year retrogression from February 15, 2005, to January 1, 2000, and is due to the overwhelming demand of immigrant visas for Chinese nationals.

Charles Oppenheim of the Department of State Visa Office recently commented that the future for India and Chinese nationals in the EB-2 category looks very grim. India and China like all countries have a limit of 2,800 EB-2 visas, but demand has significantly outgrown supply. For example, there are currently about 25,000 EB-2 India cases. Oppenheim forecasts that the category may become unavailable in August or September and commented that without “legislative relief, the waiting time for Indian and Chinese EB-2 applicants may be measured in years, even decades.”

EB Visa Bulletin for July 2009

Legend

• C = current as there is no waiting period necessary to file the I-485
• U = unavailable as visa supply has been exhausted for the remainder of fiscal year
• Date indicated = cut-off date that indicates a backlog; if the priority date (date the labor certification or I-140 was filed, depending on the type of case) is BEFORE date listed, the I-485 can be file

Employment-based Preferences

• First: Priority Workers
• Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability
• Third: Skilled Workers, Professionals and Other Workers
• Fourth: Certain Special Immigrants
• Fifth: Employment Creation

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International Immigration News
 

Blue Card Program Approved for the EU

Originally introduced in 2007, the Council of the European Union recently approved the Blue Card program. Similar to the U.S.’s green card system, the Blue Card system is an overarching one-track procedure meant to attract highly skilled non-EU workers to ultimately address labor shortages. Currently, there are 27 conflicting work permit procedures of every Member State, and while the Blue Card system will not replace existing national systems it will provide a fast-track admission process with the issuance of a special residence and work permit.

The Blue Card should enable a flexible demand-driven entry system, based on various criteria, such as a minimum salary limit equivalent with the salary levels in the Member States and on professional qualifications. More specifically, holders will have the same rights as the nationals of the issuing Member State in regards to:

• Working conditions (including pay and dismissal)
• Freedom of association
• Education, training and recognition of qualifications
• Parts of national law relating to social security and pensions
• Access to goods and services, including procedures for obtaining housing, information and counseling services
• Free access to that Member State’s entire territory

Blue Cards will be valid for one to four years, and can potentially be renewed. Further, once a Blue Card holder has lived in a member state for eighteen consecutive months, the holder can move to another EU Member State upon local approval.

Member States will now have two years to incorporate the Blue Card program into their national legislation; however, Britain and Ireland will most likely opt out of the directive.

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UK’s Tier 2 Shortage Occupation List Updated

The Migration Advisory Committee (MAC) presented revisions to the Shortage Occupation List for Tier 2 (skilled workers) to the UK Government. The UK Government accepted MAC’s full recommendation, and made the policy effective on June 15, 2009. Occupations on the updated list include various types of engineers, medical practitioners, scientists and teachers. View the full list here.

The Shortage Occupation List allows you to skip a step in the immigration process when hiring skilled workers (for a position on the list) by sidestepping the Resident Labor Market Test. Otherwise, the test will be required to show that there are no candidates within the European Economic Area to fill the position.

Currently there is an 11% increase (compared to Q1 2008) of issued UK employment permits, and with the recent revision of the occupation list, the percentage of issued work permits is expected to continue to grow (UK Home Office, 2009).

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New Long Term Pass in Effect in Singapore

The Ministry of Manpower, Singapore’s immigration services has created a new Employment Pass Services Center (EPSC) to open July 1, 2009 to register and issue the new Long Term Passes (LTPs) to foreign nationals living and working in Singapore. The new LTP touted as a more secure card will replace the existing Disembarkation / Embarkation (D/E) card, and will incorporate fingerprint biometrics and a photo of the holder to improve security surrounding identification.

The new LTP will be a replacement for the following pass holders:

• Employment Pass Holders
• EntrePass Holders
• Personalize Pass Holders
• Training Employment Pass Holders
• Working Holiday Pass Holders
• Dependant Pass and Long Term Visit Pass Holders

New passes will be in effect July 1, but workers currently with any of the passes mentioned above will be issued the new LTP upon renewal. View an example of the LTP.

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Polish Work Authorization Simplified

The Polish government has now reduced the complexity of the immigration process for work permits, which is good news for investors who have long been converging on Poland, as a vital hub between Western and Eastern Europe. The Promise of Work Permit that employers had to secure initially has been eliminated.

Previously, employees would have to first secure the Promise of Work Permit, then apply for a work visa at the Polish Embassy / Consulate, then apply for the final work permit and subsequently acquire the residence permit. With the new process, employers and employees can apply directly for the actual work permit, which is then presented to the Consulate / Embassy to secure the final work visa. A residence permit would be issued upon entry to Poland.

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VISANOW News
 

Free Webcast: 10 Steps Guaranteed to Streamline your Immigration Process and Increase ROI

Mobile global workforces are a critical success factor for organizations, and HR is expected to efficiently manage all aspects of employing foreign nationals, including immigration and securing work permits.

To help you navigate the immigration process, VISANOW has partnered with HR.com to present a webcast on July 29 at 11:00 a.m. EST.

The webcast will discuss 10 best practices that will challenge some traditions and myths surrounding immigration law and legal services.
Further, you will learn how to streamline your corporate immigration process, while achieving significant increases in employee satisfaction and ROI. Click here to register now.

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Partner Spotlight: TriNet

VISANOW and TriNet have been valued partners for over five years now. TriNet delivers HR outsourcing services that allow small companies to do what they do best. Thousands of companies have turned to TriNet for human resources, benefits, payroll, workers compensation, and strategic HR services.

As a trusted HR advisor, TriNet helps small business executives contain HR costs, minimize employer-related risks, and relieve the administrative burden of HR. TriNet also partners with in-house HR professionals to help them keep their focus on high-level strategic initiatives, such as talent acquisition, performance management, and training/development. Click here for more information.

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