Period of Stay for TN Professional Workers Extended
USCIS has increased the initial period of admission for a Trade-NAFTA
(TN) professional worker from one to three years, making it equal to the initial
period of admission given to H-1B professional workers. Eligible TN workers may
now be allowed to receive extensions of stay in increments of up to three years
instead of the prior maximum period of stay of one year. The extension will eliminate
the need for employers to re-file for extensions on a yearly basis.
This revision is one of the 26 initiatives identified by President Bush’s Administration
to address current immigration challenges using the tools and authorities available
under existing law.
November Visa Bulletin Shows Forward Movement for
Employment-Based Preference Categories
Despite concerns regarding the unknown level of demand for employment-based
immigrant visa numbers by the U.S. Citizenship and Immigration Services (USCIS),
the U.S. Department of State’s (DOS) November 2008 Visa Bulletin shows measurable
progress in most of these categories.
For example, workers in the employment-based second preference (EB-2) classification
from China and India saw a progression of two months, from April 2004 to June 2004
for Chinese nationals, and from April 2003 to June 2003 for Indian nationals.
The employment-based third preference (EB-3) categories saw similar gains or better.
The priority date for Mexican nationals moved forward by two months to September
2002. For Indian nationals, it progressed by three months to October 2001. Nationals
from China, the Philippines and all other countries moved ahead by four months.
Religious workers were the only category of employment-based immigrants that saw
no gains. Instead, these numbers became unavailable, implying that all available
numbers for Fiscal Year 2009 have already been distributed. The DOS, however, does
not confirm whether the entire year’s supply was exhausted within one month or if
the purpose is to curb overwhelming demand.
The DOS also announced that the USCIS has determined that it already has an extremely
large number of pending applications for permanent residency with priority dates
earlier than the posted Visa Bulletin dates. This confirms the DOS’s prior predictions
that forward movement will continue to be fairly slow in the coming months, and
they repeat their warning that retrogression is likely as the fiscal year progresses.
Employment-Based Visa Bulletin For November 2008
|
|
All charge-ability 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
|
|
1st
|
C
|
C
|
C
|
C
|
C
|
|
2nd
|
C
|
1-Apr-04
|
1-Apr-03
|
C
|
C
|
|
3rd
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1-Jan-05
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1-Oct-01
|
1-Jul-01
|
1-Jul-02
|
1-Jan-05
|
|
Other Workers
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1-Jan-03
|
1-Jan-03
|
1-Jan-03
|
1-Jan-03
|
1-Jan-03
|
USCIS Limits Scope of Religious Workers Eligible
for Green Cards
Effective Oct. 1, 2008, the U.S. Citizenship and Immigration Services
(USCIS) has eliminated two of the eligibility classifications for Green Card filings
within the special immigrant religious worker program. The Special Immigrant classification
previously allowed immigrant petition filing for individuals who were members of
religious organizations in the U.S. and sought to work as a minister or in a professional
capacity in a religious vocation or occupation. Classification was also available
to individuals who sought to work in a religious vocation or occupation for the
organization or its nonprofit affiliate. As of October 1, classification will only
be available to those seeking to work as a minister. The remaining positions will
no longer justify Special Immigrant classification.
Only individuals who were able to adjust status or obtain immigrant status under
the affected classifications before Oct. 1, 2008, will obtain permanent residence
under the Special Immigrant provisions for religious workers other than ministers.
Affected individuals who have not yet obtained I-360 and I-485 approval or immigrated
to the U.S. as permanent residents are no longer able to do so.
The Oct. 1, 2008 expiration date was the result of a prior extension granted by
the U.S. House of Representatives. However, no further extension had been granted
beyond the October 1 deadline. As of October 1, the USCIS has held pending cases
that were not approved by that date in abeyance. New filings for Special Immigrant
classification for non-minister religious workers cannot now be filed.
Countries Added to Visa Waiver Program
On October 17 President Bush announced that seven countries will be added to the
United States’ Visa Waiver Program (VWP) including the Czech Republic, Estonia,
Hungary, Latvia, Lithuania, Slovakia, and South Korea. Although an expected implementation
date has yet to be announced, it is anticipated that within a month citizens from
these countries will be able to travel to the United States for business or tourism
for up to 90 days without a visa.
Several more countries are currently in the process of review for admission into
the VWP including Bulgaria, Cyprus, Greece, Malta, Poland and Romania. These countries
are allies to the United States and believe their citizens should not have to wait
in line and pay for a visa to enter the country. The President agrees but indicated
that post- 9/11 travel security must be increased before more countries are allowed
to travel visa-free. In order to reduce the possible threat to the United States,
foreign citizens who do enter the country through the VWP will have to register
through a new online program that screens for potential security threats.
Currently, the VWP allows the foreign citizens of 27 countries to enter the United
States for business, pleasure or transit for up to 90 days. Upon entering, the foreign
citizen must hold a valid ticket for return or continued travel, and enter the United
States on an air or sea carrier designated as a participant in the VWP. Beginning
January 12, 2009, all travelers in the VWP must use the online program to obtain
authorization into the country at least 72 hours before leaving for the Unites States.
This online program is currently voluntary.
Naturalization Abroad for U.S. Armed Forces
In early 2008, the National Defense Authorization Act
for 2008 was put into law. This act allows certain spouses of members in the Armed
Forces to naturalize outside the United States.
To be eligible for this type of naturalization the spouse must hold lawful permanent
residency for at least three years and must also provide documentation showing military
orders for living abroad with their spouses.
Individuals that meet the eligibility requirements for naturalization outside the
U.S. should complete the N-400 and specify that they are pursuing Overseas Naturalization.
The applicant also needs to provide the following documentation for their application:
cover letter stating their current U.S and foreign addresses, marriage certificate,
fingerprint cards (applicant is able to take their fingerprints on the military
base), Form DD-1278, military member’s proof of citizenship (this maybe a passport
or birth certificate), two passport photos, applicant’s Permanent Resident Card
and evidence of marital relationship which may include documentation such as joint
accounts that the couple may have.
The application and all documentation should be sent to the Nebraska Service Center,
with the correct filing fee of $595 dollars when the applicant is outside the U.S.
Typically, the application is processed in 120 to 180 days.
2010 Diversity Visa Lottery Registration
The U.S. Department of State (DOS) is accepting applications for the 2010 Diversity
Visa (DV) Lottery Program from October 2 to December 1, 2008. Applicants may access
the electronic form online at www.dvlottery.state.gov
during the registration period. This annual program makes immigrant visa numbers
available to foreign nationals who are selected by a computer-generated random lottery.
The lottery makes 55,000 numbers available each fiscal year to individuals from
countries with low rates of immigration to the U.S. For fiscal year 2010, natives
of the following countries are not eligible to apply: Brazil, Canada, China (mainland
born), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India,
Jamaica, Mexico, Pakistan, Philippines, Peru, Poland, South Korea, United Kingdom
(except Northern Ireland) and its dependent territories, and Vietnam.
For detailed information about requirements and frequently asked questions, please
see the U.S. Department of State’s DV 2010 website at
http://travel.state.gov/visa/immigrants/types/types_1318.html.