More Foreign Nurses May Qualify for H-1B Visas

More foreign nurses may be able to come and work in the US sooner than usual, following the release of a recent memo by the US Citizenship and Immigration Services (USCIS) describing how they can be sponsored for the H-1B temporary work visa.

The H-1B visa is available to foreign workers who fill specialty occupation jobs in the US, such as physical therapists, accountants, engineers, graphic designers, finance or IT professionals, or teachers.

The term “specialty occupation” is generally described as jobs that require highly specialized knowledge or at least a bachelor’s degree for an entry-level position.

The critical factor for H-1B sponsorship is the job requirement and not whether the foreign worker has a bachelor’s degree.

The recent USCIS policy memorandum, dated July 11, potentially expands and formalizes which nursing positions in the US may be considered for H-1B sponsorship. It could open the door tomore foreign registered nurses (RNs) who already possess at least a bachelor’s degree in the field of nursing.

Since entry-level nursing jobs in the US do not normally require a bachelor’s degree, prior USCIS policy did not consider nursing as an H-1B specialty occupation, except in limited cases. As a result, very few foreign nurses qualify for H-1B visas, and eventually obtain their green card while working in the US.

Most of them come to the US on immigrant work visas after waiting for three to five years.  For instance, nurses from the Philippines – one of the largest sources of foreign RNs – are currently stuck in a four-year wait.

Under the recent seven-page memo, foreign registered nurses can skip the long wait for immigrant visas and instead enter the US as H-1B temporary workers and pursue their green card applications while in the US.

Three general groups of nursing jobs in the US may now be H-1B-caliber positions:

Nursing positions at healthcare organizations, under the American Nurses Credentialing Center (ANCC) Magnet Recognition Program. An H1B sponsor with ANCC Magnet status indicates that its nursing workforce has attained high standards of nursing practice and possesses at least a bachelor’s degree.

Nurses performing specialized and complex duties usually associated with the attainment of a bachelor’s degree, such as: addiction nurses, cardiovascular nurses, critical care nurses; emergency room nurses; genetics nurses; neonatology nurses; nephrology nurses;oncology nurses; pediatric nurses; peri-operative nurses; or rehabilitation nurses.

Advanced Practice Registered Nurse (APRN) is considered a specialty occupation “due to the advanced level of education and training required for certification.” Some APRN positions include the Certified Nurse-Midwife (CNM); the Certified Clinical Nurse Specialist (CNS); Certified Nurse Practitioner (CNP); and the Certified Registered Nurse Anesthetist (CRNA).

All nurses in the US must possess a nursing license. To be licensed, the nurse must complete an approved nursing program and pass the National Council Licensure Examination (NCLEX).  Other specific requirements to practice the nursing profession vary from state-to-state.

At present, there is no state that requires a bachelor’s degree in nursing for licensure. However, state licensure requirements may change. In case a bachelor’s degree will be required for a nursing job in a particular state, a foreign RN may obtain an H-1B work visa for that particular job.

The U.S. government has projected a faster than average growth in the demand for nurses until 2022. Many factors lead to the growing need for nurses and other healthcare professionals in the U.S., including: the implementation of the Affordable Care Act (also referred to as “Obamacare”); the emphasis in preventative care; high rates of chronic conditions; and the increasing demand for healthcare from the baby boomer population.

H-1B workers are allowed to work for a maximum of six years in the U.S. This six-year maximum may be extended, provided a green-card case is on track for the H-1B worker. Their spouse and children under 21 years old may obtain H-4 visas and accompany them in the U.S.  

At present, an H-4 spouse is not allowed to work while in the US. The USCIS, however, is studying the possibility of granting H-4 spouses work authorization.

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Posted in: Immigration News , travel news , us immigration , US Visa

US-Bound Airlines to Screen Smartphones, Laptops Because of New Al-Qaeda Terror Threat

Airlines that fly direct to the US will be forced to step up checks on mobile phones and shoes in light of threats of an Al-Qaeda bomb attack. US officials say terrorists have found a way to conceal incendiary devices inside phones to avoid detection.

Passengers on flights from Europe, the Middle East and Africa bound for the US will be subjected to extra security checks, US officials have told Reuters. The US government warned earlier this week of an Al-Qaeda effort to create an undetectable bomb that could be smuggled through airport security.

According to US intelligence sources, the undetectable devices are most likely to be hidden in smartphones, including Apple iPhones and Samsung Galaxy phones. The bombs could also be surgically implanted into an insurgent’s body or be embedded in clothes fibers.

Officials say that bomb makers from an Al-Qaeda affiliate group in Yemen are collaborating with the Syrian al-Nusra Front to develop a device that foils security.

Airlines that do not step up their security measures could face bans on their flights entering the United States. 

Heightened security measures have already been implemented in UK airports with fears they may cause significant delays during the holiday season.

The tough new security policy subjects passengers to “vigorous” body searches and requires them to switch on their laptops, mobile phones and other electronic devices when they pass through security. Airport staff are also swabbing travelers’ shoes and clothes to check for traces of explosives.

Travelers at London’s Heathrow airport told UK media that the new measures had slowed the pace at departure gates. US student Eryk Salvaggi, who was heading to Boston, told The Daily Mail that it seemed to take “twice as long for his bags to go through.”

Members of the Transportation Security Administration (TSA) check a passenger's bags with N.J. Transit Police to secure mass transit for the Super Bowl XLVIII, in Secaucus, New Jersey January 31, 2014. (Reuters/Eduardo Munoz)Members of the Transportation Security Administration (TSA) check a passenger's bags with N.J. Transit Police to secure mass transit for the Super Bowl XLVIII, in Secaucus, New Jersey January 31, 2014. (Reuters/Eduardo Munoz)

“There were a lot of bags being taken aside too, when they came out the other side, for extra searches,” he said. “There seemed to be a lot of frisking going on too.”

However, the two largest UK airports said they were operating as normal Thursday evening. A senior official from the US Department of Homeland Security told the BBC that there would be no delays in the coming days, but he also said the security measures had not yet been fully implemented.

The UK government has said that the security measures may be permanent at UK airports in response to an evolving terrorist threat. Deputy Prime Minister Nick Clegg warned of the threat posed by the "medieval, violent, revolting ideology" behind the alleged bomb plots.

"We have to make sure the checks are there to meet the nature of the new kinds of threats. Whether it is forever – I can't make any predictions. But I don't want people to think that this is just a sort of a blip for a week. This is part of an evolving and constant review about whether the checks keep up with the nature of the threats we face,” Clegg said in an LBC radio interview Thursday.

Prime Minister David Cameron emphasized the importance of putting safety first, and said the new measures had been implemented after consultation with the US government.

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Posted in: Immigration News , travel news , US Embassy , us immigration

Thousands of Immigrants Become US Citizens to Mark Presidents’ Day

Almost 18,000 people became US citizens in ceremonies across the country to mark Presidents’ Day, according to figures released by the US Citizenship and Immigration Services (USCIS.)

‘I am very proud that nearly 18,000 immigrants have become US citizens. It is special for our newest citizens to take their Oaths of Allegiance as we celebrate Presidents’ Day,’ said USCIS Acting Director Lori Scialabba.

‘Our newest citizens will help shape our nation’s future. Through the contributions they make, and by choosing to naturalize, they reinforce America’s unique heritage as a nation of immigrants,’ Scialabba added.

The United States welcomes thousands of foreign workers in multiple occupations or employment categories every year. These include artists, researchers, cultural exchange participants, information technologyspecialists, religious workers, investors, scientists, athletes, nurses, agricultural workers and others.

All foreign workers must obtain permission to work legally in the United States. Each employment category for admission has different requirements, conditions and authorized periods of stay. It is important that you adhere to the terms of your application or petition for admission and visa. Any violation can result in removal or denial of re-entry into the country.

There are various visa options. A temporary worker can obtain a visa for entering the country for a specific purpose over a set period of time and is restricted to the activity or reason for which their visa was issued.

A permanent worker is an individual who is authorized to live and work permanently in the United States.

Students and exchange visitors may, under certain circumstances, be allowed to work in the United States. They must obtain permission from an authorized official at their college.

Employers must verify that an individual whom they plan to employ or continue to employ is authorized to work. Individuals, such as those who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work related non-immigrant classifications, may have employment authorization as a direct result of their immigration status. Others may need to apply individually for employment authorization.

Temporary visas are also available for business, unless you qualify for admission without a visa under the Visa Waiver Programme.

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Posted in: Immigration News , US citizens , us immigration , US Visa

US Election Result Brings Hope of Immigration Reform

THE people of the United States have reelected Barack Obama to a second term as America’s chief executive. Over the next four years, President Obama will maintain the ability to appoint justices to the Supreme Court and to the lower federal courts and to the heads of the federal agencies. Obama has pledged during his campaign that he remains committed to immigration reform, and to policies that favor the growing immigrant base that just helped him win the election.

When Obama was first elected president, he promised to bring comprehensive immigration reform before Congress. In his first term, his efforts at reform were thwarted by a Congress that was unable or unwilling to make bipartisan compromises in order to promote effective change. Unable to pass laws without the support of Congress, President Obama used his executive authority to improve the system in place and open avenues for relief under the existing legal framework.

Starting last year, through his Secretary of Homeland Security, President Obama encouraged agents and attorneys with Immigration & Customs Enforcement (ICE) to exercise prosecutorial discretion in deciding which cases to pursue for removal or deportation from the United States. The President advised ICE to focus resources on high-priority cases involving dangerous criminals, and to make available the option to cancel removal in the case of a person with strong family ties, no criminal record, and other favorable equities. This policy has resulted in the termination of numerous deportation and removal cases, preventing the break-up of families that were facing seemingly imminent separation.

Earlier this year, President Obama proposed regulatory changes that would permit a person who entered the United States without authorization to file for a “provisional waiver” before departing the United States to apply for readmission abroad. This waiver would significantly shorten the time that families are separated while family-based applications are pending. The provisional waiver is ready to be implemented, and the momentum from this election inspires confidence that final regulations will be forthcoming soon.

Recently, President Obama exercised his authority to put in place an application process known as Deferred Action for Childhood Arrivals (DACA) in order to provide some relief through administrative channels for young persons who have lived in the United States for several years and attended schools in the United States. Many believed that if Mitt Romney had been elected, he would terminate the program, or decline to renew individual applications when they expire after two years. With Obama back safely in the White House, we can proceed with DACA applications with the confidence that the program will remain in place, and that DACA grants will be extended in two years’ time. We remain confident, as President Obama pledged during this campaign, that once the Dream Act is finally passed, the work authorizations issued under DACA will lead to permanent residency and citizenship.

The Obama administration may also provide support for changes necessary to exercise the full benefit of the Child Status Protection Act for aged-out beneficiaries of immigrant petitions. As benefits are expanded and more immigrants are eligible to apply for admission to the United States, the visa quota system will need to be expanded. The Obama administration would likely favor a push for increased visa availability to accommodate the influx in applicants who are now eligible to apply.

The reelection, and changing dynamics in Congress, also provides good cause for optimism that comprehensive immigration reform is possible. This election demonstrates that the Republican Party must update its message to address substantial numbers of Latino and Asian voters. In order to adapt to the changing American demographic, Republicans will need to soften their stance on immigration policy. The parties should be encouraged to work together to promote business immigration policies that will maintain American competiveness in a global economy. As President Obama said during the second debate, “there are folks all around the world who still see America as the land of promise. And they provide us energy and they provide us innovation and they start companies like Intel and Google. And we want to encourage that.”

Barack Obama’s second and final term in office is his opportunity to preserve a progressive, immigrant-friendly legacy, and to expand on the base support of immigrant communities for the future of the Democratic Party. President Obama does not need to tow a centrist line anymore, and can forcefully advocate for the positive immigration reform he has promoted throughout his presidency and his campaigns. We are optimistic that the next four years will open new pathways to immigration relief and reform for the betterment of this great melting pot.

President Obama has already put several programs in place that provide relief that was not previously available, and there is good cause to believe additional relief is on the way. Any person seeking status in the United States is encouraged to consult with an experienced immigration attorney to determine what options might already be available.

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Posted in: Immigration News , travel news , Travel Tips , us election result , us immigration

Tattoos can Cause Trouble for Immigrants

Legally immigrating to the United States can be a long and difficult process. Potential immigrants to this country have to maintain a job and clear criminal records or they can face deportation to their home country. It isn’t easy, but for those who achieve it, it is well worth it.

To add to the difficulty for immigrants, tattoos can also play a role in their being denied a green card to the become United States citizens. Many tattoos in certain countries and cultures have connections to gangs and other criminal organizations. Certain tattoos can affiliate a person from Japan with the Yakuza, certain iconography is associated with the Russian mafia, and various Latin street gangs have tattoos that identify their affiliations.

The issue with tattoos and gangs in Latin America has become a recent issue for immigrants from Mexico. The Wall Street Journal ran a recent article profiling two immigrants named Hector Villalobos and Rolando Mora Huerta. Villalobos has been working in the United States since 2006, but when he went back to Mexico to meet with an immigration officer about his processing for his green card, he was stopped at the border. He had two tattoos of the classic laughing/crying theatre masks—which can mean “Laugh Now, Cry Later” to certain gangs—on his back. Though Villalobos simply got the tattoos because he liked the artwork, that specific tattoo has been tied to Mexican gangs, and his re-entry into the country has been detained. He is awaiting review of his application, with no date set.

A similar situation happened to Huerta, who had been married to an American citizen, when he was arrested in 2008 for being the country illegally. His record showed only minor offenses, such as speeding. He was deported and in 2010 was interviewed at the United States consulate in Juarez, Mexico to attempt to get a visa. He had similar tattoos as Villalobos, though he denied any gang affiliations. His visa was denied to “have affiliation with a criminal organization”. Both men’s families are seeking legal action claiming profiling.

The trouble for these men is not unique in the world of tattoos and popular culture. There are instances of tattoos that marked one as affiliated with certain organizations that go back centuries. Yet as time has went on, the popular culture as time goes on and unfortunately law abiding citizens can find themselves in trouble with the law. With worries of gangs coming across the border with Latin American immigrants, the justice department can be accused of being “hyper cautious”, yet maybe they rightfully so given the current troubles that some of our southern neighbors are dealing with.

Unfortunately for these two men, their families, and others like them the love of artwork can has landed them in trouble with the law due to the lack of knowledge of the symbolism of their tattoos. Perhaps the moral of this story is not so much about immigrants being wrongfully deported and associated with gangs. Perhaps it is also a warning to those that get tattoos to make sure they research they symbolism before they get inked.

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Posted in: green card , immigration and travel , Travel Tips , us immigration , US Visa , visa tips

Alabama House Votes to Strip Language from HB 56

Last Thursday, the Alabama House of Representatives voted 64-34 to make major revisions to the State's immigration enforcement law, HB 56.  (Montgomery Advertiser, Apr. 19, 2012) The changes were adopted through the passage of HB 658, introduced by Rep. Micky Hammon, also the House author of HB 56. House passage of HB 658 comes only two weeks after the bill's introduction, during which time the bill was heard and amended by the Public Safety and Homeland Security Committee. (See Alabama House Bill Status for HB 658)

HB 658 weakens HB 56 in several ways. It limits the circumstances under which law enforcement officers check immigration status, weakens the penalties for knowingly hiring illegal aliens, eliminates the prohibition on renting apartments to an individual a landlord knows is an illegal alien, and eliminates the requirement that schools collect immigration data on their students for inclusion in state reports.  (See HB 658 as engrossed; FAIR Legislative Update, Apr. 9, 2012) With regard to the last provision, however, HB 658 still requires that the state prepare a report on the cost of educating the children of illegal aliens and expressly allows the state to contract with scholars, economists, or public research institutions to complete it.

Debate on the Alabama House floor was long and contentious.  Opponents said the bill did not go far enough, calling for an outright repeal.  (See, e.g. Letter to House Speaker Hubbard and Senate President Pro Tem Marsh)  Early on, the House Legislative Black Caucus led a filibuster, saying the law had led to discrimination and other unintended consequences. (Montgomery Advertiser, Apr. 19, 2012) Rep. Hammon, however, promoted the changes as merely clarifying HB 56, particularly for law enforcement. "We've had a year to examine our law and talk to people who work with the law every day," said Hammon. "We have put together some clarifications and simplifications and few language changes in the law." (Montgomery Advertiser, Apr. 19, 2012)

The Alabama Senate will soon be considering companion legislation to HB 658.  The companion bill, SB 541, was introduced by Senator Scott Beason on April 19, the same day the House passed HB 658. However, in contrast to HB 658, SB 541 is much smaller in scope regarding the revisions it makes to HB 56.

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Posted in: immigration tips , US Embassy , us immigration , US Visa , visa tips

Processing Waivers for Family Members Reduced from Years to Months

Last Jan. 6, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a notice of intent in the Federal Register outlining its plan to reduce the time that U.S. citizens are separated from their spouses and children under certain circumstances while those family members go through the process of becoming legal immigrants to the United States.  Currently, spouses and sons and daughters of U.S. citizens who have accrued a certain period of unlawful presence in the United States, and have to leave the country as part of the legal immigration process, are barred from returning to their families for as long as 3 or 10 years.  They can receive a waiver to allow them to return to their families by showing that their U.S. citizen family member would face extreme hardship as a result of the separation.  This proposal would streamline the processing of these individuals’ waiver applications based on unlawful presence; USCIS proposes to process their waiver applications in the United States before any American family faces separation.  The process would only apply to immigrants who are eligible for a US visa.

Under the proposed process, the spouses and children of U.S. citizens who are eligible for a visa to immigrate legally to the United States, but who need a waiver of inadmissibility for unlawful presence in order to obtain that visa expeditiously, would apply for a provisional waiver before leaving the United States to have their immigrant visa application processed at a U.S. embassy or consulate abroad (as they must pursuant to law).  The notice limits the streamlined process to those individuals who are inadmissible based solely on having accrued a period of unlawful presence and – pursuant to statutory requirements – who can demonstrate extreme hardship to their U.S. citizen relative.  All individuals affected by this streamlined process would need to meet all legal requirements for admission to the United States, including the requirement that they process their visa application at a U.S. consulate abroad.

With the change outlined in the notice, individuals who currently qualify for a waiver of inadmissibility under the existing eligibility standards, and who can demonstrate that separation from their U.S. citizen spouse or parent would cause extreme hardship to that relative, would be allowed to apply for a waiver while still in the U.S.  By allowing these individuals to apply for waivers in the U.S. and making a provisional determination of waiver eligibility before the individuals must depart the country for visa processing, USCIS would provide a more predictable and transparent process and improved processing times, minimizing the separation of U.S. citizens from their families. The change would also streamline the process for both USCIS and the Department of State (DOS) when handling requests for these waivers.  As a result, this change would encourage individuals who may be eligible for a waiver of inadmissibility to seek lawful readmission to the United States by limiting the amount of time they would need to spend away from their U.S. citizen spouse or parent.

Following publication of this notice, USCIS will undertake further analysis and collaborate with the Department of State to develop the streamlined process in greater detail.  USCIS plans to publish a notice of proposed rulemaking in the coming months that will provide additional details and allow the opportunity for public comment.  A final rule will then be published to implement the streamlined process.  The rule will not modify the underlying standard for assessing whether denial of the waiver would result in extreme hardship to the U.S. citizen spouse or parent of such individuals.  It would modify only the process by which these applications may be filed and accepted by USCIS for processing.

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Posted in: US Embassy , us immigration , US Visa , USCIS

H-1B Visas - No More Application Until Late 2012

The US Immigration is no longer accepting applications for H-1B visas for the government's current fiscal year, meaning that foreign tech workers will not be able submit applications for the temporary work permits until October of next year. US Citizenship and Immigration Services said it had received enough applications to fill the 65,000 H-1B visa cap as of Nov. 22, two months earlier than last year. The agency said applications received after that date will be rejected.

USCIS said it's also received enough applications to fill the additional 20,000 H-1B visas that are available to foreign graduates who studied in advanced degree programs at U.S. universities. Current H-1B visa holders can still file to change the terms of their employment. H-1B visas allow foreign workers, mostly in the tech industry, to work in the U.S. for three years. The US visas can be renewed for one, additional three-year term.

That the H-1B cap was reached well ahead of last year's pace indicates that the program is not allowing skilled IT workers to move to the U.S. in sufficient numbers, according to proponents of a more open immigration system. A recent study by The Partnership for a New American Economy, which is backed by a number of tech and business giants, including Microsoft, Boeing, and News Corp., found that 18% of the companies on the 2010 Fortune 500 list were founded by immigrants. "The findings are clear, immigrants drive our economy," said the group. The study noted that eBay, Yahoo, Sun, and Qualcomm were all founded by immigrants.

Not everyone is in favor of looser immigration rules for tech workers. Groups that represent American IT workers, such as WashTec and Alliance At IBM, have noted that a number of tech companies, including Microsoft and IBM, have laid off thousands of U.S.-born employees in the past several years even as they have brought in H-1B workers from India, China, and other offshore locations. Critics also point to a recent study by the General Accountability Office, which found that 54% of H-1B visa recipients were entry-level caliber workers, even though the program was designed for highly skilled professionals. On Thursday, The Partnership for A New Economy and The American Enterprise Institute will hold a briefing in Washington, D.C., where they plan to argue for loosening the caps on the H-1B and other visa programs. U.S. Rep Tim Griffin (R-Ariz.) plans to speak at the event.

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Posted in: H-1B visa cap , H-1B visas , US Embassy , us immigration , US Visa

Chances for Green Cards boosts by the US

The US House of Representatives on Tuesday voted to change family-based visa limits from 7 percent to 15 percent per country, an adjustment that could slightly ease the backlog for naturalized citizens—particularly from the Philippines and Mexico, trying to bring relatives into the country. The legislation, which passed 389-15, was a rare example of bipartisan accord on immigration, an issue that largely has been avoided during the current session of Congress because of the political sensitivities involved.

The measure would eliminate the current law that says employment-based visas to any one country cannot exceed 7 percent of the total number of such visas given out. Instead, permanent residence visas, or green cards, would be handled on a first-come, first-served basis. The bill also seeks to end per-country caps on worker-based immigration visas, a move that should benefit skilled Indian and Chinese residents seeking to stay in the United States and the high-tech companies who hire them.

Republican Representative Jason Chaffetz, the sponsor of the bill, said it “does encourage high-skilled immigrants who were educated in the United States to stay and help build our economy rather than using the skills they learned here to aid our competitor nations.” Currently, the US state department issues about 140,000 such green cards a year to foreign nationals working in the United States, often after getting degrees from US universities.

The bill, if passed into law, would boost the number of Filipinos migrating to the United States.

Filipino immigrants are already the second largest immigrant group after Mexicans, according to the Migration Policy Institute (MPI). Citing US census data and immigration statistics, the MPI said there were 1.6 million immigrants born from the Philippines, a former US colony, in the United States in 2006. Many of them were petitioned by relatives.

The MPI said that almost half (46 percent) of Filipino immigrants resided in California and that over two-thirds were concentrated in five states (California, Hawaii, New York, Illinois and New Jersey).

The Commission on Filipinos Overseas placed the number of Filipinos in the United States in 2009 at 2.88 million, including 2.59 million permanent residents. Overseas Filipinos are a big source of foreign exchange for the Philippines. In 2010, they remitted $18.8 billion, helping boost the Philippine economy.

Democratic Senator Charles Schumer, who heads the Senate judiciary panel on immigration, said he planned to move the bill as quickly as possible in the chamber, “where we expect it to find overwhelming support.” Schumer said the legislation would “remove outdated constraints that prevent us from attracting the kind of innovators who can create job growth in America.”

The Obama administration in its first two years failed in several major efforts to change immigration law, and this year the issue has largely been off the table, with Republicans making clear that anything suggesting amnesty for those in the country illegally would be rejected. The Chaffetz bill does not change the number of visas being issued, and groups representing immigrants said the bill would do little to resolve pressing immigration issues. However, they praised US Congress for showing it can act.

Ali Noorani, executive director of the National Immigration Forum, said that while the bill would not bring significant changes, “we think this is a positive step forward.” He said it was a good sign that “Republicans and Democrats are actually working on solutions.” Crystal Williams, executive director of the American Immigration Lawyers Association, said the measure “makes the system a tiny bit fairer and demonstrates that Congress can do something on immigration, however small.”

Williams cited estimates that while someone from England might wait two or three years for a green card, an Indian could conceivably be on the waiting list for decades.

Still, because there will be no increase in visas issued, there will be losers. Hosin “David” Lee, president of the Korean-American Scientists and Engineers Association, said the bill would force engineers from South Korea to wait an additional two years in their immigration process to get green cards. Compete America, a group that represents high-tech companies such as Google and Microsoft Corp. and research institutes, said the bill would correct a problem in which countries with very small populations were subject to the same 7-percent cap as countries such as India and China, which account for more than 40 percent of the world’s population.

The lengthy waiting periods for people trained and working in America “are contributing to a reverse brain drain in the United States as frustrated professionals opt to return to their home countries to pursue their professional ambitions,” Kevin Richards, senior vice president of Tech America, which represents the technology industry, said in a letter to lawmakers. US employers are prohibited under the law from hiring foreign workers unless they show there are not sufficient US workers willing and able to take the jobs.

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Posted in: Filipino immigrants , green card , Immigration News , immigration tips , travel news , Travel Tips , UK work Visa , us immigration , visa tips

Gail Kerr: US Immigration Needs to Open Doors to Foreign Tech Workers

A pro-business group that landed in Nashville this week is spreading a unique message: “Immigrant” is not a dirty word. At a time when there are 1,000 technology jobs open and waiting for good candidates in Nashville-area businesses, this group is realizing America has thrown up barriers that stop some of the brightest minds in foreign companies from even attempting to relocate here.

The Partnership for a New American Economy, led by New York Mayor Michael Bloomberg and backed by Nashville Mayor Karl Dean and the Nashville Area Chamber of Commerce, came to town this week to persuade other Nashville leaders to get on board. It’s not a new message at all: It used to be that coming to America was a dream come true, particularly for the world’s smartest high-tech workers. But then the trend of hating all immigrants spread rapidly through the country, and the message became that we didn't want any foreigners touching our soil.

Thank goodness this group is singing a different tune. It is pushing Congress to steer clear of hot-button fights over amnesty and border patrols and, instead, focus on real, practical immigration law reform. It favors laws making it easier for high-tech workers to get visas to move here and to keep international students here once they graduate. It comes just a few weeks after news broke that Nashville job recruiters are taking extraordinary steps to find people to fill high-tech jobs. Technology talent needs to be home-grown, but it isn’t right now. Chamber officials are working with 18 universities to entice students to enter tech programs. Local companies also are trying to train the existing pool of unemployed workers who are already here. And, recruiters are turning to places like Silicon Valley to hire and attract technology companies.

Still, 1,000 empty tech jobs is a slew of opportunity. The trend to look at immigrants as a source for filling these jobs is a natural next step. The Partnership for a New American Economy is a year-old group that focuses on loosening federal law to attract more scientists and engineers from foreign countries. For example, it wants to create an entrepreneur visa to draw high-tech talent from countries including China, India and Canada who want to start their own businesses.

Right now, America to those people “is more foreboding than it should be,” Alejandro Mayorkas, director of U.S. Citizenship and Immigration Services, said at a Nashville panel discussion. One of the business people backing the effort is Colin Reed, chairman and chief executive of Gaylord Entertainment Co. He would like to see it become easier to get a tourism visa to visit American cities. The waits for those now are lengthy, and the process requires an interview with the State Department. Why bother, when it’s easier to vacation in other countries?

“We’ve got to have stronger leadership in both branches of government to tackle these issues and not dance around the outside,” Reed said. He’s right on the money. People have become so paranoid about “illegal immigrants” that America has shot itself in the foot when it comes to attracting smart workers, new business owners and tourists.

How refreshing to see a group like this step up and confront those who want to make legal immigration a prickly, emotional issue.

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Posted in: Foreign Tech Workers , Immigration News , immigration tips , travel news , Travel Tips , US Embassy , us immigration

US Immigration Enforces New US Visa Rule

 The US immigration agency is enforcing a new set of rules that can make life harder for Americans and their non-citizen spouses living overseas. The new process of obtaining an immigrant visa increased from three months to a minimum of five. Sometimes it may take as long as three years, The New York Times reported on Aug. 14.    

Ukraine is no exception. Americans married to Ukrainians residing in their home country will have to go through a long and complicated visa process if they decide to leave. The US Embassy in Ukraine estimates that the rule will affect approximately 5,000 Americans internationally. In an effort to centralize the process, the U.S. Department of Homeland Security now requires applicants abroad to mail the visa document called I-130 to a central immigration office in Chicago, whereas before it was enough to contact a local consulate.

“This is making a simple process complex,” said Reno Domenico, head of the Ukrainian branch of Democrats Abroad. “The new process is very impersonal, even though they say it will be a simplified process. From our experience, we don’t believe that it will be the case.” Following the submission of I-130, the families will have to wait approximately five months for the processing results, which is nearly twice as long as it was before.

After I-130 is processed, the applicant will have to submit an application to the U.S. State Department for the actual US visa. So, the entire process of bringing the family to the U.S. might take from one to three years. The options for temporary visits to the U.S. by non-citizen spouses, while the application is pending, may be limited, said Dominico.

“We suspect there will be problems with getting visitor’s visas,” he said. The US Citizenship and Immigration Services, however, assure that new rules will improve the overall system. In the interview with The New York Times on Aug. 14, spokeswoman Edna Z. Ruano said that the mail-based approach would save many Americans trips to consulates or embassies abroad and will be a step towards full transition to the electronic process. The background to this rule, according to Ruano, is financial strain on the immigration services. Last year the State Department billed the agency $3 million for its I-130 work. As a result, the agency has decided that “it is more cost effective for U.S.C.I.S. to adjudicate all I-130s, with certain limited exceptions.”

But it is an unpopular decision. “From the administrative point of view, this decision might be reasonable. However, from a human standpoint it is a terrible idea. Even though Ukraine is our home now, the new rule is taking away the choice to return to the U.S. whenever we want,” commented Scott Lewis, executive vice president for Willard. In rare situations, such as medical emergencies, threats to personal safety or some adoptions, the State Department will process applications, speeding the process.

Daniel Cisek, deputy press attache of the U.S. Embassy in Kyiv, said that any exceptions will be approved by the local Citizenship and Immigration Services office, which for Ukraine is in Moscow. “We estimate this will affect less than 20 applicants per year in Ukraine,” Cisek said.  

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Posted in: US Embassy , us immigration , US Visa

How Hard to Get a US Visa?

Did you know that for every 10 tourist or business visa applications filed with the United States embassy in Manila, about seven get approved? “It’s a 70 percent approval rate, which is pretty good,” according to Consul General Michael R. Schimmel. He says “it’s a reasonable rate” though he would like it to go higher.

“We very much want to see Filipinos visit the US. It’s in everybody’s interest for Filipinos to travel to the US,” Schimmel, who assumed his post in October, tells the Inquirer. He says international travel is the best way to promote a solid bilateral relationship. He adds, “We want to promote American businesses. Travel is a huge American business. We want to see Philippine nationals come to the US for a wide range of reasons.”

Last year, the embassy received some 210,000 nonimmigrant visa applications, about 700-1,000 applications a day. Close to 30 percent were disapproved for various reasons.

Arbitrary?

Many applicants who get turned down complain that the disapproval is arbitrary. Retired Army Col. Justino A. Padiernos’ application was denied four successive times between 2008 and 2009. In April, the 77-year-old Padiernos of Gapan, Nueva Ecija filed a formal protest with the Department of Foreign Affairs’ Office of American Affairs (OAA). DFA Assistant Secretary Patricia Ann Paez referred the  protest to Schimmel.

Former Southern Command chief Lt. Gen. Romeo Padiernos had criticized former Foreign Secretary Alberto Romulo for not acting on his older brother’s request for assistance in securing a visa. The older Padiernos studied and worked in the US and was a  permanent resident (green card holder) in 1982-1992. He gave up his green card and returned home, becoming the  chair and chief executive officer of the cooperative Agricultural Productivity Development Corp.

He returned several times to the US as a tourist between 1993 and 2008. Padiernos, who said he wanted to go to the US again to visit his family and attend to a civil court case involving a family property, said the denial of his visa application was arbitrary. The US Embassy said applications were decided based on “individual merits,” consistent with immigration laws.

In a letter to Padiernos, embassy official Richard Swart explained that consular officers were trained   “to presume that visa applicants intend to immigrate unless they can demonstrate that their familial, social, professional, and economic ties to the Philippines are compelling enough for them to return after a temporary stay in the US.”

Swart said applicants should not only show a good and legitimate reason to go to the US, but an even better reason to return home. Padiernos’ wife and daughter live in the US but he cites “strong economic ties” in the Philippines as head of a coop, including a coop for Philippine Military Academy alumni.

Interview is crucial

Schimmel says “there’s nothing mysterious about obtaining a US visa.” But he says everything depends on the interview. He says somebody who is truthful and honest and needs a visa only for a visit will get it. He stresses, “Avoid fixers. There’s no need for an intermediary.”

Schimmel says the US embassy web site explains the procedure. He says because there are about 11 million undocumented foreign nationals in the US, many of them arriving legitimately with visas, they have to scrutinize carefully applications.

No visa waiver for PH

The Philippines is not among 36 countries covered by the Visa Waiver Program (VWP). Nationals of countries covered by VWP can travel to the US for tourism or business purposes without a visa and stay for not more than  90 days. Only four Asian countries are in the VWP: Brunei Darussalam, Japan, Singapore and South Korea.

To be admitted to the program, a country “must meet various security and other requirements, such as enhanced law enforcement and security-related data sharing with the US.” The US State Department says VWP members must also “maintain high counter-terrorism, border control and document security standards.” For a country to qualify, the rate of visa application refusal must be less than two percent. The Philippines’ is around 30 percent.

In the top three

As for immigrant visas, Schimmel says they get 50,000-70,000 applications each year. He says the number places the Philippines in the top three, with Mexico in the number one spot, followed by China.

Last year, the embassy got 52,000 applications. Schimmel says most immigrant visas get approved. Although some applications may get deferred for one reason or another,  “most people in the category eventually—if they’re transparent individuals—will be approved.”

For nonimmigrant visa applications, the fees are: $140 for visitor or business, $150 for temporary worker, $350 for fiance/fiancee, and $390 for investor or trader. For immigrant visas, immediate relative and family preference applicants are charged $330 each. Employment-based application fee is $720.

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Posted in: US Embassy , us immigration , US Visa

US Startup Visa: Visa for Foreign Entrepreneurs

The dream of U.S. to become the world's best startup hub is currently a dream as their current immigration policies have prevented many foreign-born startup founders from remaining in the U.S. The policy is forcing foreign-born startup founders with venture capital and employees out of the country, effectively sending thousands of high paying knowledge jobs overseas for no reason. 

However, the U.S. government is trying new ways to attract these foreign-born startups. They have come up with a new "Startup Visa" - a process through which establishing businesses in the U.S. will become more easier for foreign entrepreneurs. The visa will allow the entrepreneurs to keep their companies and their jobs in the U.S.

The New US Visa will be provided under certain conditions:

1. Entrepreneurs living outside the U.S. qualify for the visa if an American investor agrees to fund their entrepreneur ventures with a minimum investment of $100,000. Two years later, the startup must have created five new American jobs and either have raised more than $500,000 in financing or be generating more than $500,000 in yearly revenue.
2. Workers on H- 1B visas or graduates from the U.S. universities in science, technology, engineering, mathematics or computer science are eligible if they have an annual income of at least $30,000 or assets of at least $60,000 and have had an American investor commit investment of at least $20,000 in their ventures. After two years, the startup must have created three new American jobs and either have raised more than $100,000 in financing or be generating more than $100,000 in yearly revenue.
3. Foreign entrepreneurs whose business has generated at least $100,000 in sales from the U.S. After two years, the startup must have created three new American Jobs and either have raised more than $100,000 in financing or be generating more than $100,000 in yearly revenue.

Every job being created by such startups will contribute towards fulfilling the global competition for talent and investment in the U.S. This visa act will enable the foreign students and workers who are already in the U.S. to qualify for a US visa with a reasonable requirement, where they should have the potential with enough savings so as not to burden the American taxpayers and get a qualified investor or a government entity.

Yet, there is a huge risk involved with this visa. If their entrepreneurial venture fails or does not take a fly, they must start again or leave the U.S. These factors do not suit entrepreneurship, as entrepreneurship means risk taker with no guarantee of success or failure. However, the fact remains that the skilled immigrants create jobs and they have to do so if they want to remain in the U.S. This is future, what about the present? Presently, these entrepreneurs have no other option than taking their ideas home and give a competition to the U.S.

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Posted in: new us visa , US Embassy , us immigration , US Startup Visa , US Visa

Basic Requirements Needed for US Visa Application

It’s been a long time since I last updated this blog. I had a very busy schedule, sorry to keep you waiting guys. So, after giving you some basic tips in UK Immigration and US Immigration as well as the Canada Immigration now I am sharing you’re the Basic Requirements needed for US Visa Application:

1. DS-160 ONLINE NONIMMIGRANT VISA ELECTRONIC APPLICATION – All applicants must complete the DS-160 Online Nonimmigrant Visa Electronic Application. Applicants can access the DS-160 from the Consular Electronic Application Center website.

 

In order to avoid delays in processing visa applications, visa applicants or their representatives must ensure that the following information is correctly provided: Applicant’s Complete Name (required format is Surname, First Name(s), Middle Name), Applicant’s Passport Information (the passport used in filling out the form must be the same passport presented on the day of the interview), Other Names (for married female applicants, type your complete maiden name), Purpose of Trip (if the answer falls under “Other,” specify the purpose of travel in the blank provided), Primary Occupation (if the answer falls under “Other,” specify the occupation in the blank provided), Contact Person and Contact Address in the United States, Father’s Complete Name, and Mother’s Complete Maiden Name.

2.  PASSPORT – Signed passports must be valid for at least six months from the date of intended departure from the United States. The passport must be in good condition, i.e., photo lamination is undamaged, and all passport pages are intact.

Applicants must also present all previously issued passports or notarized affidavits of loss, if applicable.

Taiwanese passport holders who do not have Taiwan personal identification numbers listed above the date of birth on the biographic data page in their passports must present their original Philippine residency permit.

3.  PHOTO - One 2" x 2" standard photo.  The photo must be:

• In color
• Sized such that the head is between 1 inch and 1 3/8 inches (22 mm and 35 mm) or 50% and 69% of the image's total height from the bottom of the chin to the top of the head. View the Photo Composition Template for more size requirement details.
• Taken within the last 6 months to reflect your current appearance
• Taken in front of a plain white or off-white background
• Taken in full-face view directly facing the camera
• With a neutral facial expression and both eyes open
• Taken in clothing that you normally wear on a daily basis
• Uniforms should not be worn in your photo, except religious clothing that is worn daily.
• Do not wear a hat or head covering that obscures the hair or hairline, unless worn daily for a religious purpose. Your full face must be visible, and the head covering must not cast any shadows on your face.
• Headphones, wireless hands-free devices, or similar items are not acceptable in your photo.
• If you normally wear glasses (without tinted lenses), a hearing device, or similar articles, they may be worn in your photo.
• Dark glasses or glasses with tinted lenses are not acceptable.
• Glare on glasses is not acceptable in your photo. Glare can be avoided with a slight downward tilt of the glasses or by removing the glasses or by turning off the camera flash.

4. EXTENSION OF STAY/CHANGE OF STATUS – Please bring copies of U.S. Citizenship and Immigration Services (USCIS) approvals of extension of stay or change of status, if applicable.

5.  PROOF OF RELATIONSHIP (if applying with/for dependent/s)

• Original marriage certificate printed on Philippine National Statistics Office security paper, if applicable (if applying with a spouse and/or child)
• Original birth certificate printed on Philippine National Statistics Office security paper (for dependent/s)

(Source: http://manila.usembassy.gov/)

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Posted in: immigration and travel , immigration tips , US Embassy , us immigration , US Visa

Ten Interesting TipsTo Help You Understand Your Immigration Case

I have discussed before some tips for a successful US Immigration and Successful UK Immigration. I also share to you the Ten Commandments of Succesful Immigration. Now let me share to you some tips on how you can understand your Immigration case.

The following information has been culled from many sources and been the subject of our office meetings. Some of the 10 points which are covered may provide helpful tips to those applying for immigration benefits. Others may allow for understanding of how the process works by agencies administering benefits and enforcement. Overall we hope the article helps the reader.

• 1. Where the beneficiary is overseas in an I-130 marriage case, U.S.C.I.S. will not issue an RFE (Request for Further Evidence) to obtain a missing beneficiary signature on a Form G-325A biographic data sheet, but will adjudicate the I-130 form and the signature can be later collected at the consulate.
• 2. To expedite Form I-131 reentry permit biometrics and delivery of the permit, an applicant should mark the outer envelope of the form I-131 package "Expedite" and include two prepaid mailers for delivery of both the ASC (Application Support Center) appointment notice and travel document. If the applicant provides an e-mail address or fax number, the Nebraska Service Center will be able the fax the ASC appointment to the applicant and the ASC will be willing to accept the duplicate copy of the appointment notice.
• 3. Lawyers complained that because of the current I-140 form distinguishing between EB-3 (employment based third preference) professional and EB-3 skilled workers, several I-140 petitions have been denied because the box for "professional" was marked where the Nebraska Service Center found that the petition was not approvable as an EB-3 professional, but evidence submitted demonstrated that the petition was approvable under the skilled worker category. Nebraska stated that petitioners who notice the need for change prior to adjudication can e-mail directly to ncscfollowup.nsc@dhs.gov. It said that there was no need to phone prior to sending the e-mail communication.
• 4. Where the applicant does not have a Form I-94 entry/exit card and is applying for adjustment of status to permanent residence based on family relationship, he/she should submit Form I-102 Application for Replacement/ Initial Nonimmigrant Arrival-Departure Document with the I-485 Application to Register Permanent Residence or Adjust Status to the Chicago Lockbox of the NBC (National Benefits Center). The Lockbox currently separates the I-102 from the I-485 if there are separate checks for each form. If there is one check payment for both forms, the forms stay together in the applicant's "A" file.
• 5. Confusion has often appeared to be the order of the day where petitions or applications to U.S.C.I.S. are complex and thick, and attorneys and others have constantly asked for guidance from the agency on how to separate the different exhibits so that the petitions or applications are more readily understandable to the examiner. Of great concern has been the fact that the cashiers at U.S.C.I.S. Service Centers tend to snip off any tabs sticking out of the paperwork, whether the tabbing is done sideways or along the bottom of the papers. Following conversations with supervisors and line adjudicators at Service centers, the best current advice seems to be to separate the exhibits by plain sheets of paper, not colored, and mark clearly to what the documents or exhibits relate. If colored paper is used, it should be light-colored.

• 6. There is a recent directive from U.S.C.I.S. Field Operations that where an applicant paid for an I-485 Application to Register Permanent Residence or Adjust Status, the application was denied, an NTA (Notice To Appear) issued for the applicant to appear in the immigration court, and the case terminated by an immigration judge, the applicant will have to refile the I-485 application and pay the filing fee again.
• 7. On H-1B cap exemptions based on relation or affiliation with institutions of higher education - until it issues further guidance - U.S.C.I.S. will give deference to prior determinations made since June 6, 2006, that a nonprofit entity is related to or affiliated with an institution of higher education absent any significant change in circumstances or clear error in the prior adjudication. A petitioner should provide U.S.C.I.S. with a copy of the prior I-129 form and attachments, I-797 approval notice, any documentation submitted in support of the cap exemption, and include a statement attesting that the organization was approved as cap exempt since June 6, 2006.
• 8. U.S.C.I.S. has come out with a proposed rule for a new H-1B employer registration system with 60 days comment beginning March 3, 2011. The rule is not targeted for this year's H-1B cap allotment since the 60 day period will end on May 2, well past the beginning date of April 1, 2011, for the initial acceptance of cap subject H-1B petitions. Briefly registration will be free, companies can register applicants as many times as they want and CIS (Citizenship and Immigration Services) will accept the first valid registration and reject any subsequent duplicative requests. Employers will file electronically with U.S.C.I.S. during the registration period beginning no later than March for a minimum period of two weeks and include basic information such as the employer's name, EIN, mailing address, authorized representative's name, job title, contact information (telephone and e-mail address), beneficiary's full name, date and country of birth, citizenship, gender, passport number, and any other information required by U.S.C.I.S.
• 9. A Guangzhou American consulate initial rejection notice for a cook case was interesting in asking for among other items the cook's official blue license/certificate; and a VHS videotape or VCD/DVD showing the cook preparing and cooking from start to finish, Cantonese/Sichuan,/Beijing/Japanese/Western/dishes (whichever applicable) including at least ___ fish dish and ___ vegetable dish. It also stated that the video tape or VCD/DVD should not have any cuts or edits, show the cook's face and hands at all times, and include chopping, ingredients and final presentation.
• 10. The illegal practice of having one's passport marked with official looking stamps of another country showing entry/exit to either "prove" that a person spent more time or less time outside the United States is no longer as effective as in the past due to new tools by CBP (Customs and Border Protection). People on visiting visas who have spent much time in the States are tempted to show that most of their time has been spent in their homeland, and those who hold U.S. permanent residence who have spent much time in their homelands are tempted to show more U.S. physical presence. That is because visitors spending too much time in the States may be thought of as non-bonafide visitors, and permanent residents spending too much time outside the U.S. may be in danger of losing their green cards for not keeping up their residence in the States. Making up your own "backdate" stamps when you return home does not usually now work according to a recent newspaper article focusing on people from the Philippines who tried to backdate arrival dates and were caught by CBP. Proof of travel in and out the United States is now available through various databases. The article cited U.S. VISIT which monitors entries and exits and stores biometric/ biographic information; that carriers are required to furnish manifests of arriving/departing passengers to CBP; and that APIS (Advance Passenger Information System) is a web site interface by carriers to provide advance electronic information to CBP.

Many of the points presented above are technical, but being aware of one or two of them may save an applicant or petitioner time and headache in dealing with the agencies involved in immigration benefits or enforcement. Readers should keep in mind, however, that procedures and policies in the field of immigration are constantly changing and that today's good information is more than occasionally superseded by tomorrow's developments.

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Posted in: immigration case , immigration tips , Travel Tips , UK Border Agency , us immigration

Top Ten US Immigration Tips for Avoiding Trouble

Most of us really want to visit US, But sadt to say it is not that easy for your US Visa to be approved . Here's the thing, keep your status secure and your visa and green card applications moving along smoothly by following these immigration tips.

1. Plan for delays. If you are in the United States and your work permit or status needs to be renewed, realize that U.S. Citizenship and Immigration Services (USCIS, formerly called the INS) is extremely backed up. Cope by turning in your application far in advance. This is particularly important if your legal status has an expiration date on it. If you fall out of status, the immigration authorities could arrest you.

2. Consider U.S. citizenship. If you have a green card, file for U.S. citizenship as soon as legally possible. This will not only protect you from removal (deportation), but will also help you get a more secure status for your close family members. Most people have to wait five years after their green card approval before applying, but a few people can apply sooner. 

3. Avoid summary removal. When arriving in the U.S. from overseas, be ready to convince the border official that you deserve your entry visa. These officials have a lot of power, and they can send you back if they think you are a security risk or that you lied in order to get the visa. Tourists should be careful not to pack anything that looks like they're planning a permanent stay, such as a résumé or a wedding dress.

4. Notify USCIS of address changes. If you're spending more than 30 days in the United States, you must notify USCIS of your changes of address, within ten days of moving. You and every member of your family must send separate notifications. You can do so either by mailing in Form AR-11 (available on the USCIS website) or, better yet, by using USCIS's online change of address service. Also, be sure to send written word of your new address to every USCIS office that's handling an application of yours -- otherwise, the office might not hear of the change.

5. File multiple visa petitions. If you plan to get a green card through a family member, see if more than one member of your family is eligible to submit the visa petition for you. For example, a brother and a sister who are U.S. citizens could both file for you, as could a U.S. citizen spouse or parent. That way, if the waiting list in one category gets especially long or if one person dies, you'll have another option in the works already.
   
   
   

6. Don't be late. Be extremely careful to arrive on time for any scheduled appointment with the USCIS, a U.S. embassy or consulate, or the U.S. immigration court. Arriving late -- or not at all -- can result in months of delays at best and removal from the United States (deportation) at worst.

7. Avoid visa violations. Make sure you understand the fine print surrounding your visa, work permit, or green card, and follow the rules carefully. Violating even minor terms of your visa or green card -- for example, working while you're here as a tourist or helping to smuggle a family member over the border -- can result in your visa being canceled or you being deported. 

8. Copy and track paperwork. USCIS is famous for losing paperwork. Send all applications and other material by certified mail, with a return receipt, and keep a copy. They're not only your proof of filing, but may become the main copies used by USCIS if the original file is never found.

9. Do your research. Be careful who you accept advice from. Rumors and friends can't be relied on -- everyone's legal situation is different. Even USCIS employees sometimes give out wrong advice, for which you pay the consequences. Do your own research where possible and, if necessary, take your unanswered questions to an immigration attorney or accredited representative whose reputation you've checked out.

10. Get help from above. If nothing else is working, contact your U.S. congressperson. They can usually make an inquiry for you, which often encourages the USCIS or consulate into taking appropriate action.

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Posted in: green card , immigration tips , US Embassy , us immigration