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

Canada Immigration Opportunities for Biologists and Related Scientists

Canada has a large demand for biologists and other scientists; Those looking to emigrate can apply under the Canada immigration Federal Skilled Worker program. This skilled immigration program is for people in a range of different occupations including for biologists, zoologists, pharmacologists, and geneticists. If you have skills in occupations listed on the Priority Occupation List under the Canadian skilled worker visa category you will not need sponsorship by an employer.

Canada Immigration uses a Priority Occupation List which is a list of occupations deemed in demand by the Canadian Government; There is an ongoing national skills shortage in a number of areas. Skilled workers are people who are selected as permanent residents based on their points score and ability to become economically established in Canada.

Skilled workers who meet the visa program's requirements which includes the requirement that you have at least one year of continuous full-time or equivalent part-time paid work experience within the last ten years can apply for a visa under the Federal Skilled Worker program. Applicants also need to pass the official language proficiency test in order to apply.

If your occupation is listed on the Priority Occupation List, you are eligible for skilled migration to Canada without needing to have a job offer from a Canadian employer. In addition, processing times are quite quick; You may be able to gain entry to Canada within months of beginning the application process.

Here is a list of Biologist and some similar priority occupations that are in demand in Canada. If you come under one of these occupations and gain enough points under the skilled worker visa category you should be able to emigrate to Canada.

• Biologist
• Botanist
• Geneticist
• Marine biologist
• Pharmacologist
• Toxicologist
• Zoologist

In order to qualify, applicants must have a bachelor's degree in biology or in a related discipline. A master's or doctoral degree in biology or a related discipline is required for employment as a research scientist in biology. Post-doctoral research experience is usually required before employment in academic departments or research institutions.

Once your application is submitted to Canadian Immigration and Citizenship, it will be processed according to the six selection factors in the skilled worker points grid, which are:

• your education
• your abilities in English and/or French
• your work experience
• your age
• whether you have arranged employment in Canada, and
• your adaptability

There are many ways to immigrate to Canada. If you don't meet the criteria to apply under the Federal Skilled Worker Program, you may qualify under another category.

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Posted in: canada embassy , canada immigration , Canada Visa , Canadian skilled worker visa , immigration in canada

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

US Work and Family Visas Changes in Limits

The bill that ends employment-based visas caps and changes family-based visas caps per country has been passed by the House on November 29, 2011. The legislation, which passed 389-15, would eliminate the limit for worker-based immigration visas per country set by the current law. The number of worker-based visas is no longer required to be no more than 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.

As Rep. Jason Chaffetz, R-Utah indicated, the bill would encourage high-skilled immigrants who were educated in the U.S. to stay and contribute to the U.S. economy rather than work in other countries using skills they learned from the U.S. There are currently about 140,000 green cards issued a year to immigrants working in the U.S. with degrees from U.S. universities.

It is said that skilled workers seeking to stay in the U.S. from India and China, two large countries that account for more than 40 percent of the world's population, and high-tech companies would benefit from the change. Also under the approved legislation, the family-based visa limits would increase from 7 percent to 15 percent per country. The change could slightly ease the backlog for naturalized citizens, particularly from Mexico and the Philippines, trying to bring relatives into the U.S.

"This will significantly shorten the wait for the people in the family queues," stated Tamar Jacoby, president of ImmigrationWorks USA, a national federation of small business owners working for changes in immigration laws.

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Posted in: US Embassy , us family visa , US Visa , US work 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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