Articles Posted in Global Immigration

Australian Immigration Minister Chris Evans announced recently a new agreement between Australia and New Zealand to improve identity checks and border security. Australia and New Zealand recently signed a memorandum of understanding [MoU] to share biometric data, an agreement that will further strengthen our nations’ border security. Biometrics is widely used in the international community as an effective tool to manage visa and immigration processes, improve identity management and combat fraud.

At the Five Countries Conference (FCC) in London a memorandum of understanding was signed between Australia and New Zealand. The Conference enables Five data sharing Countries to exchange information and agree a way forward to improve border security. FCC data-sharing helps to establish the true identity of people whose identities or nationalities were previously unknown or uncertain, and has been used in Australia to check the identities of irregular maritime arrivals, other people in immigration detention and illegal foreign fishers. Since 2006, more than 100 000 fingerprint records have been exchanged, helping Australia and FCC partner countries to establish the true identities and immigration histories of people whose identities were unknown or uncertain. Collection and sharing of biometric data is a proven tool in the fight against identity fraud and can prevent unlawful entrants’ efforts to thwart Australia’s border and visa processes.

Canadian Immigration Minister Kenney said that Canadian citizenship is more than a legal status, more than a passport. We expect citizens to have an ongoing commitment, connection and loyalty to Canada while introducing a new changes in Canadian Immigrant norms. The main motive behind these changes to prevent citizenship fraud. As promised in the Speech from the Throne, these amendments will streamline the process to take citizenship away from those who have acquired it by fraud, including by concealment of their war crimes. And it would take decision-making away from politicians and give it to the courts.

The proposals in the Strengthening the Value of Canadian Citizenship Act are as follows:

– There are likely to be tough new regulations covering citizenship consultants and tougher measures taken against those who gain Canadian Citizenship fraudulently. This follows on from proposed amendments to the Immigration and Refugee Protection Act relating to immigration consultants – The Cracking Down on Crooked Consultants Act.

Today is the first day that employers may file H1B petitions for FY 2011. We certainly released our cases on time yesterday, and are still open to new cases as long as the H1B cap will remain open.

Under current law, an alien can be in H-1B status for a maximum period of six years at a time. After that time an alien must remain outside the United States for one year before another H-1B petition can be approved. Certain aliens working on Defense Department projects may remain in H-1B status for 10 years. In addition, certain aliens may obtain an extension of H-1B status beyond the 6-year maximum period.

The current law limits the cap of H1Bs to 65,000 as the number of aliens who may be issued an H1B visa or otherwise provided H-1B status. In addition, all H-1B non-immigrants who work at (but not necessarily for) universities and non-profit research facilities are excluded from the numerical cap. This means that contractors working at, but not directly employed by the institution may be exempt from the cap.

When faced with trying to have a U.S. citizen, legal permanent resident, or nonimmigrant visa holder perform services in Mexico, it is critical to analyze the following issues first:

· Does the company have any operating entities in Mexico?

If so, some Mexican consulates will indicate that FM-3 visa applications should be made through Instituto Nacional de Migracion (INM).

The Government of India has stated that educational cooperation is an “important facet” of Indo-UK ties. They will be in contact with the British High Commission to “better understand the reasons” for the temporary freeze on UK student visa applications by those based in Northern India.

The Indian Government is trying to help genuine students planning to study in the UK who have been affected by the temporary ban on student visa applications made at UK Visa application centers in New Delhi, Chandigarh and Jalandhar from 1 February 2010. An Indian official said, “Student exchanges form a vital component of this cooperation. We would remain in touch with the BHC (British High Commission) on this matter.”

The Ministry of External Affairs has been in touch with the British High Commission on this matter to better understand the reasons behind this decision and also to ensure that genuine Indian students planning to go to the UK for studies are not adversely impacted. It is also interesting to note that the UK Border Agency is investigating a number of UK education providers. This week approximately 60 education providers in the UK were suspended from the sponsors’ register.

Australian immigration will soon start implementation of biometric checks for Australian visa applications in ten Countries. $69 million Australian dollars will be invested over four years. The Australian Government had the following to say about the new Australian visa biometric requirements.

* If you apply for an Australian visa in any of the ten Countries you will need to also submit your fingerprints and facial images This biometric data is unique to a particular individual and will enable the Australian Government to confirm the true identity of visa applicants.

* Checks will be made in databases for known terrorists and criminals and other people of concern.

Mexico’s National Migration Institute published its Manual of Criteria and Migration Procedures. The Manual will be enforced as of 5/1/10 throughout the 32 delegations of the National Migration Institute in Mexico. Courtesy of AILA member Enrique Arellano.

The intention of the National Migration Institute is to clarify, streamline and simplify

processing requirements for each immigration category. Applications currently being

As security at International airports tightens, we remind our readers about ESTA. On the one-year anniversary of implementing the Electronic System for Travel Authorization, the Department of Homeland Security’s U.S. Customs and Border Protection reminds U.S.-bound travelers from Visa Waiver Program countries of the ESTA requirement. Beginning January 20, CBP will initiate a 60-day transition to enforced ESTA compliance for air carriers; VWP travelers without an

approved ESTA may not be allowed to board a U.S.-bound plane.

ESTA is an electronic travel authorization that all citizens of VWP countries must obtain prior to boarding a carrier to travel by air or sea to the United States under the VWP. ESTA has been mandatory since Jan. 12, 2009 for all nationals of VWP countries traveling to the U.S under the VWP.

DOS published a notice of the determination that the Abu Nidal Organization Movement (ANO) and Palestinian Liberation Front–Abu Abbas Faction (PLF) and all designated aliases will maintain designations as foreign terrorist organizations.

Abu Nidal is a terrorist organization widely known for deadly attacks in the 1980s on Western, Palestinian, and Israeli targets. They were attempting to derail diplomatic relations between the Palestinian Liberation Organization (PLO) and the West, while advocating for the destruction of Israel. The organization was named for a former member of the PLO who split off in a dispute over establishing diplomatic ties with Israel. Abu Nidal has been on the U.S. list of terrorist organizations for more than twenty years.

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The H-2B visa program is vital to America’s small businesses and thus to America’s economic recovery. The H-2B program is capped at 66,000 visas per year. This is the same arbitrary number set by Congress in 1990. The visa allotment is split equally between the winter and summer seasons. Small business owners rely on the H-2B program because it is the only way they can legally hire workers for temporary and seasonal positions when they cannot find Americans to hire.

Small and seasonal businesses hire American workers and they do hire every qualified

American who applies for a seasonal or temporary short-term position. Nevertheless, even in this economy, positions remain unfilled, leaving these businesses desperately in need of workers. This is not surprising since these jobs typically involve low-skilled and semi-skilled labor, involve work at remote locations, and are only short-term in duration.