Visa Lawyer Blog

Articles Posted in Global Immigration

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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.

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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.

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U.S. Citizenship and Immigration Services (USCIS) today announced information on the number of filings for H-1B petitions for the fiscal year 2010 program.

USCIS has received approximately 45,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap. Additionally, the agency has received approximately 20,000 petitions for aliens with advanced degrees; however, they continue to accept advanced degree petitions since experience has shown that not all petitions received are approvable. Congress mandated that the first 20,000 of these types of petitions are exempt from any fiscal year cap on available H-1B visas.

At this rate, there will be H-1Bs available until sometime in August. Today there are 20,000 H-1B slots that are up for grabs. Last year, employers submitted so many H-1B petitions that an individual’s chance of obtaining H-1B status was only about 40%. The same thing could happen next year leaving many students with no visas.

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Recently, the Department of State released revisions to Section 40.11 N14.3 of the Foreign Affairs Manual regarding procedures for Nonimmigrant Visa (NIV) HIV Waiver Authorization. DOS released a checklist for individuals applying for a Non Immigrant HIV Waiver. The checklist is used in DOS’ new streamlined NIV waiver process, which allows individuals to certify to the list of conditions for obtaining the waiver as opposed to having to bring independent evidence to the consulate. Click here for checklist Download file

We welcome the changes and hope that this will improve America’s Image in the world, encouraging more visitors to come.

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It’s almost 11pm here in Chambery, France and as I am posting this comment. I have taken a two weeks trip to visit Europe for vacation and a brief visit with some clients. As the immigration debate heats up in the US, it is very interesting to see how the Europeans see the changes in our immigration systems. I have included a few comments collected from various sources here in Europe. I have also included some information about immigration law in Europe and other countries and what concerns the Europeans have with their immigration systems.

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