Visa Lawyer Blog

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U.S. Department of Homeland Security Secretary Janet Napolitano today traveled to Laredo, Texas to announce more than $47 million in fiscal year 2010 Operation Stonegarden grants for the Southwest border states. She also met with law enforcement leaders to discuss the Department’s efforts to support state, local and tribal law enforcement in protecting communities from cross-border threats. She said, “Over the past year and a half, this Administration has pursued a new border security strategy with an unprecedented sense of urgency, making historic investments in personnel, technology and infrastructure while combating transnational criminal organizations that smuggle weapons, cash and people across our shared border with Mexico.” She said that Operation Stonegarden is one part of our overall strategy to provide state, local and tribal law enforcement on the frontlines the resources they need to confront the complex and dynamic challenges that exist along our borders.

The fiscal year 2010 Operation Stonegarden grants—totaling $60 million nationally—support 15 border states and the Territory of Puerto Rico to enhance the capabilities of federal, state, local and tribal law enforcement agencies to secure U.S. borders and territories. Funds were allocated using CBP’s sector-specific border risk methodology based on threat, vulnerability, miles of border and border-specific law enforcement intelligence. Nearly 80 percent of the fiscal year 2010 funding will go to Arizona, California, New Mexico and Texas—up from 59 percent in 2008. Operation Stonegarden grants can be used to support law enforcement personnel, overtime, and other related costs to increase operational readiness.

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A great update from AILA to our anxious EB3 applicants and blog readers. Many I-140 denials came out of the Service Centers in the past few months. These denials resulted when applicants failed to properly distinguish the required qualifications between professionals and skilled workers on the new Form I-140 which was introduced on January 6, 2010.

Prior versions of Form I-140 had only one box to check for bachelor degreed professionals and skilled workers, and did not make a distinction between the two classifications. Similarly, there is no distinction in the availability of visas as both are classified in the employment-based, third preference category. Thus, the differences between the professional with a Bachelor’s degree and a skilled worker were without a distinction prior to the introduction of the new form earlier this year.

However, this new form does require the petitioner to distinguish between a professional with a Bachelor’s degree and a skilled worker. The definition of professional is set forth in the regulations at 8CFR 204.5(l)(2), which states:

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The U.S. Department of Labor launched an online registry allowing the public to retrieve information about temporary agricultural jobs that fall under the H-2A program. The new tool was developed in compliance with regulations implemented by the department on March 15.

The H-2A job registry provides a single, easily searched point of entry for the public to retrieve information about agricultural jobs filed under the H-2A program. It offers a range of customizable searches and gives users the ability to view, print or download information about agricultural jobs easily and without the need to file a request under the Freedom of Information Act. The tool will display all active agricultural jobs until 50 percent of the period of employment has elapsed, and it will offer an archive of certified agricultural jobs for up to five years.

The Labor Department estimates that more than 700 H-2A applications — for more than 13,000 workers — have been received since March 15. As this system goes live today, nearly 450 active H-2A job orders become available to the public.

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Temporary Protected Status and Expired Employment Authorization Documents

One must accept a Temporary Protected Status (TPS) beneficiary’s expired Employment Authorization Document (EAD) if DHS has automatically extended its validity in a Federal Register notice. Automatically extended EADs are listed on the USCIS web site. EADs issued to TPS beneficiaries will include one of two category codes: “A-12” or “C-19.” You must not require an employee to provide proof that he or she is a national of a country that has been designated for TPS.

When creating a new case in E-Verify for newly hired TPS beneficiaries, select “Employment Authorization Document (Form I-766)” as the document presented and use the date to which the EAD was automatically extended as the expiration date. We recommend that you read the TPS information on the USCIS web site carefully, as the EAD automatic extension is usually shorter than the TPS extension date.

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In response to the query for slow down of iCert portal until July 1, 2010, OFLC has informed that they are aware about the same and working on it. Finally the iCert Portal was up and ready to work since July 2, 2010.

We like to take this opportunity to intimate our readers that July 1, 2010 onwards the OES wage survey is using the revised data. Now, one has to mention year 2010 instead of 2009 as the wage source. Your LCA will not be approved if correct source is not mentioned.

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I am writing this Blog entry from my conference of the American Immigration Lawyers Association in Washington DC. In this past few days Immigration lawyers from across the nation gathered here in DC to share ideas and discuss our Immigration laws and policy. On Thursday not so far from our conference, the President (maybe he planned it), discussed Immigration reform for the first time in months.

President Obama stepped back into the political minefield of immigration policy Thursday, arguing for big changes in what he called a “broken” immigration system. But he warned that no such changes are possible without some Republican support.

From months now, Latino activists have been pushing the president to make good on his promise to overhaul the nation’s immigration system. Thursday, in a speech at American University here in DC, Mr. Obama took up the challenge.

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This memorandum outlines the civil immigration enforcement priorities of U.S. Immigration and Customs Enforcement (ICE) as they relate to the apprehension, detention, and removal of aliens. These priorities shall apply across all ICE programs and shall inform enforcement activity, detention decisions, budget requests and execution, and strategic planning.

A. Priorities for the apprehension, detention, and removal of aliens
In addition to our important criminal investigative responsibilities, ICE is charged with enforcing the nation’s civil immigration laws. This is a critical mission and one with direct significance for our national security, public safety, and the integrity of our border and immigration controls. ICE, however, only has resources to remove approximately 400,000 aliens per year, less than 4 percent of the estimated illegal alien population in the United States. In light of the large number of administrative violations the agency is charged with addressing and the limited enforcement resources the agency has available, ICE must prioritize the use of its enforcement personnel, detention space, and removal resources to ensure that the removals the agency does conduct promote the agency’s highest enforcement priorities, namely national security, public safety, and border security.

Priority 1. Aliens who pose a danger to national security or a risk to public safety
The removal of aliens who pose a danger to national security or a risk to public safety shall be ICE’s highest immigration enforcement priority. These aliens include, but not limited to:
• aliens engaged in or suspected of terrorism or espionage, or who otherwise pose a danger to national security; • aliens convicted of crimes, with a particular emphasis on violent criminals, felons, and repeat offenders; • aliens not younger than 16 years of age who participated in organized criminal gangs; • aliens subject to outstanding criminal warrants; and • aliens who otherwise pose a serious risk to public safety.

Priority 2. Recent illegal entrants
In order to maintain control at the border and at ports of entry, and to avoid a return to the prior practice commonly and historically referred to as “catch and release,” the removal of aliens who have recently violated immigration controls at the border, at ports of entry, or through the knowing abuse of the visa and visa waiver programs shall be a priority.

Priority 3. Aliens who are fugitives or otherwise obstruct immigration controls
In order to ensure the integrity of the removal and immigration adjudication processes, the removal of aliens who are subject to a final order of removal and abscond, fail to depart, or intentionally obstruct immigration controls, shall be a priority.

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