I am in the process of reviewing the proposed changes to the H2B Visa program. Upon initial review, there are good and bad news. Here is a brief summary of the Changes, stay tuned more to come.
U.S. Citizenship and Immigration Services (USCIS) announced that it has submitted to the Federal Register a Final Rule that will change the requirements affecting H-2B beneficiaries and their employers.
Key areas of changes covered in the Final Rule include:
We have been reporting about the changes to the H2A Visa program in the past few weeks. One of the issues discussed is limiting the participation in the program to certain countries only.
Under the final rule, the Department of Homeland Security (DHS) will only approve petitions for H-2A nonimmigrant status for nationals of countries designated by means of the list or by means of the special procedure allowing petitioners to request approval for particular beneficiaries if the Secretary of Homeland Security determines that it is in the U.S. interest. Pursuant to the final rule, the notice designates those countries the Secretary of Homeland Security, with the concurrence of the Secretary of State, has found to be eligible to participate in the H-2A program.
According to the rule nationals from the following countries are eligible to participate in the H-2A visa program: Argentina; Australia; Belize; Brazil; Bulgaria; Canada; Chile; Costa Rica; Dominican Republic; El Salvador; Guatemala; Honduras; Indonesia; Israel; Jamaica; Japan; Mexico; Moldova; New Zealand; Peru; Philippines; Poland; Romania; South Africa; South Korea; Turkey; Ukraine; United Kingdom.
Immigration law is important and that is all that we cover most of the time. But our immigrant readers, may be facing other legal challenges from time to time. So we rely on our lawyer friends from across the country, to provide guest articles and reports. This week we are proud to feature Attorney Charles Ward’s Family Law expertise. Charles is an experienced Family lawyer that often assists me with Family Immigration matters. I am grateful for his contribution to the Blog.
Although no one enters into a marriage expecting it to end, about 50 percent of all married couples in California eventually separate. With a prenup you can protect yourself in the event of a dissolution of marriage (divorce).
The prenuptial agreement is a legal device designed to remove some of the concerns and liabilities foisted upon a married couple. A properly crafted prenup can solve disagreements before they happen, whether involving personal business involvement, individually held real estate and property, credit hangups and debt, the disposition of finances, or any monetary arrangements left over from life before marriage. It’s also a useful tool for post-marriage arrangements. Support payments, income arrangements and property rights can all be sorted out in advance, to the satisfaction of both parties.
As the year comes to an end, we wanted to update our local readers about the upcoming Oath ceremonies for 2009. This may be useful to people that are in the process of applying for Citizenship and may need to plan ahead.
FINAL HEARING DATES FOR GOLDEN HALL FOR 2009
1/20/09 New Americans Museum N-600 ceremony for children 18 and under
1/28/09 Children’s Primary School, sponsor, Golden Hall
2/18/09 San Diego DAR
3/18/09 American Legion, Sponsor, Golden Hall
4/22/09 Golden Hall
5/20/09 Golden Hall
5/21/09 Memorial Day all-military ceremony aboard USS MIDWAY MUSEUM,
6/17/09 Golden Hall
7//02/09 Independence Day all-military ceremony at the Cabrillo National Monument
7/22/09 La Jolla DAR/CAR, sponsor, Golden Hall
8/19/09 Golden Hall
9/17/09 Citizenship Day/Constitution Week all-military ceremony at Camp Pendleton
9/23/09 Golden Hall
10/21/09 Golden Hall
11/10/09 Veterans Day all-military ceremony aboard the USS MIDWAY Museum,
11/18/09 Golden Hall
12/16/09 Golden Hall
2009 Chula Vista Final Hearing Schedule
All dates at 8:00 a.m., 9:00 a.m., 10:00 a.m. and 11:00 a.m. at Chula Vista Field Office
January 28
February 25
March 25
April 29
May 27
June 24
July 29
August 26
September 30
October 28
November 18
December 16
The U.S. Department of Homeland Security, Citizenship and Immigration Services (“CIS”) announced that it has submitted to the Federal Register an Interim Final Rule that will streamline the Employment Eligibility Verification (Form I-9) process.
The Interim Final Rule narrows the list of acceptable identity documents and further specifies that expired documents are not considered acceptable forms of identification. An expansive document list makes it more difficult for employers to verify valid and acceptable forms and to single out false documents compromising the effectiveness and security of the Form I-9 process. The changes included in the Interim Final Rule will significantly improve the security of the employment eligibility verification process.
The Rule eliminates Forms I-688, I-688A, and I-688B (Temporary Resident Card and older versions of the Employment Authorization Card/Document) from List A. CIS no longer issues these cards, and those that were in circulation have expired. The Rule also adds to List A of the Form I-9 foreign passports containing specially-marked machine-readable visas and documentation for certain citizens of the Federated States of Micronesia (“FSM”) and the Republic of the Marshall Islands (“RMI”). The Rule makes other, technical changes to update the list of acceptable documents. The revised Form I-9 includes additional changes, such as revisions to the employee attestation section, and the addition of the new U.S. Passport Card to List A.
We previously reported about the much needed changes to the H2A Visa Program announced last week. U.S. Citizenship and Immigration Services announced several reforms in the H-2A visa system, which allows farmers to hire foreigners for field work that Americans are unwilling to do.
Click here to download the Press release with the Changes Download file
According to the AZ Starnet, “For every farmworker, there are three to 3.5 jobs created in related industries such as chemicals, trucking, refrigeration, fertilizer, packaging . . . a lot of different operations,” Tom Nassif, president and CEO of Western Growers, said last year. He said his agricultural trade organization represents 3,000 members who grow roughly half the produce in the United States.
U.S. Border Patrol announced that they discovered an incomplete tunnel that originates in Tijuana, Mexico and stretches about 10 feet into San Diego. Several Taxi Drivers that cross in the area reported suspicious activity in that area.
Border Patrol spokesman Julius Alatorre says an agency contractor discovered the tunnel when a driver crushed into a soft spot in the pavement. A hammer and chisel — believed to be abandoned long ago — were found inside. Dozens of secret tunnels have been found along the U.S.-Mexico in recent years, many of them incomplete. Sources confirm they are designed to smuggle drugs or people.
The nursing shortage in the United States is becoming increasingly problematic and may adversely affect the health care industry. According to a U.S. Department of Health and Human Services (HHS) 2007 study, the United States will require 1.2 million new Registered Nurses (RNs) by 2014 to meet the nursing demand: approximately 500,000 RNs to replace nurses leaving the field, and “an additional 700,000 to meet growing demand for nursing services.”
In meetings with nursing organizations and stakeholders, the Citizenship and Immigration Services (CIS) Ombudsman heard concerns about the time it takes for a foreign nurse to be admitted to the United States to work. We link t a recent USCIS memo that addresses some of the current problems with Nurse Immigration and possible solutions for the new future.
The linked report, while specifically providing recommendations for improving the processing of Schedule A nurse cases, should also be required reading for all persons active in the field of recruiting foreign nurses to the United States.
A December 11, 2008 USCIS Update announces that the agency has finalized changes to H-2A regulations. This final rule will facilitate the H-2A process for employers by removing certain limitations.
U.S. employers may file an H-2A petition with USCIS if they have a shortage of available U.S. workers to fill temporary or seasonal agricultural jobs. Once the petition is approved, the employers can hire foreign workers to fill those jobs for a limited period of time. There is no cap limitation on H2A visas unlike the sister program H2B.
Key areas of reform addressed in the final rule include:
According to the SF Chronicle with unemployment rising, foreign workers are less welcome, say immigration restrictionists, who have vowed to oppose offering legal status to the nation’s estimated 12 million undocumented immigrants.
Until a comprehensive bill is introduced in Congress, Obama’s pick to head the Department of Homeland Security, Arizona Gov. Janet Napolitano, will play a key role in refocusing the way the government handles immigration.
Problems in the legal immigration system have festered for years. The agency granting permanent legal residence (the green card is the token) and citizenship has long been plagued by epic backlogs and dysfunctional computer networks. Major policy debates over appropriate levels of immigration and whether to prioritize family ties or economic contributions – and high- or low-skilled workers – remain unresolved after “comprehensive” immigration bills died in Congress in 2006 and 2007.
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