BARTEN LAW OFFICE,
P.C.
SEPTEMBER 2006
HOT TIPS NEWSLETTER
IN THIS
NEWSLETTER
I. HOT TIPS
FOR COMPANIES
A. H-1B
Advanced Degree Cap Met July 26, 2006
B.
Clarification of H-2B Filing Procedures for Fiscal Years 2006 and 2007
July 28, 2006
C. I-9 Pilot
Program to Confirm New Hires Available in all Fifty States
D. I-140
Premium Processing Update
E. 45-Day
Letter Deadlines for Filing Motion to Reopen
F. Medical
Employers - Cuban Medical Professionals May Apply for Entry to the US
II. HOT TIPS
FOR INDIVIDUALS
A. Spotlight
on Naturalization to US Citizenship – Waiver of the English
Requirement
B. Temporary
Employment Authorization Documents No Longer Available Locally
C. New USCIS
Email Address for US Parents Adopting Children from Abroad
D. El
Salvadorans Needed to Reregister for Temporary Protected Status by
September 12, 2006
E. Liberia
Temporary Protected Status Terminates as Of October 1, 2007
F. Somalis
Temporary Protected Status Automatically Extended, Re-register by March
17, 2007
G. Burundi
Need to Re-register for TPS by November 2, 2007
H. Diversity
Lottery Results and Procedures for Applying Next Year
III. HOT TIPS
ABOUT LEGISLATION
The House
Republicans Push for 10 Enforcement Only Bills Before the November
Elections
Contacting
Senators to Push for Real Immigration Reform
Sample
Corporate Letter Requesting Relief from H-1B Blackout
HOT TIPS FOR
EMPLOYERS
A. H-1B
Advanced Degree Cap Met July 26, 2006
The H-1B
program allows employers to hire foreign
born employees for an initial period of three years, which may be
extended for an additional three years. The program does NOT require
extraordinary recruitment efforts of US citizens. The H-1B visa program
is utilized by some U.S. businesses and other organizations to employ
foreign workers in specialty occupations that require theoretical or
technical expertise in a specialized field. Typical H-1B occupations
include architects, engineers, computer programmers, accountants,
teachers, and college professors.
U.S.
Citizenship and Immigration Services (USCIS)
announced that it has received enough H-1B petitions requesting
“foreign workers who have earned a master’s degree
or higher from a
U.S. institution of higher education” to meet the exemption
limit of
20,000 established by Congress for fiscal year (FY) 2007 with a start
date of October 1, 2006. This means there was less than a 4 month
window of opportunity to apply. Foreign born persons already in the US
with another employer on H-1B status are not subject to the 20,000
limit and may transfer at any time to a new company upon filing of a
new H-1B petition by the new US employer. Any companies who wish to
hire foreign employees who have never before been in H-1B status and
have a US master’s degree may apply for an October 1, 2007
start date
after March 31, 2007.
B.
Clarification of H-2B Filing Procedures for Fiscal Years 2006 and 2007
July 28, 2006
The H-2B visa
category allows U.S. employers in
industries with peak load, seasonal or intermittent needs to augment
their existing labor force with temporary workers. The program requires
the employer to undergo and document recruitment of US workers before
applying. Typically, H-2B workers fill labor needs in occupational
areas such as construction, health care, landscaping, lumber,
manufacturing, food service/processing, and resort/hospitality services
for positions that last 10 months or less due to the temporary nature
of the work performed. Congress provides for 66,000 visas a year for
this category; 33,000 for jobs with a start date beginning on or after
October 1 and 33,000 for start dates beginning on or after April 1.
From 2002 to 2005 the “returning worker” provision
of the SOS Act of
2005 made it so only first time hires were counted against the 66,000
limit. That is set to expire October 1, 2006 so that any position with
a start date after would be counted towards the 66,000 limit. We are
hoping that Congress extends the program again. As of September 12,
2006, the amount of applications on file for a start date before April
1, 2007 was at 21,008.
C. I-9 Pilot
Program to Confirm New Hires Available in all Fifty States
The Social
Security Administration has implemented a
voluntary pilot program to confirm new hires in all fifty states. Over
10,000 employers have signed up thus far. Some companies were already
receiving social security number mismatch letters. This essentially
streamlines that social security mismatch letter process by providing
the company with information that the new hire does not match records
earlier in the process. Barten Law Office, P.C. is not providing advice
on whether it is beneficial to register, only that it is available. To
register your company online: https://www.vis-dhs.com/EmployerRegistration.
D. I-140
Premium Processing Update
One of the
most widely used methods to obtain
permanent immigration (aka a green card) is through employment. There
are five classifications for employment-based immigration; (1) EB- 1
Priority Workers (2) EB-2 Professionals with advanced degrees or
persons with exceptional ability (3) EB-3 Skilled or professional
workers (4) EB-4 Special Immigrants EB-5 Immigrant Investors. The EB-1
category is a two-step process. It does not require recruitment by a US
employer, but requires filing of the I-140 petition and either
adjustment of status or consular processing. The EB-2 and EB-3
categories require three steps with the first being recruitment of US
workers by a petitioning employer. The recruitment is not needed if a
national interest waiver is granted. The second step is filing of the
I-140 petition and like the EB-1 category then either filing adjustment
of status or consular processing.
Starting
September 25, 2005, a number of employment based categories are
eligible for premium processing. These categories are:
EB-1
outstanding professors and researchers
EB-2
Professionals with masters degree or higher or
persons with exceptional ability who are not seeking a National
Interest waiver, and
EB-3 workers
with at least two years experience or a bachelor degree
For the extra
filing fee of $1000, USCIS will provide
the applicant with either an approval or denial or a request for
additional evidence within 15 working days of receipt of the
application. There are also additional limitations. Premium Processing
Service is NOT available for:
1. A second
filing of a Form I-140 petition while an initial Form I-140 remains
pending;
2. Labor
Certification substitution requests; and
3. Duplicate
Labor Certification requests (i.e.,
cases filed without an original labor certification from the Department
of labor).
F. Medical
Employers - Cuban Medical Professionals May Apply for Entry to the US
Cuban doctors,
nurses, physical therapists, lab
technicians, etc. who are not in the US but are conscripted to study
and/or work outside of Cuba, may now apply for entry to the US with
their dependent spouse and children and receive work authorization. The
medical professionals must still comply with the licensing requirements
of each board of professional licensure in the jurisdiction. For more
information see public notice.
http://www.uscis.gov/graphics/publicaffairs/factsheets/CubanMedPrf091906.pdf
HOT TIPS FOR
INDIVIDUALS
A. Spotlight
on Naturalization – Waiver of the English Requirement
USCIS
announced on September 15, 2006, they have
processed over 350,000 backlogged cases and are now taking
approximately five months to complete most cases. Security checks now
accounts for the main reason for any case taking longer than five
months. For many long time permanent residents, fear of failing the
English portion of the naturalization process has prevented them from
applying. However, older persons who have been long time permanent
residents are eligible to take the interview and the US history exam in
their native language. In order to qualify, the applicant must show
either:
> 20
years as a lawful permanent resident plus 50 years of age or older
> 15
years as a lawful permanent resident plus 55 years of age or older
B. Temporary
Employment Authorization Documents No Longer Available Locally
As of
September 1, 2006 local offices are no longer
able to provide temporary work authorization documents when USCIS fails
to process the application during the statutorily required 90-day
period. There was no real warning that this would be put into place and
the procedures for dealing with USCIS violations are not yet settled.
For this reason, persons should apply extra early for their renewals.
http://www.uscis.gov/graphics/lawsregs/handbook/ElimI688B_081806R.pdf
C. New USCIS
Email Address for US Parents Adopting Children from Abroad
U.S.
Citizenship and Immigration Services (USCIS)
announced parents with questions on pending or approved inter-country
adoption petitions can now make use of newly designated email addresses
in local offices. This new email system is devoted solely to customers
who have already filed inter-country adoption petitions. USCIS
anticipates this new service will offer prospective adoptive parents
more timely answers to their questions concerning pending or approved
cases. The email addresses may be found in each domestic and overseas
office's web page on the USCIS website at: http://www.uscis.gov/graphics/fieldoffices/index.htm.
D. El
Salvadoran Temporary Protected Status (TPS) Program Renewal Deadline
This is a
reminder to eligible Salvadorans to
re-register for the 12-month extension of Temporary Protected Status
(TPS) by September 1, 2006. The TPS program establishes a temporary
safe haven in the US for persons from a foreign country if there is an
ongoing armed conflict posing a serious threat to the personal safety
of the country's nationals if returned there, there has been a disaster
resulting in a substantial disruption of the living conditions. Each
country program is reviewed every 6 to 18 months by Department of
State. During TPS program, qualifying applicants are eligible for
temporary work permit and prevention of deportation. The TPS program
does not provide for permanent residency. El Salvadorans who entered
the US as of February 13, 2001 were initially eligible and must
re-register.
http://www.uscis.gov/graphics/publicaffairs/newsrels/ElSalRemind_080306PR.pdf
E. Liberia
Temporary Protected Status Terminates as Of October 1, 2007
As of 12:01
a.m., October 1, 2007, Liberians in the
US through the Temporary Protected Status program are considered
unlawfully present and are subject to deportation. Liberians who
entered the US and have been residing continuously in the US since
before September 16, 1991, yes that’s right 1991, have been
determined
by US Department of Homeland Security that it is now safe to return.
Liberians should act quickly to make a determination of legal
immigration options. For a review of the public notice see:
http://www.uscis.gov/graphics/publicaffairs/questsans/Liberia_20se06.pdf
F. DHS Extends
Designation of Temporary Protected Status for Somalia –
Re-registry due March 17, 2008
Eligible
Somalis who has being physically present in
the US since September 16, 1991 and who have continued to re-register,
have received an extension of the TPS designation of Somalia,
previously set to expire 9/17/06. The recent USCIS notice automatically
extends the validity of temporary work permits under the TPS
designation of Somalia for six months and sets forth procedures for
Somali nationals to re-register and apply for EAD extension until
3/17/07.
G. DHS
announced a 12-month extension of TPS for nationals of Burundi until
November 2, 2007
Eligible
persons from Burundi are to re-register for
TPS by November 2, 2007. To qualify the person had to have entered
before November 4, 1997 and originally registered by November 3, 1998.
USCIS issued a notice that the designation of Burundi for Temporary
Protected Status has been extended for 12 months, from its current
expiration date of November 2, 2006, to November 2, 2007.
H. Diversity
Visa Lottery Results July 18, 2006
Applicants
registered for the DV-2007 program were
selected at random from over 5.5 million qualified entries received
during the 60-day application period that ran from 12:00 AM on October
5, 2005, until midnight, December 4, 2005. The visas have been
apportioned among six geographic regions with a maximum of seven
percent available to persons born in any single country. During the
visa interview, principal applicants must provide proof of a high
school education or its equivalent, or show two years of work
experience in an occupation that requires at least two years of
training or experience within the past five years. Those selected will
need to act on their immigrant visa applications quickly. Applicants
should follow the instructions in their notification letter and must
fully complete the information requested.
http://www.state.gov/r/pa/prs/ps/2006/69146.htm
III.
LEGISLATION
A. The House
Republicans Push for 10 Enforcement Only Bills Before the November
Elections
On 9/14/06,
House Republican leaders announced their
“Border Security Now” agenda, a list of 10 border
security measures
they intend to push through the House before Congress recesses at the
end of September. Since they control the House it is expected all ten
will pass. The list may be found at
http://www.gop.gov/docs/september14_republicansunveil.pdf
B. Contact
Senators to Push for Real Immigration Reform
On September
21, 2006, US Department of Homeland
Security announced that it awarded the contract to implement Southern
and Northern border security technology to the Boeing Company. Unlike
the House Republican leaders approach, many believe the enforcement
only approach is like throwing money at a problem without addressing
that immigration system is broken and needs comprehensive reform, a
system that addresses the need for employees to meet the demand of a
growing economy and that brings families together and one that helps
curb illegal immigration. The best defense against this backwards
enforcement only strategy is to put pressure on each U.S. Senator and
encourage them to oppose any attempt to pass, attach, or further
enforcement-only bills. We need your help. Please email or call both of
your Senators today.
Email your
Senators through Contact Congress on
AILA's website. We've already created a sample letter for you to send.
All you need to do is enter your zip code, hit send, and your voice
will be heard in Congress.
http://capwiz.com/aila2/issues/alert/?alertid=9036716&type=CO
Call your
Senators, you can find their telephone numbers in our Congressional
Directory .
http://capwiz.com/aila2/directory/congdir.tt
You can use
these talking points to help you when you call:
- Congress
should stop playing politics with immigration and pass comprehensive
immigration reform. These enforcement-only bills will do nothing to
enhance border security and will not move us one inch closer to fixing
our broken immigration system.
- Attaching
these bills to DHS appropriations circumvents the legislative process
on an issue of critical national importance; it undermines the intense
and unflagging efforts of the Senate to solve this crisis; and it
rewards the House for spending the summer attacking the Senate while
abdicating its responsibility to the American people.
- Senators
should forcefully oppose this effort by the House to nullify the
Senate's bi-partisan solution. If the Senate acquiesces on these
provisions, the House will only be emboldened and will never return to
debate comprehensive reform. This will not be "enforcement-first", it
will be "enforcement-only."
- For
laws to work, they must be realistic and fair. Our current immigration
laws are neither: proposals like these that ignore the reality that
immigrants come here to work and to be with their families are destined
to fail.
- Giving
the government unchecked powers to punish immigrants, and making local
police chase after immigrants, will only drive undocumented immigrants
further underground. It will not fix the problem; it will make matters
worse.
C. Send a
Letter to Request H-1B Relief
The H-1B
blackout is bad for business and only an
increased cap will make it better. We encourage you to urge Congress
for H-1B relief with a personalized letter. Please copy the text onto
your company letterhead and add specific examples of limitations
imposed by the H-1B cap. This is a great way for you to discreetly
educate policy makers about the adverse impacts of the cap and express
your support for reform.
September XX,
2006
The Honorable __________
United States Congress
Washington, DC ______
Dear
[Senator/Representative] ________:
I am writing
to you regarding a crisis that is
negatively impacting our company's ability to stay at the cutting edge.
There is a current H-1B visa "blackout" crisis that is detrimentally
affecting American businesses. The H-1B visa is a vital tool necessary
to keep the U.S. economy competitive in the world market and to keep
jobs in America.
[Add info here
about your company; add any specific examples you may have re problems
caused by the H-1B cap].
As you may be
aware, the U.S. Citizenship and
Immigration Service announced that the numerical cap limiting the H-1B
program for temporary professional workers was reached on May 26, 2006,
over four months before the start of fiscal year (FY) 2007. As the
situation now stands, companies seeking access to the best and
brightest global talent must now wait until April 1, 2007 to begin the
application process for hiring an H-1B, highly-skilled worker for FY
2008, which does not start until October 1, 2007. It is untenable for
American businesses to be cut-off from this talent pool until late next
year.
Far from
harming U.S. workers and the U.S. economy,
highly educated foreign professionals benefit our country by allowing
U.S. employers to develop new products, undertake groundbreaking
research, implement new projects, expand operations, create additional
new jobs, and compete in the global marketplace. [Add any examples of
how H-1B workers have helped your company]
An important
step you can take to address this
situation is to cosponsor [H.R. 5744/S. 2691], the "Securing Knowledge
Innovation and Leadership Act of 2006," also known as the SKIL Bill.
The SKIL Bill was introduced by [Representative John Shadegg (R-AZ) on
June 29, 2006/Senator John Cornyn (R-TX) on May 2, 2006], and is a
positive sign that Congress is serious about correcting a growing
competitiveness crisis for the United States.
Every day that
passes without access to these
highly-skilled workers is a lost opportunity for growth, productivity,
and innovation. If U.S. companies do not have the ability to hire the
best and brightest from around the world, our international competitors
will continue to hire away these talented workers, causing our nation's
competitive advantage to suffer.
If you need
any additional information or would like
to meet regarding this matter, please do not hesitate to contact me at
__________. Thank you for your attention in this urgent matter.
Sincerely,
Compliments of:
BARTEN LAW
OFFICE, P.C.
P.O. Box 1604
621 Main Street
Ames, IA 50010
515-233-4388
Fax
515-233-6959
For Comments
and Suggestions
jbarten@bartenlawoffice.com
If you haven’t received your
green card
If you were
granted permanent resident
status or entered the U.S. with an immigrant visa more than 60 days ago
and have not received your first permanent resident card, please call
1-800-375-5283"
Finding
the Status of Your Case
If you have an application receipt
number, you can check the status
of your case online put the following link into your browser.
https://egov.immigration.gov/cris/caseStatusSearchDisplay.do;jsessionid=arlkDhU4PQoc
Obtaining
a List of Processing Dates
If you would like to see the Processing
Dates for Applications and Petitions, put the following link into your
browser.
Schedule an Infopass Appointment
put the
following link into your browser.
http://infopass.uscis.gov/
Report
Your Change of Address to the USCIS
All aliens in
the United States who are required to
be registered under the law) must keep the USCIS informed of their
changes of address. The only aliens exempt from this requirement are
diplomats, official government representatives to an international
organization, and certain non-immigrants who do not possess a visa and
who are in the U.S. for fewer than 30 days. All aliens changing their
address must file Form AR-11
with the USCIS
address listed on the form.