USA Green Card Immigration Blog

The earthquake in Haiti recently was called “a disaster of historic proportions”. Until now Haiti had not been given temporary protected status. But the earthquake changed it all. The Department of Homeland Security has recently announced the designation of Temporary Protected Status (TPS) for Haitian nationals who were in the United States as of January 12, 2010. TPS provides temporary immigration status for a specific amount of time to people of a particular nation impacted by extreme events such as wars, earthquakes or hurricanes. Haitian immigrants will be highly benefited from this move as they can stay in U.S. and work here until situations in their country improve.

Haitian communities and immigrant right groups across the USA are finding out more about the program and are encouraging many people to apply. For Haiti, the temporary protected status registration period is open from January 21, 2010 until July 20, 2010. To qualify for TPS you have to be a national of Haiti, resided in U.S. since Jan 12 2010, complete TPS application procedures and have no criminal record. All TPS applicants must file form I-765. If you do not want employment authorization, you will not have to pay a filing fee for Form I-765. The TPS status has been granted for a period of 18 months until Haiti gets back on its feet.

The Department of Homeland Security is supporting Haiti’s recovery by providing temporary refuge to Haitian nationals who are currently in the U.S. If the TPS is not provided the personal safety of Haitian nationals would be endangered by returning to Haiti.

Department of Homeland Security secretary Janet Napolitano has estimated that there are 100,000 to 200,000 Haitian nationals currently in USA illegally. Temporary protected status gives the Haitian immigrants a temporary immigration status. So Haitians living in U.S. can start applying for TPS and get a chance to remain in U.S. and get work permits to work legally. The money they send back home will be highly useful to Haitians who are suffering to rebuild their country.

The U.S. Citizenship and Immigration Services (USCIS) based on the Department of Homeland Security (DHS) regulations have decided to approve H-2A and H-2B non-immigrant status petitions only for the nationals of certain countries specified by the Secretary of Homeland Security in a notice published in the Federal Register.

Secretary of Homeland Security along with the Secretary of State in the notice published in the Federal Register had considered around nationals of 39 countries as eligible to participate in the H–2A and H–2B visa programs in the coming year. Of the 39 countries whose nationals were termed eligible for H-2A and H-2B programs, only 28 countries were given the initial designation. The remaining 11 countries were added to the list only after taking into account certain conditions.

39 countries eligible for these non-immigrant visa programs include: Argentina, Australia, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Ethiopia, Guatemala, Honduras, Indonesia, Ireland, Israel, Jamaica, Japan, Lithuania, Mexico, Moldova, The Netherlands, Nicaragua, New Zealand, Norway, Peru, Philippines, Poland, Romania, Serbia, Slovakia, South Africa, South Korea, Turkey, Ukraine, United Kingdom, and Uruguay.

Among the above countries, the 11 countries that are considered for the first time to participate in the H-2A and H-2B visa programs are Croatia, Ecuador, Ethiopia, Ireland, Lithuania, The Netherlands, Nicaragua, Norway, Serbia, Slovakia, and Uruguay.

The 28 countries out of the 39 that were approved earlier for participating in the H-2A and H-2B visa programs were already designated in the December 18 and 19, 2008 notices. They remain designated even this year as they continue to meet the standards identified in the notices issued earlier.

The notice including the 39 countries nationals has been made active since January 18, 2010 and will continue to be so till the end of one year after January 18, 2010. Also individuals who already hold H-2A and H-2B non-immigrant status will in no way be affected by the notice issued.

The Federation for American Immigration Reform (FAIR): FAIR Legislative Update February 1, 2010.

President Obama disappointed many amnesty advocates last week with only a passing mention of immigration during his State of the Union speech. This reference, consisting of just 38 words near the end of the more than hour-long speech, was noticeably ambiguous:  “And we should continue the work of fixing our broken immigration system to secure our borders and enforce our laws and ensure that everyone who plays by the rules can contribute to our economy and enrich our nation.”  (CNN, January 29, 2010).  Absent was any mention of “comprehensive” immigration reform, a path to citizenship, or even legalization.  This passing reference to immigration reform has amnesty proponents questioning whether President Obama truly intends to push for such legislation as part of the agenda he laid out for his second year.

Click here to read more.

Facing Our Future: Children in the Aftermath of Immigration Enforcement.

This report examines the consequences of parental arrest, detention, and deportation on 190 children in 85 families in six locations, providing in-depth details on parent-child separations, economic hardships, and children’s well-being. The contentious immigration debates around the country mostly revolve around illegal immigration. Less visible have been the 5.5 million children with unauthorized parents, almost three-quarters of whom are U.S.-born citizens. Over several years, Immigration and Customs Enforcement (ICE) intensified enforcement activities through large-scale worksite arrests, home arrests, and arrests by local law enforcement. The report provides recommendations for stakeholders to mitigate the harmful effects of immigration enforcement on children.

U.S. Citizenship and Immigration Services (USCIS) has announced recently that the Department of Homeland Security (DHS) will extend the temporary protected status for nationals of Sudan. The current expiration date of May 2, 2010 will be extended to the new expiration date of Nov 2, 2011.

Janet Napolitano, secretary of the Department of Homeland Security conducted a review in Sudan last year. It has determined that an 18-month extension is required because of the ongoing armed conflict. Also because the extraordinary and temporary conditions existing in Sudan that prompted the last TPS designation of Sudan on Oct. 7, 2004 persists till now. To bring out a good immigration reform, TPS beneficiaries are being encouraged to apply during the re-registration period from Dec 31, 2009 until Mar 1, 2010.

Approximately 700 nationals of Sudan and individuals who have no nationality, who last resided in Sudan may be eligible for re-registration. TPS does not apply to Sudanese nationals who entered the United States after Oct. 7, 2004. It will be better to apply as soon as the re-registration period opens so that there will be sufficient time for USCIS to complete all routine security checks and further application processing.

Form I-821, Application for temporary protected status must be submitted by TPS beneficiaries to re-register. Form I-765, Application for Employment Authorization must also be filed by applicants seeking an extension of employment authorization through Nov. 2, 2011. Form I-765 is only needed to be submitted for those individuals seeking to re-register for TPS. Biometric services fee may be required for applicants 14 years and older. Applicants may request a waiver of application fee or biometrics fee by providing a fee waiver request with proper documentation of inability to pay.

This 18-month extension of temporary protected status for Sudan will benefit those individuals who have been granted TPS earlier. Now they will be able to re-register andmaintain their status for additional 18-months.

For the first time ever, the 2010 census will take the indigenous immigrants into account. Indigenous immigrants — the Native Americans of Mexico and Central America, usually have a hard time describing themselves on the U.S census forms. This is because their ancestry can cover multiple census categories, and they must also overcome a significant language barrier and a mistrust of government. The indigenous immigrants are discriminated in their home country for their origin and in USA for their immigration status. The 2010 census will tally all the indigenous immigrants, and will give a clear picture of the growing segment of the indigenous immigrant population.

Michele Lowe, spokesperson of the census bureau has said that in the 2010 Census, the bureau will tabulate handwritten entries specifying whether the respondent belongs to a Central American indigenous group such as Maya, Nahua, Mixtec, or Purepecha. The list of different populations that end up being counted will be made public when results are released in 2011. This will give a complete portrait of the American people. The 2010 census will show us that there are a lot of indigenous immigrants in America.

An accurate count of the indigenous immigrants in the 2010 census is very essential to themselves and to the federal government for allocating funds to the state and local governments. The indigenous immigrant population speaks many different languages making it hard to campaign for the 2010 survey. But several, Indigenous organizations are working independently within their communities to dispel the hesitation and encourage participation in the 2010 census survey through organizing workshops, public forums, flyers, and radio broadcasts. Jonathan Fox, a professor of Latin American and Latino Studies at the University of California, Santa Cruz states that “more indigenous migrants are willing to come out in public and claim their ethnic identity.”

US Immigration Service Grants Reprieve to Haitian Immigrants | Americas | English.

A new immigration program for Haitian citizens living in the United States:

Haitian nationals will be able to remain in the U.S. legally, be able to obtain authorization to work legally in the United States, and be eligible to obtain permission to travel outside the United  States.

Being able to travel home to help without fear of being denied re-entry to the U.S. is key.

Only Haitians already in the U.S. are eligible for temporary protected status.

‘Virtual’ Immigration Continued Rising During Recession – Real Time Economics – WSJ.

The global economic downturn spurred declines in physical immigration — the movement of people across borders — in 2008 and 2009. But a new Federal Reserve Bank of Dallas report says “virtual” immigration — moving the work rather than the workers — continued to grow.

“Most likely, the difference stems from the jobs the two types of immigrants typically do,” authors Michael Cox, Richard Alm and Justyna Dymerska write in the Dallas Fed’s Economic Letter. “Physical immigrants work in construction and other highly cyclical industries. Virtual immigrants are more likely to work in the services economy. It has traditionally been less sensitive than goods to cyclical fluctuations, largely because services aren’t subject to the kind of inventory bulges that make goods production unstable.”

Still, virtual immigration increased at a slower pace during the downturn. “Hard times might pressure companies to cut costs, quickening offshoring’s pace,” they write. “At the same time, companies might pull back on offshoring because of cuts in IT budgets and plentiful labor close to home.”   For instance, India’s exports in software and IT services are forecast to continue expanding. But the projected growth rate of 17% for 2009 is less than half the pace of the prior four years.

On December 8, 2009, the United States Customs and Border Protection (CBP) introduced a pilot program system to exit all H-2A and H-2B temporary workers from the United States of America. Authorities estimated that this program will at least last a year. They also mentioned that the program is to be conducted at San Luis and Douglas land ports of entry in Arizona.

The temporary worker exit pilot program’s main purpose is to ascertain the departure of temporary workers from the United States of America once their work authorization period ends. Apart from this, the temporary worker exit pilot program will also help to protect the United States borders more effectively. It will also benefit in updating already present visitor worker programs.

H-2A and H-2B visas are meant for temporary seasonal workers. H-2A visas are issued to certain non-immigrant workers to perform agricultural labor or services. On the other hand, H-2B visas are given for temporary workers to work in non-agricultural jobs.

The H-2A and H-2B non-immigrant temporary workers will have to verify their final departure from the United States of America at an exit kiosk located at the port of departure. The temporary workers should scan their visa and fingerprints and return their I-94, arrival/departure form at the kiosk. These H-2A and H-2B temporary workers at San Luis or Douglas ports of entry must also are required to exit through one of the two designated ports.

Temporary workers who frequently commute to the United States will have the need to register only their final departure from the country. From December 8, H-2A and H-2B temporary workers whose authorized period of stay concludes are required to register during their exit.

According to the authorities, in the year 2009, more than 205,000 H-2 temporary workers crossed into the United States, out of which over more than 147,000 were H-2A visa holders and more than 58,000 were H-2B visa holders.

Hiring of foreign nationals for skilled labor in agricultural and farm needs dates back to history in the U.S. Sheepherding demands around the clock work and not many U.S nationals were ready to take it up as an occupation. Growing need for sheepherders called for importing trained foreign nationals as sheepherders. Earlier in 1950s, three laws were enforced by congress, which approved entry of the other nationals for permanent employment as sheepherders, speedy visa issuance, and permanent residence in the U.S.

Later, numerous allegations arose concerning the foreign national sheepherders who quit the sheepherding in a short while and started finding jobs in other industries. Further investigations by the House Judiciary Committee corroborated that the animal husbandry industry had not gained much from the other national sheepherding recruits as expected. The special legislations in favor of the foreign national sheepherders came to an end. They were classified as the H-2 temporary workers under the Immigration and National Act as per which the sheepherders were allowed to seasonal stay only. H2-A visa program enabled the agricultural employers to bring foreign nationals as H2-A sheepherders to work in the U.S. for a short period on a contract basis.

Later in January 2010, the U.S. Citizenship and Immigration Services Grants One announced the one time accommodation for sheepherders, which extends the H2-A shepherds transitory period to a maximum of three years. This came into vogue from January 17, 2010. The tenure of foreign nationals as sheepherders before the announcement would not be taken into account the three year period. The H2-A sheepherders are to depart from the U.S. after completion of three years, for a period of three months. This departure is a necessary for the sheepherder to become once again be acknowledged for the H2-A status.