USA Green Card Immigration Blog

The U.S Citizenship and Immigration Services(USCIS) have made an announcement stating that the revised version of the Medical Certification for Disability Exceptions, Form N-648 would be available for public comment. A Federal Register notice that will announce the changes to the Form-N648 has been published by the USCIS. The notice also states that starting February 1, 2010 the revised form will be available for review and public comment for a period of 60-days, ending on April 2, 2010. The requirements for the exception and the basis for preparing a medical certification for applicants and medical professionals are clarified in this revision.

According to the law, applicants for naturalization must demonstrate the ability to communicate in basic English and also understand the United States history and government. Nevertheless, if an applicant due to medically determinable physical or developmental disability or mental impairment cannot comply with one or both of these requirements, then he may request an exception from either or both of the requirements.

In such cases, the Form N-648 certification, completed by a licensed medical doctor or a licensed clinical psychologist must be submitted by the applicants who claim this exception. This form must be submitted along with the completed Form N-400, application for naturalization to the USCIS. The form will be deciding factor for the USCIS to decide whether the applicants for naturalization are permitted for an exception to the requirements. Part I of the Form N-648 can be completed by the applicant or the applicant’s authorized representative. On the other hand, part II of this form needs to be completed by a medical professional.

The revised Form N-648 and the table of changes can be viewed by logging on to the website www.regulations.gov, selecting “Notices” as the document type, and entering “Form N-648” as the keyword and then clicking on “Search.” After retrieving the February 1, 2010 document, clicking on the docket ID link will provide you with the revised form and table of changes. To get more information on USCIS programs or to download a copy of the current version of a USCIS Form, one can visit www.uscis.gov.

The USCIS has provided details on the H-1B and H-2B cap exemptions for workers qualifying in the H-1B and H-2B classifications and admitted to perform labor and services in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam. Starting from November 28, 2009 until December 31, 2014, these workers are to be exempted from the cap.

The H nonimmigrant workers in Section 214(g) of the Immigration and Nationality Act (INA) get a special exemption to the statutory numerical limitations (or “caps”) according to the Consolidated Natural Resources Act of 2008 (CNRA), Public Law 110-229.

The nonimmigrants admitted as H-1B and H-2B workers for labor or services in the CNMI and/or Guam may qualify for this CNMI and Guam H cap exemptions. Further, the petition of the prospective employer must include a Labor Condition Application (LCA) listing employment or services in the CNMI and/or Guam only, for the nonimmigrant to qualify for the exemption in H-1B classification. On the other hand to qualify for the exemption in H-2B classification, a temporary labor certification (TLC) listing labor or services in the CNMI and/or Guam only must be included in the petition.

H nonimmigrant workers performing employment outside Guam or the CNMI are not eligible for the H cap exemptions. The H nonimmigrant workers under the cap exemption can freely travel to any U.S. state or territory. If an employer would like a worker granted H classification under this cap exemption to work at another U.S. location outside of the CNMI and Guam, then the employer needs to file another petition with USCIS.

The spouse and children of the H nonimmigrant workers under the H cap exemptions are eligible to apply for the H-4 “dependant of an H worker” classification. The H-4 classification may be obtained by the family members by directly applying for a visa at the U.S. Embassy or Consulate.

A new rule for the temporary agricultural workers of US under the H-2A Program has been announced by Hilda L.Solis the U.S. Secretary of Labor. The final rule is published in the 12th edition of the Federal register. The rule speaks about establishing the process of labor certification as well as enforcement mechanism for the H-2A temporary agricultural worker program.

The H-2A temporary agricultural worker program is applicable only for those foreign workers who are either coming to or are already working in the U.S for seasonal or temporary agricultural works. The H-2A nonimmigrant visa would not be granted by the U.S. Department of Homeland Security unless the Department of Labor certifies that there are not sufficient qualified U.S workers to perform the agricultural works.

The U.S Department of Homeland Security through its wage and hour division would try to implement the terms and conditions of the labor certification and hence protect the workers. About 8,150 labor certification applications was filed by employers in which 103,955 H-2A workers were asked for temporary agricultural work, during the 2009 Fiscal year. 94 percent of the applications submitted for a total of 86,014 workers were certified by the department of labor.

Ms. Solis, the secretary emphasizes the right of the workers to get a fair pay for their work and also stresses on the opportunities that those workers can avail to. She further adds that through the H-2A temporary agricultural worker program, they can keep a check on the different forms of worker violations.

This final rule is the outcome of the revision of previous H-2A regulations which was published in late 2008.The access to the The H-2A nonimmigrant visa covers many benefits for workers such as increased wages, a better access to the domestic labor market, protection against worker’s abuses, and creating a national electronic job registry.

Los Angeles Times

Days before a planned march in Washington, D.C., two U.S. senators announced their framework Thursday for a bipartisan immigration bill that would increase resources for border enforcement, create a biometric Social Security card to prevent forgeries and legalize millions of undocumented immigrants.

Sens. Charles Schumer (D-N.Y.) and Lindsey Graham (R-S.C.) laid out their proposal in an opinion piece in the Washington Post, saying that “the American people deserve more than empty rhetoric and impractical calls for mass deportation.” The plan also calls for creation of a program to admit temporary workers.

The announcement was immediately praised by President Obama, who pledged Thursday to help translate the framework into a legislative proposal and to continue working “to forge a bipartisan consensus this year.”

The senators’ plan “thoughtfully addresses the need to shore up our borders,” Obama said in a statement, “and demands accountability from both workers who are here illegally and employers who game the system.”

As many as 50,000 faith, labor and immigrant rights advocates are expected at a rally in the nation’s capitol Sunday to pressure the White House and legislators to take action on immigration reform. In a conference call Thursday, they called upon the senators to introduce a bill in coming weeks and begin deliberations in April. They warned that politicians could see the consequences in the midterm elections if progress isn’t made.

“Immigration reform cannot wait another year, another term,” said Angelica Salas, executive director of the Coalition for Humane Immigrant Rights of Los Angeles. “The time is now and they are marching in D.C. to make that clear.”

Ali Noorani, executive director of the National Immigration Forum, said Thursday that Schumer and Graham understand that the system is broken and needs to be fixed.

“The framework is an important step forward,” Noorani said. “The likelihood of immigration reform is very, very strong given this strong start.”

Previous efforts to pass immigration reform legislation failed in 2007. Now, with the economic downturn and millions of Americans out of work, opponents said it was even less likely that the public would support the legalization of an estimated 11 million undocumented immigrants.

“Allowing millions of illegal immigrants to stay and take jobs away from citizens is like giving a burglar a key to the house,” Rep. Lamar Smith (R-Texas) said in a statement.

Mark Krikorian, from the Center for Immigration Studies, who favors stricter controls on immigration, said he believed that there was “zero chance” of legislation being signed by the president. “This is just a way of pretending to show there is progress when there is nothing whatsoever new in what they have written,” he said.

The framework covers familiar territory: border security, interior enforcement, temporary workers and legalization. The legalization plan would require undocumented immigrants to admit they broke the law, perform community service, pay fines and back taxes and learn English. According to the plan, a bill would also give green cards to immigrants who earn a master’s or doctorate in science, technology, engineering or math from a U.S. university.

The unveiling of the plan follows a gathering last week of the president, both senators and advocates of reform. Since taking office, Obama and the administration have been reaching out to legislators and advocates to garner support for reforming the immigration system. Department of Homeland Security Secretary Janet Napolitano has held dozens of meetings with Senate and House members and has held round table sessions with state and local politicians and labor, business and faith groups throughout the nation, including in Seattle, San Francisco and Las Vegas.

Tamar Jacoby, who runs ImmigrationWorks USA, a federation of employers pushing for reform, said she was encouraged by the framework and that it included a plan for more workers to come legally when they were needed. Jacoby said that publishing a framework now shows the public and stakeholders there’s momentum for the process.

“Part of passing any bill is about garnering public support,” she said. “Voters will be paying attention to the issue this weekend.”

The USCIS has come forward with further information on the Employ American Workers Act (EAWA) to those employers looking to file H-1B petitions. The H-1B is a non-immigrant visa which permits U.S. employers to temporarily recruit alien workers.

The EAWA has been brought into effect to make sure that those companies which receive financial support under the Troubled Asset Relief Program (TARP) or section 13 of the Federal Reserve Act do not remove U.S. workers from their concern. Under EAWA, any concern that has received covered funding for hiring H-1B employees is an “H-1B dependent employer”. While filing a Labor Condition Application (LCA), the EAWA puts forth employment and non-displacement constraints of U.S. workers. An H-1B dependent employer ought to make statements on them to the U.S. Department of Labor (DOL).

Following the enactment of the EAWA, the USCIS has included a new question (A.1.d) to its Form I-129 to make out if the employer has received any covered funding. Those employers who have repaid their obligations might answer “No” to that question. To know if your obligations have been repaid, the Department of Treasury, or the Federal Reserve has to be contacted.

While the H-1B petition is filed with USCIS, a valid Labor Condition Application must be filed with the U.S. Department of Labor. If the LCA does not match up with the question A.1.d of the H-1B petition, it may lead to a delay or rejection in processing, unless the petitioner comes up with a convincing explanation about the discrepancy to the USCIS.

The H-1B dependent employer should note that the EAWA pertains only to hires taking place on or after Feb 17, 2009 and before Feb 17, 2011. It is not applicable to a petition which is applied to extend the H-1B status of a current employee with the same employer. Neither to a petition applied to change the status of a work-authorized employee to H-1B status.

According to the announcement made by the U.S. Citizenship and Immigration Services (USCIS), the immigrants are provided with two grants. The first grant is to support citizenship service providers and the second grant will strengthen the adequacy of the regional or state wise organizations to provide citizenship services to undeserved communities.

As a part of FY 2010 program, a significant amount of $11 million is authorized by the congress for the improvement of the immigrant integration initiatives within USCIS. The combination of these two grants would help the lawful permanent residents to be more successful by improving their English language skills and learning more about the U.S history and government.

The Citizenship and Integration Grant Program would concentrate on educating the lawful permanent residents through various citizenship preparation programs. These programs would include citizenship focused ESL instruction and citizenship instruction to prepare the lawful permanent residents for English writing, reading, and speaking components of the naturalization test. The Citizenship and Integration Grant Program would also take efforts to assist the lawful permanent residents in preparation of the naturalization application.

Apart from the education component of the grant the Citizenship and Integration Grant Program also helps the lawful permanent residents in terms of assisting them with legal services and case management services. The grant funds may also be used to make the citizens aware of the services offered by the grant program, staff professional development, and volunteer training.

The Citizenship and Integration National Capacity Building Grant Program is to improve the efforts of the non-profit organizations which offer citizenship services to the lawful permanent residents of undeserved communities. Five competitively awarded grants of up to $500,000 each will fund the national and regional organization programs for their various citizenship preparation programs.

A revised version of Form I-485 has been posted by the U.S. Citizenship and Immigration Services (USCIS). The Form I-485 is being used by an individual in the United States to apply to the USCIS in order to register for permanent residence or to adjust status. There is also a change in the form filing locations. This amendment has been brought into being in an aim to shift the immigration benefit forms from the Service Center to the USCIS Lockbox facility.

The centralization of form filing facilitates the USCIS to process the applications in a more organized way. Commencing from February 25, 2010, visa applicants are obliged to submit Form I-485 to a USCIS Lockbox facility, rather than a Service Center. USCIS Service Centers will work towards forwarding the Form I-485 applications to the Lockbox facility until March 29, 2010. The previous versions would be accepted only until March 29, 2010. Form I-485 applications being submitted after March 29, 2010 will be taken into consideration only if it is dated “12/03/09”. The rest will be rejected. Once the changeover period comes to an end, the forms which have been incorrectly filed will be sent back to the applicants, directing them to send it to the correct location.

An Immigrant Petition for Alien Worker (Form I-140) cannot be filed simultaneously along with a Form I-485. The Form I-140 filing instructions can be referred to locate the details on how to file forms simultaneously.

To be notified about the application status, the Form G-1145 has to be filled in, and attached to the application. You can choose the notification mode which may be through an e-mail and/or a text message.

An application may be rejected if the applicant does not comply with the eligibility criteria of the USCIS. If a green card holder is found to be an offender, their permanent resident status might be lost.

Undocumented immigrants offer U.S. a shot of optimism – CNN.com.

In a recent national survey of undocumented Latino immigrants, RedBrownandBlue found that the day laborer population has been among the hardest hit by the recession. Fourteen percent of male respondents said they work zero to 10 hours a week; and 39 percent said their annual household income is under $15,000 — well below the poverty threshold of $22,128.

Given a national poverty rate of 13 percent, undocumented Latino immigrants are three times as likely as Americans to live in what we define as “poverty.”

Despite these difficult circumstances, an overwhelming 74 percent said that if they had to choose again, they would still come to the United States. Eighty-seven percent said they believe America is special compared with other countries. And 71 percent said America is special because it gives people the opportunity to do better. Sounds pretty optimistic, right?

According to the recent announcement by the U.S. Citizenship and Immigration Services (USCIS), the applicants filing an application for employment authorization, Form I-765 have got revised filling instructions and addresses. The Form I-765 may be filed by individuals who are temporarily in the United States and eligible for employment authorization.

This announcement by the U.S. Citizenship and Immigration Services is intended to centralize the form and fee intake. This makes the initial processing of application and fee intake more efficient and effective to the public. The change in filing location will help in the overall transition of forms from service centres to USCIS lockbox facilities.

Based on the classification under which they are filed, the Form I-765 applications beginning from February 24, 2010 must be submitted at one of the USCIS lockbox facilities or the USCIS Vermont service centre. Further information regarding this can be found in the updated form I-765 instructions and at the website www.uscis.gov.

Incorrectly filled applications for employment authorization will be forwarded to the USCIS Phoenix and Dallas lockbox facilities by the USCIS Service centres. The incorrect files will be kept there for the first 30 days, until March 26, 2010. After March 26, 2010, applications incorrectly filed at USCIS service centres will be returned to the applicant. The applicants will also receive a note asking them to send the form I-765 to the correct location.

Those who opt to receive an email or text message regarding the acceptance of their application for employment authorization by the USCIS must complete an E-Notification of an application/petition acceptance form G-1145 and attach it to the first page of the Form I-765 application. When submitted under certain categories the form I-765 may be electronically filed (e-filed) with the USCIS. The eligibility to submit an e-file application for employment authorization, form I-765 can be checked in the USCIS website.

According to the recent announcement by the U. S. Department of Labor, about 3,000 company workers from 17 states, including Alabama, Arkansas, Connecticut, Georgia, Illinois, Indiana, Kentucky, Maine, Michigan, New Mexico, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, and Virginia can apply for Trade Adjustment Assistance (TAA).

The Secretary, Hilda L. Solis, stated that the U. S. Department of Labor is committed to help all the company workers through the Trade Adjustment Assistance program. The U.S. Department of Labor has further leveraged opportunities for those displaced workers to attain the necessary skills to get good jobs in areas of their local economies that have a promising future.

The respective states will contact its workers covered by the latest TAA certifications giving instructions on application procedure for individual benefits and services. The workers, who apply for the assistance will get case management and re-employment services, training in new occupational skills, and receive trade readjustment allowances, which give income support to the workers in training. Additional allowances for the workers include job search, relocation allowances, and the Health Coverage Tax Credit (HCTC).

This Trade Adjustment Assistance (TAA) program is applicable to workers of all ages. The Re-employment Trade Adjustment Assistance (RTAA) can be elected by workers who are 50 years and above. If a worker receives a new job at wages less than $55,000 and less than what is earned by workers in adversely affected employment, the worker will be paid 50 percent of the difference between the old and the new wage and upto $12,000 over a two-year period by the Re-employment Trade Adjustment Assistance (RTAA). The participants of RTAA are eligible for the retraining program and the Health Coverage Tax Credit (HCTC). In addition, this Trade Adjustment Assistance program has also covered around 21 companies by these certifications.