USA Green Card Immigration Blog

The extension of post-completion Optional Practical Training (OPT) for qualified F-1 status students has been recently announced by the U.S. Department of Homeland Security (DHS.) The period of Optical Practical Training that was initially 12 months has now been extended to a maximum of 29 months. F-1 students possessing a degree in mathematics, science, technology, or engineering, in addition to students who are employed by businesses registered in the E-Verify program are termed eligible for this extension.

With the new regulation brought into effect, the US companies are given the opportunity to attract and keep hold of highly proficient foreign workers. Previously even the students who had an approved H-1B petition were compelled to leave the United States, since the former regulations granted students only a maximum of 12 months of OPT. It has been estimated by the DHS that nearly 12,000 students will benefit from the Science, Technology, Engineering, or Mathematics (STEM) extension. Additionally DHS reports that at present nearly 70,000 students are in OPT and 23,000 of those have been graduated in (STEM) fields.

With the cap-gap extension, even when the F-1 student status and work authorization runs out, students can continue to be in F-1 status. The extension serves as a way to fill the “cap-gap,” which is the gap between the F-1 and H-1B.

Unlike the old rule where the F-1 students were required to apply for post-completion Optional Practical Training before graduation; this new rule permits the students to go about this process during the 60-day departure preparation period. They need not necessarily wait for this period, but can also apply any time before their current OPT period expires.

Students can go about this process by asking for a recommendation for OPT from their respective Designated School Official (DSO) at their academic institution.

Jan Brewer, the governor of Arizona has recently passed the state’s immigration bill into law. According to the Arizona immigration law, immigrants are required to carry their immigration documents with them all the time. The law authorizes police officers to demand suspected people for their alien registration documents, if they have even a slight suspicion about the individual. The Arizona’s law seems to be highly controversial and has raised a national debate among politicians, pundits, and citizens.

President Obama also expressed his disapproval to the Arizona immigration law, stating that this immigration law was “misguided” and could violate citizen’s civil rights. Further, he also said that the developments in the law would be monitored by the Justice Department.

At a naturalization ceremony that was held for 24 foreign-born U.S. military members, that Obama had first raised opposition to the Arizona immigration law. At the naturalization ceremony, President Obama had appealed to the fellow countrymen to opt for a different future and not the one that was envisaged through the Arizona immigration law.

Janet Napolitano, the Homeland Security Secretary was also present at the Rose Garden event along with President Obama. Previously, during her two term tenure as Arizona’s democratic governor she had repetitively refused to permit similar bills. She justified her act, saying that those bills would have refrained law enforcement forces from protecting their nationals from serious threats.

Immigrant advocates and the American Civil Liberties Union of Arizona are of the opinion that the Arizona immigration law might cultivate racial profiling, since they believe that most police officers do not have enough training to look beyond race while investigating the suspected person’s immigration status.

The Arizona immigration law has reignited the national immigration reform debate. President Obama has urged the federal government to take steps to reform the national immigration law and prevent irresponsibility by others.

The official partnership between the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of the Interiors National Park Service (NPS) has been renewed recently. This renewal has been made in view of enhancing the meaning and stature of citizenship ceremonies.

In September 2006, the agreement was initially signed between the USCIS and the NPS to link up America’s newest citizens to the national parks all over the country. The citizenship ceremonies are provided with an ideal backdrop established by the historic and picturesque sites of these national parks.

Alejandro Mayorkas, USCIS director and Jon Jarvis, NPS director went on with signing the amendment to the 2006 agreement prior to the special naturalization ceremony. The naturalization ceremony took place at the Lincoln Memorial to commemorate the 40th anniversary of Earth Day.

The USCIS’ partnership with the NPS has enabled three main improvements. First and foremost, all over the country, the U.S. Citizenship and Immigration Services Field Offices will be matched with the National Parks that come under their authority and are interested in organizing citizenship ceremonies. Local partnerships that already exist between the USCIS Field Offices and the National Parks are reinforced and further built up. Finally, a few number of new important naturalization ceremonies that are held at certain parks with a link to immigration or civic history will be sponsored.

Ever since the launch of the partnership between the USCIS and the NPS in September 2006, USCIS has coordinated with the NPS and organized special citizenship ceremonies at most of the 400 places throughout the country that are under the protection of NPS.

In locations, such as Ellis Island, Angel Island, the Mt. Rushmore National Monument, and the National Mall and Memorial Parks, the USCIS has been assisted by NPS in welcoming new citizens on various national commemorations, including Independence Day, Citizenship Day and Constitution Day, and Memorial Day.

Legitimate immigration to the United States is administered by the U.S. Citizenship and Immigration Services. Revenue for USICS comes mainly by means of application and petition fees. There is an increase in the fees for all the other applicants and petitioners when the fees for certain individuals are waived. But those individuals who are unable to pay the filing or biometrics fees can apply for a fee waiver. A fee waiver request requires an apparent intimation on the condition of you being unable to pay the fees for the application or petition required.

There are certain guidelines that should be followed for supporting a fee waiver request when applying for Temporary Protected Status Fact Sheet. A written statement has to be submitted for the requisition of fees waiver. One should submit the waiver request form as an affidavit or declaration with a signed and dated written statement that states: “I declare under penalty of perjury that the foregoing is true and correct.”

Your reasons for not being able to to pay the filing fee should also be stated in the request. There should be a clear indication in the written statement of all the assets such as investments, vehicles, homes, or other real estate, if any, owned, possessed or controlled by you or your dependents.

Monthly income of the applicant from all the sources possible should be acknowledged in the requisition of fee waiver. It must include income from your dependents as well. These details should be submitted for each of the three months aforementioned to the submission of the fee waiver request.

For each of the three months prior to the filing of the fee waiver request all indispensable expenditures are to be mentioned in the written statement. Any extraordinary expenses such as high medical bills should also be included.

If you are entitled to receive a federal or state means-tested public benefit like Medicaid, food and nutrition benefits [SNAP program], housing assistance, etc, or exceptions on humanitarian basis such as disability, age, and homelessness then additional information and evidence should be included.

The USCIS has issued an advisory regarding the extension of authorized stay for foreign nationals. This advisory is for foreign nationals who are stranded in the U.S due to the recent closures of the European airports because of the Icelandic volcanic eruptions. The foreign nationals are permitted up to 30 days to depart if they have exceeded or about to exceed their authorized stay period.

For visitors who are travelling under the visa waiver program it is better to contact the U.S. Customs and Border Protection office if they are stranded at the airport. Otherwise the travelers must visit the local U.S. Citizenship and Immigration Services office. In case you are travelling under a non immigrant visa contacting the local U.S. Citizenship and Immigration Services (USCIS) office along with your passport, itinerary for the cancelled flight, and your I-94 departure record would be of assistance.

The candidates can avail this kind of benefit on the USCIS application, petition or immigration status if he/she has been affected by the uncontrollable circumstances like the natural catastrophes or other extreme situations. On their application to extend their stay or change the status with the USCIS due to a disaster, if the traveler shows how the disaster directly affected him/her then the request might be considered.

Working off-campus might be essential if a student has been affected by the disaster and is unable to self – support. The disaster might occur anywhere, either in the United States that prevents a student from working on campus or when in overseas that affects their financial position. The demonstration of such a situation along with the recommendation for an off-campus employment by the Designated School Official (DSO), might entitle them to receive an employment authorization when filing the Application for Employment Authorization (I-765). At the time of loss of the USICS – issued documents a concern may be raised and appropriate forms be submitted to replace the documents.

It has been proclaimed by the U.S. Customs and Border Protection that travelers who are intending to apply to the Global Entry and Privium Trusted Traveler programs can apply at any one of the five existing “one-stop shop” joint enrollment centers. These enrollment centers have been set up in the United States and the Netherlands through the Fast Low-Risk Universal Crossing (FLUX) program as a trial initiative.

The government of the U.S. went on a joint-venture with the government of Netherlands to speed up international travel by establishing the Fast Low-Risk Universal Crossing (FLUX) program. This has been achieved by establishing an automated border passage program for those low-risk travelers who have registered themselves already.

The U.S. and Dutch citizens over 14 years of age who possess a valid machine-readable passport and consenting to a background screening can apply to join the U.S. Global Entry and Dutch Privium programs through the FLUX enrollment program while the pilot enrollment period is on. But for FLUX participation, the U.S. citizens should become a member of Global Entry initially after which they require to be authorized for the Dutch Privium program.

Global Entry is an automated entry program directed by the U.S. Customs and Border Protection. This entry program is active at 20 major airports in the U.S. To apply for Global Entry, the U.S. citizens must apply with the U.S. Customs and Border Protection followed by an interview and border check.

Frequent Dutch and U.S. travelers at the Schiphol Airport in Amsterdam are offered favored treatment by a voluntary fee-based airport service program, Privium.

Joint enrollment was earlier operative only at Schiphol Airport in Amsterdam. With the interim joint enrollment centers, the U.S. and Dutch citizens who have filed an application for the Global Entry and Privium program can get their Privium interview done with an officer of the Royal Dutch Marechaussee and Global Entry interview with a CBP officer at many new locations.

The U.S. Department of Labor has made an announcement stating the eligibility criterion for workers who want to apply for Trade Adjustment Assistance (TAA.) As per the announcement, about 4000 workers in the states of California, Michigan, Minnesota, New Mexico, Ohio, Pennsylvania, Tennessee, Texas, Washington, and Wisconsin are eligible for this assistance.

The Secretary of Labor Hilda L. Solis, on addressing the press said that, the purpose of this program is to help the workers who are affected by the trade and ensure that they acquire secure permanent jobs with family-supporting wages. Through TAA the U.S. Department of Labor aims at providing workers with access to the employment and training services, which would in turn help them get positioned in good jobs in potential industries.

The respective states will contact the workers qualified under the latest TAA Certifications and provide instructions that will explain the application process. Those who meet the requirements will gain benefits of case management and re-employment services. The benefits also include providing training in new occupational skills and trade readjustment allowances, which would provide financial support for workers enrolled in this program. In addition, job search, relocation allowances, and the Health Coverage Tax Credit will also be provided for some workers.

Though TAA can be benefited by entitled workers of all ages, workers who are 50 years of age and above, can choose to receive Re-employment Trade Adjustment Assistance (RTAA) as an alternative.

For workers whose wages is less than $55,000 and also lesser when compared with those earned in the unfavorably influenced employment then, 50 perfect of the difference of old wage and the new wage will be compensated by the RTAA. The limit for this pay is up to $12,000 for a period of two years. Retraining and HCTC eligibility can also be gained by the RTAA participants.

The U.S. Citizenship and Immigration Services (USCIS) has made a proclamation stating that a parole-in-place status will be granted to specific foreign nationals in the Commonwealth of the Northern Mariana Islands (CNMI). This interim status is made available to those foreign nationals who do not posses umbrella permits and whose work permits lapse before they can claim the new visa categories under the federal immigration laws.

Some employers and their foreign national employees had intended to apply for CNMI-Only Transitional Worker visas soon after the Nov. 2009 when the transition period began. Subsequently they also did not apply for the umbrella permits that cover the two year transition period.

However, the nonimmigrant category was made unavailable by a court ruling that month. Since there existed a gap between the expiry of the present CNMI work permit and the new CNMI-Only Transitional Worker status, few foreign nationals faced the risk of loss of their legal immigration status.

The same problem was faced by foreign nationals with CNMI Investor permits also. There has been a gap between the expiry of the CNMI investor permit and the new CNMI-Only E-2 Investor status.

Commencing from November 28, 2009, nearly all provisions of the federal immigration law have been extended to the CNMI by the Consolidated Natural Resources Act of 2008 (CNRA.) Foreign nationals in the CNMI were considered to be present in the United States and put through federal immigration law as of Nov. 28, 2009.

The Consolidated Natural Resources Act has been put into effect by the USCIS in view of implementing the Congressional intent. The USCIS will thereby take initiatives to reduce inimical economic effects on the CNMI and promote economic and business growth in the CNMI in the future.

Immigrant applicants who want to apply for parole-in-place are obliged to submit a filled G-325 (Biographic Information), 3 passport-style photos, a copy of the unexpired entry permit, a copy of the photo page of their valid passport, a statement from their employer that they will have continued employment.