USA Green Card Immigration Blog

The Public Law 111-230 was signed into law by President Obama on Aug 13, 2010. The public law includes provisions to increase the L1 and H-1B visa fees. As per the Public Law 111-230, in addition to the existing filing fees, petitioners are obliged to submit a fee of $2,000 for certain US H-1B visa petitions and $2,250 for certain L-1A and L-1B visa petitions. This additional fee applies to those petitions that are postmarked on or after Aug 14, 2010.

The increase in L1 and H-1B visa fees will be effective until Sept 30, 2004. It is applicable to those petitioners who have more than 50 percent of its employees in the H-1B or L-1 nonimmigrant status.

In order to act in accordance with Public Law 111-230, U.S. Citizenship and Immigration Services (USCIS) is working towards the revision of Form I-129, Petition for a Nonimmigrant Worker. Petitioners applying for H-1B, L-1A, and L-1B visas are requested to submit the additional fees or the evidence explaining why the additional fee is not applicable.

Additionally, if the fee is required, the petitioners are requested to mention in bold capital letters on the cover letter. If any such documentation is not received along with the initial form filing by USCIS, a Request for Evidence (RFE) may be issued by USCIS to find out if the public law covers the petition. Even when the evidence has been submitted, USCIS may still require an RFE if it has any doubts.

The new fee will be included in addition to the Fraud Prevention and Detection Fee, base processing fee, American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee, if applicable, and premium processing fees, if any.

In order to bring about a smooth transition, U.S. Citizenship and Immigration Services will work in collaboration with its stakeholders.

The results of the USCIS Policy Review have been recently publicized by U.S. Citizenship and Immigration Services (USCIS.) The USCIS Policy Review was a complete review of the agency’s customer service policies, procedures, and guidance.

A survey was issued by USCIS in April 2010 seeking help from any member of the public or its own employees to find out the issue areas that required attention. Around 5,600 responses from stakeholders, including present immigrant and non-immigrant visa holders, employers, and immigration attorneys were received by USCIS. Apart from these 5,600 responses, 2,400 employers from USCIS also responded to this survey. From the survey results, USCIS could identify the top ten issue areas that needed to be addressed first.

The top ten issue areas include Nonimmigrant H-1B Status, Employment Authorization Documents (EAD,) Naturalization in special cases and Citizenship, National Customer Service Center (NCSC,) Employment-based Immigration Status, Form I-601, Refugee and Asylum Adjustment of Status, Employment-Based Adjustment of Status, Family-Based Adjustment of Status, and other Humanitarian Programs.

The USCIS Policy Review was carried out in four stages. The review began with information gathering. USCIS gathered the existing policy documents from the USCIS offices around the country. Once all the policy documents, including guidance memo, training manuals, and operational guidance were gathered, USCIS went on categorizing them into appropriate issue areas.

With the issue areas categorized, U.S. Citizenship and Immigration Services issued a survey to the public and the USCIS employees to help prioritize the issue areas. The survey was then examined and the top ten issue areas were recognized.

U.S. Citizenship and Immigration Services is taking the help of subject matter experts from around USCIS offices to begin the review in the top ten issue areas. USCIS will maintain its rapport with the public to get their feedback and serve them better. The course of action that is required for each issue area will be determined based on USCIS’s goals, requirements, and responses. Once the policies are approved, they will be compiled into a single electronic resource for both the employers and the public.

It has been recently proclaimed by U.S. Citizenship and Immigration Services (USCIS) that 10,000 U nonimmigrant status petitions have been approved in the financial year 2010. U visa provides victims of crimes immigration protection. This visa also helps strengthen the efforts of law enforcement to fight against those crimes. The approval of these 10,000 U visas is considered as a milestone for this program. For the first time since 2008 after USCIS started issuing U visas, it has approved a maximum of 10,000 U visas per financial year.

According to Alejandro Mayorkas, USCIS Director, the U nonimmigrant status lets USCIS to offer critical immigration protection to crime victims and also allow law enforcement officials to protect crime victims. He also stated that thousands of immigrants have benefitted from this approval through the joint effort of USCIS, law enforcement forces and service providers.

On the first day of the financial year 2011 i.e. on October 1, 2010, the issuance of U nonimmigrant status will be resumed by USCIS. Until Oct. 1, 2010, the new petitions for U nonimmigrant status will be accepted by USCIS and those petitioners who have been conditionally approved will be put on waiting list. Qualifying family members and conditionally approved petitioners can stay back in the United States and also apply for work authorization.

Under the Victims of Trafficking and Violence Protection Act, the U nonimmigrant status was created to reinforce the powers of law enforcement forces to investigate and prosecute crimes, such as sexual assault, domestic violence, sexual assault, sexual exploitation, kidnapping, murder, and other related crimes. Those crime victims who had been abused either physically or mentally due to the criminal activity and interested in helping the law enforcement authorities in investigation will benefit from this visa. Around 6,000 U visa petitions were approved by U.S. Citizenship and Immigration Services in fiscal year 2009.

It has been recently proclaimed by U.S. Citizenship and Immigration Services (USCIS) that the Temporary Protected Status (TPS) for eligible EI Salvador nationals will be extended by the Department of Homeland Security (DHS.) The current expiration date of Sept. 9, 2010 has been extended to March 9, 2012.

DHS in collaboration with the Department of State assessed the conditions in EI Salvador last year. The review concluded that the conditions that necessitated the 2001 TPS of EI Salvador as a result of subsequent severe earthquakes still continues. This is temporarily preventing Salvador nationals from returning to their country. Thus Janet Napolitano, Secretary of Homeland Security has arrived at the conclusion that the existing Salvadoran TPS has to be extended for 18 months.

The extension allows individuals who already have a TPS to re-register and extend their status for an additional 18 months. Around 217,000 EI Salvador nationals are eligible for the re-registration. Salvadoran nationals who entered the US after Feb. 13, 2001 cannot benefit from the Temporary Protected Status extension. The re-registration period is between July 9 and Sept. 7, 2010. Salvadoran TPS beneficiaries are obliged to re-register as soon as the re-registration period begins since USCIS requires time to go ahead with background checking and processing.

Eligible TPS beneficiaries will be issued a new Employment Authorization Document (EAD) by USCIS once they re-register and apply for EADs. Also, the validity of existing EADs will automatically be extended for six months until March 9, 2011.

In order to re-register, eligible TPS beneficiaries are required to file the Application for Temporary Protected Status, Form I-821. Form I-765, Application for Employment Authorization has to be filed along with the processing fee by applicants who seek to extend their Employment Authorization Document. Applicants seeking only to re-register for TPS, should still file Form I-765, but need not pay the filing fee.

The last day to file the Temporary Protected Status (TPS) re-registration application by eligible Hondurans and Nicaraguans was July 6, 2010. For those who have not filed for TPS re-registration, U.S. Citizenship and Immigration Services has extended this period and reminded them to follow the late re-registration guidance.

If the applicant has good reason for filing after the re-registration period of his respective country has been closed, a late TPS re-registration application might be accepted by U.S. Citizenship and Immigration Services. Along with the re-registration application, the applicant is also required to submit a letter, explaining his reason for filing late.

Unfortunately, the eligible Hondurans and Nicaraguans, who failed to file a TPS re-registration application on or before July 6, 2010 will lose their TPS benefits, including employment authorization and protection from removal from the United States, if they do not submit the application along with a letter claiming their good cause for filing late.

Tips for filing re-registration application:

• The applicants must file an application for Temporary Protected Status (Form I-821) and an Application for Employment Authorization (Form I-765) with supporting documentation.

• The applicants must file the Form I-765, even when an Employment Authorization Document (EAD) is not requested.

• Correct versions of the forms (Form I-821 dated Oct. 17, 2007 or later, and Form I-765 dated May 27, 2008 or later) must be submitted. U.S. Citizenship and Immigration Services has every right to reject applications if the incorrect version of the form is submitted.

• The forms must be filled out completely and all appropriate boxes must be marked. In Part 1, of Form I-821, applicants are required to mark the box for re-registration or renewal of temporary benefits.

• The appropriate fee(s) must be submitted with the applications. Check or money order must be made payable to the Department of Homeland Security.

TPS re-registrants are requested to know that delay in filing leads to delay in processing and ultimately lead to gaps in employment authorization. Further details on TPS re-registration application for eligible Hondurans and Nicaraguans can be found at uscis.gov

It has been recently announced by U.S. Citizenship and Immigration Services (USCIS) that an additional 180 days will be given to eligible Haitian nationals to apply for their Temporary Protected Status (TPS.) This additional six months is viewed as a response to the earthquake that struck Haiti in the beginning of this year. The new registration closes on January 18, 2011.

USCIS Director Alejandro Mayorkas said that USCIS has arrived at the conclusion that Haitian nationals need some more time to apply for TPS after hearing from the Haitian community leaders and advocates. By extending the registration period, USCIS lets more eligible Haitian nationals to safely stay back in the United States until the catastrophe settles in Haiti.

Haitian nationals who secure a Temporary Protected Status can remain in the United States and can also get authorized to work there during the course of the program. USCIS has taken up many initiatives to let the Haitians know about the benefits and information about the registration process from the time the program was initiated. USCIS is still in the process of encouraging eligible Haitian nationals to file for TPS before the deadline. Applicants who are unable to pay the application fee can request for fee waivers.

During interaction with the public, USCIS could gather several reasons for eligible individual’s failure to apply for their Temporary Protected Status. Few individuals faced difficulty in gathering documents to be submitted for the TPS registration due to the earthquake. Few others could not afford to pay the application fees.

Commencing January 21, 2010, TPS for Haitian nationals was allotted for an 18-month period by Janet Napolitano, Homeland Security Secretary. Haitian nationals who stayed in the United States since January 12, 2010 are only eligible for this designation. Those Haitians who stepped into the United States after Jan. 12, 2010 cannot benefit from this program.

In order to fight against the growing threat of human trafficking, the Secretary of Department of Homeland Security (DHS,) Janet Napolitano has recently launched the “Blue Campaign”. The DHS Blue Campaign has been aimed to combat human trafficking by creating public awareness, training law enforcement forces, and enhancing victim assistance programs.

According to Secretary Napolitano, the Department’s federal, state, local, and tribal law enforcement forces, governments all over the world, communities across the country, and non-profit and non-governmental organizations will share the responsibility of combating human trafficking. She is of the view that the DHS Blue Campaign will bring out the traffickers to justice and help the victims.

John Morton, U.S. Immigration and Customs Enforcement Director, Alan Bersin, U.S. Customs and Border Protection Commissioner, Alejandro Mayorkas, Director U.S. Citizenship and Immigration Services, Ken Keene, Federal Law Enforcement Training Center Deputy Director, and Alice Hill, Senior Counselor to Secretary Napolitano, jointly launched the Blue Campaign to help combat human trafficking and assist the victims.
A set of public outreach tools, including social media, public awareness campaigns, and a new website, www.dhs.gov/humantrafficking has been launched by the Department to aid citizens in recognizing and reporting the incidences of human trafficking.

Apart from the public outreach tools, the DHS Blue Campaign also incorporates initiatives to train law enforcement forces and DHS personnel, improved assistance for victims, and establishment of new partnerships and collaboration between agencies. Additionally, the campaign also includes placement of more victim assistance specialists for law enforcement personnel.

In view of fostering worldwide awareness about human trafficking, the Department has chosen the DHS Blue Campaign’s name and symbol. The symbol reminds us of the “thin blue line” of law enforcement. Further, the symbol combines global anti-human trafficking symbols, the Blue Blindfold and the Blue Heart. The Blue Blindfold symbol was created by the United Kingdom Human Trafficking Center and the Blue Heart, by the United Nations Office of Drugs and Crime.

U.S. Citizenship and Immigration Services (USCIS) has recently published a memo clarifying guidance on O petition validity period. On the basis of the specific period of time that is needed to perform or take part in a particular event, the validity period of the O-1 visa classification is asserted.

While assessing an O-1 petition, the “gap”, the period of time between the scheduled events, is used as a standard to verify whether the schedule corresponds to a single continuous event or separate events. The verification is to determine if the separate events require separate petitions.

There were certain cases where there was a considerable “gap” in between events. This “gap” made adjudicators arrive at the conclusion that a single petition was filed for separate events. The validity period of petitions in such cases will be same as the period of time that is required to complete the initial specific event. The continuous event that has been mentioned in the O-1 petition will not affect the validity period of the petition. A gap of a certain number of days in a schedule does not indicate a new event. According to the regulations, the term, “event”, refers to the tours and multiple appearances.

Owing to the statutory and regulatory background, the length of validity period may be flexible to the requirements of the petitioner. As per the statute and regulations, the validity period of an O-1 petition is not supposed to exceed 3 years. It is the duty of adjudicators to assess the completeness of the evidence. The evidence that has been submitted should be verified if they can be regarded as an “event.” Service Centers ought to approve a petition for the requested period of time once the validity period that has been requested for is confirmed through the submission of evidence.

A national art project for children is being hosted by U.S. Citizenship and Immigration Services (USCIS) throughout the United States. Children are invited to create images that would portray the theme, “We Are America.” The pictures drawn by children are expected to answer the question, “People have come from all over the world to become Americans. Why does that make us great?”

The National Children’s Art Project will be hosted by USCIS in collaboration with public libraries and other community-based organizations that work for America’s immigrant communities in this summer. Submissions for the art project will be displayed in USCIS offices throughout the country. In the 2010 commemoration of the National Day of Service and Remembrance (September 11,2010) the children participants will be recognized.

Children who are aged between 5 and 12 years as of September 11, 2010 can get the submission form for the National Children’s Art Project from the nearest USCIS office. Submission forms can also be downloaded from USCIS.

U.S. Citizenship and Immigration Services requires children to submit their artwork on an 8.5 x 11 or 11 x 17 inch paper. Children can use any medium, including crayons, paint, color pencils, or collage to create their artwork. Accompanying the drawing should be a short paragraph of about 2-3 sentences describing the theme, “We Are America” and answering the question posed. USCIS will accept the entries from June 12, 2010 to August 16, 2010.

A completely overhauled web interface, especially for employers using the E-Verify Program has been released by U.S. Citizenship and Immigration Services (USCIS) after a year’s efforts. The web interface has been redesigned in order to facilitate the employers to have a more organized access to the E-Verify Program.

According to the Director of USCIS, Alejandro Mayorkas, the redesign is one of the ongoing efforts towards enhancing the E-Verify Program. He also said that the new web interface incorporates a new section expanded for customer support in addition to providing employers with a streamlined access to the program. He further added that the E-Verify system redesign corresponds to the USCIS.gov redesign that was launched in September, 2009, proving the efficiency and transparency of USCIS services.

More than 200 pages have been re-constructed to keep the user at ease. The navigation tools have been improved to ensure ease-of-use, significantly reduce errors, and allow immediate verification of those employers who are enrolling in E-Verify Program against commercial data.

In addition, the redesigned E-Verify web interface also includes a new home page with a new “case alerts” feature, enhanced case management, and organized tutorials. In order to make certain that only valid companies enroll in the E-Verify Program and protect their privacy, the new interface masks Social Security numbers.

E-Verify’s commitment to security, customer service, efficiency, and accuracy is evident in the redesigned E-Verify web interface. USCIS’s customer focus and its intention to maximize public’s trust on the program have also been emphasized through the redesign.

The updated tutorial has to be completed by all the current E-verify users. Upon completion, which takes about 20 minutes, the tutorial serves as a guide to the redesigned E-Verify web interface.
USCIS is partnership with the Social Security Administration operates the E-Verify Program. The employment eligibility of the newly hired employees can be verified by the employers through this web-based program.