As of December 21, 2009, USCIS has received sufficient petitions to reach the statutory cap for FY2010. USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2010 that are received after December 21, 2009 USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on December 21, 2009.
Travelers should prepare for the inspection process before arriving at the inspection booth. Individuals should have their crossing documents available for inspection and they should be prepared to declare all items acquired outside the U.S. In compliance with full implementation of the Western Hemisphere Travel Initiative, which commenced June 1, all travelers, including U.S. and Canadian citizens, will need to present documentary proof of citizenship.
These documents include a Passport, U.S. Passport Card, trusted traveler card (NEXUS, SENTRI or FAST) or an Enhanced Drivers License. Children under the age of 16 can present an original or copy of their birth certificate. CBP will remain practical and flexible in its approach to full implementation of the Western Hemisphere Travel Initiative and will continue to educate and inform the traveling public. Please visit the WHTI Web site for additional information. (GetYouHome.gov)
- 45 businesses and 47 individuals debarred;
- 0 businesses and 1 individual were debarred during same period in FY 2008.
- 142 Notices of Intent to Fine (NIF) totaling $15,865,181;
- ICE issued 32 NIFs totaling $2,355,330 in all of FY 2008.
- 45 Final Orders totaling $798,179;
- ICE issued eight Final Orders totaling $196,523 during the same period in FY 2008.
- 1,897 cases initiated;
- ICE initiated 605 cases during the same period in FY 2008.
- 1,069 Form I-9 Inspections;
- ICE initiated 503 Form I-9 Inspections in all of FY 2008.
In July, ICE issued 654 NOIs to businesses nationwide in the largest operation of its kind before today - part of ICE's effort to audit businesses suspected of using illegal labor.
Statistics resulting from the 654 audits announced in July:
- ICE agents reviewed more than 85,000 Form I-9s and identified more than 14,000 suspect documents - approximately 16 percent of the total number reviewed.
- To date, 61 NIFs have been issued, resulting in $2,310,255 in fines. In addition, 267 cases are currently being considered for Notices of Intent to Fine (NIFs).
- ICE closed 326 cases after businesses were found to be in compliance with employment laws or after businesses were served with a Warning Notice in expectation of future compliance.
The audits, however, have resulted in large-scale dismissals at the hands of employers, leaving the government one step removed.
In September, American Apparel, a clothing maker with a large garment factory in downtown Los Angeles, fired about 1,800 immigrant employees — more than a quarter of its work force — after a federal audit turned up irregularities in identity documents the workers presented when they were hired.
It is estimated that 800,000 men, women and children are trafficked around the world each year. These victims are trafficked into the commercial sex trade, and into forced-labor situations. Many of these victims are lured from their homes with false promises of well-paying jobs; instead, they are forced or coerced into prostitution, domestic servitude, farm or factory labor, or other types of forced labor.
ICE is asking for the public's help to remain alert to recognize and identify victims of modern-day slavery who are in our midst. They are domestic servants, sweat-shop employees, sex workers and fruit pickers who were lured here by the promise of prosperity. Ultimately, they are forced to work without pay and are unable to leave their situation. ICE is committed to giving them the help they need to come forward and help us end human trafficking with vigorous enforcement and tough penalties. As a primary mission area, ICE has the overall goal of preventing human trafficking in the United States by prosecuting the traffickers, and rescuing and protecting the victims.
the SAVE Program is an inter-governmental initiative designed to aid benefit-granting agencies in determining an applicant’s immigration status, and thereby ensure that only entitled applicants receive federal, state, or local public benefits and licenses. The Program is an information service for benefit-issuing agencies, institutions, licensing bureaus, and other governmental entities.
The SAVE Program does not make determinations on any applicant's eligibility for a specific benefit or license.
The SAVE Program does not verify status for employment.
an individual who is likely to become “primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.....In determining whether an alien meets this definition for public charge inadmissibility, a number of factors must be considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor - other than the lack of an affidavit of support, if required - will determine whether an individual is a public charge.
Extreme hardship can be demonstrated in many aspects of your spouse or parent’s life such as:
HEALTH - Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in your country, anticipated duration of the treatment; whether a condition is chronic or acute, or long-or short-term.
FINANCIAL CONSIDERATIONS - Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; cost of care for family members (i.e., elderly and infirm parents).
EDUCATION - Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time for grade; availability of special requirements, such as training programs or internships in specific fields.
PERSONAL CONSIDERATIONS - Close relatives in the United States and /or your country; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States.
SPECIAL FACTORS - Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures
OTHER - Any other situation that you feel may help you meet the burden of extreme hardship.
Mr. Smadi, like many tourists who overstay visas, was able to fade easily into society and encountered few barriers to starting a life here, according to court documents and people who know him. He enrolled in high school, obtained a California identification card, landed jobs in two states and rented a string of apartments and houses. He bought at least two used cars, and even procured a handgun and ammunition.The article explains how difficult it is to keep track of whether people depart.
They have not yet found technology to support speedy exit inspections at land borders. And airlines balked at an effort last year by the Bush administration to make them responsible for taking fingerprints and photographs of departing foreigners.At the moment, departing visitors hand over a document called an I-94, to show that they left the US. However, sometimes visitors forget to do this, especially if they depart via land borders. Further, even if they had the resources, immigration officials would have a very difficult time finding the people that intentionally overstay.
A New York Times article suggests that Chicago failed in its bid to host the 2016 Summer Olympics because of tough immigration procedures at airports. The paper reports that Among the toughest questions posed to the Chicago bid team this week in Copenhagen was one that raised the issue of what kind of welcome foreigners would get from airport officials when they arrived in this country to attend the Games. Syed Shahid Ali, an I.O.C. member from Pakistan, in the question-and-answer session following Chicago’s official presentation, pointed out that entering the United States can be “a rather harrowing experience.”The article remarks on how US immigration officials at airports can be extremely difficult and unpleasant, even deterring people from visiting the US. The readers' comments that follow the article are especially interesting. I just scanned the first 50 comments, and almost every one was from a traveler, including US citizens, who hated US customs and border checkpoint.
The US Department of State has announced details of the next round of the Diversity Visa lottery here. The online entry registration period for the DV-2011 lottery is between noon, Eastern Daylight Time (EDT), Friday, October 2, 2009, and noon, Eastern Standard Time (EST) (GMT-5), Monday, November 30, 2009. Entrants apply on Form DS-5501, Electronic Diversity Visa Entry Form available only during the DV open registration period.The new USCIS website provides a one-stop location for immigration services and information—including an innovative service called My Case Status, which allows immigration customers to receive alerts on the status of their applications via text message and e-mail.
Other new features include a Where to Start tool to guide users through the navigation process; a simplified way to track individual case status; local and national case processing times; an improved search engine; and a new Information Dashboard feature allowing users to access national immigration trends associated with immigration petitions and applications.
The site is available in English and in Spanish.
PSMs will provide training to managers and supervisors on customer service issues, they will collect and analyze reports concerning professionalism, and they will promote public awareness of the CBP mission through distribution of public information bulletins, brochures and comment cards; and oversee issues related to travelers requiring special processing.2. Comment Cards.
single point-of-contact for reviewing, responding to, tracking, and addressing all customer complaints and compliments relating to CBP interaction with the general public, travelers, industry, Congress, and other government entities.CPB explains how to make a complaint here, but it is very cumbersome, especially for people who are not familiar with online procedures.
an exercise of prosecutorial discretion not to pursue removal of a particular alien for a particular period. Deferred action is not intended to be a permanent remedy to the “widow penalty,” rather it is a temporary discretionary solution to an issue that is subject to ongoing legislative and judicial actions. The grant of deferred action by USCIS does not confer or alter any immigration status.Until the law is changed to eliminate the widow penalty, deferred action is the best that CIS can do to alleviate the hardship to families.
The Department of Homeland Security (DHS) is offering free 1.5 hour webinars on various dates, covering employer compliance topics. The webinars will include a topic overview, demonstration of the E-Verify system if applicable, and a question and answer session.
USCIS has received significant funding for a substantially increased volume of random site visits to employer petitioners. Over the coming year, many thousands more employers will be visited by USCIS, often unannounced.There were almost 235,000 applications submitted in fiscal 2007, almost 104,000 the following year, and fewer than 36,000 through the first eight months of fiscal 2009, according to data obtained by the AP.One side-effect of the drop in applications is that I-140s are now being processed much faster than before, the report notes.
USCIS resumed Premium Processing (PP) for R-1 religious workers on July 21, 2009. Premium Processing guarantees a decision on the petition in 15 calendar days, for an extra $1000 government filing fee. 
The DHS enforcement division, ICE (Immigration and Customs Enforcement) announced today that it had arrested an Ohio immigration attorney and an associate on charges of marriage fraud.
| Does a nonimmigrant need an SSN to apply for a driver’s license or ID? No. A nonimmigrant does not need an SSN; however, the nonimmigrant will need to apply for a social security number. Follow the instructions on how to apply for a social security card as described on the SSA Web site at http://www.ssa.gov/pubs/10096.html#3. If the nonimmigrant is ineligible for an SSN, he or she will receive a decision letter stating that ineligibility. The nonimmigrant must present this SSA letter when applying at the DMV office to fulfill the SSA requirement. |
One of the biggest areas of concern for foreign nationals now if what happens if they are laid off or find another job before their permanent residence is approved. Under immigration laws, specifically the American Competitiveness in the 21st Century Act (AC21), the US government introduced some job flexibility to foreign nationals with long-pending permanent residence applications.
