Articles Posted in Top Immigration Stories

The Russian government has approved a draft agreement with the United States, which makes it simpler for the two countries’ citizens to obtain visas. It is proposed that the agreement be concluded through the exchange of notes, according to a document posted in the databank of government acts. The same document approves the draft of a Russian note.

The agreement sets out the conditions for issuing visas for short-term official trips, as well as the conditions for issuance of Russian business, private, humanitarian and tourist visas and U.S. B1/B2 visas, the approved draft note said.

The countries’ diplomatic missions and consular departments will normally make the decision about a visa within 15 calendar days from the start of processing, the note said. The period for making a decision on a visa application can be extended in certain cases. At the same time, this period can be reduced to three business days or less in urgent cases.

The parties shall agree to issue normally multiple-entry visas for a stay of no more than six months from the date of each entry and valid for 36 months from the issue date, the draft agreement said. This agreement shall be valid, provided the parties observe the principles of reciprocity.

For short-term official trips, the parties agree to issue mainly multiple-entry visas for a stay of up to three months from the date of each entry and valid for 12 months from the issue date.

When considering a visa application, diplomatic missions may request additional information to confirm the stated purpose of the trip and available funding, the draft document said. A joint recommended list of documents for submitting such information will be agreed by the parties through diplomatic channels, the draft agreement said.

“The provisions of the note do not aim to limit the powers of the competent authorities of either party to refuse a visa, to cancel a visa, to refuse entry or exit to another country’s citizens, or to limit their stay in accordance with the national laws,” the note said.

In the event that this proposal is acceptable for the U.S., the said Russian note and the note sent by the U.S. Embassy in response shall be deemed to constitute an agreement simplifying visa formalities, which will become effective within 30 days from the date of receipt through diplomatic channels of the last written notice about completion of internal procedures, the Russian Foreign Ministry said.

As a result of public input during recent outreach sessions in the CNMI, U.S. Citizenship and Immigration Services issued Thursday the procedures and requirements that will now allow foreign workers applying for H-1B and other nonimmigrant classification to remain in the CNMI and continue working while awaiting a decision on their application.

Without this welcome relief from USCIS, foreign workers being petitioned for H-1B or other Immigration and Nationality Act classification by their employers need to exit the CNMI if the Form I-129 petition has not been adjudicated by Nov. 27.

Examples of nonimmigrant classifications for which an I-129 petition may be filed include H-1B specialty occupation, E-1 treaty trader, E-2 investor, L-1 intra-company transferee and R religious worker.

Douglas Brennan, president of the Saipan Chamber of Commerce, said yesterday that the largest business organization in the CNMI “gladly accepts this change in practice by USCIS.”
Brennan, general manager of Microl Corp., said many employers “were extremely concerned with having to exit their specialized personnel if their visa applications had not been processed by Nov. 28, 2011.”
“Some of our educational institutions would have had to literally remove teachers from their classrooms mid-term, so this is welcome news,” Brennan said when asked for comment on the matter.

Richard Pierce, the Chamber’s executive director, said “as USCIS administers the new system from California, where petitions are adjudicated, and Hawaii, where enforcement offices are stationed, it’s rare to see where the district director can effectuate changes from what he’s gathered here in the CNMI.”
“Makes you almost wish there was a permanent presence in the CNMI,” he told Saipan Tribune.

Only those whose Form I-129 petition for nonimmigrant worker was filed before Nov. 28, 2011, may apply for parole and an employment authorization document, or EAD.

Parole will allow the foreign worker with pending H1-B and other INA classification application to remain in the CNMI.

There is no filing fee to apply for parole in this situation.

EAD will allow them to continue working while their application is still pending.

There is a filing fee of $380 for the I-765 request for employment authorization.

If granted, parole and employment authorization document, or EAD, in these instances generally will be valid for 120 days.

Pierce also said the Chamber spent considerable time with USCIS acting deputy chief counsel Philip B. Busch discussing this oversight by USCIS.

“He reported they had not even considered the implications where enough time was not available to process H-1B applicants so as to avoid exiting current employees from the CNMI. We’re satisfied there has been a decision based upon those exchanges we had on Sept. 21st,” Pierce added.

USCIS district director David Gulick told Chamber members and guests on Wednesday about the agency’s plan to consider allowing those with pending H-1B, R-1 and L-1 applications to remain in the CNMI and continue working here.

At the time, Gulick said the procedures were still being finalized. USCIS issued the requirements and procedures on Thursday, along with a question-and-answer. Back in September during the outreach sessions, USCIS officials said those whose petitions for INA classification have yet to be adjudicated by Nov. 27 will need to exit the CNMI unless they are paroled. And even if they have parole status after Nov. 27, they could not work.

But USCIS developed an approach in response to input received from the public during USCIS outreach sessions in the last two weeks of September.

Employers and workers were concerned that businesses would have to close if the benefiting employees had to leave the CNMI to await decisions on their employer’s I-129 petitions.

“There was particular concern about a negative impact on schools and hospitals,” USCIS said.

USCIS said it also recognizes that it is important to support movement into regular employment-based nonimmigrant categories under the INA, as that is the ultimate goal of the CNMI transition to federal immigration law.

“A continuing employment provision in the CW transitional worker final rule allowed this convenience for workers who are being petitioned for CW-1, but there are no equivalent special regulatory provisions for those under INA categories,” it added.

Effective October 6, 2011, the Source Country class has been repealed. This means that individuals can no longer apply for resettlement to Canada under the Source Country class.

As part of the measures taken to repeal the Source Country class, Canada will also be ending direct access in designated geographic areas as of November 5, 2011. This means that applicants in the countries listed below will be required, as of November 5, to include a referral from the United Nations High Commissioner for Refugees, a designated referral organization or a private sponsor with their resettlement application in order to be eligible for resettlement.

These changes apply to people residing in the following countries:
– DR Congo Nairobi, Kenya
– Sudan Cairo, Egypt
– El Salvador Guatemala City, Guatemala
– Guatemala Guatemala City, Guatemala
– Colombia Bogota, Colombia
– Sierra Leone Accra, Ghana

The Minister of Foreign Affairs, Ambassador Olugbenga Ashiru has reassured that the Nigeria Consulate in San Francisco, California will be reopened next year. Ashiru gave the assurance on Wednesday night at a town hall meeting with Nigerians in the Diaspora during his first official visit to the Nigeria embassy in Washington D.C.

“By next year we will reopen the consulate in San Francisco; lucky enough we have a building there owned by the federal government. I have already told the ambassador to renovate the property in time for reopening of the consulate,’’ he said.

The consulate in San Francisco was closed in the 80s because of rationalisation of foreign missions carried out by the then government. The Minister also informed the gathering that foreign mission and consulates are being repositioned for effective service.

He stressed the need for Foreign Service officers to spend “more time with investors’’ with a view to attracting more investment to Nigeria. “The first priority is to take care of Nigerians resident in their host country, we believe that Nigerians deserve the best and they should be so treated,’’ he said, adding that “foreign policy must be relevant to the ordinary people.”

Ukrainian Foreign Minister Kostiantyn Hryshchenko predicts that, with the current momentum of dialogue and constant demands, Ukraine’s visa-free regime with the European Union is possible in 2-3 years.

Responding to a question about when Ukraine will be able to get visa-free regime with the EU, Hryshchenko noted that this could happen “in 2-3 years if the current dynamics of dialogue is maintained and the requirements that are put forward for visa-free regime do not materially change.”

The visa processing time for Chinese, Brazilians and Indians may be shortened to 30 days, said a U.S. tourism official on Monday.

“The U.S. Senate just introduced a legislation last week to bring the waiting time (for a visa) to under 30 days,” Roger Dow, president and CEO of U.S. Travel Association (USTA), told Xinhua at an annual China-U.S. tourism leadership summit on Big Island, Hawaii.

“Specifically they are looking at China and taking a look at the feasibility of not having a face-to-face interview,” Dow said.

Reports said the Senate held a meeting on Wednesday to consider a State Department funding bill that would require the department to hire sufficient staff in China, Brazil and India to allow visa applications to be processed in no more than 30 days.

Shao Qiwei, chairman of China’s National Tourism Administration, said China and the United States are working together to improve the efficiency of visa issuance.

Since the signing of the Memorandum of Understanding in 2007 that aimed to bring more customers to the U.S. tourism industry by facilitating group leisure travel from China to the United States and permit U.S. destinations to market themselves in China, the two countries have seen significant growth in this market, Shao said.

The three-day summit opening Monday is designed to build business through creating relationships and knowledge of both the Chinese and U.S. markets. Members of USTA and the China National Tourism Association, including more than 70 regional tourism officials from the United States and China, attended the meeting.

U.S. Citizenship and Immigration Services (USCIS) seeks public comments on a proposed rule published in the Federal Register today that would enable USCIS to process certain applications approved between 1995 and 1998 by immigrant investors under the fifth preference employment-based immigrant visa classification, also known as EB-5.

The proposed rule would implement provisions of the 21st Century Department of Justice Appropriations Authorization Act. These provisions apply to a group of immigrant investors who had a Form I-526, Immigrant Petition by Alien Entrepreneur, approved between Jan. 1, 1995, and Aug. 31, 1998.

Specifically, the rule would enable USCIS to process cases for approximately 580 principal immigrant investors and their dependents whose Forms I-526 were approved during the period described above and who, prior to Nov. 2, 2002, sought to:
Register for permanent residence or adjust their status (using Form I-485); or
Remove conditions on permanent residence obtained as an alien entrepreneur (using Form I-829).

The processes outlined in the proposed rule would provide an additional two-year period for most of these immigrant investors to meet the EB-5 investment and job-creation requirements. This rule would not impact any other applications or petitions filed under the EB-5 program.

EB-5 visas are available to immigrants seeking to enter the United States to invest capital in a commercial enterprise that will create at least 10 full-time jobs for qualifying U.S. workers. The public has 60 days—from Sept. 28 to Nov. 28, 2011—to submit comments on this proposal, which is available for review at www.regulations.gov.

The U.S. immigration agency is enforcing a new set of rules that can make life harder for Americans and their non-citizen spouses living overseas.

The new process of obtaining an immigrant visa increased from three months to a minimum of five. Sometimes it may take as long as three years, The New York Times reported on Aug. 14.

Ukraine is no exception. Americans married to Ukrainians residing in their home country will have to go through a long and complicated visa process if they decide to leave. The U.S. Embassy in Ukraine estimates that the rule will affect approximately 5,000 Americans internationally.

In an effort to centralize the process, the U.S. Department of Homeland Security now requires applicants abroad to mail the visa document called I-130 to a central immigration office in Chicago, whereas before it was enough to contact a local consulate.

The U.S. Department of Labor’s Employment and Training Administration today announced a 60-day postponement of the effective date for the final rule concerning the wage methodology for the temporary nonagricultural employment H-2B program. The delay will permit the various courts involved in ongoing litigation surrounding the implementation of the rule to determine the appropriate venue for the resolution of all claims and allow the department to avoid the possibility of administering the H-2B program under potentially conflicting court orders.

In consideration of these pending challenges, the department determined under Section 705 of the Administrative Procedure Act that the interest of justice would be served by postponing the effective date of the rule from Sept. 30, 2011, until Nov. 30, 2011. A Federal Register notice to that effect will be published next week.

The H-2B program allows the entry of foreign workers into the U.S. when qualified U.S. workers are not available and the employment of foreign workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. The H-2B program is limited by law to a cap of 66,000 visas per year.

The department published a final rule on Jan. 19, 2011, that revised the wage methodology for the H-2B program and set the effective date of the wage rule as Jan. 1, 2012. On June 16, 2011, in response to a challenge, the U.S. District Court for the Eastern District of Pennsylvania invalidated that date and ordered the department to announce a new effective date within 45 days.

In response to that court’s order, the department issued a notice of proposed rulemaking on June 28, 2011, which proposed that the wage rule take effect 60 days from the date of publication of a final rule. After a period of public comment, the department published a final rule on Aug. 1, 2011, which set the new effective date for the wage rule as Sept. 30, 2011, without altering the substance of the rule.

Britain could be the first country in the European Union that will introduce passports which do not contain details of the holder’s sex. The move has been proposed because some people have not yet decided whether they are male or female. This is a cause for worry for them at the airports’ border control.

The Liberal Democrats party that has lost its supporters is seems to have invented a method to leave its trace in the country’s history. The coalition government decided to introduce amendments to the passports of Britons on the initiative of the Liberal Democrats.

The citizens of Britain are issued dark red passports, which are like the Russian ones in colour, to travel abroad. Like in passports of all European states, it also has notification of the holder’s sex. Politicians insist on abolishing this information. The column “sex” will remain but instead of M for male and F for female there will be simply a cross. The Liberal Democrats believe this move will defend the rights of people who are undergoing a sex change operation or who have both male and female sexual organs. These people have to inscribe all these intimate details to border guards, who sometimes cannot grasp how this is possible when a woman is standing before them and hands over her passport with a photograph of a male. Although the number of such people is not so high, the Liberal Democrats suggest introducing a gender-free passport for all citizens unexceptionally.

Some officials of the Home Office oppose the move saying that the British border guards, who are working under constant tension owing to terrorist threats in the country, will have to do additional work with the identification of the personality. However, the supporters of the new move insist that details of the passport holder’s sex are not important at all. They point to the identity card issued to all British servicemen, which contains all details of its holder but no information about the holder’s gender.

According to the Home Office officials, no final decision has been taken yet about the amendments to the passport.

In fact, they will have an opportunity to study how this innovation has materialized in the former British colony, Australia. The holder of an Australian passport can write x – unidentified gender on the column of sex or ordinary identification male or female. This is a responsibility of a citizen and his physician because surgery to change the sex is unnecessary to make amendments to passport details. According to the clergy, the innovation not only defies Divine law but also commonsense.