Resources on Revised I-693 Medical Exam Policy
As of June 1, 2014, USCIS requires that Form I-693 (Report of Medical Examination and Vaccination Record) must be submitted within one year of completion and signature by the civil surgeon. The form will be valid for one year after submission. In addition, the medical examination form is no longer required as “initial evidence” during filing for immigration benefit application. USCIS encourages applicants who do not file the medical examination form concurrently to wait until the form is requested by either a formal Request for Evidence (RFE) or through a notice from USCIS. See the USCIS Policy Manual for a complete overview of Form I-693.
New Research: Immigrants Increasingly Important to U.S. Science & Engineering
The National Foundation for American Policy (NFAP), a Virginia-based policy research group, has released a report exploring the influence of skilled immigrant workers and researchers in the U.S.’s innovation industries. The report states that since the last wave of major immigration reform in the 1960s, immigrant contributions in science, engineering, technology, and other niche fields have increased exponentially. H-1B temporary visas, which allow skilled foreign nationals to work in the U.S., have been a source of frustration for employers in these industries. The relatively low H-1B visa quota is consistently exhausted every year, leaving many skilled immigrants waiting six to ten years for permanent residency options.
NFAP’s report draws attention to some of the issues with congress’ proposed immigration reform legislation. Both the House and Senate bills (HR 2131 and S 744 respectively) include measures on H-1B visas that would require much higher wages for foreign workers than for their U.S. counterparts. The Senate’s bill would grant the Department of Labor almost unlimited investigative authority and mandate “good faith recruitment,” which may be too ambiguous a requirement to procure employer compliance. In addition, the report states that a series of specific measures in the bills (including higher fees, limitations on new H-1B and L-1 petitions, and the barring of off-site employer work and research for U.S. clients) likely violate U.S. commitments under the General Agreement on Trade in Services (GATS).
To resolve some of the aforementioned issues, NFAP’s report suggests that:
- Congress should approve the House’s less-restrictive approach to H-1B visas while changing an included requirement that foreign nationals receive higher pay than their U.S. counterparts
- Congress should adopt the Senate’s expansion of the green card program, effectively eliminating current backlogs
- Congress should combine the “best” elements of House and Senate proposals on immigrant entrepreneur visas, with particular attention to the S 744 provision permitting renewable temporary status for foreign-born entrepreneurs
U.S. Diplomatic Mission to Nigeria Announces Expanded Drop Box Visa Renewal Program
As of June 9, 2014 the expanded DHL Drop Box Visa Renewal Program for Nigerians will cover B1/B2 visas that have expired no more than two years prior to reissuance, as well as F, L, and H visas that have expired no more than one year prior to reissuance. Qualifying applicants will be prompted to print a letter confirming eligibility on the CGI appointment website. Applicants should their letter, passport, application confirmation sheet, passport photos, visa fee receipt, and any other appropriate documents to a DHL facility in either Abuja or Lagos. Processing takes 7-10 days. Visa issuance is not guaranteed through this program, and applicants may still be called in for an interview with the consulate by individual request.
DOS Alert: Availability of Visa Numbers for EB-3 China
As of May 9, 2014, the DOS has stopped authorizing visa numbers for EB-3 China cases with priority dates current for May (October, 2012), but will retrogress six years in June (October 1, 2006). Cases for which USCIS has requested a visa number but have not yet been authorized by the Department of State will be placed in a “pending” demand file. These pending files will be automatically authorized when the China EB-3 cut-off date advances beyond the applicant’s priority date. USCIS will then adjudicate the case to completion.
The Department of State will continue to authorize visa numbers for cases with priority dates earlier than October 1, 2006.
USCIS releases revised Form I-821, Application for Temporary Protected Status
As part of a form improvement initiative, United States Citizenship and Immigration released a revised, more user-friendly Form I-821, Application for Temporary Protected Status. The revised form is available for use now. Previous version of the form – from 11/23/2010 and 10/17/2007 – will no longer be accepted after July 31, 2014.
USCIS Opens New Office in Baltimore, Maryland
U.S. Citizenship and Immigration opened the doors to its new immigration benefits office in Baltimore, Maryland on Friday, May 30, 2014. The new immigration-benefits office will offer a wide range of services, including both naturalization interviews and permanent resident processing, to approximately 40,000 Marylanders annually.
http://www.washingtontimes.com/news/2014/may/30/new-baltimore-immigration-services-office-to-open/
Bible College President Held on $250,000 Bond for Exploiting Foreign Students
Reginald Wayne Miller’s bond has been set at $250,000 for felony charges of forced labor against foreign students enrolled at Cathedral Bible College in Marion, SC. Miller, the founder of the school, allegedly threatened to revoke his foreign student’s visas if they did not meet his demands for labor.
Homeland Security investigators interviewed eight of Miller’s students from Cathedral Bible College. They reported substandard living conditions and sham classes that served only as a cover for Miller’s exploitation of student labor. Miller promised students $100 a week for participation in an academically relevant work-study program; however, even though federal law limits students to 20 hours of work-study hours per week, students reported seeing as little as $25/week for upwards of 32 hours of work both on campus and in Miller’s own residence. If Miller’s foreign students did not meet his standards, he threatened to report a violation of their visa terms through the SEVIS program. Miller is the only Cathedral Bible School official with access to SEVIS.
The maximum sentence for a felony forced labor charge is 20 years per violation. Miller’s access to SEVIS has been revoked and he will be put on home detention with an electronic monitoring device. Prosecutors in the ongoing investigation expect that there are more victims than have been accounted for.
http://www.thestate.com/2014/05/23/3463641/bond-set-at-250000-for-wayne-miller.html
Afghan Translators and Intellectuals Moving to the U.S.
In the last seven years, over 1,000 Afghan translators and intellectuals targeted by the Taliban have immigrated to the U.S. through a special immigrant visa program. As Afghans are already competing for a limited number of visas, the scheduled expiration of the SIV program in October will make it even more difficult to immigrate to the United States. Many are pushing the State Department to prioritize the program so that Afghan nationals may continue to find safety and peace in the United States. If Congress does not act by October, it will be almost impossible for many Afghan translators and intellectuals without family in the U.S. to obtain visas for safe and legal entry into the country.
DACA Recipients May File for Two-Year Extension
On June 5th, Homeland Security Secretary Jeh Johnson announced that DACA (Deferred Action for Childhood Arrivals) recipients may now file for a two-year extension.
In 2012, President Obama announced the renewal of the Deferred Action of Childhood Arrivals program. Though it does not grant legal status, the DACA program grants temporary work permits and two-year deportation deferrals to qualifying illegal immigrants who entered the country as children. The first DACA permits will expire in September 2014 and extension applications are now being accepted.
Republicans opposing the extension fear that DACA renewals will detract government attention away from immigrants trying to enter the country legally. The DACA program and its extension are part of a larger effort by President Obama to overhaul current immigration laws. According to anonymous officials, the White House is interested in slowing deportation of immigrants with children in the U.S. and immigrants who do not pose a threat to public safety. In defense of a bill that was approved by the Senate last year, President Obama is pushing for the legalization of the reported 11 million immigrants living illegally in the United States. The immigration reform bill is awaiting vote by the Republican-led House.
http://www.latimes.com/nation/la-na-immigration-daca-20140606-story.html
U.S. Consulate in Osaka-Kobe Not Accepting E-1/E-2 Visa Interviews Until September
The Department of State announced that due to staff shortages, the U.S. Consulate in Osaka-Kobe will not be accepting E-1/E-2 visa appointments from 6/1 to 8/13. Drop-box and mail-in renewal cases will be processed as usual, but any E-visa interviews during that time will take place at the U.S. Embassy in Tokyo or the Consulate in Fukuoka. Normal E-visa interview processing at the Osaka-Kobe Consulate will resume on 9/1.
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