Department of Labor (DOL) announced in an October 28th meeting with representatives from the American Council on International Personnel (ACIP), the American Immigration Lawyers Association (AILA) and other groups that it has been transitioning to a new contractor, and expects the change to result in both better PERM case processing and increased efforts to ensure program compliance. Employers should be aware that there could be some temporary processing slowdowns during the transition.

DOL further stated that PERM program users could soon see improvements in customer service, but should also expect more frequent audits and increased use of supervised recruitment.

DOL additionally disclosed that a new version of the PERM application, Form ETA 9089, is expected to go live in the near future and that the revised form will be fully integrated into DOL’s online iCERT portal.  In other PERM news, agency officials noted that the labor certification backlog was cut in half in Fiscal Year 2010, and there were general improvements in processing times overall. Enhancements are expected to the iCERT portal and in labor condition application (LCA) processing.  As of September 30th, the agency was working on non-audited cases that were filed in July 2010 and audited cases filed in August 2008.

Immigration Solutions will continue to report on  developments from the Department of Labor as they are released.

Senate Dems Robert Menendez (NJ) and Patrick Leahy (VT) introduced the CIR Act of 2010 that proposes major  overhaul to the immigration system, making changes in employment and family-based programs with enhancements to I-9 (employment eligibility verification) employer obligations.  Most feel that this will not be the avenue by which CIR is accomplished, but that many of its ideas, including those int the CIR ASAP Bill that was introduced by Luis Gutierrez (D/IL) and the REPAIR proposal introduced by Senators Schumer (D-NY) and Lindsey Graham (R-SC) earlier this year, will all be considered when Congress decides to get serious about tackling immigration reform and actually start debating the issues.

The Bill does propose the creation of an Immigration Commission that would have authority to recommend yearly NIV and IV numerical limits.

The Bill proposes changes to the H-1B program by requiring employers to post the job opening on a new DOL website.  Employer with 50 or more employees would be prohibited from petitioning for additional H-1B workers if their workforce was comprised of more than 50% H-1B and L-1 workers, excluding those who are the beneficiaries of a pending or approved labor certification or employer-based immigrant petition.  Additionally, employers would be prohibited from placing H-1B workers at a 3rd party site, unless the worker was primarily supervised and controlled by the petitioner/employer.

DOL would be charged with additional authority to review LCA’s for fraud or misrepresentation and would have up to 14 days to certify an LCA (makes one wonder if we’d ever get a case out the door!)  with additional authority to investigate complaints against H-1B employers and to conduct employer H-1B compliance audits.  This is yet another reminder to employers to make sure that their Public Access Files are in order and that they are working with immigration attorneys who provide them with PAF files and overall compliance guidance and training.

Proposed changes to the L-1 Program would include requiring employers to offer L-1 employees insurance and other benefits on the same basis as that offered to US workers.  Increasing restrictions would be imposed on “new office” L-1 petitions and would require DHS to submit a report to Congress on L-1Blanket use.  On the positive side, the bill wold provide some relief for small employers seeking L-1A status for foreign nationals.  It would forbid adjudicators from using the small size of an L-1 employer as a negative factor in executive or managerial eligibility for L-1A status, but would increase DHS authority to investigate complaints against L-1 employers and impose new penalties upon employers who violate L-1 regs.

*** (Relief for Registered Nurses) *** — The Bill proposes to create a new H-2C temporary, nonimmigrant visa for occupations for which there is a shortage of American labor.  The initial H-2C visa would be valid for three years and renewed for three more years. With some exceptions, an H-2C visa could be revoked if the visa holder has been unemployed for more than 60 days.  After 4 years, an H-2C non-immigrant may file an application for adjustment of status, provided that he/she has been continuously employed, establishes progress toward civics and English proficiency, meets all criminal and other background checks and pays additional fines and fees.

There is a proposal to include a new H-1C program for lesser-skilled workers with job offers from US employers, and the creation of a premium processing program for administrative appeals of employment-based immigrant petition denials.

Relief for Undocumented Immigrants: Creates a provisional legal status, Lawful Prospective Immigrant (LPI), for undocumented immigrants who are present in the U.S. as of September 30, 2010, register with the government, have never committed a serious crime, and are otherwise admissible to the United States.  LPI status will be initially valid for four years, with the possibility of extensions.  LPI status confers work and travel authorization.  After six years in LPI/LPID status, an applicant may apply to become a lawful permanent resident, provided he or she continues to meet all eligibility requirements, including renewed biometrics and background and security checks, and also establishes basic citizenship and English skills, payment of all taxes, and compliance with Selective Service registration.

Employment-based Immigrant Petitions: The bill would recapture unused employment and family-based visa numbers from 1992 to 2007, and implement for future years  that unusued immigrant visa numbers roll over each fiscal year including the base amount of 140,000 –  plus numbers from 1992-2007 – and any unusued numbers from the previous year.  Those with approved visa petitions who are subject to wait times would be eligible to apply for AOS upon payment of an additional $500 filing fee and would be entitled to 3-year EADs and travel documents.  Those with pending immigrant visa petitions would be eligible to apply for AOS at the discretion of DHS.

We link to a complete summary of the CIR Reform Act from Immigration Policy Center.

Immigration Solutions will continue to update and report on any and all CIR issues as they arise.

1. Want to stay in touch?  The InFOCUS Immigration Solutions August newsletter is available for your viewing here.
2. We link to an interesting letter to President Obama on Immigration Reform that says it all very well
3. USCIS to permit EAD (Employment Authorization Documents) to be expedited through the Nebraska Service Center (NSC) if they have been p ending for more than 60 days under particular circumstances.  Please contact our office for more information on this should you require assistance with expediting your case.
4. Department of State announces that they will phase in the implementation of an online, electronic Immigrant Visa form, the DS-260 that will eventually replace the DS-230 form. Federal Register 75 FR 45475.
5. Just yesterday, the US Senate passed a border security spending bill containing a provision that will be paid for by increasing fees for employers that have a large H-1B or L-1 foreign worker presence in their workforce. Specifically, the bill would increase total filing and fraud prevention fees by an incredible $2000 or more for petitioners with a U.S. workforce of more than 50 percent H-1B or L-1 nonimmigrants. The provision would be applicable to employers with 50 or more employees in the United States. The bill would also provide $600 million in emergency funds to increase security along our borders with Mexico by hiring more than new 1,000 border patrol and immigration enforcement officers, and increasing unmanned drone surveillance operations in the region.  For more on this
6. The USCIS will start receiving email inquiries on I-90 and N-400 forms if the wait time has exceeded the designated processing times.
7. The Department of Labor (DOL) bans the Asian Journal from the H-1B Program and agrees to pay $516, 500 in back pay to 32 employees plus a $40,000 penalty.

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Immigration Solutions has thousands of worldwide subscribers interested in our news and services who are visiting our website and Blog daily.  We invite you to take advantage of this additional targeted exposure and strongly consider advertising your product or service with us.  Contact us through our website or give us a call to discuss your needs and advertising requirements.  We’ll walk you through a very affordable process that will give you the extra edge that you’re looking for.

We have received many emails and telephone calls regarding the new position taken by the CA Board of Nursing that now requires that an RN have a work authorized social security number in order to apply for licensure.

There is a general misunderstanding concerning this issue; namely, there are social security cards that are issued for identification purposes that do not permit work – and there are SS cards that permit work and are annotated with work authorization.

There are 3 types of Social Security Cards:

1) Unrestricted Social Security Card:  If you are a US citizen or a permanent resident, you are permitted to work with any US employer without permission from a government agency.

2) Restricted Card:  This social security card has an annotation: VALID FOR WORK WITH  USCIS AUTHORIZATION.  This type of card is issued to temporary visa holders such as H-1B, TN, E-3 or L-1 who are working for a US sponsoring employer.  Note that H-4 visa holders are not eligible to obtain a Social Security Number and cannot be employed, but can hold a driver’s license, open bank account(s) and obtain ITIN (see below) for IRS Tax purposes.

3) A Non-Work Social Security Card: This card has the annotation NOT VALID FOR EMPLOYMENT. This card is issued on a limited basis in certain types of situations such as in order to receive federal, state or locally funded benefits or if a state requires it to receive public assistance.

What is an ITIN number? ITIN numbers are for IRS identification and tax purposes and do not authorize work or provide social security benefits.  For more information:  http://www.irs.gov/individuals/article/0,,id=96287,00.html

What is an EIN Number? EIN numbers, also known as FEIN (Federal Employer Identification Numbers) or TIN (Tax Identification Numbers), are issued by the IRS to employers operating in the USA for identification purposes.  In essence, it is the corporate equivalent to a social security number.  It is issued to individual business owners for identification purposes and for paying withholding taxes on their employees.  For more information:  http://www.irs.gov/businesses/small/article/0,,id=98350,00.html

Applying for Permanent Residency:  If you have a pending permanent residency case (I-485) and are in the USA and have filed and received approval of an I-765 Application for Employment Authorization, you can obtain a social security number for work purposes while you case is pending approval.

Consular Processing your Immigrant Visa:  If you have processed your immigrant visa (green-card) outside the USA at a US Consulate, you are entitled to apply for a work authorized SSN card upon entry to the USA.

If you are a Student: If you are an F-1 student who has completed a course of study, USCIS will grant temporary work authorization or training directly related to your course of study.  Optional Practical Training (OPT) can be authorized pre or post-completion of studies. The on-campus Designated Student Officer (DSO) will assist with the application process.  We link to more information concerning OPT.

How to apply for OPT:  http://www.ice.gov/sevis/students/opt.htm Fact Sheet:  http://www.ice.gov/sevis/factsheet/061404emp_fs.htm

Other Resources:

►  To locate a Social Security Office in your area

►  Applying for a Driver’s License

►  Student Fact Sheet on Obtaining an SSN

We have recommended that RN licensure be obtained through states that do not require the above SSN Restricted Card requirements such as NV, TX or AZ.  If your job offer is in the state of California, following approval of your immigration case, you will be permitted to endorse your licensure over to CA.  It is important not to let your CA licensure lapse (expire), otherwise you will be required to re-take the NCLEX exam.  Give yourself plenty of time to endorse to another state if CA will not grant an extension of your current licensure.

Should you wish to consult with our office regarding this matter or any other immigration related issues, please contact our office.

The most significant movement in the EB (employment-based) Visa Bulletin for July 2010 is that the India EB-2 classification for professionals with Advanced Degrees or persons of Exceptional Ability advanced 8 months – from February 1, 2005 to October 1, 2005.

Further, the Department of State released some “best case scenario” predictions of where the Visa Bulletin dates might be at the end of fiscal year 2011,  (as of October 1, 2010) as follows:

Employment First: Current
Employment Second:  China and India: March or April 2006

Employment Third:

Worldwide: June through September 2004
China: October through December 2003
India: February 2002
Mexico: Unavailable
Philippines: June through September 2004

If this comes to pass, these predictions represent significant movement forward for many of the categories. We link to the July Bulletin here, and will continue to keep you updated.

Here is the current bulletin for June.  We additionally link to one of our earlier Immigration Solutions articles that explains how to interpret the Visa Bulletin.

As reported in the Washington Post 5/24/2010

Democrats crafting an overhaul of U.S. immigration laws are bringing a new approach to a long-stalled debate: giving a federal commission some power over the future flow of legal foreign workers.

Senate Democratic leaders are drafting a measure to authorize a commission to recommend levels of employment-based visas and green cards that let immigrants work legally in the United States. The plan would require Congress, in certain cases, to vote when immigrant labor is deemed out of line with demand. Although the commission would have limited influence over the skilled-immigrant market for technology and other industries, it would have a major role in regulating low-skilled foreign labor.

The commission idea originally came from Ray Marshall, Labor Secretary under President Jimmy Carter. The United States needs a nonpartisan panel that would use “rigorous” data analysis in its decisions, Marshall said in an interview.

The idea is another example of lawmakers showing a willingness to relinquish decision-making to commissions on issues that include reducing the federal debt, Iraq war policy and curbing Medicare costs.

“It’s the ultimate expression for the need for political cover,” said Ross Baker, a political science professor at Rutgers University.

Legislation being drafted by Sen. Charles E. Schumer (D-N.Y.) and Senate Majority Leader Harry M. Reid (D-Nev.) is expected to take a different tack, said a Schumer aide, who spoke on the condition of anonymity. The panel they envision would have a stronger role in deciding immigrant-worker levels in lower-skilled occupations — such as hotel and restaurant jobs — than in higher-skilled ones.

We’ll see how all this plays out and will continue to report on any and all immigration reform measures.

If you’re an employer that despite your efforts to hire US workers, must rely on foreign workers to grow your business, sign this petition and send it to your representatives and then pass the link along.

USCIS today announced that it has revised the Employment Authorization Document (EAD), or Form I-766, to incorporate the addition of a machine-readable zone on the back of the card.

This update to the EAD is part of USCIS’s ongoing efforts to deter immigration fraud. Starting May 11, USCIS began issuing the revised EAD cards. The machine-readable zone is compliant with International Civil Aviation Organization standards. USCIS also removed the two-dimensional bar code on the backside of the card and moved the informational box of text to just beneath the magnetic stripe on the card.  The revised card retains all of its existing security features.

These revisions are the result of extensive collaboration among Department of Homeland Security components, particularly U.S. Immigration and Custom Enforcement, Customs and Border Protection and USCIS.  For more information on employment authorization, travel documents and other immigration benefits, visit www.uscis.gov or call USCIS¿s National Customer Service Center at 1-800-375-5283.

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New Consular Visa Fees to Start June 4, 2010

The US Department of State announced new fees for visa applications, starting on June 4, 2010. The rule establishes a tiered structure with separate fees for different nonimmigrant visa categories. Examples of the new fees include:

include:

• $140 fee for applicants for all visas that are not petition-based, including B1/B2 tourist and business visitor visas and all student and exchange visitor (F, M and J) visas, will pay a fee of $140.
• $150 fee for petition-based visas, including L, H, O, P, Q and R visas
• $350 for K-1 (fiancee) visas
• $390 for E visas.

U.S. Citizenship and Immigration Services (USCIS) announced today that it has redesigned the Permanent Resident Card commonly known as the  Green Card to incorporate several major new security features.  State-of-the-art technology is supposed to prevent counterfeiting, obstruct tampering, and facilitate quick and accurate authentication of the card.  Beginning today, USCIS will issue all Green Cards in a new, more secure format.  We link to the new card

Here is some additional information regarding the card with FAQ’s released 5/17/2010.

As reported in Workforce Magazine

The lack of opportunities in the U.S. plus burgeoning business opportunities on their home turf are causing foreign workers to return to their native lands. Experts warn that the shift will force domestic firms to compete with their one-time workforce as they open their own companies in their native countries.

A 2009 survey by financial firm HSBC revealed that 23 percent of expats in the United States and 44 percent in the United Kingdom were considering going home because of the global economy. Although they originate from several countries, these expats from the U.S. and U.K. cited limited career prospects as the top reason for returning home.

Back in the U.S., the story is particularly startling, with one expert contending that the tide of expats heading home has reached historic proportions.

“For the first time in American history, expats are leaving,” says Vivek Wadhwa, senior research associate with the Labor and Worklife Program at Harvard Law School. “For the last decade or so, there’s been a massive outflux of talent, particularly to India and China. These are typically skilled professionals in the prime of their careers.”

Wadhwa says between 50,000 and 75,000 Indian and Chinese professionals went back home in the last 20 years. Those numbers will soon more than double.

“There will be another 100,000 to India and 100,000 to China in the next five years,” he says. “These people are driving innovations in their home countries that will become competitors to America.”

A shortage of green cards is a major cause for Indians and Chinese, as well as Brazilians and Russians, to return home. “We have a 10-year backlog for green cards,” Wadhwa says. “There are more than one million skilled immigrants—about 35 percent Indian and 25 percent Chinese—who are waiting.

“When we start seeing the next Google coming out of India and China, and people realize these advances are coming from former expats, that’s when the alarm bells will go off,” Wadhwa says.

Many of these expats would like to stay, says Lynn Shotwell, executive director of the American Council on International Personnel, an organization advocating improved business immigration policies.

“The perception is that if we really wanted to change things, we would,” she says. “The question is, are we losing our edge? The ability to attract the best and brightest from around the world was always a big strength for the U.S. Now we’re pulling up the welcome mat.”

Thanks to the recession, companies are evaluating the costs of international assignments and the need to bring expatriates home. . “Before, companies felt they needed to send people [abroad] to open markets and transfer technology and culture,” says Scott Sullivan, executive vice president of Brookfield Global Relocation Services, an international, full-service relocation company. “Now there are lots of capable people in those countries who can perform those jobs. [Companies ask] if they really need to send people overseas or can we hire locally. This is a big dynamic in global business.”

Beginning March 1, 2010, VisaScreen renewal applicants who can demonstrate employment in the United States in the health care profession that is designated on their International Commission on Healthcare Professions VisaScreen certificate do not have to take another approved English exam for renewal of their VisaScreen certificate if the following criteria are met:

1)  The period of employment must be for at least 27–36 months, including nine months of the year before the date an applicant submits the renewal application.

2)  They will need to have their employer submit an employment summary on corporate letterhead with the appropriate signature for the English requirement to be waived.

CGFNS has made the U.S. Department of Health and Human Services aware of this policy change.

CGFNS is an immigration-neutral, nonprofit organization based in Philadelphia, Pennsylvania, USA, and is an internationally recognized authority on the education, registration and licensure of nurses worldwide. CGFNS’s mission is to provide responsible leadership in the delivery of relevant services to the global nursing and health care community. The organization was founded in 1977 through a collaborative effort by representatives from the U.S. Department of Labor; Department of Health, Education and Welfare (now the Department of Health and Human Services); the Immigration and Naturalization Service; and representatives from nursing organizations, including the American Nurses Association and the National League for Nursing.

For additional information about CGFNS and its services, contact: CGFNS International, 3600 Market Street, Suite 400, Philadelphia, PA 19104-2651 USA; telephone: +1 (215) 222 8454.