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The Current State of the Immigration Debate

The recent rustling in the media indicates that Congress may well take up the immigration debate once again. Senator Graham said in a recent speech before the Hispanic Chamber in San Antonio, “I will write a bill for America – not for my party.”

The question is, will Senators Schumer and Graham succeed in introducing a new bill and securing the necessary support for it to pass so that nearly 12+ million undocumented immigrants can begin the pathway to legal status in the USA? Can our legal immigration system be reformed, as well, so that those who play by the rules stop being penalized? It’s all very much in the infant stage.

Immigration Reform Advocates point out that there is much to be optimistic about:

• President Obama made a pitch for comprehensive immigration reform in his State of the Union address, although very brief
• Senate Majority Leader Harry Reid has ranked immigration reform as his third priority (after cutting government spending and taxes)
• House Republicans did not support the very vocal anti immigration Rep. Steve King (R-Iowa) from becoming the new committee chair of the immigration subcommittee of the Judiciary Committee.
• Judiciary Committee Chairman Lamar Smith (R-Texas) is not actively, pursuing the most divisive immigration proposal, that of revoking birthright citizenship.

Schumer said his staff has been meeting with Graham’s staff to “try to come up with something that he and I and many of the outside groups can agree on, and then we will try to sell it to our colleagues.”

“What we’re doing is beginning these preliminary talks, particularly with outside groups, to try and regain the consensus that was pretty nicely formed last year,” Schumer said in a phone interview. “And who knows, we might surprise everyone and get something done. We realize it is a tough thing to do, but it is very important, and it’s worth a shot. We’ve been getting interesting, positive responses — from places you wouldn’t expect it.” Still, advocates of comprehensive reform see some reason for optimism.

Meanwhile, the steady drumbeat of protest continued this week in states considering restrictive immigration measures. Indiana, for example, got a taste of forthcoming economic backlash when two organizations threatened to pull conventions from the state if enforcement legislation passed - a costly lesson Arizona knows well. Legislators in other states considering similar measures - Nebraska, Michigan, Arizona and Alabama - also heard from concerned members of the community this week that fear the economic and social damage these measures will cause in their state. Although playing with enforcement-only immigration measures might have helped some of these state lawmakers light up their political careers, taxpayers are starting to realize that they're ultimately going to get burned.

For more, read Senators look for immigration deal and Immigration Impact

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USCIS Combines Employment and Travel Authorization into a Single Purpose Card

The U.S. Citizenship and Immigration Services (USCIS) has announced a significant change in procedures for the issuance of employment authorization documents (EADs) and advance parole (AP) requested in connection with the permanent residence (or "green card") process. The USCIS reports that, as of February 11, 2011, EADs and APs are being issued on a single card in some cases. Details regarding the change are addressed here for clarification.

This change only applies to EADs and APs requested in connection with filing the last stage of the green card process, when one files for adjustment of status (AOS, or I-485). There are many categories that allow for the request for an EAD, such as L-2 spouses. This change does not apply to any type of EAD application except those based on filing for AOS.

The EAD application is made on form I-765; the AP is requested on the I-131 Application. These forms are often filed together. In such cases, the USCIS will now issue a single approval card. In other cases, the USCIS will continue to issue the EAD and AP as separate documents.

The new single-purpose document looks like the current EAD card, with a notation on the card that the document serves as I-512 advance parole. This hard plastic card is more durable and has better security features than the paper AP document. It also is more efficient for the USCIS to issue one document.

It is not necessary to replace one's current EAD and AP documents. Existing EADs and APs remain valid until their expiration dates. They also may be extended under standard renewal procedures. They can only be replaced up to 120 days prior to their expirations. Depending upon their expiration dates, it may be possible to file the EAD and AP renewal requests together, when needed. This should result in the issuance of the new, single card.

Prior to this change, APs were issued for a one-year validity period. EADs could either be valid for one year or two years, depending upon visa number availability. Accordingly, the combination document is valid for either one or two years. For some, therefore, the AP as well as the EAD, are now valid for two years. This can add up to substantial savings in terms of time and money, allowing one to reenter the United States within the two-year timeframe, instead of a one-year timeframe.

View a sample of what the card will look like with Q&A

For more on this, please refer to our blog post

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How will Immigration be affected in the Event of a Temporary Government Shutdown?

Due to an extension agreement on government funding for a two-week period, there will not be an immediate government shutdown. The Continuing Resolution provides funding until March 18, 2011. A shutdown remains possible in the future if a longer term agreement is not reached.

If the U.S. Congress cannot reach an agreement on a funding extension, the government will shut down. In such a situation, government services are not completely shut down but they are limited, and some functions cease until the funding issues are resolved.

The USCIS will continue to adjudicate benefits applications and petitions because these operations are funded by the filing fees that are submitted with the applications and petitions. So, these operations will continue.

It is expected that the Department of Labor and the Department of State (US Consulates) will cease operations, both of which could cause huge complications in the practice of immigration law.

For more on what shuts down during a government shutdown: What Shuts Down During a 'Government Shutdown'

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H-1B Electronic Registration for Employers is Coming for Cap-Subject Cases

USCIS announced last week that it has published a proposed rule that will save US businesses more than $23 million over the next 10 years by establishing an advance H-1B registration process for U.S. employers seeking to file petitions for foreign workers under the H-1B specialty occupation category.  The proposed electronic system would minimize administrative burdens and expenses related to the H-1B petition process—including reducing the need for employers to submit petitions for which visas would not be available under the visa cap.

USCIS Director Alejandro Mayorkas the opening of a 60-day comment period that will allow businesses and the general public to provide input on the proposed system in order to ensure it best meets the needs of employers that rely on H-1B visas to bring in foreign workers for specialty occupations.  Mayorkas expressed that “Improving the H-1B petition process is part of USCIS’s ongoing efforts to leverage new ideas and innovation to streamline our operations and enhance customer service.”

Find the rest of this article here.

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H-1B Filing Tips and Strategy for FY 2012

It’s almost that time of year again. We can file cap-subject H-1B’s for Fiscal Year 2012 as of April 1, 2011 for a start date of October 1, 2011. A case subject to the cap would be an initial H-1B where the prospective employee has never held H-1B status and is outside the USA preparing to enter for the first time. Another example of a cap-subject case would be an employee who is already in the USA but in another status, such as an F-1 student, and is eligible to change their status in the USA to H-1B classification.

Here are a few tips to keep in mind pertaining to the job offer, the job description and the degree requirement, 3^rd party jobsite locations, licensure, and more, as employers evaluate their H-1B hiring needs:

1. The Job Offer and The Job Description:

The job offer and the job description must be for a specialty occupation that requires a minimum of a bachelor's degree or its foreign equivalent.

What is the definition of a specialty occupation? A specialty occupation requires the theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent. For example, architecture, engineering, IT, mathematics, medicine, allied healthcare occupations, occupations in business, accounting and finance, law, amongst others.

USCIS now requires very detailed job descriptions that contain the position summary, duties and responsibilities, as well as the percentage of time spent on each job duty. It is hard to imagine that a job description with a 15-bullet point list of duties and a full page in length is insufficient, but when you work with a skilled immigration practitioner, this can be successfully argued against the O*NET and the OOH which is the primary source of job information for USCIS and the Department of Labor.

Employers need to be prepared with complete job descriptions for their H-1B prospective employees and document the need for a degreed professional thoroughly in their casework and work with an immigration attorney that is well versed in handling H-1B casework as well as PERM labor certifications.

Find the rest of this article here.

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New Visa Procedures in India

Effective March 7, 2011, new H&L category visa appointments are no longer available at the U.S. Consulate General in Mumbai. H&L visa appointments may be scheduled in New Delhi, Chennai, or Hyderabad through VFS. More information can be found here.

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New Visa Procedures at Mexican Consulates

Beginning January 10, 2011, the U.S. Embassy and Consulates will process visas differently. Under the new procedures, most applicants will go to Applicant Service Centers (ASCs) prior to their consular section interview.  The ASC staff will collect the applicant’s biometric information that will be reviewed by the consular section prior to the applicant’s interview.   ASCs will be located in buildings separate from the U.S. Embassy and Consulates.  For more: U.S. Embassy - Visa Section News

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New Filing Location for Change of Address Form

Beginning March 15, 2011 all Change of Address, (Form AR-11) and Alien’s Change of Address, (Form AR-11 SR) will change filing locations.  Now, you must file all change of address forms at the following address:

DHS/USCIS
Harrisonburg File Storage Facility
Attn:  AR-11
1344 Pleasants Drive
Harrisonburg, VA 22801

Change of address forms mailed to the old location will be forwarded to the new filing location for 45 days beginning March 15, 2011 until April 28, 2011.

You also have the option of notifying USCIS of a change of address online. To change your address online or for more information about USCIS and our programs, visit us at uscis.gov and go to the Forms area of the website.

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Be Aware of Diversity Visa Lottery Scams

Individuals have contacted U.S. Citizenship and Immigration Services (USCIS) about fraudulent e-mails and letters saying they have been selected in the Diversity Visa program. The scammers pose as the U.S. government in an attempt to get money from people hoping to get a visa.

U.S. Department of State runs the Diversity Visa Program and has excellent information on how to protect yourself against these scammers.  To educate yourself about the Diversity Visa program visit the Department of State website. For information on avoiding other types of immigration scams, visit the USCIS Don't be a Victim webpage.

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DOS Releases New Guidance on Specialized Knowledge L-1B Visas




The Department of State (DOS) released a new cable in January to all diplomatic and consular posts on guidelines for L visa adjudications, particularly in regard to evaluating claims of "specialized knowledge." DOS noted "concern about the potential for inconsistent adjudicatory standards at different constituent posts," and said that "clear standards would allow for more consistent adjudication." The cable adds, however, that "unfortunately, the statutory language defining 'specialized knowledge' is not simple or clear."

The cable notes that a worker is considered to be serving in a capacity involving specialized knowledge with respect to a company if he or she "has a special knowledge of the company product and its application in international markets or has an advanced level of knowledge of processes and procedures of the company." The cable acknowledges that the definition contains undefined terms and elements of circular reasoning. For more on guidance: Guidance on L Visas and Specialized Knowledge

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Proposed Changes to the Canadian Federal Skilled Worker Program

On February 17, 2011, CIC announced proposed changes to the Federal Skilled Worker program.

While CIC states that skilled workers, selected for immigration to Canada under the current program, are faring well in Canada, they admit that there is room for improvement in the program.

Proposed changes include establishing a minimum level of language proficiency, regardless of the points accumulated under other categories; increasing the maximum points for high proficiency in English or French and reworking the points granted for the age of the main applicant. Currently, applicants 49 or younger receive the full 10 points of assessment for this; whereas CIC is looking to award up to 12 points for those 35 and under, with diminishing points awarded until up to age 49. This could assist younger candidates with less experience but higher English or French proficiency to now qualify for the Federal Skilled Worker program.

CIC acknowledges the ability for skilled tradespersons to immigrate to Canada, due to country-to-country variations in school systems; thus putting many skilled tradespersons at a disadvantaged on the scoring grid. The proposed changes to the points allocated under the education category could help improve the chances many applicants educated abroad.

CIC also proposes to reduce the maximum points scored under the work experience category from 21 to 15, in order to allocate these points to categories such as language proficiency, as skilled workers who possessed stronger language skills succeeded at a higher percentage than those with extensive work experience but lacked in English or French language skills.

Lastly, CIC wishes to continue to offer points for candidates with Arranged Employment in Canada; however, CIC will evaluate Arranged Employment offers more rigorously in order to assess the genuineness of the job offer in order to prevent applicants from attempting to immigrate to Canada on the basis of a fraudulent job offer.

CIC continues to evaluate the Federal Skilled Worker program on a regular basis, in order to ensure that desirable applicants are able to immigrate to Canada; however, it seems that their most recent proposed changes are putting more emphasizes on younger workers with a higher proficiency in the English language.

If you are interested in immigrating to Canada as a Skilled Worker, please do not hesitate to contact Ellen De Witt, Immigration Compliance Group Canadian affiliate in Windsor, Ontario, 519-969-6789.

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2010 NCLEX Pass Rates

NCLEX-RN and NCLEX-PN testing volume and pass rate data are updated quarterly in mid-January, April, July and October of each year. Below is the summary of NCLEX pass rates from January to December 2010:

• NCLEX-RN pass rate for first-time, U.S.-educated candidates was 87.41%.
• NCLEX-RN pass rate for all candidates was 74.18%.
• NCLEX-PN pass rate for first-time, U.S.-educated candidates was 87.05%.
• NCLEX-PN pass rate for all candidates was 78.08%.

Detailed NCLEX pass rate and volume data since 1983 can be found here. In addition to domestic candidate volume, NCSBN also updates testing volume for the top five countries where first-time, international candidates were educated. Data from 2006 to 2010 are available here.

Employers, should you require healthcare immigration services for the US and Canada - all occupations, please contact our office.

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News from CGFNS: Qualifying Exam goes Electronic!

This and other news from CGFNS: CGFNS Special Notices

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CGFNS Announces 2 new Credential Evaluation Service Reports (CES) Commencing Feb. 1, 2011

The new CES Professional Report has been designed to meet the specific requirements of individual state boards of nursing to provide a more comprehensive credentials evaluation of applicants educated outside the United States. Other recipients, such as employers, immigration attorneys and recruiters, may also find this report helpful. For more info: CGFNS News - January 21, 2011

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NCSBN SPEARHEADS NEW NATIONAL CAMPAIGN FOR ADVANCED PRACTICE RN’s (APN) REGULATION

The National Council of State Boards of Nursing (NCSBN) is spearheading a national campaign to promote adoption of the Consensus Model for APRN Regulation: Licensure, Accreditation, Certification and Education, which formulates national standards for uniform regulation of APRNs.

Developed through a collaborative process with participation of regulators, nurse educators, APRN certifiers, national nursing program accreditors and representatives of many APRN professional organizations, the model provides a framework for jurisdictions to implement and oversee the standardized licensure, accreditation, certification and education of APRNs. For more: NCSBN Spearheads New National Campaign About Advanced Practice Registered Nurse (APRN) Regulation

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NCSBN – TRANSITION TO PRACTICE

Over the years, NCSBN and boards of nursing have looked at the issue of training and retention of young nurses. They’ve found that the inability of new nurses to properly transition into new practice can have grave consequences. For more: Transition to Practice

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NEWS FOR PHYSICAL THERAPISTS

Last summer the FSBPT took the unprecedented action of barring graduates from schools located in Egypt, India, Pakistan and the Philippines from taking the National Physical Therapy Examination (NPTE).

On February 9, 2011, a Georgia court ruled that the FSBPT’s policy is illegal in Georgia. Barring any last minute legal maneuvers by the FSBPT and/or the Georgia State Board of Physical Therapy, impacted applicants for licensure in Georgia should soon be able to both apply for licensure and have the same availability to take the NPTE as every other applicant. If the Georgia State Board fails to offer a test, it will be in contempt of the court order. For more on this: AAIHR News

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B1/B2 Visa Issues at Manila Embassy

The Manila Embassy has been denying B1/B2 visas to applicants who need the B1/B2 visa in order to come to the US and sit for the National Physical Therapist Exam (NPTE). The problem stems from the Embassy's misinterpretation of the recent Georgia decision and the need for an NPTE in advance of licensure.

If you have had your B1/B2 denied at the Consulate because the officer mistakenly believes that the NPTE is not required for PT licensure, please contact our office for assistance.

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E-VERIFY – the New “Connections” newsletter

E-Verify Employer Poster

I-9 Employer Resource Center

Our March Compliance Newsletter

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Social Recruiting Survey

While many employers see great promise in social recruiting and plan to increase their use of LinkedIn, Facebook, Twitter and other online networking tools in their search for talent, most report getting just a fraction of their new employees this way, according to an online survey conducted by Workforce Management in December 2010.

Workforce Management found that 53 percent of rank-and-file recruiters and their direct supervisors get 10 percent or fewer of their hires from social networking. Another 22 percent said they find between 10 percent and 25 percent of their hires through social media. For more on this story: Social Recruiting Survey

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About Immigration Compliance Group

• We provide US and Canadian immigration services for business and individual related immigration matters…
• We take great pride in partnering with our clients to create compliant workforces and offer a range of compliance services such I-9 audits, I-9 compliance training, employer policy development…
• We specialize in complex business visas for investors, multinational managers, and outstanding individuals in the areas of Business, Information Technology, Healthcare, the Sciences, Arts & Entertainment, and PERM Labor Certification.

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Disclaimer/Reminder: This newsletter does not constitute direct legal advice and is for informational purposes only. The information provided should never replace informed counsel when specific immigration-related guidance is needed.

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