April Visa Bulletin

USCIS LAUNCHES BLOG

The USCIS has unveiled The Beacon, the agency’s official blog which will be used to provide immigration-related information and foster open dialogue between the agency and the public. The USCIS is reviewing all comments prior to posting and also provides guidance on what can be posted under the comment policy. Despite this screening process, already there were 45 comments made to the opening posts. The Beacon can be accessed HERE.

EFFORTS TO IMPROVE ACCURACY OF E-VERIFY ANNOUNCED

DHS Secretary Janet Napolitano joined USCIS Director Alejandro Mayorkas to announce three steps to strengthen the efficiency and accuracy of the E-Verify system. The E-Verify system has undergone attack recently with many claiming a high percentage of inaccuracies being found in the system. To increase accuracy Napolitano and Mayorkas have released a three prong approach which includes 1. a new agreement with the Department of Justice that will streamline the adjudication process in cases of E-Verify misuse and discrimination; 2. an informational telephone hotline for employees to provide a more timely, effective and seamless customer experience for workers seeking E-Verify information; and new training videos focusing on E-Verify procedures and policies, employee rights and employer responsibilities in English an Spanish. Click HERE for link.

SCHUMER AND GRAHAM ANNOUNCE IMMIGRATION PLAN IN WASHINGTON POST

Democratic Senator Charles E. Schumer and Republican Senator Lindsey Graham released their plan to overhaul the immigration system in the Washington Post today. Although most of their plan is directed at reducing illegal immigration through biometric Social Security cards, strengthening border security, admitting temporary workers, and implementing a fair path to legalization, they do touch upon "developing a rational legal immigration system" to ensure future economic prosperity. As part of this rational system they mention awarding green cards to immigrants who have received their PhDs or Master's degrees in science, technology, engineering or math from a US university. They write "It makes no sense to educate the world's future inventors and entrepreneurs and then force them to leave when they are able to contribute to our economy." They also mention creating a system for admitting lower-skilled workers which would allow employer to hire immigrants if they can show they were unsuccessful in recruiting from the American workforce. Ending their plan, they urge for bipartisan support writing, "The American people deserve more than empty rhetoric and impractical calls for mass deportation. We urge the public and our colleagues to join our bipartisan efforts in enacting these reforms." For full article click HERE.

STUDY FINDS NEW IMMIGRANTS AVOIDING BIG CITIES

A recent study released by the Lusk Center for Real Estate at the University of Southern California found that new immigrants who once settled in the large cities of Los Angeles, San Francisco, New York and Chicago are now heading to the smaller cities such as Detroit, Minneapolis, Colorado Springs, Sarasota, and El Paso, Texas. “Every city in the US is getting a sizable immigration population,” says Gary Painter, co-author of the study and director of research at the Lusk Center. “We are no longer a country where immigration is largely confined to just a few places.” The study looks at the reasons behind the wide immigrant Diaspora finding that newly arriving immigrants will settle where there are job opportunities, affordable places to live, and overall a better quality of life, which, in turn, often leads them to a new life in a small city. For full article see: The Christian Science Monitor HERE.

VISASCREEN RENEWALS & OCCUPATIONAL THERAPIST CERTIFICATE RENEWALS - ENGLISH EXAMS WAIVED

CGFNS has announced that effective March 1 2010, certain VisaScreen® renewal applicants will not have to re-take an English language test. The exemption applies to those who can demonstrate employment in the United States in the health care profession that is designated on their VisaScreen® certificate if the employment was for at least 27–36 months — including nine months of the year before the date an applicant submits the renewal application. 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. In January HLG reported that this change in policy was coming, in the January 25th blog post Keep Healthcare Certificate Valid. Click HERE for link to CGFNS.

Like CGFNS, the NBCOT (National Board for Certification in Occupational Therapy) waives the English language requirement for certain occupational therapists renewing a healthcare certificate. NBCOT requires applicants to retake the English examination only if the individual has resided outside of the country for three consecutive years or more since receiving their last certificate. The requirement is waived for all other individuals. Click HERE for link to NBCOT.

Did You Know?
In this new section, each month HLG will be sharing a basic rules and regulations that both employers who hire nonimmigrant workers and employees who are on nonimmigrant visas should know.

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  Every H-1B filing must now be accompanied by a certified Labor Condition Application covering the work location(s) of the Beneficiary in the petition and it can take up to seven days for the Department of Labor to certify the LCA. As such, it is critical that one plan ahead for filing under the FY2011 H-1B cap.