USCIS Issues Additional Information Regarding the Employ American Workers Act (EAWA) to Employers Filing H-1B Petitions
VIA USCIS.org
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today provides additional guidance regarding the Employ American Workers Act (EAWA) to employers seeking to file H-1B petitions.
The EAWA was enacted to ensure that companies that receive funding under the Troubled Asset Relief Program (TARP) or section 13 of the Federal Reserve Act do not displace U.S. workers. Under this legislation, any company that has received covered funding and seeks to hire new H-1B workers is considered an “H-1B dependent employer.” An H-1B dependent employer must make
additional statements to the U.S. Department of Labor (DOL) regarding the recruitment and non-displacement of U.S. workers when filing a Labor Condition Application (LCA). Please refer to the DOL’s Web site for guidance regarding the LCA filing requirements.
Subsequent to the enactment of EAWA, USCIS revised its Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the employer received covered funding (Question A.1.d). See the first page of the H-1B Data Collection and Filing Fee Exemption Supplement. Question A.1.d. is meant to identify petitioners who received funding under TARP or section 13 of the Federal Reserve Act when the petition is filed.
USCIS understands that some businesses who received covered funding may have subsequently repaid their obligations and may not know how to respond to Question A.1.d. (For information on whether covered funding obligations have been repaid, recipients of TARP funding should seek guidance from the Department of Treasury, or the Federal Reserve, respectively.) If you have repaid
your obligations, then answer “No” to Question A.1.d. If you wish to provide further information with the petition to assist USCIS in determining that your status for purposes of EAWA is correct, you may do so.
USCIS reminds you that a valid LCA must be on file with DOL when the H-1B petition (with a copy of the LCA) is filed with USCIS. Processing delays or a denial of the H-1B petition may result if the LCA does not correspond with Question A.1.d of the H-1B petition, unless any inconsistency is explained to the satisfaction of USCIS. For example, if the LCA includes the additional statements, but Question A.1.d is answered “no,” you can explain that you had received covered funding at the time of filing the LCA but repaid the obligation before filing the Form I-129. However, please note that if you indicate on the petition that you are subject to the EAWA, but the LCA does not contain the proper declarations relating to H-1B dependent employers, USCIS will deny the H-1B petition.
USCIS additionally reminds employers that EAWA applies only to new hires and not to H-1B petitions seeking to change the status of a beneficiary working for the petitioning employer in another work-authorized category. It also does not apply to H-1B petitions seeking an extension of H-1B status for a current employee to continue working for the same employer.
Last updated:02/04/2010
How to Establish the “Employee- Employer Relationship” in H-1B Petitions and Requests for Evidence (RFE’s)
USCIS Reaches FY 2010 H-1B Cap
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2010. USCIS is hereby notifying the public that Dec. 21, 2009 is the “final receipt date” for new H-1B specialty occupation petitions requesting an employment start date in FY 2010.
The “final receipt date” is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 65,000. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the “advanced degree” exemption. Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY 2010 that arrive after Dec. 21, 2009.
USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on Dec. 21, 2009. USCIS will use this process to select petitions needed to meet the cap. USCIS will reject, and return the fee, for all cap-subject petitions not randomly selected.
Petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted towards the congressionally mandated FY 2010 H-1B cap. Therefore, USCIS will continue to process petitions filed to:
- Extend the amount of time a current H-1B worker may remain in the United States.
- Change the terms of employment for current H-1B workers.
- Allow current H-1B workers to change employers.
- Allow current H-1B workers to work concurrently in a second H-1B position.
H-1B in General: U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in fields, such as scientists, engineers, or computer programmers.
Last updated:12/22/2009
Global Entry Program
- Boston-Logan International Airport (BOS)
- Chicago O’Hare International Airport (ORD)
- Dallas/Ft. Worth International Airport (DFW)
- Detroit Metropolitan Airport (DTW)
- Ft. Lauderdale Hollywood International Airport (FLL)
- George Bush Intercontinental Airport, Houston (IAH)
- Hartsfield-Jackson Atlanta International Airport (ATL)
- Honolulu International Airport (HNL)
- John F. Kennedy International Airport (JFK)
- McCarran International Airport, Las Vegas (LAS)
- Los Angeles International Airport (LAX)
- Miami International Airport (MIA)
- Newark Liberty International Airport (EWR)
- Orlando International Airport (MCO)
- Philadelphia International Airport (PHL)
- San Francisco International Airport (SFO)
- San Juan-Luis Múñoz Marin International Airport (SJU)
- Orlando-Sanford International Airport (SFB)
- Seattle-Tacoma International Airport-SeaTac (SEA)
- Washington-Dulles International Airport (IAD)
The process requires participants to present their machine-readable U.S. passport or permanent resident card, submit their fingerprints for biometric verification, and make a customs declaration at the kiosk’s touch-screen. Upon successful completion of the Global Entry process at the kiosk, the traveler is issued a transaction receipt and directed to baggage claim and the exit, unless chosen for a selective or random secondary referral.
Travelers must be pre-approved before they can participate in the pilot program. All applicants will undergo a rigorous background check and be interviewed by a CBP officer before they are enrolled. Automated enforcement checks will occur each time the member uses the kiosk to enter the United States. Although pre-approved for the program and determined to be low risk, members of Global Entry may be examined at any time when entering the United States.
Members entering the United States must complete the declaration questions prompted by the kiosk. If bringing items that must be declared, after completion of the kiosk transaction, the member will be directed to see a CBP officer.
Global Entry has a zero tolerance policy for violations. If a Global Entry member violates any of the terms and conditions, CBP officers will take appropriate enforcement action and will cancel the person’s membership privileges. The application fee is non-refundable.
What Are the Benefits of Global Entry?
The benefits are:
- Bypass the traditional passport control line.
- No more filling out a paper customs declaration form.
- Expedited exit process.
- Mutual benefits with other countries.
- Conveniently located at airports throughout the country.
- Cross the border with a minimum of customs and immigration questioning.
- Although this program is intended for frequent travelers, there is no minimum number of trips that must be completed.
Global Entry allows applicants to complete a single application and pay one fee. This form can be submitted online via the Global Online Enrollment System (GOES. Qualified applicants are required to come to a Global Entry Enrollment Center, for an interview). Global Entry allows United States border agencies to concentrate their efforts on potentially higher-risk travelers and goods, which helps to ensure the security and integrity of our borders.
Who May Apply for Global Entry?
- Individuals who are 14 years of age and older who are U.S. citizens, U.S. nationals, U.S. Lawful Permanent Residents, or citizens of certain other countries.
*Note: If enrolled parents are traveling with children under 14 and clearing as a family, they may not use the kiosk and must clear using the regular passport control process.
However, individuals may not qualify if they:
- Are inadmissible to the United States under applicable immigration laws;
- Provide false or incomplete information on their application;
- Have been convicted of a criminal offense in any country;
- Have been found in violation of customs or immigration laws; or
- Fail to meet other Global Entry requirements.
If an individual does not meet the requirements of Global Entry, their application will be denied.
Fee
Applications must be completed and submitted online through the Global Online Enrollment System (GOES). ( GOES ) A non-refundable $100 fee will be collected before the submission of the application. If an applicant is denied participation, he/she will not receive a refund of the $100. NEXUS and SENTRI members may activate membership in Global Entry at no additional fee.
Inquiries
Applicants who are not accepted into the Global Entry pilot have three channels for forwarding their inquiries: a) directly with the enrollment center; b) DHS Travelers Redress Inquiry Program (DHS TRIP); and c) the CBP Trusted Traveler Ombudsman. Please see the DHS Traveler Redress Inquiry Program page for more information on how to seek redress. (DHS Traveler Redress Inquiry Program )
Consistent with privacy law and national security considerations, DHS and CBP may not reveal the specific reason for an applicant’s denial in either the initial notification or the redress process depending on the circumstances of a particular case.
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Secretary Janet Napolitano Testifies Before Congress
December 9, 2009
Judiciary Committee held an oversight hearing with Department of
Homeland Security (DHS) Secretary Janet Napolitano. The Secretary’s opening statement
reiterated her view that immigration enforcement is a necessity, but
that enforcement alone is not a solution for our broken immigration
system. Secretary Napolitano noted,
“We can no longer perpetuate a status quo that is unacceptable for
workers, employers, law enforcement, faith leaders, and America as a
whole. We must seize this moment to build a truly effective immigration
system that deters illegal immigration, provides effective and enduring
enforcement tools, protects workers from exploitation and retaliation,
and creates a tough but fair path to legalization for the millions of
illegal immigrants already here.”
legalization as part of a comprehensive approach to immigration reform,
some lawmakers, commentators, and activists are calling for a
continuation of the same enforcement-only approach to unauthorized
immigration that has failed to work for two decades. In the fanciful
view of enforcement-only advocates, forcing 12 million unauthorized
men, women, and children out of the country is not only practical, but
would somehow benefit the U.S. economy. In reality, though, an
intensification of the enforcement-only approach to unauthorized
immigration would be enormously expensive and would remove productive
workers, consumers, and taxpayers from the economy in the middle of a
recession. One study,
for instance, estimates that removing all undocumented immigrants from
the country would result in the loss of roughly 2.8 million jobs and a
decline in the Gross Domestic Product of $245 billion. This is not
exactly a recipe for economic recovery.
opponents are looking backwards to tired old tactics that haven’t
worked,” said Mary Giovagnoli, Director of the Immigration Policy
Center. “She is drawing upon her experience to move forward, but that
entails a shift in thinking and comprehensive immigration reform. We
can all agree that the current system isn’t working, but some offer
solutions while others offer the same old ideas.”
to our broken immigration system that looks to the future, rather than
clinging to the failed enforcement-only strategy of the past. Not only
does comprehensive reform represent a practical and humane way of
dealing with the large unauthorized population in our country, but it
would boost our economy
as well. Rather than scapegoating immigrants for our current economic
woes, we should acknowledge their economic contributions and their
potential to help rebuild our economy.
President Obama advises USCIS to prepare for possible legalization legislation in 2010
VIA The New York Times
Information Regarding Application Support Center Appointment Rescheduling – July 6 – 10, 2009
USCIS MEMO RE: Revisions to Adjudicator’s Field Manual (AFM) Regarding Certain Alien Physicians
USCIS Announces Resumption of Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker
USCIS Reminds Applicants for Adjustment of Status, Asylum, Legalization, and TPS Beneficiaries to Obtain Advance Parole Before Traveling Abroad
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) reminds individuals that they must obtain Advance Parole from USCIS before traveling abroad if they have:
-
been granted Temporary Protected Status (TPS);
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a pending application for adjustment of status to lawful permanent resident;
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a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
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a pending asylum application; or
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a pending application for legalization.
To obtain Advance Parole, individuals must file Form I-131, Application for Travel Document, which is available in the Related Links section of this page.
Advance Parole is permission to reenter the United States after traveling abroad. Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances. By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States. Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed.
Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS office location. Instructions for filing Form I-131 provide details on where to mail travel document applications and should be followed carefully to avoid delay. For more information on Advance Parole see How Do I Get a Travel Document? (also in the Related Links) and instructions for Form I-131.
Note:
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole. Aliens who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for three years; those who have been unlawfully present for one year or more are inadmissible for 10 years. Aliens who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status.
Individuals who have been admitted as refugees or granted asylum, including those who are applying for adjustment of status, do not need to obtain Advance Parole. Instead, these individuals should apply for a Refugee Travel Document using Form I-131 and comply with applicable application requirements, such as biometric processing, prior to leaving the United States.
Lawful permanent residents who obtained such status as a result of being a refugee or asylee in the United States may also apply for a Refugee Travel Document. For more information on Refugee Travel Documents please see How Do I Get a Refugee Travel Document?
Asylum applicants, asylees and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States. Such individuals are encouraged to review USCIS’ Fact Sheet Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status.
Before making any plans to travel abroad, all individuals with pending applications for adjustment of status, relief under NACARA 203, or asylum are urged to consult an immigration attorney or immigration assistance organization accredited by the Board of Immigration Appeals, or by calling USCIS’ Customer Service Center at 1-800-375-5283.
USCIS Updates Count of FY2010 H-1B Petition Filings
April 20, 2009 H-1B Cap Count
On April 20, 2009 USCIS updated the count of H-1B petitions received and counted towards the H-1B cap on the USCIS website. As of April 20, 2009, approximately 44,000 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS continues to accept advanced degree petitions stating that experience has shown that not all petitions received are approvable.
April 17, 2009 H-1B Cap Count
On April 17, 2009 USCIS updated the count of H-1B petitions received and counted towards the H-1B cap on the USCIS website. As of April 13, 2009, approximately 43,000 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed.
USCIS Updates Count of FY2010 H-1B Petition Filings
VIA USCIS.gov
WASHINGTON April 9, 2009 — USCIS announced an updated number of filings for H-1B petitions for the fiscal year 2010 program.
USCIS
has received approximately 42,000 H-1B petitions counting toward the
Congressionally-mandated 65,000 cap. The agency continues to accept
petitions subject to the general cap.
Additionally, the agency
has received approximately 20,000 petitions for aliens with advanced
degrees; however, we continue to accept advanced degree petitions since
experience has shown that not all petitions received are approvable.
Congress mandated that the first 20,000 of these types of petitions are
exempt from any fiscal year cap on available H-1B visas.
For
cases filed for premium processing during the initial five-day filing
window, the 15-day premium processing period began April 7. For cases
filed for premium processing after the filing window, the premium
processing period begins on the date USCIS takes physical possession of
the petition.
USCIS will provide regular updates as the processing of FY2010 H-1B petitions continue.
Related Files
USCIS Updates Count of FY2010 H-1B Petition Filings (26KB PDF)
The U.S. Immigration Law Blog by Ashwin Sharma 