Saturday, October 30, 2010
Thursday, October 28, 2010
ICE (Immigration and Customs Enforcement) List of SEVP (Student and Exchange Visitor Program) Approved Schools
The United States Immigration and Customs Enforcement (ICE) recently updated their list of Student and Exchange Visitor Program (SEVP) approved schools.
SEVP ApprovedSchools
SEVP ApprovedSchools
Wednesday, October 27, 2010
Monday, October 25, 2010
Arizona draws difficult panel for immigration appeal
October 25, 2010
by Josh Gerstein, for Politico
Link.
by Josh Gerstein, for Politico
It looks like the state of Arizona and Governor Jan Brewer could be facing an uphill battle in their effort to overturn a judge's ruling that the state's law cracking down on illegal immigration, SB 1070, is unconstitutional.
On Friday, the U.S. Court of Appeals for the 9th Circuit announced the three judges assigned to the state's appeal, which is to be argued on Monday. They are: John Noonan, Richard Paez and Carlos Bea.
Courtwatchers say the panel, which will convene at the court's headquarters in San Francisco, could be a tough one for Arizona. The state's law has been blasted as anti-Latino and likely to lead to racial profiling. Two of the three judges are of Hispanic descent: Paez was born in Utah of Mexican immigrant parents; Bea was born in Spain but grew up in Cuba before coming to the U.S. with his family.
For her part, Brewer has announced she plans to attend Monday's hour-long arguments in person in San Francisco, even though she is up for re-election the next day. Polls show her with a comfortable lead of more than 10 percent over her Democratic challenger, Attorney General Terry Goddard. Her championing of SB1070 has been a centerpiece of her campaign and she will certainly make the local news back home for attending the court arguments, which are to be carried live on C-SPAN.
Link.
USCIS Redesigns Naturalization Certificate to Enhance Security
WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas today announced the launch of a redesigned Certificate of Naturalization (Form N-550) with new security features that will reduce fraud—part of USCIS’ ongoing efforts to enhance the integrity of the immigration system. USCIS began using redesigned certificates at all offices today, and the agency anticipates that over 600,000 new citizens will receive the enhanced certificate over the next year.
“Taking the Oath of Allegiance and receiving a naturalization certificate is a momentous occasion for hundreds of thousands of new citizens each year,” said USCIS Director Alejandro Mayorkas, who personally distributed the first new certificates during a naturalization ceremony at the USCIS Baltimore District Office.
“The redesigned certificate improves our safeguards against fraud related to this most precious of immigration benefits.” The redesigned certificate features the naturalization candidate’s digitized photo and signature embedded into the document. The background also features a color-shifting ink pattern that is difficult to reproduce.
USCIS is now using a more secure printing process that renders the certificate more tamper-proof. In addition launching the redesigned certificate, Director Mayorkas announced that USCIS will fully transition to an automated production process for the new certificates by the end of the calendar year.
Automating this process will increase consistency and reduce the time it takes to prepare certificates. USCIS offices in Atlanta, Denver and Baltimore will be the first to implement the transition to an automated process this week. All other offices will transition to the automated process during the next 60 days.
All previously issued Certificates of Naturalization remain valid.
Tony & Janina's American Wedding (Trailer)
Tony & Janina’s American Wedding is a feature length documentary that gets to the heart of the broken, red tape ridden U.S. immigration system. After 18 years in America, Tony and Janina Wasilewski’s family is torn apart when Janina is deported back to Poland, taking their 6 year old son Brian with her. Set on the backdrop of the Chicago political scene, and featuring Illinois Congressman Luis Gutierrez at the heart of the immigration reform movement, this film follows the Wasilewski’s 3-year struggle to be reunited, as their Senator Barack Obama rises to the Presidency. With a fresh perspective on the immigration conversation, this film tells the untold human rights story of Post-9/11, that every undocumented immigrant in America faces today, with the power to open the conversation for change.
"Tony & Janina's American Wedding" Trailer from Ruth Leitman on Vimeo.
Saturday, October 23, 2010
USCIS Memo re Social Networking Sites and Importance for Fraud Investigations
USCIS Memo re Social Networking Sites Fraud Investigations
Narcissistic tendencies in many people fuels a need to have a large group of “friends” link to their pages and many of these people accept cyber-friends that they don’t even know. This provides an excellent vantage point for FDNS to observe the daily life of beneficiaries and petitioners who are suspected of fraudulent activities. Generally, people on these sites speak honestly in their network because all of their friends and family are interacting with them via IM’s (Instant Messages), Blogs (Weblog journals), etc. This social networking gives FDNS an opportunity to reveal fraud by browsing these sites to see if petitioners and beneficiaries are in a valid relationship or are attempting to deceive CIS about their relationship. Once a user posts online, they create a public record and timeline of their activities. In essence using MySpace and other like sites is akin to doing an unannounced cyber “site-visit” on a petitioners and beneficiaries.
AILA Verification Committee Advises on Work Authorization Under H-1B Portability
Courtesty of AILA (AILA InfoNet Doc. No. 10102268)
The AILA Verification & Documentation Liaison Committee has received confirmation from E-Verify that it will no longer verify work authorization for an employee who is working for an employer under H-1B portability where the employee previously held H-1B status but has since held an intervening status.
In the past, many AILA members had advised that such employees were work authorized based on the clear language of the statute. E-Verify had likewise determined such employees to be work authorized. However, the Committee recently received reports that E-Verify has been issuing final nonconfirmations for employees working pursuant to H-1B portability who currently hold another status, such as H-4 or F-1. The Committee followed up with E-Verify to address the issue, citing the language in the statute which permits a beneficiary to work if he or she "was previously issued" an H-1B visa or status and meets the other requirements for portability. INA §214(n).
In response to the Committee's inquiry, E-Verify provided the following response:
The Verification & Documentation Committee believes that the USCIS interpretation underlying the E-Verify protocol is inconsistent with the clear language of the immigration statute and will work with the USCIS Liaison Committee to advocate for USCIS to revise its current position.
Despite the fact that the statute on its face appears to authorize employment upon the filing of the H-1B petition, in light of the government's current stance, practitioners filing an H-1B petition with a beneficiary who previously held H-1B status, but who now holds an intervening status, may want to consider advising the employer to expedite the petition with premium processing and wait for the approval before placing the employee on payroll.
The AILA Verification & Documentation Liaison Committee has received confirmation from E-Verify that it will no longer verify work authorization for an employee who is working for an employer under H-1B portability where the employee previously held H-1B status but has since held an intervening status.
In the past, many AILA members had advised that such employees were work authorized based on the clear language of the statute. E-Verify had likewise determined such employees to be work authorized. However, the Committee recently received reports that E-Verify has been issuing final nonconfirmations for employees working pursuant to H-1B portability who currently hold another status, such as H-4 or F-1. The Committee followed up with E-Verify to address the issue, citing the language in the statute which permits a beneficiary to work if he or she "was previously issued" an H-1B visa or status and meets the other requirements for portability. INA §214(n).
In response to the Committee's inquiry, E-Verify provided the following response:
The Office of Chief Counsel at USCIS has advised us that similarly situated individuals are not employment authorized. The H-1B Portability Rule does not apply to a nonimmigrant who was in H-1B status at one time, but who is currently in another valid status and for whom a non-frivolous I-129 Petition to obtain H-1B status has been filed. … USCIS has interpreted Section 105 of AC21 (INA section 214(n)) as allowing those who are currently in H-1B status, or who are in a "period of authorized stay" as a result of a pending H-1B extension petition(s), to begin new employment upon the filing by the prospective employer of a new (H-1B) petition on the alien's behalf. USCIS guidance dated December 27, 2005, states that "porting under INA §214 does not require that the alien currently be in H-1B status as long as he or she is in a 'period of stay authorized by the Attorney General.'" That statement serves to clarify the earlier section specifically referring to an "H-1B alien" and should be read in the context of the particular example given: an alien who was in H-1B status and is now in an authorized period of stay based on a timely filed extension of H-1B status petition on the alien's behalf, and who then seeks to start working for a different H-1B employer upon that employer's filing of a petition. This interpretation is consistent with USCIS guidance to the public on its website (Nonimmigrant Services, H-1B FAQs, page 61) which states:
Changing employers - An H-1B worker can change employers, but first the new employer must file a labor condition application and then file a new H-1B petition. If the worker is already an H-1B, he or she can then begin the employment as described in the petition without waiting for USCIS to approve the petition. This is called a "portability provision," and it only applies to someone already in valid H-1B status.
Based on this guidance, E-Verify queries will continue to result in nonconfirmations in similar cases.
The Verification & Documentation Committee believes that the USCIS interpretation underlying the E-Verify protocol is inconsistent with the clear language of the immigration statute and will work with the USCIS Liaison Committee to advocate for USCIS to revise its current position.
Despite the fact that the statute on its face appears to authorize employment upon the filing of the H-1B petition, in light of the government's current stance, practitioners filing an H-1B petition with a beneficiary who previously held H-1B status, but who now holds an intervening status, may want to consider advising the employer to expedite the petition with premium processing and wait for the approval before placing the employee on payroll.
CBP Commissioner: Our immigration laws are not working for our country
Our immigration laws need to change—and change in significant ways. The current system isn’t working for either security or the economy. It’s not working for our country. Reform needs to be a priority.
Remarks by CBP Commissioner Alan Bersin, Migration Policy Institute, Washington, D.C., Oct. 13, 2010.
Link.
Q & A: Cross-Border L-1 Approvals for Canadians
From the AILA/USCIS-VSC Stakeholders Conference dated 9/20/2010:
AILA Question: What steps should be taken to obtain an I-797 approval notice from VSC following a Canadian L approved at the Border/Port of Entry. In cases where it has been months since the individual was originally admitted and no I-797 has been issued, what assistance can be provided. In some instances individuals with multiple entry I-94 arrival/departure records are regularly stopped by CBP and asked for the I-797. How long should an individual wait after the initial admission as an L-1 before requesting assistance through the NCSC?
USCIS Answer: Generally, the I-797 approval notices are issued within a few weeks of receipt of the approved petition from the Border/Port of Entry, but in some instances the petitions are returned to the Border/Port of Entry for specific updates. If 30 days have elapsed, however, since the petition was granted, you may contact the NCSC at 800-375-5283 to follow-up.
AILA Question: What steps should be taken to obtain an I-797 approval notice from VSC following a Canadian L approved at the Border/Port of Entry. In cases where it has been months since the individual was originally admitted and no I-797 has been issued, what assistance can be provided. In some instances individuals with multiple entry I-94 arrival/departure records are regularly stopped by CBP and asked for the I-797. How long should an individual wait after the initial admission as an L-1 before requesting assistance through the NCSC?
USCIS Answer: Generally, the I-797 approval notices are issued within a few weeks of receipt of the approved petition from the Border/Port of Entry, but in some instances the petitions are returned to the Border/Port of Entry for specific updates. If 30 days have elapsed, however, since the petition was granted, you may contact the NCSC at 800-375-5283 to follow-up.
Q & A: H-1B extension validity for beneficiaries placed at third-party worksites
From the AILA/USCIS-VSC Stakeholders Conference dated 9/20/2010:
AILA Question: In third party placement situations, USCIS is utilizing the Contracts/Client letters to determine that there is “qualifying employment” for the requested validity period. In many instances where clients are unable or unwilling to commit to a Statement of Work beyond 6 months we are seeing H-1Bs being approved for 1 year. Can VSC use evidence of past employment history in the form of W-2s and paystubs (for extensions with the same employer) as a test for future “qualifying employment?” Please advise us of the criteria USCIS is using in deciding the validity period to be granted for H-1B requests, keeping in mind that H-1B extensions are costly to petitioners, and shortened validity periods can lead to a number of consequences, such as the expiration of drivers licenses tied to I-94 validity for H-1B beneficiaries and their dependents.
USCIS Answer: When an employer-employee relationship is established in a third-party employment situation, USCIS grants an approval period to cover the amount of time for which the third party work assignment is established. To accommodate third party work assignments that are documented for less than one year, USCIS will provide a one-year approval. Past employment history may not be used to establish future employment.
AILA Question: In third party placement situations, USCIS is utilizing the Contracts/Client letters to determine that there is “qualifying employment” for the requested validity period. In many instances where clients are unable or unwilling to commit to a Statement of Work beyond 6 months we are seeing H-1Bs being approved for 1 year. Can VSC use evidence of past employment history in the form of W-2s and paystubs (for extensions with the same employer) as a test for future “qualifying employment?” Please advise us of the criteria USCIS is using in deciding the validity period to be granted for H-1B requests, keeping in mind that H-1B extensions are costly to petitioners, and shortened validity periods can lead to a number of consequences, such as the expiration of drivers licenses tied to I-94 validity for H-1B beneficiaries and their dependents.
USCIS Answer: When an employer-employee relationship is established in a third-party employment situation, USCIS grants an approval period to cover the amount of time for which the third party work assignment is established. To accommodate third party work assignments that are documented for less than one year, USCIS will provide a one-year approval. Past employment history may not be used to establish future employment.
Q & A: Are end-client letters required for H-1Bs filed by IT consulting companies?
From the AILA/USCIS-VSC Stakeholders Conference dated 9/20/2010:
AILA Question: It is our understanding that end-client letters are not absolutely necessary when filing H-1B petitions for IT consulting companies. Please confirm whether other evidence such as affidavits from co-workers, security badges, screen shots of the projects for the end users, photos of the work-site with the employee on the premises, e-mail communications about the project, etc can be used in lieu of end-client letters. Please provide guidance as to what other evidence can be used to show that the beneficiary will be working on the project for the duration requested.
USCIS Answer: The January Employer/Employee memo and our current RFEs give numerous examples of evidence that may be acceptable to establish the petitioner’s right to control the beneficiary. Sufficient information from an end client can be a strong piece of evidence to establish the existence of work for the beneficiary and the petitioner’s right to control the beneficiary’s employment, however it is not the only evidence that is relied upon at the VSC. USCIS considers the totality of the evidence submitted to establish an employer-employee relationship, the work assignment with an end client, and the duration of such work assignment. While end client letters may provide important and unique insight into assessing an employer-employee relationship such as describing the employment relationship between the beneficiary and the end client, the ultimate work performed by the beneficiary, the and the duration of the end client work, end client letters are only one type of documentary evidence to be considered. USCIS is aware that some end client companies have a policy that prohibits them from confirming the existence of contract employees. In addition to the suggested items above, petitioners could provide a copy of the contract or contracts that relate to the end client employment, the related work order(s), invoices, or a statement from the end client addressing their policy on confirming contract worker status. Regardless of the quantity or types of documentation provided, USCIS will consider the totality of the evidence.
AILA Question: It is our understanding that end-client letters are not absolutely necessary when filing H-1B petitions for IT consulting companies. Please confirm whether other evidence such as affidavits from co-workers, security badges, screen shots of the projects for the end users, photos of the work-site with the employee on the premises, e-mail communications about the project, etc can be used in lieu of end-client letters. Please provide guidance as to what other evidence can be used to show that the beneficiary will be working on the project for the duration requested.
USCIS Answer: The January Employer/Employee memo and our current RFEs give numerous examples of evidence that may be acceptable to establish the petitioner’s right to control the beneficiary. Sufficient information from an end client can be a strong piece of evidence to establish the existence of work for the beneficiary and the petitioner’s right to control the beneficiary’s employment, however it is not the only evidence that is relied upon at the VSC. USCIS considers the totality of the evidence submitted to establish an employer-employee relationship, the work assignment with an end client, and the duration of such work assignment. While end client letters may provide important and unique insight into assessing an employer-employee relationship such as describing the employment relationship between the beneficiary and the end client, the ultimate work performed by the beneficiary, the and the duration of the end client work, end client letters are only one type of documentary evidence to be considered. USCIS is aware that some end client companies have a policy that prohibits them from confirming the existence of contract employees. In addition to the suggested items above, petitioners could provide a copy of the contract or contracts that relate to the end client employment, the related work order(s), invoices, or a statement from the end client addressing their policy on confirming contract worker status. Regardless of the quantity or types of documentation provided, USCIS will consider the totality of the evidence.
CBP Clarifies TN Extensions of Stay While Immigrant Petition Is Pending/Approved
US Customs and Border Protection (CBP) recently released a 2008 letter which HELPS Canadian and Mexican professional workers in TN (Trade Nafta) status, who also happen to have pending or approved immigrant petitions, such as an I-140 petition for immigrant worker.
Historically, because TN status requires "nonimmigrant" (temporary) intent, the presence of a pending or approved immigrant petition has presented risks for the TN worker who is either: (1) seeking an extension of TN status from within the United States (through an I-129 petition filed with USCIS); or (2) outside of the United States and presenting themselves to CBP for admission in TN status.
In these situations, immigration officials have denied TN extensions/admissions, taking the position that since the TN applicant has a pending or approved immigrant (I-140) petition, he or she must be an intending immigrant (someone who intends to stay in the US on permanent basis), and therefore, lacks the temporary intent required by the TN classification.
Thankfully, the letter recognizes that "the mere filing or approval of an immigrant petition does not automatically constitute intent on the part of the beneficiary to abandon his or her foreign residence."
April 21_ 2008 letter from CBP re TN applicants with pending or approved immigrant petition
Historically, because TN status requires "nonimmigrant" (temporary) intent, the presence of a pending or approved immigrant petition has presented risks for the TN worker who is either: (1) seeking an extension of TN status from within the United States (through an I-129 petition filed with USCIS); or (2) outside of the United States and presenting themselves to CBP for admission in TN status.
In these situations, immigration officials have denied TN extensions/admissions, taking the position that since the TN applicant has a pending or approved immigrant (I-140) petition, he or she must be an intending immigrant (someone who intends to stay in the US on permanent basis), and therefore, lacks the temporary intent required by the TN classification.
Thankfully, the letter recognizes that "the mere filing or approval of an immigrant petition does not automatically constitute intent on the part of the beneficiary to abandon his or her foreign residence."
April 21_ 2008 letter from CBP re TN applicants with pending or approved immigrant petition
Most Recently Published USCIS Service Center Processing Times (as of 10-15-2010)
California Service Center Processing Times as of 10-15-2010
USCIS CSC Processing Times_10-15-2010
Vermont Service Center Processing Times as of 10-15-2010
USCIS VSC Processing Times_10-15-2010
Nebraska Service Center Processing Times as of 10-15-2010
USCIS NSC Processing Times_10-15-2010
Texas Service Center Processing Times as of 10-15-2010
USCIS TSC Processing Times_10-15-2010
National Benefits Center Center Processing Times as of 10-15-2010
USCIS NBC Processing Times_10-15-2010
USCIS CSC Processing Times_10-15-2010
Vermont Service Center Processing Times as of 10-15-2010
USCIS VSC Processing Times_10-15-2010
Nebraska Service Center Processing Times as of 10-15-2010
USCIS NSC Processing Times_10-15-2010
Texas Service Center Processing Times as of 10-15-2010
USCIS TSC Processing Times_10-15-2010
National Benefits Center Center Processing Times as of 10-15-2010
USCIS NBC Processing Times_10-15-2010
Friday, October 15, 2010
AILA President David Leopold on MSNBC
On Friday, October 8, 2010 AILA President David Leopold appeared on MSNBC Dayside to speak about immigration.
Wednesday, October 13, 2010
AILA Celebrates the DREAM Act (Part 2)
DREAM Act activists speak during AILA's Fall 2010 Board of Governor's meeting on September 24, 2010 in San Antonio, Texas.
AILA Celebrates the DREAM Act (Part 1)
DREAM Act activists speak during AILA's Fall 2010 Board of Governor's meeting on September 24, 2010 in San Antonio, Texas.
Vietnam Veterans face Deportation
"Valente Valenzuela fought for the United States in Vietnam. So did his brother Manuel. Now the two men, who were brought into the United States illegally as children, are facing deportation." CNN's Rafael Romo reports.
Train to Nowhere: Inside An Immigrant Death Investigation (Synopsis & Trailer)
Movie trailer for the documentary film Train to Nowhere; Inside an Immigrant Death Investigation. When eleven bodies are found inside a freight car in Iowa, a New York man is certain his missing younger brother will be listed among the dead. The Guatemalan immigrant joins investigators in a search for the smugglers who locked a group of undocumented immigrants inside the railcar to throw off Border Patrol inspectors. This documentary offers an in-depth look at the investigation and those involved -- from the Guatemalan brothers to a key immigration agent to a man charged in the case - in a tragedy that made headlines internationally. Available on DVD at www.traintonowhere.com.
Immigration Policy Center Answers to Toughest Immigration Questions
IPC (Immigration Policy Center) guide providing answers to some of the most common immigration-related questions, including those about worksite enforcement, border security, birthright citizenship, public benefits, crime, integration, the economic impact of immigration, and more.
Immigration Policy Center_Answers to the Toughest Immigration Questions
ABOUT THE IMMIGRATION POLICY CENTER
The Immigration Policy Center, established in 2003, is the policy arm of the American Immigration Council. IPC's mission is to shape a national conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy on U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policymakers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion‐makers, and the media. IPC is a non‐partisan organization that neither supports nor opposes any political party or candidate for office. Visit our website at www.immigrationpolicy.org and our blog at www.immigrationimpact.com.
Immigration Policy Center_Answers to the Toughest Immigration Questions
ABOUT THE IMMIGRATION POLICY CENTER
The Immigration Policy Center, established in 2003, is the policy arm of the American Immigration Council. IPC's mission is to shape a national conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy on U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policymakers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion‐makers, and the media. IPC is a non‐partisan organization that neither supports nor opposes any political party or candidate for office. Visit our website at www.immigrationpolicy.org and our blog at www.immigrationimpact.com.
US DOL FAQ Round 12: Employer Point of Contact Information
Question: Who may the employer designate as its point of contact in Section D of ETA Form 9089?
Question: Can the employer designate its attorney or agent as its point of contact in Section D of the ETA form 9089?
US DOL PERM FAQ Round 12_10-12-2010_re Employer Point of Contact Information
Question: Can the employer designate its attorney or agent as its point of contact in Section D of the ETA form 9089?
US DOL PERM FAQ Round 12_10-12-2010_re Employer Point of Contact Information
Monday, October 11, 2010
Touting the Record
by Victor Nieblas Pradis, AILA Secretary
Read more from the AILA Leadership Blog.
Yesterday, the secretary of homeland security, Janet Napolitano and the director of ICE, John Morton proudly announced they had broken a record—in fiscal year 2010, the Obama Administration deported 392,000 immigrants. That’s good news for those who claim Obama does not enforce the nation’s dysfunctional immigration laws. But, statistics and numbers do not tell the entire story.
Everyone agrees that we need to protect the American public. And the Administration has correctly made removing dangerous criminals a top priority. Yet, only half of those removed—more than 195,000—were convicted criminals. And there is no way to know whether they were priority cases—Terrorists and dangerous criminals—or simply folks who had been deported for some long ago youthful indiscretion. The rest of the deportees–197,000 people–had committed no crimes and were otherwise likely law abiding, hard working folks. The government’s big statistic leaves me wondering how many of them were mothers and fathers forced to leave American families.
Read more from the AILA Leadership Blog.
USCIS Citizenship Resource Center Website
USCIS Citizenship Resource Center website providing immigrants, teachers, and organizations with a portal to locate citizenship preparation materials and classes.
Link to USCIS Citizenship Resource Center Home Page.
U.S. Citizenship and Immigration Services (USCIS) is the government agency that oversees lawful immigration to the United States. USCIS seeks to secure America’s promise as a nation of immigrants by providing accurate and useful information to our customers, granting immigration and citizenship benefits, promoting an awareness and understanding of citizenship, and ensuring the integrity of our immigration system.
Office of Citizenship
The USCIS Office of Citizenship is mandated by the Homeland Security Act of 2002 (Pub. L. No. 107–296) to promote instruction and training on citizenship rights and responsibilities, including the development of educational materials.
The mission of the Office of Citizenship is to provide federal leadership, tools, and resources to proactively foster immigrant integration. To facilitate this process, the Office of Citizenship engages and supports partners to welcome immigrants; promote English language learning and education on the rights and responsibilities of citizenship; and encourage U.S. citizenship. The work of the Office of Citizenship is focused on three specific areas:
•Providing immigrants with opportunities and tools to become vested citizens
•Building community capacity to prepare immigrants for citizenship
•Promoting dialogue and collaboration on integration and raising awareness of its importance to society
For more information on USCIS and its history, please visit www.uscis.gov/aboutus.
Link to USCIS Citizenship Resource Center Home Page.
U.S. Citizenship and Immigration Services (USCIS) is the government agency that oversees lawful immigration to the United States. USCIS seeks to secure America’s promise as a nation of immigrants by providing accurate and useful information to our customers, granting immigration and citizenship benefits, promoting an awareness and understanding of citizenship, and ensuring the integrity of our immigration system.
Office of Citizenship
The USCIS Office of Citizenship is mandated by the Homeland Security Act of 2002 (Pub. L. No. 107–296) to promote instruction and training on citizenship rights and responsibilities, including the development of educational materials.
The mission of the Office of Citizenship is to provide federal leadership, tools, and resources to proactively foster immigrant integration. To facilitate this process, the Office of Citizenship engages and supports partners to welcome immigrants; promote English language learning and education on the rights and responsibilities of citizenship; and encourage U.S. citizenship. The work of the Office of Citizenship is focused on three specific areas:
•Providing immigrants with opportunities and tools to become vested citizens
•Building community capacity to prepare immigrants for citizenship
•Promoting dialogue and collaboration on integration and raising awareness of its importance to society
For more information on USCIS and its history, please visit www.uscis.gov/aboutus.
Democracy Now Video: Lou Dobbs
A new expose in The Nation magazine has revealed that Lou Dobbs has relied for years on undocumented labor for the upkeep of his multimillion-dollar estates and the horses he keeps for his daughter. Over the past year, investigative journalist Isabel Macdonald has tracked down and interviewed several workers who have done projects for Dobbs. Dobbs has been called the most influential spokesperson for the anti-immigration movement, and Dobbs has often used his TV and radio shows to criticize employers who break US law by hiring undocumented workers.
Lou Dobbs: American Hypocrite
There's no doubt that the reported $6 million a year Dobbs raked in while bashing undocumented immigrants at CNN has helped him amass real estate, and boosted his family's profile in the elite world of horse shows. But without undocumented immigrants, just who would look after Dobbs' properties?
Visa Bulletin November 2010
November 2010 Visa Bulletin
Summary:
FAMILY BASED CATEGORIES
Family 1st: Advance one week for Mexico; Advance one month for the Philippines; no movement for most countries.
Family 2A: Advance from April 2010 to June 2010 for Worldwide; Advance three months for Mexico (to March 2010).
Family 2B: Advance April 2005 to June 2005 for Worldwide; no movement for Mexico or the Philippines.
Family 3rd:Advance one month for most countries (to June 2002); no movement for Mexico or the Philippines.
Family 4th: Advance one month for most countries (to January 2002); Advance one week for Mexico; no movement for the Philippines.
EMPLOYMENT BASED CATEGORIES:
EB-1: Remains Current, all categories.
EB-2: No movement for India (at May, 8, 2006); advance one week for China (to May 22, 2006).
EB-3: Advance two weeks for most countries; advance one week advance for India and Mexico.
EB-3 Other Workers: Advance one week for all countries.
EB-4: Remains Current, all categories.
EB-5: Remains Current, all categories.
Report: Lou Dobbs hired illegal immigrants
By Andy Barr
Politico
Link.
Politico
Former CNN host Lou Dobbs, long one of the harshest voices against illegal immigration, has for years employed undocumented workers, according to a report by The Nation.
The liberal magazine reports that “Dobbs has relied for years on undocumented labor for the upkeep of his multimillion-dollar estates and the horses he keeps for his 22-year-old daughter, Hillary, a champion show jumper.”
The Nation says it spoke to five undocumented workers who say they once were employed by Dobbs.
A workers who said he tended the stable for Dobbs told The Nation he received $500 a week for typically 65 hours of work. Other workers reported similar low pay for long hours, and all said that they were undocumented, The Nation said.
Dobbs still frequently rails against illegal immigration on his radio show and was notorious for anti-illegal-immigration rhetoric on his CNN program — including floating a theory that H1N1 had been carried to the United States by illegal immigrants.
A Dobbs spokesman told The Nation that he would not comment on the story, and he did not immediately respond to a request for comment from POLITICO.
Link.
Wednesday, October 6, 2010
Immigration Supporters Take Center Stage at One Nation March
Reverend Al Sharpton spoke about immigration rights and government action. Marcos Vilar, national co-chair of One Nation's immigrants rights table, stressed the importance of community involvement.
E-Verify User Manual for Federal Contractors
USCIS released a user manual that provides guidance on E-Verify processes and outlines the rules and responsibilities for federal contractors who have the Federal Acquisition Regulation (FAR) E-Verify clause in their contracts.
E-Verify User Manual for Federal Contractors September 2010 Revision -
E-Verify User Manual for Federal Contractors September 2010 Revision -
U.S. Department of Labor OIG Report: Suspension and Debarment in Foreign Labor Certification
WHY READ THE REPORT
This report discusses the U.S. Department of Labor’s (DOL) use of suspension and debarment authority within the foreign labor certification (FLC) programs. Suspension and debarment are used to assure that the government does business with only responsible parties. Suspension prohibits persons or entities from participating in government business pending the results of an agency investigation. Debarment excludes persons or entities from government business for up to 3 years for prescribed violations. The Federal government established the government-wide Excluded Parties List System as a comprehensive list of individuals and firms suspended, disqualified, or otherwise excluded from receiving business or benefits from federal agencies.
In concert with the Departments of Homeland Security and State, DOL’s Office of Foreign Labor Certification (OFLC) and WHD oversee and enforce provisions of the Immigration and Nationality Act (INA) related to several visa programs that permit foreign residents to work in the United States. Violations of program requirements subject persons and entities to potential debarment from future program participation and other government business.
US DOL Office of Inspector General_Audit and Debarment Report_9-30-2010
Office of Inspector General (OIG)
The Office of Inspector General (OIG) at the U.S. Department of Labor (DOL) conducts audits and evaluations to review the effectiveness, efficiency, economy, and integrity of all DOL programs and operations, including those performed by its contractors and grantees. This work is conducted in order to determine whether: the programs and operations are in compliance with the applicable laws and regulations; DOL resources are efficiently and economically being utilized; and DOL programs achieve their intended results.
This report discusses the U.S. Department of Labor’s (DOL) use of suspension and debarment authority within the foreign labor certification (FLC) programs. Suspension and debarment are used to assure that the government does business with only responsible parties. Suspension prohibits persons or entities from participating in government business pending the results of an agency investigation. Debarment excludes persons or entities from government business for up to 3 years for prescribed violations. The Federal government established the government-wide Excluded Parties List System as a comprehensive list of individuals and firms suspended, disqualified, or otherwise excluded from receiving business or benefits from federal agencies.
In concert with the Departments of Homeland Security and State, DOL’s Office of Foreign Labor Certification (OFLC) and WHD oversee and enforce provisions of the Immigration and Nationality Act (INA) related to several visa programs that permit foreign residents to work in the United States. Violations of program requirements subject persons and entities to potential debarment from future program participation and other government business.
US DOL Office of Inspector General_Audit and Debarment Report_9-30-2010
Office of Inspector General (OIG)
The Office of Inspector General (OIG) at the U.S. Department of Labor (DOL) conducts audits and evaluations to review the effectiveness, efficiency, economy, and integrity of all DOL programs and operations, including those performed by its contractors and grantees. This work is conducted in order to determine whether: the programs and operations are in compliance with the applicable laws and regulations; DOL resources are efficiently and economically being utilized; and DOL programs achieve their intended results.
Tuesday, October 5, 2010
Hidden Cameras on the Arizona Border 3: A Day in the Life of a Drug Smuggler
Mini-Documentary Examines Drug Cartel Travel Methods
WASHINGTON (September 28, 2010) – Today the Center for Immigration Studies released the third film in a series, “Hidden Cameras on the Arizona Border 3: A Day in the Life of a Drug Smuggler,” at an event hosted by the Center for Immigration Studies and Women in Homeland Security. This is the Center’s National Security Director Janice Kephart’s third web-based border film, this time focusing on drug cartel travel methods through Arizona’s federally owned land. Ms. Kephart obtained much of the footage for the film by traveling with her hidden camera guide into three drug running corridors in central Arizona. She was joined on the panel by Julie Myers Wood, former Assistant Secretary for Immigration and Customs Enforcement, Department of Homeland Security.
Hidden Cameras 3 exposes the ways and means of the illicit drug trade by specifically honing in on how drug mules successfully move 50 pound packs of marijuana through desert heat on foot into Arizona desert and 80 miles north of the U.S.-Mexican border until they reach the east-west I-8 corridor. The film also includes hidden camera footage taken at night of drug mules moving quickly to meet a load truck on the I-8 highway.
Ms. Kephart's second film in the series released in July 2010, “Hidden Cameras on the Arizona Border 2: Drugs, Guns and 850 Illegal Aliens,” with extensive hidden camera footage of drug smugglers and illegal aliens, has received extensive press coverage on FOX National News and affiliates, radio and print news, and over 540,000 YouTube views. The Center's first video on the subject, “Hidden Cameras on the Arizona Border: Coyotes, Bears, and Trails,” focuses on the illegal alien traffic and immense negative environmental impact on the Coronado National Forest from illegal alien smuggling and has received over 70,000 views to date.
Credits
Director/Writer/Narrator/Field Footage: Janice Kephart
Video Production/Graphics/Editing: Bryan Griffith
Music Composition/Production/Editing: Buddy Speir
Hidden Camera/Still Photography: SecureBorderIntel.org
# # #
The Center for Immigration Studies is an independent research institute which examines the impact of immigration on the United States
Monday, October 4, 2010
Whitman's not first with illegal worker woes
By Cindy Carcamo
The Orange COunty Register
Read more including a slide show.
The Orange COunty Register
Gubernatorial candidate Meg Whitman isn't the first and probably won't be the last politician to admit she hired a housekeeper who is in the country illegally.
She joins a long list of public officials who've made headlines recently after they were tripped up over the immigration status of workers they hired or helped.
Read more including a slide show.
Sunday, October 3, 2010
PBS NewsHour: Meg Whitman: You Could Have Hit Me Over with a Feather
In an interview with The PBS NewsHour, California Republican Gubernatorial candidate Meg Whitman talks about her views on immigration and Latino voters in light of revelations that she employed an undocumented worker in her home. Whitman says she fired the worker once she learned of her illegal status.
USCIS Deferred Inspection Sites: Contact and Location Information
There are 70 Deferred Inspections Sites throughout the United States and the outlying territories where incoming aliens are referred when documentation requires additional review and/or possible correction.
deferred_inspection_sites_8-24-2010
Link.
deferred_inspection_sites_8-24-2010
Link.
Friday, October 1, 2010
AR-11 Change of Address: Five Answers to Common Questions on Changing Your Address
via The Beacon, Official Blog of USCIS
If you need to change your address with USCIS, the following five questions and answers should help you navigate the process a little more easily:
1. How soon after my move should I notify USCIS of my new address?
Most non U.S. citizens must notify USCIS of a new address within 10 days of moving. Exceptions include:
•Diplomats (visa status A),
•Official government representatives to an international organization (visa status G), and
•Certain nonimmigrants who do not possess a visa and who are in the U.S. for fewer than 30 days.
U.S. Citizens are required to notify USCIS of a change of address if they have previously submitted a Form I-864, Affidavit of Support, on behalf of someone who has become a permanent resident. If you have previously submitted a Form I-864 for someone who immigrated to the U.S., and that sponsorship agreement is still in force, you must complete a Form I-865, Sponsor’s Notice of Change of Address, within 30 days of the change in address.
2. How do I change my address with USCIS?
You can complete Form AR-11 and change your address on any pending application or petition by using our Online Change of Address service. If you do not use our online service, you must submit Form AR-11 by mail and change your address on any pending applications and/or petitions by calling our National Customer Service Center at 1-800-375-5283. For more detailed information, visit our website.
3. Is changing my address with the post office enough?
No. If you are required to change your address with USCIS, but only change your address with the post office, you may not receive important notices about your case. In addition, failure to notify USCIS directly of your change of address may render you in violation of the applicable immigration laws.
4. Do I have to submit a change of address for every pending application or petition?
Yes. To ensure that all USCIS correspondence is sent to your current address, you must submit a change of address for every pending application and/or petition that you have with USCIS. You can do so online or by calling our National Customer Service Center at 1-800-375-5283.
5. Is calling the National Customer Service Center to update my address on pending applications and/or petitions enough?
If you are a non-U.S. citizen (and you do not belong to one of the three excepted groups listed in the answer to question 2), the answer is "no." You must also submit Form AR-11, either online or by mail.
As already mentioned in the answer to question 3, you can update your address on pending applications and/or petitions either online or by calling the National Customer Service Center at 1-800-375-5283.
If you are a U.S. Citizen who previously submitted a Form I-864 that is still in force and you use the National Customer Service Center to update your address on an application or petition pending with USCIS, you must also complete a Form I-865 to satisfy your obligations under the applicable sponsorship regulations.
Link to USCIS Blog Post.
If you need to change your address with USCIS, the following five questions and answers should help you navigate the process a little more easily:
1. How soon after my move should I notify USCIS of my new address?
Most non U.S. citizens must notify USCIS of a new address within 10 days of moving. Exceptions include:
•Diplomats (visa status A),
•Official government representatives to an international organization (visa status G), and
•Certain nonimmigrants who do not possess a visa and who are in the U.S. for fewer than 30 days.
U.S. Citizens are required to notify USCIS of a change of address if they have previously submitted a Form I-864, Affidavit of Support, on behalf of someone who has become a permanent resident. If you have previously submitted a Form I-864 for someone who immigrated to the U.S., and that sponsorship agreement is still in force, you must complete a Form I-865, Sponsor’s Notice of Change of Address, within 30 days of the change in address.
2. How do I change my address with USCIS?
You can complete Form AR-11 and change your address on any pending application or petition by using our Online Change of Address service. If you do not use our online service, you must submit Form AR-11 by mail and change your address on any pending applications and/or petitions by calling our National Customer Service Center at 1-800-375-5283. For more detailed information, visit our website.
3. Is changing my address with the post office enough?
No. If you are required to change your address with USCIS, but only change your address with the post office, you may not receive important notices about your case. In addition, failure to notify USCIS directly of your change of address may render you in violation of the applicable immigration laws.
4. Do I have to submit a change of address for every pending application or petition?
Yes. To ensure that all USCIS correspondence is sent to your current address, you must submit a change of address for every pending application and/or petition that you have with USCIS. You can do so online or by calling our National Customer Service Center at 1-800-375-5283.
5. Is calling the National Customer Service Center to update my address on pending applications and/or petitions enough?
If you are a non-U.S. citizen (and you do not belong to one of the three excepted groups listed in the answer to question 2), the answer is "no." You must also submit Form AR-11, either online or by mail.
As already mentioned in the answer to question 3, you can update your address on pending applications and/or petitions either online or by calling the National Customer Service Center at 1-800-375-5283.
If you are a U.S. Citizen who previously submitted a Form I-864 that is still in force and you use the National Customer Service Center to update your address on an application or petition pending with USCIS, you must also complete a Form I-865 to satisfy your obligations under the applicable sponsorship regulations.
Link to USCIS Blog Post.
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