Rachel Huan Kao's Archived Articles
Immigration
News
August 2004
Pending Legislation
Federal Legislation - AgJOBS Act S. 1645/H.R. 3142 is now being openly
opposed by the White House. This bill was expected to be enacted prior
to November, in time for the election. It is considered the least helpful
to the immigrant community at large, but the most likely to be enacted.
State Legislation – HB5320 Driver’s License Bill for documented
individuals without Social Security Number has passed both houses and
been sent to the Governor for signature. This bill permits for individuals
who can demonstrate legal status but are otherwise ineligible for social
security numbers to obtain a temporary visitor’s driver’s
license, valid for the duration of their authorized presence in the U.S.
up to three years.
Health Care Worker Certification
As of July 26, 2004 all foreign Health Care Workers must have certification
to be eligible for temporary or permanent employment visas. TN health
care workers (from Canada or Mexico, in TN visa status) have been given
a one-year reprieve from obtaining the certification, but only if they
were employed as a TN nonimmigrant health care worker before September
23, 2003, and have a valid license from a U.S. jurisdiction prior to September
23, 2003. All other foreign health care workers must obtain certification
from an approved credentialing organization before applying for or extending
temporary or permanent employment visas.
Unmanned Aerial Vehicles
The Department of Homeland Security through the Customs and Border Patrol
(CBP), will add two unmanned aerial vehicles (UAVs) to the current border
surveillance retinue for the remainder of the summer. These Hermes 450
UAVs are only a part of the surveillance team on Arizona’s southern
border, joining manned aircraft, helicopters, ground sensors, and CBP
personnel in monitoring illegal activity at the southwestern border. This
launch represents a joint effort by federal agencies and local law enforcement
agencies as part of the Arizona Border Control Initiative. The UAVs provide
round the clock surveillance through electro-optic sensors to communicate
with CBP.
New Photo Requirements
CIS announced that soon all required photographs should be passport-style,
the current standard utilized by the Department of State. All new cases
filed to the California Service Center should include passport-style photographs
if photographs are required. Nebraska Service Center is expected to utilize
this standard as of August 1, 2004. All pending cases should wait for
further instructions and not send in new photographs.
H-1B Cap Gap Notice
For those F-1 or J-1 students with D/S whose F-1 or J-1 status (including
the 60 day grace period) will terminate prior to October 1, 2004, the
date that H-1B status becomes available to them, the Department of Homeland
Security has recommended that those in F-1 or J-1 status with D/S who
are beneficiaries of H-1B petitions be permitted to change their status
in the US from F-1 to H-1B without leaving the country, as long as that
change of status request is filed by July 30, 2004, and the student is
in status as of the date of the change of status request. This also applies
to F-2 and J-2 dependents of eligible F-1 and J-1 students. Students whose
case have already been denied and who will now be eligible for a change
of status may submit a Motion to Reopen, or a new change of status application.
Labor Certification
Applications
The Department of Labor mobilized their personnel to focus on H-2A cases
for the past several months. Since December 2003, officers at the Chicago
Regional Office have not worked permanent labor certification cases, but
rather temporary H-2A cases, at the behest of the National Office. Beginning
in mid-July, officers have been able to return to processing permanent
labor certification applications. This explains the lack of activity in
permanent cases since December. Anecdotal information from other regions
indicates that other Regional Offices have been similarly affected by
the National Office’s priority handling of H-2A temporary cases.