Posted on May 30, 2007 by Robert A. Kraft

Citizenship FAQs

1. What are the basic requirements that I must meet before I can apply to become a U.S. citizen?

In order to apply for citizenship (often called naturalization) you must meet all of the following requirements:

Be a lawful permanent resident of the United States (green card holder);

Be 18 years of age or older;

Have been a permanent resident for at least five years (only three years if married to a U.S. citizen);

Be a person of good moral character;

Have been physically present in the U.S. for at least half of the five years;

Not have been absent from the U.S. for more than one year. Absences of more than six months, however, create a presumption that you have abandoned your permanent residency; and

Have a basic understanding of written and spoken English and U.S. history.

2. Am I eligible to obtain dual citizenship?

Maybe. The United States allows citizens of other countries to hold dual citizenship. You also need to check the laws of your home country to make sure that it allows dual citizenship as well.

3. How long does it take to become a U.S. Citizen?

It depends. Current processing times are between 9 and 12 months for a final decision to be made and for an oath ceremony to be scheduled. Each applicant, however, must go though fingerprinting and background checks. These background checks my take several months, or even years, to complete.

4. Can I live overseas after I become a citizen?

Yes. The United States does not place any restrictions on U.S. citizens wanting to live abroad, and you do not run the risk of losing your citizenship.

5. What are the filing fees associated with an application for citizenship?

The current filing fees are $330 for the citizenship application and $70 for fingerprints. Immigration Services has issued a new fee schedule that goes into effect on July 30, 2007. On that date, the total for fingerprints and filing fees will be $675.

6. What should I do if I cannot attend my oath ceremony?

If you are unable to attend the oath ceremony, you should return the "Notice of Naturalization Oath Ceremony" that the U.S. Citizenship and Immigration Services (USCIS) sent you, along with a letter explaining why you cannot attend the ceremony. Your local office will reschedule and send you a new "Notice of Naturalization Oath Ceremony" to advise you of your new ceremony date.

7. Does my child automatically become a U.S. citizen after I am naturalized?

In most cases, your natural or adopted child is a citizen if the following are true:

The other parent is also naturalized, or you are the only surviving parent (if the other parent is deceased), or you have legal custody (if you and the other parent are legally separated or divorced).

The child was under 18 when the parent(s) naturalized.

The child was not married when the parent(s) naturalized and the child was a permanent resident before his or her 18th birthday.

8. What are some of the benefits of becoming a citizen?

A: Naturalized American citizens have many rights, including the right to vote, to hold public office (except that of the Vice-President or President), to extend U.S. citizenship to their children, and to obtain visas for immediate relatives.

9. If I don't speak English fluently can I take the exam in another language.

It depends. The English language requirement is only waived for persons meeting the following criteria: If you are over the age of 50 and have been a permanent resident for 20 years or more, or if you are over the age of 55 and have been a permanent resident for 15 years or more.

10. What can I expect from the history exam?

The U.S. government wants you to be knowledgeable about U.S. history and government structure. The questions range from U.S. history to naming current government officials. While there are 100 possible questions that may be asked, you will likely be asked only 10 or so. The test may be given orally or in writing.

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Posted on May 30, 2007 by Robert A. Kraft

Frequently Asked Questions About Becoming A U.S. Citizen

1. What are the basic requirements that I must meet before I can apply to become a U.S. citizen?

In order to apply for citizenship (often called naturalization) you must meet all of the following requirements:

Be a lawful permanent resident of the United States (green card holder);

Be 18 years of age or older;

Have been a permanent resident for at least five years (only three years if married to a U.S. citizen);

Be a person of good moral character;

Have been physically present in the U.S. for at least half of the five years;

Not have been absent from the U.S. for more than one year. Absences of more than six months, however, create a presumption that you have abandoned your permanent residency; and

Have a basic understanding of written and spoken English and U.S. history.

2. Am I eligible to obtain dual citizenship?

Maybe. The United States allows citizens of other countries to hold dual citizenship. You also need to check the laws of your home country to make sure that it allows dual citizenship as well.

3. How long does it take to become a U.S. Citizen?

It depends. Current processing times are between 9 and 12 months for a final decision to be made and for an oath ceremony to be scheduled. Each applicant, however, must go though fingerprinting and background checks. These background checks my take several months, or even years, to complete.

4. Can I live overseas after I become a citizen?

Yes. The United States does not place any restrictions on U.S. citizens wanting to live abroad, and you do not run the risk of losing your citizenship.

5. What are the filing fees associated with an application for citizenship?

The current filing fees are $330 for the citizenship application and $70 for fingerprints. Immigration Services has issued a new fee schedule that goes into effect on July 30, 2007. On that date, the total for fingerprints and filing fees will be $675.

6. What should I do if I cannot attend my oath ceremony?

If you are unable to attend the oath ceremony, you should return the "Notice of Naturalization Oath Ceremony" that the U.S. Citizenship and Immigration Services (USCIS) sent you, along with a letter explaining why you cannot attend the ceremony. Your local office will reschedule and send you a new "Notice of Naturalization Oath Ceremony" to advise you of your new ceremony date.

7. Does my child automatically become a U.S. citizen after I am naturalized?

In most cases, your natural or adopted child is a citizen if the following are true:

The other parent is also naturalized, or you are the only surviving parent (if the other parent is deceased), or you have legal custody (if you and the other parent are legally separated or divorced).

The child was under 18 when the parent(s) naturalized.

The child was not married when the parent(s) naturalized and the child was a permanent resident before his or her 18th birthday.

8. What are some of the benefits of becoming a citizen?

A: Naturalized American citizens have many rights, including the right to vote, to hold public office (except that of the Vice-President or President), to extend U.S. citizenship to their children, and to obtain visas for immediate relatives.

9. If I don't speak English fluently can I take the exam in another language.

It depends. The English language requirement is only waived for persons meeting the following criteria: If you are over the age of 50 and have been a permanent resident for 20 years or more, or if you are over the age of 55 and have been a permanent resident for 15 years or more.

10. What can I expect from the history exam?

The U.S. government wants you to be knowledgeable about U.S. history and government structure. The questions range from U.S. history to naming current government officials. While there are 100 possible questions that may be asked, you will likely be asked only 10 or so. The test may be given orally or in writing.

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Posted on May 29, 2007 by Robert A. Kraft

Immigration Filing Fees Are Going To Skyrocket!

Today, Immigration Services announced that a final fee structure was set in place that increases filing fees associated with immigration-related petitions and applications. This new fee structure is set to become effective on July 30, 2007. Immigration Services stated that the increase in fees for the vast majority of cases will eventually lead to a 20% reduction in average processing times for applications by the end of the year 2009.

The new fee structure, however, makes it extremely expensive to file the most common immigration cases. For example, a person will have to pay $675 for an application to become a U.S. citizen. The current cost is $400. If you are planning on filing a petition to bring your spouse or a relative to the United States, the cost will nearly double, making the filing fee $355.

These new fees do not affect cases that have already been filed, and will not apply to cases filed before July 30, 2007. If you are interested in beginning your immigration-related case, it is vital that you begin your case today so that you are not affected by the increase in immigration filing fees!

For more information about the new fee structure, please visit this special page of the USCIS Web site.

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Posted on May 25, 2007 by Robert A. Kraft

Visa Bulletin -- June 2007

Visa Bulletin

Number 106
Volume VIII
Washington, D.C.

VISA BULLETIN FOR JUNE 2007

A. STATUTORY NUMBERS:

1. This bulletin summarizes the availability of immigrant numbers during June. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by May 11th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date. 2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

3. Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First : Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Second : Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Third : Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth : Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.

EMPLOYMENT-BASED PREFERENCES

First : Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second : Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third : Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".

Fourth : Certain Special Immigrants: 7.1% of the worldwide level.

Fifth : Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

5. On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Fam-ily All Charge- ability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPP-INES
1st 01JUN01 01JUN01 01JUN01 01JAN91 22APR92
2A 22APR02 22APR02 22APR02 01MAY01 22APR02
2B 01DEC97 01DEC97 01DEC97 08MAR92 01OCT96
3rd 15MAY99 15MAY99 15MAY99 08FEB88 01JAN85
4th 08JUN96 08JAN96 22JAN96 15JUL94 01MAR85

*NOTE: For June, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01MAY01. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT  MEXICO with priority dates beginning 01MAY01 and earlier than 22APR02. (All 2A numbers provided for MEXICO are exempt from the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.)

All
Charge-ability
Areas
Except
Those
Listed

 CHINA-
mainland born		 INDIA MEXICO PHILIP-PINES
Employ-ment
-Based
1st C C C C C
2nd C 01JAN06 01APR04 C C
3rd 01JUN05 01JUN03 01JUN03 01JUN03 01JUN05
Other
Workers 		01OCT01 01OCT01 01OCT01 01OCT01 01OCT01
4th C C C C C
Certain Religious Workers C C C C C
Iraqi & Afghani Translators 18SEP06 18SEP06 18SEP06 18SEP06 18SEP06
5th C C C C C
Targeted Employ-ment Areas/
Regional Centers 		C C C C C

The Department of State has available a recorded message with visa availability information which can be heard at: (area code 202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.

Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105 - 139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States. The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This reduction has resulted in the DV-2007 annual limit being reduced to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

For June, immigrant numbers in the DV category are available to qualified DV-2007 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

RegionAll DV Chargeability Areas Except Those Listed Separately
AFRICA 27,000

Except:
Egypt:
21,800
Ethiopia:
18,900
Nigeria:
14,600

ASIA 6,800
EUROPE 19,000 Except:
Ukraine
11,850
NORTH AMERICA (BAHAMAS) 7
OCEANIA 1,100
SOUTH AMERICA, and the CARIBBEAN 1,750

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2007 program ends as of September 30, 2007. DV visas may not be issued to DV-2007 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2007 principals are only entitled to derivative DV status until September 30, 2007. DV visa availability through the very end of FY-2007 cannot be taken for granted. Numbers could be exhausted prior to September 30.

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN JULY

For July, immigrant numbers in the DV category are available to qualified DV-2007 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

RegionAll DV Chargeability Areas Except Those Listed Separately
AFRICA 35,500

Except:
Egypt:
22,600
Ethiopia 22,900
Nigeria 16,150

ASIA 7,750
EUROPE 23,000 Except:
Ukraine 13,000
NORTH AMERICA (BAHAMAS) 12
OCEANIA 1,800
SOUTH AMERICA, and the CARIBBEAN 2,500

D. EMPLOYMENT THIRD PREFERENCE "OTHER WORKER" CATEGORY FOR JUNE

A few "Other Worker" numbers which had been allocated for April were returned unused at the end of the month. As a result, a very small June allocation has been possible, for applicants with priority dates before October 1, 2001. The category will become "Unavailable" once again beginning in July and will remain so for the remainder of FY-2007.

E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS

The current level of demand in many of the Employment-based categories has been much lower than anticipated. As a result, the June cut-off dates have been advanced significantly in an effort to maximize number use under the annual numerical limits. At this time it appears likely that there will be additional advances during the coming months.

All readers should be aware that such cut-off date movements should allow for action to be finalized on a significant number of Citizenship and Immigration Services adjustment of status cases. Once that level of demand begins to exceed the supply of available numbers it will be necessary to make "adjustments" to the cut-off dates. At this time is in not possible to estimate when this is likely to occur, but it is expected.

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Posted on May 23, 2007 by Robert A. Kraft

Questions We Get

At Kraft & Associates, we receive many questions from individuals regarding immigration laws and procedures. Here are some of the most recent questions we've received, and our answers.

Q: On my EAD card, it says that there are no employment restrictions. Does this mean that I can be self employed? I am married to a US citizen and am now waiting for my conditional residency interview.

A: If you are a green card holder, then you are able to engage in self-employment and that is why your EAD card states that there are no restrictions on your employment.

Q: My wife and her three children came to the states from England on my wife's student visa in 2003. We have now been married for two years (as of last November). We have an 18 month old son together. What forms do we need to do so that my wife can get her green card?

A: Based on the information you provided, it sounds like you and your wife are eligible to use the DORA program which would allow her and her children to become permanent residents of the United States. This program is designed to have a decision reached in a case within 90 days of an interview. In many cases, it helps to have a lawyer prepare the documents, as they are quite a few and all documentation must be fully complete before you and your wife would be accepted into the DORA program.

Q: Would you recommend filing for a spouse visa or a fiancé visa if our goals are to get the non-US citizen into the country as soon as possible with work authorization?

A: There a several factors that determine whether a K-1 fiancé visa or a spouse visa is the best option for a person. Your country of citizenship, previous immigration history and the embassy where you would process are all factors to consider. It is very difficult to answer your questions without first knowing many more details.

Q: I have a sister in law who is about to finish what is considered High School here in America. Well what we want to know is if there is a ways she can  come to the United states to further her education. She has a tourist visa so she can come in legally to the country, she is from Mexico. And if that is possible what can we do to make it possible.

A: Your sister should apply to universities and colleges in the U.S. Once she is accepted, the school itself will help your sister obtain her F-1/Student Visa.

Q: I would like to know what I need to do to become a U.S. citizen. I currently have a resident alien card that expires on 08/04/07. I have resided in the U.S.A. since 09/29/87.

A: If you have had your green card for five years (or three years if married to a U.S. citizen) you will be eligible to apply for your citizenship. Several other factors such as your immigration history and criminal history (if any) are relevant in determining if you can apply for citizenship.

Q: My husband immigration green card will expired in 4/06/07. I just caught it. Do I have to pay again to renew it? This is his second card the first one he lost and that one never expired.

A: Your husband will need to renew his green card and there is a fee associated with this. Depending on how long your husband has had his green card, he may be eligible for U.S. Citizenship. 

Q: I am a citizen of the UK on a visa waiver here in the USA.  I have overstayed and now ready to leave to return to the UK. Please tell me if the Immigration at the Airport would deny my departure.

A: You should not have any problems trying to leave the United States. However, because of your overstay, you will be barred from re-entering the U.S. using the visa waiver program.

Q: My husband was traveling from Texas to Tennessee and immigration stopped the busl in which his was traveling and they took him to jail because he doesn't have papers. Is there anything I can do for him?

A: If you are a citizen, you can file a petition so that your husband can obtain a green card. If your husband has been placed in removal proceedings he will have to apply for this before an immigration judge. Additionally, his ability to obtain permanent residency depends on his previous immigration history and his criminal history, if any.

Q: How long must my boyfriend and I be married before he becomes a citizen?  how long before he can come and go from Mexico legally after we are married?

A: As soon as you are married you may file a petition for your husband. Additionally, if you are living in Texas, you will need to use the DORA program. The goal of this program is to have a green card issued within 90 days of the interview.

Q: I am a British citizen.  How many times can a British citizen enter the US on a B2 Visa?

A: There is no set limit on how many times a person can enter the U.S. on a tourist visa. The most important thing is to either leave the U.S. before the visa expires, or renew the visa before it expires.

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Posted on May 22, 2007 by Robert A. Kraft

Department Of Labor Issues New Rules For Labor Certifications

On May 17, 2007, the Department of Labor (DOL) amended its administrative regulations as they relate to labor certifications. The new rules will go into effect on July 16, 2007. Cases already pending with the DOL will not be affected by the new provisions.

Many foreign employees in the U.S. would like for their employers to sponsor them for their green cards, or permanent residency. The first step in this process is obtaining a labor certification that has been approved by the DOL. A labor certification attests that there are not sufficient workers able, willing, qualified and available to perform the work, and that the employment of the foreign workers will not adversely affect the wages and working conditions of U.S. workers in similar positions. Once these certifications are made, the DOL will approve a labor certification.

The new rules issued by the DOL, however, drastically change the way labor certifications are handled. For example, current rules allow for substitution, where employers can replace one foreign worker in a labor certification for another without losing the employer's place in the processing line. The final regulation eliminates this practice, making it difficult for an employer to make a substitution should a worker be terminated or voluntarily leave the company.

The DOL will now also ban an employer from recouping the costs associated with the labor certification process from the foreign employee, including legal costs. From now on, any costs associated with preparing, submitting, and obtaining a permanent labor certification must be paid by the sponsoring employer and not paid by the employee. Many small to mid-sized companies ask their employees to pay legal costs associated with the employee's labor certification; the new rules do away with this, which may put a financial strain on employers.

The final rule also provides a 180-day validity period for approved labor certifications; employers will have 180 calendar days within which to file with Immigration Services an approved permanent labor certification in support of a Form I-140 Immigrant Petition for Alien Worker. The rule also prohibits the sale, barter, or purchase of permanent labor certifications and applications.

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Posted on May 20, 2007 by Robert A. Kraft

Dallas Morning News Speaks Out In Favor Of Proposed Immigration Bill

Today's Dallas Morning News editorializes in favor of the proposed compromise immigration bill. Here is the editorial:

Good Starting Point

But immigration plan will need some work

The fact that the Senate will return to immigration this week is a political miracle of sorts. Sharply divergent points of view - and we mean really sharp - have stalled the debate for an entire year.

Thanks, however, to brutal negotiations involving the White House and dedicated senators from both parties, the Senate will start with a bipartisan bill. Deserving of Texans' thanks for renewing the debate are President Bush, who has kept the issue alive in speeches, and lead Senate negotiators Ted Kennedy and Jon Kyl.

As an editorial board that has pushed hard for immigration reform, we think this bill is a good place to begin - but with the understanding that major work is still to be done:

The selling points

Border security: The plan doesn't wink at ratcheting up border security. The addition of 18,000 border agents and 70 new radar towers will help take the lawlessness out of the southern border. So will the resources to detain 27,500 aliens a day.

We have never been wild about a border fence, but the 370 miles of fencing and 200 miles of road barriers should satisfy those who think a wall will reduce the flow of illegal immigrants. In fact, border hawks should like that many security measures must be in place before a new temporary worker program starts.

Enforcing the worksite: One of the best parts is the new electronic identification system. Employers will know if they are hiring legal workers. There's too much uncertainty today when it comes to worker IDs. The situation in Cactus, Texas, proved that.

Unlike the current system, all workers must prove they are here legally. Under the new system, employers would run their info through a new national verification database. If those on the job aren't legal, the employers are fined and the workers are fired.

Pathway to citizenship: Mr. Kyl, a Republican, has reversed course and acknowledged that there's no way to correct our immigration problems without giving the estimated 12 million illegal immigrants living here a chance to earn citizenship. More power to the man for stepping forward, knowing many will scream amnesty.

It's not.

Illegal immigrants seeking citizenship must pay a $5,000 fine, possess a job, undergo a background check and wait eight to 13 years before becoming a citizen. They don't jump to the head of any line. In fact, they can't earn citizenship until all current applications are approved or rejected.

They can eventually earn citizenship, though, and that's crucial to getting immigrants to come out of the shadows.

What needs work

Temporary workers: 400,000 foreign workers could qualify for employment visas annually. That essentially matches the number of foreign workers who come here illegally each year.

There's a catch, though, that could make the provision unworkable. Temporary workers could earn three two-year work visas. In between each two-year stint, they would have to return home for one year.

The risk with the return-home requirement is that some workers may go underground and stay here. We would prefer that senators amend the bill to match the House plan, which has no return-home provision for temporary workers.

At the least, senators should amend it so more exceptions can be granted to workers in high-demand industries. That would minimize the temptation for some workers to go underground.

Green cards: Fortunately, temporary workers could earn a green card after their work stints end. But that could become a mirage if the Senate doesn't include enough cards that let workers stay here legally. (Green cards allow for legal permanent residency, not citizenship.)

The Senate would be foolish to ignore reality. Temporary workers with good jobs probably will stay here, even if they can't get a green card. So it's important to have enough cards to go around in order to know who is actually here.

This proposal represents an improvement over the status quo, but it's not the endgame. We urge Texas Sens. Kay Bailey Hutchison and John Cornyn to address these shortfalls this week.

The next few months will be like crawling through broken glass, as Frank Sharry of the National Immigration Forum aptly put it Friday. But Washington must grit its teeth and work through the pain if the nation is to finally fix our broken immigration system.STILL NOT SOLD? Why border hawks should like the Senate plan:

* 18,000 new border agents

* Ends "catch and release" of illegal immigrants

* 70 new radar towers

* Resources to detain 27,500 illegal immigrants a day

* An electronic verification system for all employees

* Illegal workers lose their jobs

* Employers face big fines

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Posted on May 19, 2007 by Robert A. Kraft

Secure Borders, Economic Opportunity And Immigration Reform Act Of 2007

Here is a link to the latest draft of the proposed U.S. Senate immigration reform bill.

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Posted on May 18, 2007 by Robert A. Kraft

From AILA -- Summary of Senate "Grand Bargain"

This important document from the American Immigration Lawyers Association is printed here in full. Cite as "AILA InfoNet Doc. No. 07051768 (posted May. 17, 2007)"

Border Security and Immigration Reform Act of 2007

Title I

Title I requires the Secretary of Homeland Security to certify that the triggers are met before the Title IV (Guest Worker) and Title VI (Z visa ) programs can begin, with the exception of probationary status for Z workers and the programs for agricultural workers.

  • Triggers include:
    • 18,000 (CBP) Border Patrol hired
    • Construction of 200 miles of vehicle barriers and 370 miles of fencing
    • 70 ground-based radar and camera towers along the southern border
    • Deployment of 4 Unmanned Aerial Vehicles and supporting systems
    • The ending of catch-and-release
    • Resources to detain up to 27,500 aliens per day on an annual basis
    • The use of secure and effective identification tools to prevent unauthorized work.
    • The receiving and processing and adjudicating of applications for Z status.
  • Title I also includes authorities and resources to augment border security including:
    • physical infrastructure along the border
    • additional field and investigative agents
    • comprehensive plans and studies of the border region
    • revisions to law enforcement techniques and enhanced authorities.

Title II

Title II provides for interior enforcement of immigration laws.

  • The stiffening of laws and penalties relate to:
    • the detention of criminal aliens
    • the definition of aggravated felony
    • gang violence
    • passport, visa, and immigration fraud, including marriage fraud
  • Other provisions include language regarding:
    • Increased penalties for illegal entry and reentry
    • encouraging aliens to depart voluntarily
    • prohibiting aliens from possessing firearms
    • alternatives to detention
    • state and local law enforcement reimbursement and training
    • the streamlining of background checks for immigration status

Title III

Title III addresses workplace enforcement by increasing penalties, revising and making mandatory a system of electronic employment verification, and promoting information sharing.

  • This Title designs a worksite enforcement system that relies on electronic employment verification and a reduced list of documents that may be presented to employers to prove identity and work eligibility.
    • Also increases penalties significantly over current law for unlawful hiring, employment, and recordkeeping violations.
  • Verification of employees: As of the date of enactment, employers in national security-related industries, industries involving critical infrastructure, and federal contractors may be required to electronically verify employees, including new hires and/or current employees, with additional employers or industries added after 6 months.
    • All employers would be required to electronically verify new hires within 18 months of enactment, or on the date on which the Secretary certifies that the system is operational.
    • Once the system is implemented, all employers would be required to verify all current employees within by 3 years after enactment.
  • Structure of the EEVS: After the date of hire but no later than the first day of employment, the employer must transmit to the EEVS via the Internet the data that the employer has taken from the worker's identity and work eligibility documents.
  • Inconclusive determinations: Where the EEVS cannot conclusively determine the status of a worker's eligibility, a further action notice is issued and the individual must contact the appropriate federal or state agency to initiate resolution of status and the individual continues to work while the agency resolves his or her status.
  • Final nonconfirmation: If the employer has received a final non-confirmation regarding an individual, the employer must terminate the employment of the individual, unless the individual files an administrative appeal of a final non-confirmation notice within 15 days.
  • Data and Information Sharing: The Commissioner of Social Security must information to the Secretary of DHS regarding data contained within the Social Security database as in relates to employment verification.
  • Fraud and tamper resistant social security cards: Not later than 180 days after date of enactment, the Commissioner is required to begin work to administer and issue fraud-resistant, tamper-resistant Social Security cards.

Title IV

Title IV establishes a new temporary Y worker program to address future labor needs of temporary foreign workers and discourage future illegal employment of undocumented individuals. The title also includes measures to protect the rights of U.S. and foreign workers and prevent the U.S. employer from abusing the program.

  • Structure of new visa programs: This title creates a new future temporary worker program for workers who are coming to the U.S. to perform temporary job that the U.S. employer is unable to fill. It provides for:
    • non-seasonal Y temporary worker (Y-1 visa)
    • seasonal temporary worker
      • Y-2A for agricultural workers, sheepherder, goat herders, and dairy workers
      • Y-2B for non-agricultural workers; and
    • their spouses and minor children (Y-3 visa).
  • Matching Willing Workers with Willing Employers: All Y workers must be matched to a "willing employers" through an electronic database in order to qualify for a Y worker visa.
  • Families of Y visa holders: can only accompany Y workers if the worker can:
    • show proof of valid medical insurance and
    • demonstrate that the wages of the principal Y nonimmigrant(s) are 150% above poverty level for the household size.
    • Spouses and children who do not qualify for Y-3 visa may be admitted under other nonimmigrant status.
  • Period of admission: A Y-1 worker can be admitted for a two year period that can be renewed twice if that worker spends a period of one year outside the United States between each admission.
    • A Y-1 accompanied by dependents is afforded a single two year visa, non-renewable.
    • Workers with Y-2A and Y-2B visa qualify for 10 month visas; no extensions may be granted.
  • Permanent Bar: Y worker who fails to timely depart is permanently barred from any future immigration benefit.
  • Wage: The employer must attest that the Y worker will be paid not less than the greater of the actual wage paid by the employer to all other similarly situated workers or the "prevailing competitive wage."
  • Numerical Limitation: The Y-1 visa program has an initial cap of 400,000 with yearly adjustments based on market fluctuations.
    • There are no numerical limitations for Y-2A while the Y-2B visas are initially capped at 100,000 with yearly adjustment based on market fluctuations.
    • The market-based fluctuation is adjusted every 6 months during the fiscal year.
    • The Y-3 visa for spouses and minor children limit may not exceed 20% of annual limit for Y-1 visas.
    • A newly created Standing Commission will make recommendations to Congress regarding the Y visa numerical cap for each fiscal year following the initial year of the program

Title V

Title V restructures and rebalances the current system by which green cards are distributed.

  • Rebalancing of Immigrant Visa Allocation: Resets the number of family-based, family backlog, merit-based immigrants, and eventual Z immigration green cards.
    • The family categories are less than under current law since several of the extended family categories are reduced, while the merit-based is increased over the current employment-based levels after the processing of the family-based backlog.
    • An annual total of 440,000 visas are allotted to process the backlog of family-based categories.
    • It is estimated that the family backlog cases can all be processed in 8 years.
    • An annual total of 10,000 visas are set aside for exceptional Y workers.
  • Merit Based Points System: The current employment based green card system will be replaced by a merit based points system.
  • Reducing Chain Migration and Permitting Petitions by Nationals: Elimination and reconfiguring of the following family-based preference categories:
    • First: Unmarried Sons and Daughters of Citizens
    • Second: Unmarried Sons and Daughters of Permanent Residents other than spouses and minor children of permanent residents
    • Third: Married Sons and Daughters of Citizens
    • Fourth: Brothers and Sisters of Adult Citizens
    • Sets cap of 40,000 per fiscal year on category for parents of U.S. citizens.
    • Sets cap of 87,000 per fiscal year on the second preference category for spouses and children of permanent residents.
  • Elimination of Backlog: If the family-based visa petition in the eliminated category is filed before May 1, 2005, the petition can be processed under the prior law.

Title VI

This title provides a new visa for most individuals currently living within the U.S. illegally.

  • Creates a new four-year, renewable "Z" nonimmigrant visa to address the undocumented population within the U.S. The visa is split up into three groups:
    • a principal or employed alien (Z-1),
    • the spouse or elderly parent of that alien (Z-2),
    • and the minor children of that alien (Z-3).
  • Cut off Date: In order to be eligible for this visa, one must have been illegally present within the U.S. before January 1, 2007.
  • Fees and Penalties: To apply, an alien seeking Z-1 status must be currently employed and pay fees and penalties totaling $5,000 (less for derivative Z's) to be eligible for a green card under the merit-based system.

    Probationary, the Permanent Z Status: Once an applicant submits a completed application, fingerprints, and is cleared by one-day background checks he will receive probationary benefits which can eventually be converted to a Z nonimmigrant status after all background checks are clear and the triggers set forth in Title I are achieved.

  • LPR Status: A Z-1 nonimmigrant may adjust status to lawful permanent residence after the family backlog under Title V is eliminated if the Z applicant:
    • Satisfies the merit requirements in the points schedule set forth in Title V.
    • files the application for adjustment in the Z-1's country of origin and
    • pays a penalty of $4,000.
  • DREAM ACT: Individuals under the age of 30 that were brought to the United States out of their own control as a minor are eligible to receive their green card after 3 years rather than 8.

Title VII

Title VII includes a number of miscellaneous provisions involving assimilation, including increased funding for the office of citizenship and integration ($100M)

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Posted on May 18, 2007 by Robert A. Kraft

Schedule A -- Permanent Residency For Nurses And Physical Therapists

Many overseas professionals wish to immigrate to the United States for employment. Normally, to file an employment-based immigration petition, a Labor Certification approval is a pre-requisite. Schedule A, however, is a list of occupations for which the U.S. Department of Labor (DOL) has determined that there is an insufficient number of U.S. workers who are qualified, willing, and able. Professional nurses and physical therapists are the only two occupations explicitly listed on Schedule A. Additionally, the DOL has authorized U.S. Citizenship and Immigration Services (USCIS) to allow a foreign worker to obtain a green card without first having to go through the entire labor certification process.

Professional Nurses

To qualify for Schedule A processing, a professional nurse must be in possession of the following:

A diploma from a nursing school in the home country;

A license to practice nursing in the home country;

The nurse must have one of the following:

A passing test score on the Commission on Graduate in Foreign Nursing Schools (CGFNS) examination; or

A full and unrestricted license to practice professional nursing in the state of intended employment;

A Visa Screen Certificate.

In addition, unless the nurse was educated in an English-speaking country, he or she must achieve a certain score on tests in written and spoken English administered by TOEFL or IELTS in order to qualify for the Visa Screen Certificate. The program is also composed of an educational analysis and licensure validation.

Currently, there is such a shortage of nurses working in the United States, persons abroad will find it relatively easy to obtain offers of employment from hospital in the U.S.

Physical Therapists

A physical therapist is defined as a person who applies the art and the science of physical therapy to the treatment of patients with disabilities, disorders, and injuries to relive pain, develop and restore function, and maintain performance.

To qualify for Schedule A processing, a physical therapist must possess all the qualifications necessary to take the physical therapist licensing examination in the state in which he or she intends to practice physical therapy. To do this a physical therapist must submit a letter from the state of intended employment's licensing official stating that the applicant is eligible to take the state's written licensing examination for physical therapists. He or she must also possess a four year degree in physical therapy.

Conclusion

Because the Schedule A designation does not require the approval of a Labor Certification by the DOL, the process for obtaining a green card for a qualified nurse or physical therapist is much shorter than for other occupations that do require an approved labor certification.

While other employers have to test the labor market and show that there are no able, willing, and qualified U.S. workers to perform the job for which the foreign national is seeking permanent residence, the physical therapist's and nurse's employer do not have to test the labor market because the Department of Labor has already recognized the unavailability of workers for these positions.

Kraft & Associates can assist you or your employer in preparing and filing the physical therapist or nurse immigration applications. We will work closely with hospitals and other organizations throughout the process, and assist the employer step-by-step during the preparation of the applications. Whether you are a person who has received an employment offer and is contemplating filing a petition, or are a human resource professional of the employer, please give us a call or send us an e-mail. We can provide you the guidance you need through the entire procedure, and help to obtain a successful result for you.

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Posted on May 17, 2007 by Robert A. Kraft

Senate & White House Agreement Reached On Immigration Reform!

The Associated Press is reporting that an agreement has been announced between Senate leaders and the White House regarding comprehensive immigration reform!

Quoting AP:

"The plan would create a temporary worker program to bring new arrivals to the United States. A separate program would cover agricultural workers. New high-tech enforcement measures also would be instituted to verify that workers are here legally."

"The key breakthrough came when negotiators struck a bargain on a so-called "point system" that would for the first time prioritize immigrants' education and skill level over family connections in deciding how to award green cards."

"The proposed agreement would allow illegal immigrants to come forward and obtain a "Z visa" and - after paying fees and a $5,000 fine - ultimately get on track for permanent residency, which could take between eight and 13 years. Heads of household would have to return to their home countries first."

"They could come forward right away to claim a probationary card that would let them live and work legally in the U.S., but could not begin the path to permanent residency or citizenship until border security improvements and the high-tech worker identification program were completed."

"A new temporary guest worker program would also have to wait until those so-called "triggers" had been activated."

"Those workers would have to return home after work stints of two years, with little opportunity to gain permanent legal status or ever become U.S. citizens. They could renew their guest worker visas twice, but would be required to leave for a year in between each time."

"In perhaps the most hotly debated change, the proposed plan would shift from an immigration system primarily weighted toward family ties toward one with preferences for people with advanced degrees and sophisticated skills. Republicans have long sought such revisions, which they say are needed to end "chain migration" that harms the economy, while some Democrats and liberal groups say it's an unfair system that rips families apart."

"Family connections alone would no longer be enough to qualify for a green card - except for spouses and minor children of U.S. citizens."

"New limits would apply to U.S. citizens seeking to bring foreign-born parents into the country."

The House is not expected to act until a bill passes the Senate, and any Senate bill could run into strong opposition in the generally more conservative House of Representatives. Still, this is a dramatic first step on the path to true immigration reform in the United States.

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Posted on May 17, 2007 by Robert A. Kraft

Delays Continue For H-1B Visas

U.S. Citizenship and Immigration Services has previously announced that the H-1B visa cap was reached within the first day of filing. In fact, so many visa petitions had been filed that a lottery system was set in place to randomly select the petitions that would be considered for an H-1B visa. The lottery took place on April 12, 2007.

Many individuals and employers are still waiting for any indication from Immigration Services about whether their H-1B petition was randomly selected for processing. USCIS admitted today that they were experiencing delays in issuing receipt notices for cases accepted for consideration for an H-1B visa.

For those who have been anxiously awaiting any news regarding the status of your case, there is still a chance that your H-1B visa petition has been selected and you simply have not received notification of this.

In fact, the backlog at immigration service centers is so great that other individuals or employers who have filed non-H-1B visa petitions are also experiencing delays in obtaining receipt notices for their cases.

Click for more information regarding the ongoing issuance of H-1B receipt notices.

For more information about immigration news, immigration laws, immigration policies, proposed immigration laws, border enforcement, green cards, citizenship, employment visas, family visas, naturalization, and other immigration subjects, please visit Immigration Law Answers and DFW Immigration Law Blog.

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Posted on May 16, 2007 by Robert A. Kraft

Farmer's Branch Passes Restrictive Immigration Ordinances

The city council of Farmer's Branch, Texas has unanimously passed several ordinances making it extremely difficult, if not impossible, for immigrants to live and work in the city.

The measures include apartment renters providing proof of citizenship or residency and making English the city's official language. Additionally, the new measures allow police to participate in a federal program that would enable them to check the residency status of suspects in custody and initiate deportation proceedings in certain cases.

One exception to the ban on immigrants is for mixed-status families. They may enter into a lease or rental arrangement if the family is already a tenant, the head of household or spouse has eligible immigration status, and the family includes only the head of household and spouse and their parents or minor children.

Apartment complex owners could be fined up to $500 a day for violating the law.

U.S. citizens will now have to provide a signed declaration of citizenship or U.S. nationality, confirmed by a U.S. passport or "other appropriate documentation in a form designated by Immigration and Customs Enforcement as acceptable evidence of citizenship status."

Non-citizens who want to rent an apartment in the city will have to provide:

* A signed declaration of eligible immigration status,

* One form from a list of documents designated by ICE as acceptable evidence of immigration status, and
      
* A signed verification consent form.

Unfortunately, as Congress drags its feet on passing any kind of immigration reform law, more and more municipalities are expected to "take the law into their own had" and pass city ordinances that probably won't pass constitutional tests, but will cause untold agony for residents and cost taxpayers thousands of dollars to try to enforce in court.

For more information about immigration news, immigration laws, immigration policies, proposed immigration laws, border enforcement, green cards, citizenship, employment visas, family visas, naturalization, and other immigration subjects, please visit Immigration Law Answers and DFW Immigration Law Blog.

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