HHS’ Q&A on Haitian Earthquake Crisis

February 8, 2010 – 8:55 am
The U.S. Department of Health and Human Services’ (HHS) Center for Medicare and Medicaid Services (CMS) has released a set of Questions and Answers for State Medicaid Agencies regarding the Haitian earthquake crisis. The set of Question and Answers provided are exclusively applicable to Haitian nationals who are arriving in the United States from Haiti as a result of the recent earthquake and subsequent humanitarian disaster. These Q&As provide information particularly about the eligibility of Haitian nationals for Medicaid program. For complete information, please click: Q & As for State Medicaid Agencies

ORR State Letter on “Cuban and Haitian Entrants”

February 8, 2010 – 8:53 am
The U.S. Department of Health and Human Services’ (DHHS) Office of Refugee Resettlement (ORR) has issued a State Letter to Refugee Coordinators, National Voluntary Agencies, and Other Interested Parties on “Cuban and Haitian Entrants”: Eligibility for ORR-Funded Benefits and Services. The Letter reviews the definition of “Cuban and Haitian entrant” as it applies to Haitian nationals and clarifies the acceptable documentation these individuals may present when they apply for ORR-funded benefits and services under the Refugee Education Assistance Act of 1980.  Under the Refugee Act, certain categories of Haitian nationals are eligible for financial assistance, medical assistance and social services that are in the United States. For complete information, please click: State Letter #10-03

DOL Update on Trade Adjustment Assistance Determinations

February 5, 2010 – 8:15 am
The U.S Department of Labor (DOL) has certified approximately 7,200 workers from California, Illinois, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, North Carolina, Ohio, Pennsylvania, Tennessee, Texas, Virginia, Washington and Wisconsin states as eligible to apply for Trade Adjustment Assistance (TAA). Through the TAA program, DOL will leverage opportunities for displaced workers to acquire the skills needed to secure good jobs in promising areas of their local economies.  Additional information on TAA program and the range of DOL employment and training services is available on its website http://www.doleta.gov. For complete information, please click: US DOL certifies approximately 7,200 workers in 15 states as eligible to apply for TAA

DOS’ Annual Report on Immigrant Visa Applicants Registered at NVC

February 5, 2010 – 8:13 am
The Department of State (DOS) released an annual report of immigrant visa applicants in the family and employment based preference categories that were registered at the National Visa Center (NVC) as of November 1, 2009. The report shows the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limitation. All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well. For complete information, please click: DOS Annual Report of Immigrant Visa Applicants

USCIS Withdraws Memorandum on Signatures on Applications and Petitions

February 5, 2010 – 8:08 am
The American Immigration Lawyers Association (AILA) liaison has informed that U.S. Citizenship and Immigration Services (USCIS) has withdrawn its memorandum dated January 19, 2010 regarding acceptable signatures on applications and petitions, which was posted on USCIS website.  In order to collect input from stakeholders about development and implementation of policies on signature requirements for applications and petitions, USCIS will conduct stakeholder engagement event early next week. For complete information, please click: Withdrawn USCIS Memo on Signature Requirement

USCIS to Issue Revised Approval Notices

February 4, 2010 – 8:53 am
The U.S. Citizenship and Immigration Services (USCIS) have alerted customers of certain Notices of Approval (Forms I-797) issued to between January 20, and 27, 2010, with incorrect or missing information. The issuance of these incorrect approval notices impacted Petition for Nonimmigrant Worker (Form I-129) and Application to Extend/Change Nonimmigrant Status (Form I-539). USCIS has started mailing all corrected approval notices to affected petitioners and applicants, and advices them not to use the earlier defective approval notices. For complete information, please click: USCIS to Issue Revised Approval Notices for Certain Forms I-129 and I-539

USCIS’ Q&A on DHS’ Proposed Attorney Discipline Rule

February 4, 2010 – 8:50 am
The U.S. Citizenship and Immigration Services (USCIS) have posted Question and Answers (Q&As) pertaining to the Department of Homeland Security’s (DHS) proposed new rule regarding attorney discipline program (see our yesterday’s news snippet “DHS’ New Rules of Professional Conduct for Practitioners“). The Q&As are mainly focused on who is authorized to represent applicants and petitioners in cases before DHS and its components, attorney eligibility, complaints against attorneys, etc. These new rule will become effective on March 3, 2010. For complete information, please click: Questions & Answers: DHS Implements Regulation to Enhance Attorney Discipline Program

USCIS Response to CIS Ombudsman on Recommendation 43

February 4, 2010 – 8:47 am
The U.S Citizenship and Immigration Services (USCIS) Director Alejandro N. Mayorkas issued a memorandum last week to the Citizenship and Immigration Services (CIS) Ombudsman on Recommendation 43. The recommendation pertains to the temporary acceptance of filed Labor Condition Applications for certain H-1B filings and excuse of late H-1B filings where the petitioner has documented an LCA submission to the Department of Labor (DOL) that was improperly rejected. For USCIS Response, please click: USCIS Memo to CIS Ombudsman on Temporary Acceptance of Filed LCAs for Certain H-1B Filings

Suit Exposes Guest Worker Program Pitfalls

February 3, 2010 – 11:01 am
The latest testimony in a lawsuit filed by the Indian H-2B workers against the company, Signal International has brought the Guest Worker Program flaws to the fore. The Signal International hired these foreign workers with the help of U.S. and Indian recruiters, reports The New York Times. The company claims the recruiters misled it - and the workers - about the terms of the work visas that brought them into U.S. The recruiters have allegedly promised the workers that their visas would soon be converted to green cards, allowing them to stay permanently in U.S. Learning later that they have been trafficked and victimized, hundreds of Indian workers have brought a civil rights lawsuit against the company, claiming they were victims of human trafficking and labor abuse. Thus, the Signal case has come to represent some of the flaws and pitfalls, for immigrants and employers, in the H-2B temporary guest worker ...

DHS’ New Rules of Professional Conduct for Practitioners

February 3, 2010 – 11:00 am
The Department of Homeland Security (DHS) is amending its regulations governing representation and appearances by, and professional conduct of, practitioners in immigration practice before its components to: Conform to the grounds of discipline and procedures regulations with those promulgated by the Department of Justice (DOJ); Clarify who is authorized to represent applicants and petitioners in cases before DHS; remove duplicative rules, procedures, and authority; and Improve the clarity and uniformity of the existing regulations; make technical and procedural changes; and conform terminology. According to the DHS, this rule enhances the integrity of the immigration adjudication process by updating and clarifying the regulation of professional conduct of immigration practitioners who practice before DHS.