DHS Launches Open Government Initiative

February 10, 2010 – 10:27 am
As a part of President Obama’s Open Government Directive, the Department of Homeland Security (DHS) yesterday introduced its new “Open Government Initiative” to create a more open, transparent, efficient, and effective government. The administration has set four goals for this initiative known as “cornerstone of an open government.” The goals DHS will seek are: Improving transparency by providing more information and data about the Department’s activities in a timely and accessible manner; Increasing participation by utilizing new tools and strategies to encourage input and feedback from the public; Expanding collaboration with our many partners, both inside and outside government; and Encouraging innovation to find new ways to make the government more open and efficient and save taxpayers money. The new online participation tool is available until March 19, 2010 at the DHS website www.dhs.gov allowing the public to submit their ideas and suggestions. For complete information, please click: The DHS Open Government Initiative

DOS’ Proposed Rule on Adjustment of Fees for Consular Services

February 10, 2010 – 10:17 am
The U.S. Department of State (DOS) has published a proposed rule in the federal registrar, pertaining to the adjustments in current fee structure for consular services in light of an independent cost of service study’s (”CoSS”) findings that the U.S. Government is not fully covering its costs for providing these services under the current fee structure. The adjustment is aimed at ensuring that fees for consular services reflect costs to the United States of providing the services. DOS is inviting the public to submit their written comments within 30 days starting from February 9, 2010. Interested parties can also submit their comments by any of the methods mentioned in the following link below. For complete information, please click: DOS Proposed Rule: Schedule of Fees for Consular Services

USCIS’ Q&A on Cap Exemptions for H-1B and H-2B Workers in CNMI and Guam

February 9, 2010 – 6:50 am
The U.S. Citizenship and Immigration Services (USCIS) published a list of Question and Answers regarding the H-1B and H-2B cap exemptions for work performed in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam.  The Q&As cover details of  H-1B and H-2B cap exemptions contemplated under the Consolidated Natural Resources Act of 2008 (CNRA). CNRA provides a special exemption to the statutory numerical limitations for temporary workers in H nonimmigrant classifications mentioned in Section 214(g) of the Immigration and Nationality Act (INA). For complete information, please click: USCIS Provides Details on H-1B and H-2B Cap Exemptions for Work Performed in the CNMI and Guam

EAWA and H-1B

February 9, 2010 – 6:46 am
The U.S. Citizenship and Immigration Services (USCIS) issued additional guidance regarding the Employ American Workers Act (EAWA) for employers seeking to file H-1B petitions. USCIS reminds that an employer, who has repaid their funds through the Troubled Asset Relief Program (TARP), or section 13 of the Federal Reserve Act, should answer “No” to Question A.1.d on Form I-129W (Data Collection and Filing Fee Exemption Supplement) that asks a question whether the employer received funding from TARP or section 13 of the Federal Reserve Act. USCIS additionally noted that, EAWA only applies to new H-1B hires and not to H-1B petitions for the changing of status of an employee currently working for an employer in work-authorized category. Additionally, EAWA does not apply to H-1B petitions seeking extension of H-1B status for an employee to continue working for the same employer. For complete information, please click: USCIS Issues Additional Information Regarding the EAWA ...

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