Articles Posted in Updates

U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas today announced the launch of an enhanced Employment Authorization Document (EAD) and a redesigned Certificate of Citizenship (Form N-560) with new features to strengthen security and deter fraud.

As part of USCIS’s ongoing efforts to enhance the integrity of the immigration system, the state-of-the-art technology incorporated into the new documents will deter counterfeiting, obstruct tampering, and facilitate quick and accurate authentication. USCIS began issuing the new EADs today and will begin using the redesigned certificates on Oct. 30. The agency anticipates that more than 1 million people will receive the new documents over the next year.

“These enhanced documents are more secure than ever,” said Director Mayorkas. “They advance our efforts to safeguard against fraud and protect the integrity of the immigration system.”
The new features of the EAD will better equip workers, employers and law enforcement officials to recognize the card as definitive proof of authorization to work in the United States.

USCIS worked closely with the Immigration and Customs Enforcement Forensic Document Laboratory to incorporate technology and tactile features in order to deter fraud and facilitate card authentication.

Canada has repealed an ineffective refugee program in order to put more emphasis on work with the United Nations High Commissioner for Refugees (UNHCR) and refugees in the greatest need, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced today.

“By repealing programs such as the Source Country, we can direct more resources on proven and effective resettlement programs, such as our partnership with the UNHCR,” said Minister Kenney. “This will enable us to quickly offer refuge for more individuals in real need of protection.”
The Source Country class was intended to be a flexible tool for humanitarian intervention, capable of responding to a variety of situations. The objective of the class was to provide resettlement assistance to people who were in need of protection, but who were unable to leave their countries and were therefore not receiving international protection under the mandate of the UNHCR.

In practice, however, the Source Country class was an inflexible tool that did not allow the government to respond to emerging situations. The class was too restrictive as it only applied to people in countries listed in the Immigration and Refugee Protection Regulations and this list was difficult to change. As well, in some of the designated source countries, there was minimal uptake, while in others, the people who applied were not eligible or were not those for whom the program was intended.

Furthermore, overall approval rates in the program were low. In Colombia, for example, the approval rate was estimated at less than 10 percent. This meant that CIC had to process nine cases before finding one that merited Canada’s protection. In contrast, by working through the UNHCR, over 85 percent of all cases are approved.

As part of the measures taken to repeal the Source Country class, Canada will also be ending direct access in the six countries where the source country program had previously operated. Direct access allows refugees in designated source countries to apply for resettlement directly to the Canadian embassy serving their area without a referral or a sponsorship. Once direct access ends, all applicants who have left their country of origin will need to include a referral from the UNHCR, a designated referral organization or a private sponsor with their resettlement application in order to be eligible for resettlement.

“Canada remains committed to those who need our protection,” added Minister Kenney. “We are working with international partners to find long-term solutions to a number of protracted refugee situations. For example, Canada will resettle 20,000 refugees from Iraq and Iran over a five-year period, many of whom were persecuted for their religious beliefs or sexual orientation. Also, as part of the measures to reform Canada’s refugee protection system, the Government of Canada is increasing the total number of refugees resettled each year by 20 percent. This means that up to 500 more government-assisted refugees and 2,000 privately sponsored refugees will find protection in Canada.”

The U.S. Department of State released the lasted visa bulletin for November 2011 on October5, 2011.

For the month of October 2011, the EB-1 category was still current for nationals all over the world. In EB-2 category, the cut-off dates moves forward from July 15, 2007 to November 1, 2007 both for Chinese Mainland nationals and Indian nationals. In the EB-3 category, the cut-off dates moved forward from August 8, 2004 to August 22,2004 for Chinese Mainland nationals and moved forward from July 15, 2002 to July 22, 2002 for Indian nationals.

For the recently popular EB-5 investment immigration, although applicants are getting more and more, the visa number now is still current.

The Department of State released the lasted visa bulletin for October 2011 on September 9, 2011.

For the month of September 2011, the EB-1 category was still current for nationals all over the world. In EB-2 category, the cut-off dates moves forward from April 15, 2007 to July 15, 2007 both for Chinese Mainland nationals and Indian nationals. In the EB-3 category, the cut-off dates moved forward from July 15, 2004 to August 8,2004 for Chinese Mainland nationals and moved forward from July 8, 2002 to July 15, 2002 for Indian nationals.

For the recently popular EB-5 investment immigration, although applicants are getting more and more, the visa number now is still current.

It is imperative that you consult with a highly trained legal professional, particularly since USCIS has become stricter with EB-1 applications after a memo was released on August 18, 2010. In essence, the USCIS memo breaks the EB-1 evaluation process up into two parts:
1) Evaluating whether the applicant meets the baseline criteria for the immigration category and
2) determining whether the applicant’s evidence demonstrates the required high level of expertise for the immigration category. In the second part of the review process the USCIS will evaluate the evidence to see if, as a whole, it proves by a preponderance of the evidence that the applicant is at the very top of his or her field of endeavour.

Immigration New Zealand advises foreign nationals unable to leave New Zealand because of the Chilean ash cloud and whose visas expire in the meantime that, even though they may become unlawfully in New Zealand, no action will be taken against them while the disruption continues. However, there is a clear expectation that people will take steps to leave New Zealand as soon as flights resume.

When natural disasters occur or in similar circumstances that are beyond the control of the visa holder, we apply common sense and empathy in considering any visa issues.

We don’t disadvantage people for being stuck at an airport because of climatic conditions, just as we didn’t disadvantage foreign nationals whose immigration status was affected by the Christchurch earthquake.

To ensure we are aware of the reason a person has become unlawfully in New Zealand, anyone whose visa has expired pending resumption of flights should contact their nearest Immigration New Zealand branch or call the Immigration Contact Centre at 0508 55 88 55.

UK Border Agency has produced a document clarifying aspects of the current review of the student immigration stsyem.

The document (http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/t4-review-clarification.pdf) answers some frequently asked questions raised by sponsors in the following areas:
– Educational oversight and accreditation
– Highly Trusted Sponsor status
– The interim limit
– Contact details for enquiries about the sponsorship management system
– Post-study work
– Immigration officers’ discretion to refuse
– Dependents
– Maintenance and low-risk countries
– Academic progression

The Ministry of Foreign Affairs (MOFA) said Tuesday that from Aug. 11, Taiwanese tourists can stay in Israel for up to 90 days visa-free.

The visa-waiver agreement was signed by Simona Halperni, director of the Israel Economic and Cultural Office in Taipei on June 17, and countersigned on June 27 by Taiwan’s representative to Israel, Chang Liang-jen. This agreement makes Israel the 114th country to grant visa free privileges to Taiwanese citizens.

Reflecting the importance of the United States’ diplomatic relationship with the Pacific Islands Countries, Ambassador C. Steven McGann dedicated the new United States Embassy facility in Suva, Fiji today. Fiji’s Ministry of Foreign Affairs Permanent Secretary Mr. Solo Mara and Office Director of the Department of State’s Bureau of Overseas Buildings Operations (OBO), Donald Schenck attended the ribbon cutting ceremony.

The new Embassy facility was designed to incorporate green building techniques and to meet the principles of the U.S. Green Building Council for Leadership in Energy and Environmental Design (LEED®) green building rating system. The multi-building complex provides more than 150 U.S. embassy employees, both American and Fijian, with over 7,500 square meters of working space.

The new facility features a collection of 30 original works of art by artists from the United States and the Embassy’s countries of accreditation: Fiji, Kiribati, Nauru, Tonga, and Tuvalu, all inspired by the natural beauty of the South Pacific. The collection transcends barriers of culture, time, and language through a visual representation of shared values between the United States and the Pacific Islands Countries.

The Pernix Group of Lombard, Illinois constructed the facility, which was designed by the architectural firm of Hellmuth Obata and Kassabaum. The $81 million project generated jobs in both the United States and Fiji. The new facility was completed in June 2011 and at times involved more than 300 workers in its construction.

Since the 1999 enactment of the Secure Embassy Construction and Counterterrorism Act, OBO has moved more than 24,000 people into safer facilities. Including the dedication of the new Embassy in Suva, OBO has completed 81 diplomatic facilities and has an additional 35 projects in design or construction.

OBO’s mission is to provide safe, secure, and functional facilities for the conduct of U.S. diplomacy and the promotion of U.S. interests worldwide. These facilities should represent American values and the best in American architecture, engineering, technology, sustainability, art, culture, and construction execution.

The Embassy of the United States of America would like to announce that the Consular Office will be closed for non-emergency services between Friday, July 1, 2011 and Friday, July 8, 2011 while the Embassy moves to its new location in Ta Qali. During this time, only emergency American Citizen Services will be available.

Since the U.S. Embassy will be closed on Wednesday, June 29 in observation of a Maltese holiday, the Feast of St. Peter and St. Paul, the last date available for visa interview appointments and non-emergency Consular services, will be Wednesday, June 22. Please remember that all Consular services are by appointment only and can be scheduled on the Appointment Calendar of the Embassy website at: http://malta.usembassy.gov. Inquiries can be directed via email to consularmalta@state.gov.

The Department of State has released the new visa bulletin for July 2011 on June 9, 2011 which continues to bring cheers to Chinese and Indian nationals whose Priority Dates get benefited.

For the month of July 2011, the EB-1 category was current for both Chinese and Indian nationals. In the EB-2 category, the cut-off dates moved forward nearly five months for Chinese nationals (from October 15, 2006 to March 8, 2007), and also moved forward nearly five months for Indian nationals (from October 15, 2006 to March 8, 2007). In the EB-3 category, the cut-off dates moved forward from May 15, 2004 to July 1, 2004 for Chinese nationals and moved forward from April 22, 2002 to May 1, 2002 for Indian nationals.

For the month of June 2011, the EB-1 category was current for both Chinese and Indian nationals. In the EB-2 category, the cut-off dates moved forward more than two months for Chinese nationals (from August 1, 2006 to October 15, 2006), and moved forward more than three months for Indian nationals (from July 1, 2006 to October 15, 2006). In the EB-3 category, the cut-off dates moved forward from April 15, 2004 to May 15, 2004 for Chinese nationals and moved forward from April 15, 2002 to April 22, 2002 for Indian nationals.

We will keep you updated on the recent developments on the Employment base Visa Bulletin.