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Updates

USCIS Publishes Updated H-2B Visa Numbers May 24, 2013

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On May 24, 2013, USCIS provided an update of the amount of cap-subject
H-2B visas received and approved by the federal agency for the first and
second halves of Fiscal Year 2013. According to USCIS, a total of
21,406 beneficiaries have been approved for the second half of Fiscal
Year 2013, with an additional 2,281 petitions pending. A total of 43,089
beneficiaries were approved for the first half of Fiscal Year 2013 with
an additional 174 petitions pending.

Congressionally-based legislation limits the amount of H-2B visas
provided per fiscal year to a total of 66,000, with 33,000 allocated for
employment for the first half of the fiscal year and 33,000 allocated
for employment for the second half of the fiscal year. Unused numbers
from the first half of the fiscal year are made available for use by
employers seeking H-2B workers during the second half of the year. These
numbers do not, however, carry over from one fiscal year to another.

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Updates

Temporary Protected Status Extended for Eligible Salvadoran Nationals

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USCIS has extended Temporary Protected Status (TPS) for eligible
nationals of El Salvador for 18 additional months, starting on September
10, 2013, and ending on March 9, 2015. Salvadoran beneficiaries who
wish to extend TPS status are required to re-register during the 60-day
re-registration period. This re-registration period runs from May 30,
2013 to July 29, 2013. Beneficiaries are encouraged to register as soon
as possible.

This extension will also allow TPS re-registrants from El Salvador to
apply for new employment authorization documents (EADs). Eligible
beneficiaries who re-register during this registration period will
receive a new EAD, which will expire on March 9, 2015.

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Global Pinoy

Flicker of Hope for Descendants of Filipino World War II Veterans

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After adopting hundreds of amendments, the U.S. Senate Judiciary Committee approved the bill out of its committee to the Senate floor. On its last day of deliberation on May 22, 2013, the bill allowing children of Filipino World War II veterans to immigrate immediately irrespective of priority dates was adopted as one of the many amendments. It is now part of the senate version of the comprehensive immigration reform. What is the impact of the inclusion of this specific amendment to the pending petitions of the sons and daughters of Filipino veterans?

Dying Veterans

The mortality rate of the greatest generation is high; approximately 1,153 veterans die a day based on information provided by the U.S. Department of Veterans Affairs. This is the figure for all veterans in the United States. Our Filipino World War II veterans who were naturalized to become U.S. citizens are obviously passing on at an accelerated rate due to their age. Most of them are in their late 80s and early 90s.

As more veterans pass, beneficiary children of their pending petitions also lose out on their opportunity to immigrate to the United States.  This is a result of the general rule that the “petition dies with the petitioner”. There are a few exceptions of cases involving humanitarian revalidation.

A Typical Veteran Case

Jessie is an adult married son of a World War II veteran. With the enactment of the 1990 Immigration and Nationality Act (IMMACT90), thousands of World War II veterans were allowed to naturalize to become U.S. citizens. In the early 1990’s there was an influx of elderly veterans immigrating for the first time to the United States. Felipe was one of the veterans who arrived in 1992. Jessie, his son, accompanied his father and entered only with a visitor’s visa.

When Felipe obtained his U.S. citizenship, he immediately petitioned all his children. Since Jessie was already in the United States at that time, he opted to wait for his visa. Initially, Jessie assumed that the visa would be issued as soon as the petition is approved. He was told that since he is an adult child of a U.S. citizen, he would have to wait for at least 18 to 20 years before he can adjust his status. By the time, Jessie discovered this fact, his authorized stay already expired and beginning in 1993, he has been living as an undocumented immigrant.

Jessie’s siblings in the Philippines who were petitioned fall under the third preference family category and have also been waiting for their petitions to be processed. As married children, they were told that it would take more than 20 years because of the backlog in family petitions.

In April 2013, the priority date of Jessie’s petition filed by his father became current. After waiting for almost 20 years, he was finally told that he was eligible to apply for his adjustment to permanent resident status. As he was preparing for his documents, his father suffered a heart attack and died after a few days from the date he was taken to the hospital.

Jessie was informed that he could still apply for the visa despite his petitioner’s death because there is Section 204(l) of the Immigration and Nationality Act, which allows the petitioned child to reinstate the revoked visa petition as long as they were in the United States at the time of the death of the petitioner. His siblings in the Philippines lost their opportunity to immigrate because they were not covered by this humanitarian reinstatement.

Thousands of sons and daughters of Filipino veterans experience the same fate as Jessie’s siblings. The hope of family reunification by elderly Filipino veterans was an elusive dream until recently when a bill was drafted addressing this issue.

Filipino Veterans Family Reunification Act

Considering that the veterans became U.S. citizens only when they were in their 70s and 80s, the length of the processing time in petitioning their adult children did not work in their favor. By the time the priority dates became current, most veterans passed away without being reunited with their families in the United States. In order to expedite the reunification of the Filipino veterans with their families, a bill has been introduced at least in the last two Congresses called the Filipino Veterans Family Reunification Act.  The bill pertains to sons and daughters of Filipino World War II and their immigration visa petitions. Their visa petitions will be exempt from the numerical limitation making the visas immediately available irrespective of their priority dates or dates of filing. The family reunification bill benefits families of all qualified veterans including the deceased veterans. Representative Mike Honda (CA17), Representative Colleen Hanabusa (HI) and Senator Mazie Hirono, (HI) are the proponents of the bill.

Unlike in the past Congresses, this time the Filipino Veterans Family Reunification Act took a major leap. With the amendment proposed by Senator Hirono on May 22, 2013, the veteran bill is now a part of the Senate version of the comprehensive immigration bill.  This is a major step taken but there will be more challenges with the Republican dominated House of Representatives. If the House adopts the same provision on its comprehensive immigration reform, then doors will open for the descendants of the Filipino veterans to immigrate, without further delay. Hopefully, the bill will overcome the hurdles of the obstructionists and make the dream of reunification a reality for our veterans and their families.

(Atty. Lourdes Tancinco may be reached at law@tancinco.com or at 887 7177 or 721 1963 or visit her website at tancinco.weareph.com/old)

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Updates

Customs and Border Protection Introduce New Methods to Automate Entry

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In an effort to ease the process for international arrivals, U.S.
Customs and Border Protection (CBP) is introducing new technologies and
procedures to minimize the paperwork and time that international
visitors spend waiting. As part of this process, the majority of
international visitors are no longer required to fill out a paper
version of Form I-94; the CBP arrival/departure record has been
automated at all air and sea ports of entry.

Further automation has occurred by enabling travelers to use
self-service kiosks. Self-service Automated Passport Control kiosks are
now available at CBP preclearance at the Vancouver International Airport
and will soon be at the O’Hare airport in Chicago. In addition the
Trusted Traveler program continues to expedite entry into the U.S.;
almost two million travelers are enrolled in such programs.

“Advances in automation and passenger processing are tangible examples
of CBP’s commitment to making the traveler experience more efficient and
welcoming,” said Thomas S. Winkowski, CBP Acting Commissioner.
“Programs like the I-94 automation and Global Entry allow CBP officers
to process travelers safely and efficiently during the busy summer
travel season while continuing the border security mission.”

Categories
Updates

USCIS Publishes Updated H-2B Visa Numbers May 17, 2013

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On May 17, 2013, USCIS provided an update of the amount of cap-subject
H-2B visas received and approved by the federal agency for the first and
second halves of Fiscal Year 2013. According to USCIS, a total of
20,712 beneficiaries have been approved for the second half of Fiscal
Year 2013, with an additional 1,860 petitions pending. A total of 43,089
beneficiaries were approved for the first half of Fiscal Year 2013 with
an additional 174 petitions pending.

Congressionally-based legislation limits the amount of H-2B visas
provided per fiscal year to a total of 66,000, with 33,000 allocated for
employment for the first half of the fiscal year and 33,000 allocated
for employment for the second half of the fiscal year. Unused numbers
from the first half of the fiscal year are made available for use by
employers seeking H-2B workers during the second half of the year. These
numbers do not, however, carry over from one fiscal year to another.

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Global Pinoy

Victims of Tragic Limousine Accident Were Pre-Retrogression Nurses

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Filipino nurses are in the spotlight once again. Unlike the misplaced attacks on the Filipino nurses by former Mayor of Washington or the disparaging remarks made by a former Senatorial candidate, there were reports of the untimely death of five Filipino immigrant nurses in California’s San Mateo Bridge.

Two weeks ago, on the way to the bachelorette party, the nine Filipina nurses, all passengers of a stretched white limousine were engulfed in flames. Five of the nurses were trapped inside and died of fire inside the limousine and four managed to escape. The bodies of those who died were found clustered under a small window near the driver’s compartment indicating their attempt to escape. At present, an investigation is still being conducted to determine the cause of the fire.

Most of these nurses arrived in the United States through petitions by their U.S. employers. When I first heard the news on a Sunday morning, I felt empathy for the families of the five deceased nurses. I imagined how the victims suffered during the fire and how difficult it must have been for their family members who were left behind to cope with the untimely demised of the nurses.

Two days after the tragic accident, I saw the photographs of some of the nurses on our bay area newspaper. After staring at the photographs for a long time, I felt a certain affinity with the nurses like I had met them in the past. Then, it dawned on me that I was their legal counsel many years ago when I was afforded the opportunity to work on the employment based immigrant visas for most of the nurses. These nurses arrived in the United States after being petitioned by their U.S. employer based in Oakland, California.

Just like other immigrant nurses, after finishing their contracts with their petitioning employer, they are permitted to transfer to other employers or hospitals. But despite the changes in employment, the nurses who were co-workers at their petitioning employer’s facility developed strong bonds and long lasting friendship. The nine nurses were indeed close friends and celebrate each other’s milestones. At the time of the accident, they gathered to celebrate the forthcoming wedding of Neri Fojas, who was one of the fatalities.

Driver’s Negligence Raised

The survivors were blaming the driver of the limousine as having acted negligently in not pulling over soon enough to save all of them from the fire. His version of the story is that he got the wrong message from one of the nurse passengers. He said, “I told them that there is no smoking inside the car.” Instead of pulling over right away, he continued to drive until the emergency tapping on the driver’s window by the nurses and request to stop was finally heard. By that time, it was too late. There is some member of the community who had a different analysis.  The nurse who called the attention of the driver could be easily misinterpreted when she yelled, “smoke” instead of “fire”. Whether or not it was a miscommunication on the part of the driver and the nurse, the fact remains that after the driver got off of the car, he was seen standing outside the car and making a phone call to report the emergency. The investigation is still on going, and the findings that will soon be released will determine whether he has potential liabilities.

The Visa Processing of Nurses in the Past

The Philippine Consulate General in San Francisco held a Memorial Service for the deceased nurses on May 10, 2013. I attended this service to give my respects to the family. As I entered the room, the hall was full, most recognizable were familiar people who are members of the community. In attendance were politicians, businessmen, co-workers, former employers, nurses, the survivors except for one and the family of those who died. I went early in order that I may express my condolences to the relatives of the nurses. After having seated for a few minutes, a boy hugging a stuff toy walked into the room crying. He was looking for her mother. The grieving Dad was holding him most of the time and was comforting the child. This was the moment when I, myself, felt the depth of pain being experienced by the surviving family members specially the children who were left behind.

It was during the emotional service, that I recalled memories of the years when these nurses obtained their green cards. Prior to 2008, the registered nurses from the Philippines immigrated to the United States faster compared to current processing of nurses visas. Then, the demand for nurses was very high and that the turn around to get visas for nurses then was less than one year. For those who were in the United States at that time, the adjustment of status to immigrant visa for nurses took only a few months if not weeks. On the downside, these were the times when the nursing profession was entered into for the wrong reason. Many Filipinos who aspired to live and work in the United States took a second career in nursing to be able to get the immigrant visa faster.

But for the nurses who were involved in the tragic limousine accident, they took the nursing career to heart and have taken on challenging nursing jobs in different hospitals. They were pre-2008 or pre-retrogression nurses who are among the many who did not have to wait long to get their visas. Immediately, upon approval of their visas, their spouses and minor children also obtained their visas. This was their luck at that time. After 2008, and up to this day, nurses have to wait five or more years to obtain the immigrant visas. It is unfortunate that the five nurses have to die from this tragic accident.   We lost five hardworking nurses but their memory and their reputation of how good Filipino nurses resonated a strong message to the whole nation. And these nurses, wherever they may be, will always bring pride to the Filipino immigrant community.

(Atty. Lourdes Tancinco may be reached at law@tancinco.com or at 887 7177 or 721 1963 or visit her website at tancinco.weareph.com/old)

Categories
Updates

USCIS Sending Receipt Notices for Approved Cap-Subject FY 2014 H-1B Petitions

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USCIS has informed stakeholders that the data entry process for FY 2014
H-1B cap-subject visas and receipt notices have been sent. Rejection
notices have started to be distributed as well.

On April 5, 2013, USCIS announced that it had received enough H-1B visa
petitions to reach the annual cap for FY 2014 as well as the advanced
degree exemption. The federal agency stopped accepting cap-subject
petitions on that day. Petitions were then randomly selected from that
full set of submissions. USCIS states that all rejection and receipt
notices should be received by the end of May.

Categories
Updates

J1 Exchange Program Fees and Charges to Increase

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The Department of Labor has published a final rule regarding fees and
charges for the J-1 Exchange Visitor program. The fee for sponsor
designation or redesignation and the administrative fee for exchange
visitor benefits are being increased in order to recoup costs associated
with the operation of the Exchange Visitor program. This change will
take place on June 13, 2013.

On June 13, the application fee charged to U.S. corporate entities
seeking program designation or redesignation will increase to $3982. The
program services fee paid by foreign nationals to participate in the
J-1 program will increase to $367.

Categories
Updates

USCIS Reports on Success of Entrepreneurs in Residence Initiative; Plans to Expand Program

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USCIS commented this week on its Entrepreneurs in Residence (EIR)
initiative, a federal program to bring together startup experts and
USCIS immigration professionals to work together to more effectively
utilize existing visa categories used by entrepreneurs. This innovative
program, according to USCIS Director Alejandro Mayorkas, has seen
“positive results based on the combined talent of private sector experts
and our own internal experts …. [USCIS is] eager to expand this concept
to other industries we serve.”

The EIR initiative was launched in February 2012. Approximately 500
individuals have participated in engagements across the U.S. and more
than 400 USCIS employment-based immigration officers have been trained
on startup businesses and the environment for early-stage innovation.
One hundred officers have received additional training to handle
entrepreneur and startup visa cases.

USCIS intends to expand the program in areas including performing arts,
health care and information technology; these areas are crucial to
expanded economic growth in the United States.