Categories
Updates

DV-2015 Applicants to be Required to Use Electronic Form DS-260

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Beginning with the 2015 Diversity Visa program, all diversity visa
program applicants will be required to submit the electronic Immigration
Visa and Alien Registration Application form (Form DS-260), available
through the Consular Electronic Application Center. This form will be
available online on May 19, 2014.

The Kentucky Consular Center will no longer collect Forms DS-230 or
SDP-122; no printed files will be sent to post. Please note that these
changes are not proposed for the 2014 Diversity Visa program.

Categories
Updates

Two Proposed Rules Would Amend Regulations to Attract and Retain Highly Skilled Immigrants

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The Department of Homeland Security announced this week the publication
of two proposed rules to attract and retain highly skilled immigrants.
The first rule proposes to extend employment authorization to spouses of
some H-1B nonimmigrant workers. The second rule proposes to enhance
opportunities for certain groups of highly skilled workers by removing
obstacles to them remaining in the U.S.

Eligible H-4 dependent spouses of principal H-1B workers who are the
beneficiaries of an approved Immigration Petition for Alien Worker, Form
I-140, or have been granted an extension of their authorized period of
stay in the U.S., may be able to request employment authorization, based
on the proposed first rule.

The second proposed rule would update regulations to include
nonimmigrant highly skilled specialty occupation professionals form
Chile and Singapore, and Australia in the list of classes of aliens who
are authorized for employment incident to status with a specific
employer. Additionally, the rule would clarify that H-1B1 and principal
E-3 nonimmigrant workers are allowed to work without being required to
apply separately for employment authorization. Finally, E-3< H1B1 and
CW-1 workers would be given up to 240 days of continued work
authorization beyond the expiration date on their I-94 form while an
extension request is pending.

Categories
Global Pinoy

Why the News Satire on the “No U.S. Visa Policy” Was a Cruel Joke

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Several travelers were departing back to the Philippines at the San Francisco International Airport the week after Easter. It was also during that week when the rumor about the “no U.S. visa policy” was spreading like wildfire among many Filipinos.

“The good news is all over the social media, the internet,” according to an acquaintance I met at the airport. I asked what the good news was and she said that Filipinos are no longer required to get visas to enter the United States. I told her that she had her information wrong. I saw her face turned red in disappointment. I had remembered reading a posting in Facebook that morning about what she was referring to. When I read it, I knew right away that it was a joke. While driving to work I was thinking about what my acquaintance was referring to as ‘good news’. It should not have been taken seriously. Surprisingly, however, my phone kept ringing and I kept on receiving messages asking if it was true? I responded by clarifying that the ‘good news’ was merely a satire article from a blog site called the Adobo Chronicles.

Each person seeking verification had varying responses. Some just took it lightly and laughed after finding out it was a joke. Others were outraged on why wrong information was released to the public. The intention of the author of the news satire may have been to simply ridicule the difficulty of obtaining U.S. visas for Filipinos. But many recipients of the “no U.S. visa policy” news felt offended. Some believed that it was cruel on the part of the author and persons spreading the news satire to release misleading information. Why is it that the ‘no U.S. visa policy’ news disappointed and offended many Filipinos after learning that it was only a joke?

Visa Waiver Program

Two U.S. agencies, the Department of Homeland Security and Department of State may designate certain countries as visa exempt when traveling as visitors to the United States. Most of those designated are European countries such as Austria, Belgium, Denmark, Sweden, France, Germany among others. But in Asia, very few are considered as visa exempt countries. The list of Asian countries in the visa waiver program includes Brunei, Japan, Singapore and South Korea. The criterion for being designated under the visa waiver program is the low refusal rate in nonimmigrant visitor visa applications. The percentage of refusal should be less than 2.5% of the total visitors granted and denied.

The Philippines is not designated as a country under the visa waiver program for obvious reasons. The rate of refusal of visitor visa applications is relatively high. Not only is the rate of refusal high, the Philippines is also considered a high “fraud” post. Every applicant for the visitor visa at the U.S. Embassy in Manila is a suspected ‘TNT” (tago ng tago) or an intending immigrant unless the applicant can prove otherwise. The number of overstaying nonimmigrant visa holders who are Filipino nationals is also high; hence, the consular officers at the U.S. Embassy issue less visas and decline more applications. For these reasons, it is legally impossible to exempt the Filipinos from the U.S. visa requirement as a condition for entering the United States as a visitor.

The Cruel Joke

No matter how good the intention of the blog writer was to satire the visa requirements, many Filipinos were affected by it. While it is true that for some Filipinos travelling to the US is only a vacation; for many other Filipinos, however, travel to the US is for purposes of visiting family members with whom they have been separated for a long time.

The U.S. immigration system now is broken and needs to be reformed. Families are separated for many years because of the lengthy process. In certain preference categories, it may take up to 20 years for an adult child to reunite with a parent in the United States. Due to the unreasonably long wait in immigrant visa availability, many would like the chance to temporarily visit their relatives while waiting for their immigrant visas. This dream is shuttered every time they are denied the visitors’ visa even if they do have a genuine desire to simply visit and return to the Philippines. Thus, when the news satire about the “no visa policy” was spreading in the social media, many became excited. It was the news that they wanted to hear. And since it turned out to be fake news, they became indignant and considered this a very cruel joke.

Some of the indignant recipients of the news satire were those who have been previously denied visitors’ visas. When they heard of the news satire, the responses or comments from their posting of this news satire was to voice out their happiness in having a chance to finally see their family members after so many years. Others were excited in the possibility of visiting places in the United States such as Disneyland, Universal Studios and New York. To later find out that the information was merely a news satire, frustrated their dreams again.

We all hunger for good news. Oftentimes, however, we become a victim to our own desires in wanting to hear news that we want.

(Atty. Lourdes Santos Tancinco may be reached at law@tancinco.com or at 027211963 or visit her website at tancinco.weareph.com/old)

Categories
Updates

USCIS Completes Data Entry of All Cap-subject FY15 H-1B Petitions

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USCIS announced earlier today that it has finished data entry of all
fiscal year 2015 H-1B cap-subject petitions. The federal agency will now
start returning all H-1B cap-subject petitions that were not selected
in the random lottery. Out of the approximately 172,500 H-1B petitions
submitted for this fiscal period, only 65,000 for the general cap and an
additional 20,000 for the masters degree exemption cap will receive the
H-1B visa for fiscal year 2015. All others will be rejected;
applications and submission fees will be returned to rejected
petitioners.

USCIS will continue to accept and process petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States;
    Change the terms of employment for current H-1B workers;
  • Allow current H-1B workers to change employers; and