FEBRUARY 2007 IMMIGRATION NEWSLETTER

U.S. CONSULATE DELAYS

We have received reports that most U.S. Consulates are experiencing significant delays in scheduling nonimmigrant visa application interviews. For example, H-1B visa interview requests are now being scheduled for the end of December in Mumbai, India.

NEW CONGRESS CONVENES JANUARY 4, 2007

The 110th Congress convened January 4, 2007. As has been well publicized, the Democrats now have control in both houses after several years of Republican control. Immigration advocates are hopeful that this Congress will enact a guest worker program or other legislation to benefit foreign nationals.

In the prior Congress, immigration was a well-publicized and vigorously contested issue, and each house generated competing legislation. Ultimately, however, neither bill became law.

Current Congressional leaders have indicated that they will continue the push for comprehensive immigration reform. New Senate Majority Leader Harry Reid (D-NV) named immigration reform #9 of the top ten priorities of the Senate. The minority leader, Mitch McConnell (R-KY) also indicated that he supported immigration reform and new legislation would be a priority for Senate Republicans.

To demonstrate the Senate's intent to file a new immigration bill, they passed a "Placeholder Bill" for the Comprehensive Immigration Reform Act of 2007. The current bill simply indicates that it is the "Sense of the Congress" they should pass legislation to "provide for more effective border and employment enforcement, to prevent illegal immigration, and to reform and rationalize avenues for legal immigration". The Sense of Congress language is intended to be replaced by a substantive Comprehensive Immigration Reform bill.

Regarding the House of Representatives, immigration reform was not included as part of its "First 100 Hours" legislative agenda. Nonetheless, advocates are very optimistic about the prospects for comprehensive immigration reform from the House, hoping that it will be included in its first 100 days of legislation.

PASSPORT TO BE REQUIRED FOR ALL AIR TRAVEL BETWEEN U.S., OTHER WESTERN HEMISPHERE NATIONS

As of January 23, 2007, all people, including U.S. citizens, will need a passport to travel by air between the U.S. and Canada, Mexico, the Caribbean, Bermuda and Central and South America.

It should also be noted that beginning January 1, 2008, the U.S. Department of State anticipates that a passport will be required for travel between the above-listed countries by land and sea as well.

USCIS BEGINS PILOT PROGRAM FOR NEW CITIZENSHIP

USCIS will begin a new citizenship test for English as well as civics and history in selected cities as part of a new pilot program. Though Albany, New York is the only office in New York, New Jersey or Connecticut selected for the pilot program, USCIS plans to expand use of the new test nationwide in the near future.

While all citizenship tests are currently drawn from the same questions, the selection of questions and manner in which they are presented carries by location, often leading to significant differences in passage rates. The new test is to be administered uniformly. Further, the civics and history questions are designed to require a greater understanding of those topics, rather than basic memorization.

LARGE RAID ON MULTIPLE MEATPACKING LOCATIONS

On December 12, 2006, approximately 1,000 Immigration and Customs Enforcement officers raided multiple Swift & Company Meatpacking plants in Colorado, Nebraska, Texas, Minnesota, Utah and Iowa, arresting over 1,200 undocumented workers.

Unlike prior ICE actions which focused primarily on affirmative misconduct by employers, these raids entered on a large identity-theft investigation. However, ICE did not charge any Swift officials in these raids.

JANUARY 2007 VISA BULLETIN

This article can be accessed if you copy and paste the entire address below in your web browser.

http://travel.state.gov/visa/frvi/bulletin/bulletin_3100.html

U.S.-CANADA TRUSTED TRAVELER PROGRAM IMPROVED

A program to speed travel for citizens of the United States and Canada between their countries is now expanding. The NEXUS program is a joint program run by the United States Customs and Border Patrol as well as the Canadian Border Services. The program allows Americans and Canadians who have been pre-screened to cross land borders in designated highway lanes, certain marine locations and the Vancouver International Airport.

NEW LEGISLATION HELPS IMMIGRANTS WORKING MEDICALLY INDERSERVED AREAS

Before ending its session, the prior Congress passed the Nursing Relief for Disadvantaged Areas Reauthorization Act of 2005, which continued a program that allows for up to 500 nurses to work in medically underserved areas on H-1C visas. They also passed the Physicians for Underserved Areas Act, which renews the Conrad 30 program. The Conrad 30 program allows physicians who would ordinarily have to return to their home countries after receiving graduate medial education to remain and work in underserved areas for up to three years.

NEW REGULATIONS FOR WAIVER OF APPEARANCE AT CONSULAR INTERVIEWS

The U.S. Department of State recently issued regulations which, in certain circumstances, permit applicants for non-immigrant visas to be approved without appearing for consular interview. Among those potentially exempted from an interview are applicants under 14 or over 79 years of age; applicants for certain diplomatic visas, and those seeking re-issuance of a visa within twelve months of the expiration of a prior visa in the same category. There is also an exemption for those for whom a waiver "is warranted in the national interest or because of unusual circumstances".

It should be noted that these waivers are limited to applicants within their home country who are not citizens of state sponsors of terrorism, have been previously refused a visa, or who may otherwise appear to be a security threat. Also, the regulations only mean that consular officials are permitted to waive an interview in certain cases, not that they are required to do so.

BOTH HOUSES OF CONGRESS INTRODUCE AgJOBS BILL

On January 10, 2007 both houses of Congress introduced the AgJOBS bill. If passed the bill would enhance the H-2A visa process, making it easier for agricultural employers to legally hire foreign nationals for seasonal work. The AgJOBS bill was included with last year's Senate comprehensive immigration legislation that ultimately stalled.

UNDOCUMENTED ALIENS WOULD BE IMPACTED BY POTENTIAL STATE LEGISLATION

As with the federal government, most states are also beginning new legislative sessions. Several states have discussed new laws which would directly or indirectly affect illegal immigrants from receiving state benefits. On the other hand, California's Governor Arnold Schwarzenegger has proposed a state program to provide health coverage to all children, regardless of immigration status.

PORT WORKERS TO BE SUBJECT TO REVIEW OF IMMIGRATION STATUS

Beginning in March, port workers such as truck drivers and longshoremen will be required to obtain a Transportation Worker Credential. Applicants will only be able to receive such a credential, however, upon a review of their background for security problems as well as presenting proof that they are legally allowed to work in the United States. Both industry and unions have opposed the measure, saying it has the potential to greatly disrupt port commerce.

FEBRUARY 2007 VISA BULLETIN

This article can be accessed if you copy and paste the entire address below in your web browser.

http://travel.state.gov/visa/frvi/bulletin/bulletin_3111.html