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Immigration Spotlight October 30, 2012 | Issue 126

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Immigration Spotlight October 30, 2012 | Issue 126 IMMIGRATION SPOTLIGHT OCTOBER 30, 2012 | ISSUE 126 INSIDE SPOTLIGHT USCIS NEWS U.S. CITIZENSHIP AND IMMIGRATION SERVICES NEW OPTION FOR FILING TN New option for filing TN .................................................. 126.1 On October 1, 2012, USCIS began accepting Form I-129 on be- half of Canadian citizens who are outside the U.S. and seeking DEPARTMENT OF STATE TN (Treaty National) classification. Prior to this change, USCIS Visa Reissuance Program (VRP) ...................................... 126.2 would only accept Form I-129 for a petition to extend TN status November Visa Bulletin ................................................... 126.2 or change to TN status for individuals who are already in the United States. DEPARTMENT OF HOMELAND SECURITY The TN classification was created pursuant to the North Ameri- Taiwan added to Visa Waiver Program .......................... 126.3 can Free Trade Agreement (NAFTA). The TN is a nonimmigrant OTHER NEWS visa which allows citizens of Canada to work in the United J&H webinars ................................................................... 126.3 States in a professional position listed on the NAFTA job series list. For a list of positions eligible for TN classification, please see Immigration Trivia............................................................ 126.3 http://www.jackson-hertogs.com//?page_id=4848 . Canadian citizens continue to have the option of applying for TN classification directly with U.S. Customs and Border Protection at the border. However, the option to file for initial TN classifi- cation with USCIS allows petitioners to retain more control over the filing. The benefits of such a filing including obtaining a “preclearance” for a potential new hire in advance of the travel date. This may allow employers to better plan for new TN em- ployees to come to the United States if the TN processing is done in advance of the entry date. SPREAD THE WORD! “Immigration Spotlight” is electronically distributed to HR professionals and also published to our website. To read a back issue on our website, click on “Employer Resources” on the menu bar. Please feel free to forward “Spotlight” to the rest of your management team and employees. You may download our firm brochure at http://www.jackson-hertogs.com/?page_id=4934. ©2012 Jackson & Hertogs LLP is one of the oldest and most respected immigration and nationality firms in the country dedicated solely to the practice of immigration law. Today, Jackson & Hertogs has eight attorneys and a staff of 25 legal assistants and office management personnel to assist you with immigration matters. 170 Columbus Avenue, Fourth Floor • San Francisco, CA 94133 | T: 415-986-4559 F: 415-986-1871 | [email protected] J9526 r01 Immigration Spotlight | October 2012 | Jackson & Hertogs LLP | Page 126.2 a given country. As a result, persons who become citizens of DOS NEWS (cont’d) DOS NEWS other countries (i.e., Indians who become Canadian citizens) are still considered nationals of their birth country for immigrant visa VISA REISSUANCE PROGRAM (VRP) purposes. Applicants for a visa stamp may be able to take advantage of the For general information on visa retrogression, please see our Visa Reissuance Program (VRP) to avoid a visa interview at cer- FAQ on this subject. For more information on the Visa Bulletin tain U.S. Embassies abroad. While we note that this program is and country quota movements, including information about most common at U.S. Embassies in Europe, there are similar movement in the Family-Based Quotas, please see our DOS programs at some U.S. Embassies in Asia. Under the VRP, an Visa Bulletin and Quota Movement page, which includes de- applicant must meet certain criteria before the requirement of an tailed nationality-specific charts of quota movement since 1996. interview at the Embassy is waived. Please keep in mind that each embassy sets its own criteria, but generally would require that the applicant previously completed fingerprints (all 10) and that the applicant is applying to renew a visa in the same catego- ry as a visa that is either still valid or has expired within the last 12 months. Please check the applicable U.S. Embassy’s website to verify qualification under the program and whether the embassy offers VRP. If an applicant qualifies under the VRP, then the process for visa stamp issuance is simplified in that the applicant need only mail his/her passport to the Embassy while physically pre- sent in that country and not have to appear for an interview. Please note however that a Consular Officer reserves the right to request that an applicant appear in person for an interview after reviewing any application. NOVEMBER VISA BULLETIN The Department of State (DOS) Visa Bulletin for November 2012 indicates very little change from the October Visa Bulletin but for EB2 worldwide, Mexico and the Philippines. The employment- based first preference category (EB1) continues to remain cur- rent for all countries. The priority date for EB2 China has moved to September 1, 2007, while EB2 India remains at September 1, 2004. The EB2 category for all other countries, including Mexico and the Philippines, will be current as of November 1. The employment-based third preference category (EB3) num- bers for all countries made some slight forward movement. Chi- na advanced the most significantly from February 8, 2006 to April 15, 2006. EB3 India edged forward from October 15, 2002 to October 22, 2002, EB3 Philippines moved from August 1, 2006 to August 8, 2006 and EB3 for all other countries, including Mexico, advanced from October 22, 2006 to November 22, 2006. It is important to note that “nationality” for immigrant visa allot- ment is not the same as citizenship. Generally, DOS looks at the country of birth in determining whether a person is a national of 170 Columbus Avenue, Fourth Floor • San Francisco, CA 94133 | T: 415-986-4559 F: 415-986-1871 | [email protected] J9526 r01 Immigration Spotlight | October 2012 | Jackson & Hertogs LLP | Page 126.3 DHSDOS NEWS (cont’d) J&H NEWS TAIWAN ADDED TO VISA WAIVER PROGRAM WEBINARS As of November 1, 2012, Taiwan will join the 36 countries partic- To register for any of our webinars please send an e-mail to ipating in the Visa Waiver Program (VWP). The VWP permits [email protected] with the date of the seminar you visa-free travel to the United States for up to 90 days for busi- would like to attend. ness or tourism. Similar to other Visa Waiver travelers, eligible Taiwan passport October 31 2012: Immigration Basics—PERM holders will be required to apply for advanced authorization The PERM labor certification process requires employers to first through the Electronic System for Travel Authorization (ESTA) test the local labor market to determine whether qualified U.S. and will be able to enter the U.S. with approved ESTA as of No- workers are available to fill jobs currently held by foreign staff. vember 1st. Reviewing recruitment results can be a more challenging pro- For the full list of countries participating in the VWP, see http:// cess in today’s depressed job market. In some cases, PERM travel.state.gov/visa/temp/without/without_1990.html applications are met with DOL audits requesting resumes and records of applicant contact. This webinar will assist human re- For more information on registering under ESTA, see https:// sources and staffing professionals in analyzing these issues and esta.cbp.dhs.gov/esta developing best practices both in managing the applicant review process, and in maintaining records in compliance with DOL requirements. (1.5 PHR/SPHR certification hours) November 28, 2012: Immigration Basics—Immigrant Visas This webinar will provide a general overview of the immigrant visa process. We will cover the immigrant visa petition process as well as retrogression of visas. The webinar will cover ques- tions such as: What are possible alternatives to the PERM labor certification process? How does immigrant visa retrogression affect the decision-making process? (1.5 PHR/SPHR certifica- tion hours) IMMIGRATION TRIVIA True or False? Only Canadian citizens are eligible for TN classification. are visa-exempt. are must obtain a TN visa stamp from a U.S. Consulate. Canadians Canadians Consulate. U.S. a from stamp visa TN a obtain must Canadians, the application process is different. Mexican citizens citizens Mexican different. is process application the Canadians, employment. Although TN status is available to Mexicans and and Mexicans to available is status TN Although employment. or Canada to enter the U.S. to engage in professional professional in engage to U.S. the enter to Canada or are citizens of either Mexico Mexico either of citizens are who professionals for classification nonimmigrant benefits and carves out a “special” nonimmigrant nonimmigrant “special” a out carves and benefits nonimmigrant among the member nations, NAFTA provides for certain certain for provides NAFTA nations, member the among U.S. In order to facilitate trade and address business concerns concerns business address and trade facilitate to order In U.S. (NAFTA) is a multi-faceted treaty among Mexico, Canada and the the and Canada Mexico, among treaty multi-faceted a is (NAFTA) Answer: False! The North American Free Trade Agreement Agreement Trade Free American North The False! Answer: 170 Columbus Avenue, Fourth Floor • San Francisco, CA 94133 | T: 415-986-4559 F: 415-986-1871 | [email protected] J9526 r01 .
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