USCIS Announces 68 Countries Eligible to Participate in the H-2A and H-2B Visa Programs

USCIS and the Department of Homeland Security, in consultation  with the Department of State, has added the Czech Republic,  Denmark, Madagascar, Portugal, and Sweden to the list of countries  whose nationals are eligible to participate in the H-2A and H-2B Visa programs for the coming year.  The notice listing the 68 eligible countries published on Dec. 16, 2014 in the Federal Register. The H-2A and H-2B Visa programs allow U.S. employers to bring foreign nationals to the  United States to fill temporary agricultural and nonagricultural jobs, respectively.  USCIS only approves H-2A and H-2B petitions for nationals of countries the Secretary of Homeland Security has designated  as eligible to participate in the programs. USCIS may approve H-2A and H-2B petitions for  nationals of countries not on the list if it is determined to be in the interest of the United States. Effective Jan. 18, 2015, nationals of the following 68 countries are eligible to participate in  the H-2A and H-2B Visa programs: Argentina Fiji Moldova Slovenia Australia Grenada Montenegro Solomon Islands Austria Guatemala Nauru South Africa Barbados Haiti The Netherlands South Korea Belize Honduras Nicaragua Spain Brazil Hungary New Zealand Sweden Bulgaria Iceland Norway Switzerland Canada Ireland Panama Thailand Chile Israel Papua New Guinea Tonga Costa Rica Italy Peru Turkey Croatia Jamaica The Philippines Tuvalu Czech Republic Japan Poland Ukraine Denmark Kiribati Portugal United Kingdom Dominican Republic Latvia Romania Uruguay Ecuador Lithuania Samoa Vanuatu El Salvador Macedonia Serbia Estonia Madagascar Slovakia Ethiopia Mexico This notice does not affect the status of beneficiaries who currently are in the United States in H-2A   or  H-2B status unless they apply to change or extend their status. Each country’s designation is valid  for one year from Jan. 18, 2015.

President Obama's Executive Order Speech on Immigration Reforms

Transcript: President Obama's immigration address

President Barack Obama

Columbus, OH -- My fellow Americans, tonight, I'd like to talk with you about immigration.

For more than 200 years, our tradition of welcoming immigrants from around the world has given us a tremendous advantage over other nations. It's kept us youthful, dynamic, and entrepreneurial. It has shaped our character as a people with limitless possibilities -- people not trapped by our past, but able to remake ourselves as we choose.

But today, our immigration system is broken, and everybody knows it.

Families who enter our country the right way and play by the rules watch others flout the rules. Business owners who offer their workers good wages and benefits see the competition exploit undocumented immigrants by paying them far less. All of us take offense to anyone who reaps the rewards of living in America without taking on the responsibilities of living in America. And undocumented immigrants who desperately want to embrace those responsibilities see little option but to remain in the shadows, or risk their families being torn apart.

It's been this way for decades. And for decades, we haven't done much about it.

When I took office, I committed to fixing this broken immigration system. And I began by doing what I could to secure our borders. Today, we have more agents and technology deployed to secure our southern border than at any time in our history. And over the past six years, illegal border crossings have been cut by more than half. Although this summer, there was a brief spike in unaccompanied children being apprehended at our border, the number of such children is now actually lower than it's been in nearly two years. Overall, the number of people trying to cross our border illegally is at its lowest level since the 1970s. Those are the facts.

Meanwhile, I worked with Congress on a comprehensive fix, and last year, 68 Democrats, Republicans, and Independents came together to pass a bipartisan bill in the Senate. It wasn't perfect. It was a compromise, but it reflected common sense. It would have doubled the number of border patrol agents, while giving undocumented immigrants a pathway to citizenship if they paid a fine, started paying their taxes, and went to the back of the line. And independent experts said that it would help grow our economy and shrink our deficits.

Had the House of Representatives allowed that kind of a bill a simple yes-or-no vote, it would have passed with support from both parties, and today it would be the law. But for a year and a half now, Republican leaders in the House have refused to allow that simple vote.

Now, I continue to believe that the best way to solve this problem is by working together to pass that kind of common sense law. But until that happens, there are actions I have the legal authority to take as President -- the same kinds of actions taken by Democratic and Republican Presidents before me -- that will help make our immigration system more fair and more just.

Tonight, I am announcing those actions.

First, we'll build on our progress at the border with additional resources for our law enforcement personnel so that they can stem the flow of illegal crossings, and speed the return of those who do cross over.

Second, I will make it easier and faster for high-skilled immigrants, graduates, and entrepreneurs to stay and contribute to our economy, as so many business leaders have proposed.

Third, we'll take steps to deal responsibly with the millions of undocumented immigrants who already live in our country.

I want to say more about this third issue, because it generates the most passion and controversy. Even as we are a nation of immigrants, we are also a nation of laws. Undocumented workers broke our immigration laws, and I believe that they must be held accountable -- especially those who may be dangerous. That's why, over the past six years, deportations of criminals are up 80 percent. And that's why we're going to keep focusing enforcement resources on actual threats to our security. Felons, not families. Criminals, not children. Gang members, not a mother who's working hard to provide for her kids. We'll prioritize, just like law enforcement does every day.

But even as we focus on deporting criminals, the fact is, millions of immigrants -- in every state, of every race and nationality -- will still live here illegally. And let's be honest -- tracking down, rounding up, and deporting millions of people isn't realistic. Anyone who suggests otherwise isn't being straight with you. It's also not who we are as Americans. After all, most of these immigrants have been here a long time. They work hard, often in tough, low-paying jobs. They support their families. They worship at our churches. Many of their kids are American-born or spent most of their lives here, and their hopes, dreams, and patriotism are just like ours.

As my predecessor, President Bush, once put it: "They are a part of American life."

Now here's the thing: we expect people who live in this country to play by the rules. We expect that those who cut the line will not be unfairly rewarded. So we're going to offer the following deal: If you've been in America for more than five years; if you have children who are American citizens or legal residents; if you register, pass a criminal background check, and you're willing to pay your fair share of taxes -- you'll be able to apply to stay in this country temporarily, without fear of deportation. You can come out of the shadows and get right with the law.

That's what this deal is. Now let's be clear about what it isn't. This deal does not apply to anyone who has come to this country recently. It does not apply to anyone who might come to America illegally in the future. It does not grant citizenship, or the right to stay here permanently, or offer the same benefits that citizens receive -- only Congress can do that. All we're saying is we're not going to deport you.

I know some of the critics of this action call it amnesty. Well, it's not. Amnesty is the immigration system we have today -- millions of people who live here without paying their taxes or playing by the rules, while politicians use the issue to scare people and whip up votes at election time.

That's the real amnesty -- leaving this broken system the way it is. Mass amnesty would be unfair. Mass deportation would be both impossible and contrary to our character. What I'm describing is accountability -- a commonsense, middle ground approach: If you meet the criteria, you can come out of the shadows and get right with the law. If you're a criminal, you'll be deported. If you plan to enter the U.S. illegally, your chances of getting caught and sent back just went up.

The actions I'm taking are not only lawful, they're the kinds of actions taken by every single Republican President and every single Democratic President for the past half century. And to those Members of Congress who question my authority to make our immigration system work better, or question the wisdom of me acting where Congress has failed, I have one answer: Pass a bill. I want to work with both parties to pass a more permanent legislative solution. And the day I sign that bill into law, the actions I take will no longer be necessary. Meanwhile, don't let a disagreement over a single issue be a dealbreaker on every issue. That's not how our democracy works, and Congress certainly shouldn't shut down our government again just because we disagree on this. Americans are tired of gridlock. What our country needs from us right now is a common purpose -- a higher purpose.

Most Americans support the types of reforms I've talked about tonight. But I understand the disagreements held by many of you at home. Millions of us, myself included, go back generations in this country, with ancestors who put in the painstaking work to become citizens. So we don't like the notion that anyone might get a free pass to American citizenship. I know that some worry immigration will change the very fabric of who we are, or take our jobs, or stick it to middle-class families at a time when they already feel like they've gotten the raw end of the deal for over a decade. I hear these concerns. But that's not what these steps would do. Our history and the facts show that immigrants are a net plus for our economy and our society. And I believe it's important that all of us have this debate without impugning each other's character.

Because for all the back-and-forth of Washington, we have to remember that this debate is about something bigger. It's about who we are as a country, and who we want to be for future generations.

Are we a nation that tolerates the hypocrisy of a system where workers who pick our fruit and make our beds never have a chance to get right with the law? Or are we a nation that gives them a chance to make amends, take responsibility, and give their kids a better future?

Are we a nation that accepts the cruelty of ripping children from their parents' arms? Or are we a nation that values families, and works to keep them together?

Are we a nation that educates the world's best and brightest in our universities, only to send them home to create businesses in countries that compete against us? Or are we a nation that encourages them to stay and create jobs, businesses, and industries right here in America?

That's what this debate is all about. We need more than politics as usual when it comes to immigration; we need reasoned, thoughtful, compassionate debate that focuses on our hopes, not our fears.

I know the politics of this issue are tough. But let me tell you why I have come to feel so strongly about it. Over the past few years, I have seen the determination of immigrant fathers who worked two or three jobs, without taking a dime from the government, and at risk at any moment of losing it all, just to build a better life for their kids. I've seen the heartbreak and anxiety of children whose mothers might be taken away from them just because they didn't have the right papers. I've seen the courage of students who, except for the circumstances of their birth, are as American as Malia or Sasha; students who bravely come out as undocumented in hopes they could make a difference in a country they love. These people -- our neighbors, our classmates, our friends -- they did not come here in search of a free ride or an easy life. They came to work, and study, and serve in our military, and above all, contribute to America's success.

Tomorrow, I'll travel to Las Vegas and meet with some of these students, including a young woman named Astrid Silva. Astrid was brought to America when she was four years old. Her only possessions were a cross, her doll, and the frilly dress she had on. When she started school, she didn't speak any English. She caught up to the other kids by reading newspapers and watching PBS, and became a good student. Her father worked in landscaping. Her mother cleaned other people's homes. They wouldn't let Astrid apply to a technology magnet school for fear the paperwork would out her as an undocumented immigrant -- so she applied behind their back and got in. Still, she mostly lived in the shadows -- until her grandmother, who visited every year from Mexico, passed away, and she couldn't travel to the funeral without risk of being found out and deported. It was around that time she decided to begin advocating for herself and others like her, and today, Astrid Silva is a college student working on her third degree.

Are we a nation that kicks out a striving, hopeful immigrant like Astrid -- or are we a nation that finds a way to welcome her in?

Scripture tells us that we shall not oppress a stranger, for we know the heart of a stranger -- we were strangers once, too.

My fellow Americans, we are and always will be a nation of immigrants. We were strangers once, too. And whether our forebears were strangers who crossed the Atlantic, or the Pacific, or the Rio Grande, we are here only because this country welcomed them in, and taught them that to be an American is about something more than what we look like, or what our last names are, or how we worship. What makes us Americans is our shared commitment to an ideal -- that all of us are created equal, and all of us have the chance to make of our lives what we will.

That's the country our parents and grandparents and generations before them built for us. That's the tradition we must uphold. That's the legacy we must leave for those who are yet to come.

Thank you, God bless you, and God bless this country we love.

Canada: Federal Skilled Worker Occupations Continue To Cap Out

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Columbus, OH. With two more eligible occupations for the current Federal Skilled Worker Program (FSWP) having capped out so far this month, potential candidates are rushing to file their applications before the end of 2014. This is due to the fact that until December 31, candidates may apply directly for Canadian permanent residence under the program. As of January 1, 2015 and the launch of the Express Entry immigration selection system, this will no longer be the case.
The current FSWP has a list of eligible occupations deemed in demand in Canada, with 47 of the original 50 occupations remaining open, according to the most recent information provided by Citizenship and Immigration Canada (CIC). Under Express Entry, an eligible occupations list is not scheduled to be a factor under the FSWP. Consequently, individuals who are eligible for the current FSWP and who have at least one year of work experience in the last 10 years in an eligible occupation that has not yet capped out should apply for Canadian permanent residence before December 31, 2014. Each occupation has a cap of 1,000 applications accepted for assessment by CIC.
At the time of writing, the occupations that have capped out are:

• Financial and investment analysts (NOC 1112)
• Software engineers and designers (NOC 2173)
• Computer programmer and interactive media developers (NOC 2174)

An interesting phenomenon evident in recent weeks is that even though the Express Entry system will invite a number of eligible candidates to apply for Canadian permanent residence under the renewed FSWP, people are demonstrating a sense of urgency and scrambling to submit their applications under the current FSWP. Moreover, candidates are realising that any delay in submitting an application would entail the risk of their occupation being capped out, and so they are making sure to submit their applications as soon as possible.
“Individuals who are still preparing an application under the current FSWP are under time constraints on two fronts. While previously they may have been completely focused on submitting a complete application before the December 31 deadline, they are now realising that should also be wary of the increasing number of eligible occupations that are capping out,” says Attorney David Cohen.
“There is a lot to be said for being in control and managing one’s own destiny — it brings peace of mind. As the saying goes, a bird in the hand is worth two in the bush. My advice to anybody thinking of applying under the Federal Skilled Worker Program would be to apply as soon as possible before more occupations become capped out, which seems inevitable as we approach the scheduled launch of Express Entry, and while they are able to apply directly for Canadian permanent residence.”
Individuals hoping to apply under the FSWP before December 31 should be aware of all eligibility criteria and, if they have not already done so, take a language test in either English or French. Proving language proficiency in an official language of Canada is mandatory for all applicants, and it can take some time to arrange and pass a language test. All people applying under the FSWP must also get an Educational Credential Assessment (ECA) of their completed foreign educational credentials.
Language testing and the requirement to obtain an ECA are scheduled to remain in place for the FSWP once Express Entry is launched, but eligible occupation lists are not.

Canadian Government To Ban Immigrants In Polygamous, Forced Marriages

Columbus, OH. The Canadian Minister of Citizenship and Immigration, Chris Alexander, has announced that the government will ban people who have taken part in practices that are “incompatible with Canadian values” — such as those in polygamous or forced marriages — from immigrating to Canada.

Minister Alexander outlined the government’s position at a news conference with Status of Women Minister Kellie Leitch in Toronto on Wednesday morning. Alexander said that the bill would eliminate premature and forced marriages from Canada's immigration system and the country as a whole. The bill is expected to pass with full support from the majority Conservative caucus in Ottawa.
“The intention [of the bill] is very clear,” said Alexander. “We will be enhancing the ability of the immigration system to detect and then to act on cases of polygamy. There are many cases — at least hundreds across the country, maybe even more — of people who have come here with multiple wives without that fact being confirmed in the immigration system and without anything having been done about it, even when it’s detected later.
“We will give ourselves the tools to act. Polygamists are not welcome in this country and, if and when they are found in our immigration system, they will be removed from this country.”

Enough of the Republicans' shenanigans!

By George Uriesi

 Barack Obama is rightfully signaling that he's had it with Republican shenanigans. And it's about time too...
Any objective observer knows that Obama came to the White House intent on living up to the spirit of his keynote speech at the Democratic Convention in Chicago in July 2004 when he postulated that the US was neither blue nor red, but the United States of America.
So for the first couple of years of his Presidency, he went out on a limb, to the chagrin of his base, always offering huge concessions to the Republicans in Congress, even before negotiations on any matter. Apparently he thought this was a good and unusual way to demonstrate good faith.
Instead, all the man got in return was abuse from both sides of the aisle. Democrats were apoplectic, calling him weak and a sellout. Republicans completely ignored his repeated demonstrations of good faith and instead stonewalled everything he tried to do. Yet he persisted in the hope that his approach would eventually win him some key converts and break down the resistance. But alas!
Turns out that even while he was busy celebrating at several events on inauguration night, the Republican Senate Leader Mitch McConnell was holding a meeting and stating that his number one priority was to ensure that the brand new President would be a one term President! What do you know?
(By the way, there's no way anyone can possibly convince someone like me that that wasn't a racially motivated posture by Mc Connell. He just couldn't accept that America had elected a black President. So the next best thing was to get him out asap! The slimy bastard)!
Anyway, with time, it became clear to Obama that these Republicans were not ready to work with him on any level, on anything whatsoever. They just hated him personally. Even in matters that they had proposed themselves, as soon as Obama indicated that he supported their proposals, they turned coat immediately. They couldn't be seen to agree on any matter with this terrible Kenyan in the White House.
Even where conspiracy theorists and racists concocted all sorts of smears about the President, very few Republicans would come out to dismiss the nonsense. They stood by and watched the birther hysteria and stupidity and many even joined in propagating it. They manufactured lies and accused him of introducing death panels and so many other unprintable fallacies in the affordable health care law.
Throughout his Presidency, they have demonstrated nothing but intense hatred, disdain, disrespect and disregard for this President. And the man has remained cool, calm and calculated throughout. That's how he outwitted them and beat the hell out of them again in 2012 to get re-elected. And that's how he has bested them again and again and again, much to their eternal angst!
Finally, by the beginning of his second term, Obama had become very clear about the rigidity of the Republicans. They were not going to budge. So he began to slowly but surely retreat from his unrealistic approach and instead started to play them at their stupid game. He stuck to his guns and with the passing of time, the statistics began to show how hugely successful Obama has been as President...
His stimulus package upon assuming office prevented a second great depression and his economic policies have led to the longest private sector job gain streak in US history- 55 consecutive months! Check. Unemployment down to 5.8% from more than 7.8% when he came into office and going down. Check. 64 consecutive months of economic expansion with GDP growth recording 3.5% last quarter for the first time since 2006. Check.
What's more? A two-thirds reduction in the federal budget deficit from 9.8% of GDP when he assumed office to 2.9% of GDP in 2014. Check. 10 million perviously uncovered people now with health care coverage, leading to the highest number and percentage of Americans covered by health insurance ever. Check. Health care cost increases at the slowest rate in decades. Check. The stock market has continued to break records. Check. While of course, the cost of gas has cratered. Check!
And to borrow from the Republicans under President George W Bush (who by the way presided over the 9-11 attacks), he has kept the country safe from day 1! Check!
By any standards of modesty, this is an exceptional outcome given the political environment in which this President has had to operate. Yet the Republicans have forcefully pushed through a fallacious narrative that makes him out to be a failure and a lot of Americans have fallen for it. Not to mention his fellow Democrats, the cowards that they are.
But Obama's mission is not by any means over. There are still key elements of his promised program yet to be delivered. These include Immigration reform, acting to protect the Environment, achieving equal pay for men and women and raising the minimum wage to assuage wage stagnation and its effect on the lowest earners in America, amongst many other issues.
Because of a contentious mid term election, he held back on moving on these important matters, so as not to jeopardize fellow Democrats struggling to hold their Senate seats in tough constituencies. And he took a lot of flak for that.
Alas, the elections are over now and he doesn't have to kowtow to scaredy-cat Democrats anymore. So he's thrown down the gauntlet on the first item on his fourth quarter agenda- Immigration. The Republicans have played him on it for years. But at last, he's finally calling their bluff. By going ahead to take executive action tomorrow, the President has extended his middle finger to them!
President Obama is clearly demonstrating that he's determined to finish his Presidential program and defend his legacy in these last 2 years. He's saying to congressional Republicans "distort my actions and intentions all you want. Obstruct me all you want. But I am going to pursue and deliver my program in my last 2 years. If you guys like, go ahead and impeach me as you like to threaten. But I'm now totally sick and tired of your nonsense"!
No doubt the Democrats will have no choice but to rally around him now, not just for their political sakes, but more importantly for the 2016 presidential election. And it is in this long game that Obama has beaten the Republicans again and again!
Watch this space...

Obama to announce immigration executive action in prime time address Thursday

President Barack Obama

By Jim Acosta, Athena Jones and Kevin Liptak, CNN

Columbus, OH -- President Barack Obama will unveil his long-awaited immigration plan Thursday evening, sources tell CNN, changing rules governing deportations that could affect millions of undocumented immigrants and setting off an explosive battle with Republicans.

Obama's prime-time address will be followed Friday by an event in Las Vegas, sources added. While exact details of his announcement haven't yet been made public, the basic outline of the plan, as relayed by people familiar with its planning, includes deferring deportation for the parents of U.S. citizens, a move that would affect up to 3.5 million people.

The President declared in June he wouldn't wait for Congress to pass a comprehensive overhaul of the immigration system, initially saying he would announce changes by the end the summer. The decision was delayed until after the midterm elections, when the White House believed it wouldn't be caught up in campaign politics.

But Republicans have expressed deep anger at the anticipated move, saying unilateral action on immigration would forestall any legislative action.

What's in the plan

The contours of Obama's announcement have been the subject of speculation among immigration activists for months, though the White House has yet to officially relay what Obama will announce when he speaks to the American people on Thursday night.

Administration officials say a keystone of the announcement will be allowing the parents of American citizens, who are undocumented immigrants themselves, to remain in the United States without the threat of deportation. That would include the parents of legal residents, but not the parents of children eligible for delayed deportation under a rule Obama enacted in 2012.

Up to 3.6 million people would be affected by that change, according to an estimate from the Migration Policy Institute, though the figures are smaller if Obama's announcement includes a minimum number of years spent in the country.

Mandating parents live in the U.S. for at least 5 years before becoming eligible would bring the number affected to 3.3 million; a 10-year minimum would bring it down further to an estimated 2.5 million people.

Other potential areas of reform include extending the deportation deferment for immigrants who were brought to the United States as children. Altering the age restrictions on that action could allow hundreds of thousands more people to remain in the United States.

Officials also said the plan could include a stronger focus on deporting criminals who are undocumented immigrants and an expansion of worker visas in areas like technology.

Lastly, the plan could include new resources to bolster security on the border.

Immigration changes announced by UK Home Office

Source: By Elliott Killingbeck (Own work)

Columbus, OH. The UK Home Office has issued an official statement announcing immigration changes to several of the country’s work and business visa categories, according to Re:locate Global.

These changes, set to be implemented in stages through the end of 2014, continue the UK’s efforts to make their immigration program more accessible to highly-skilled foreign nationals.
Below is an overview of the most important changes that affect companies operating in the UK and sponsoring foreign workers.
What's Changed?

• Tier 1 – Minor Changes to Several Categories Exceptional Talent visas will now be issued valid for a maximum of five (5) years rather than the traditional three (3) years. In addition, Exceptional Talent holders applying for an extension will no longer be required to demonstrate English Language Proficiency.

• Current Tier 1 (General) visa holders will potentially be permitted to accrue up to five (5) years on their status before it closes in order to be eligible for settlement in the UK. The UK Home Office will issue their final decision on this possible change in early 2015.

• Tier 2 – Genuine Vacancy Requirement and Resident Labour Market Test Beginning in November 2014, applications filed under the Tier 2 (Intra-Company Transfer) and Tier 2 (General) categories will be subject to a new “genuineness” test to verify that a genuine vacancy exists at the company. Thus, Tier 2 applications that fail to meet the following criteria may be denied outright:

• The job described by the sponsor does not genuinely exist;
• The job has been specifically tailored to exclude UK applicants;
• The applicant is not qualified to perform the job; or
• The job has been exaggerated to meet certain minimum skill thresholds.

While the UK Home Office has confirmed that only Tier 2 applications that bring forward serious doubts of a vacancy or genuineness of the position details will undergo the “genuineness test,” it remains unclear exactly what grounds will require this preliminary assessment. The Home Office is expected to provide a secondary statement of clarification in this regard.
Tier 2 (General) renewal applicants will no longer be subject to Residence Labor Market Testing if they will remain with the same sponsor and in the same job position.
UK companies will no longer be allowed to reduce a Tier 2 (General) visa holder’s hours or lower their salary below the £25,000 minimum threshold in order to decrease operation costs and avoid company layoffs. This was previously possible under a 2009 regulation brought into force during the global economic crisis.
Business Visa – Expansion of Allowable Business Activities Hints at Future Relaxation of Category
The Business Visa category has been slightly expanded to allow the following activities:

• Scientists and researchers will be permitted to share their knowledge and expertise on international projects that are being led by the UK; however, the individual cannot perform any work activities that require a work permit.

• Foreign attorneys employed by international law firms with offices in the UK may provide direct advice to UK clients regarding litigation or overseas transactions; however, the attorney must remain employed and on overseas payroll.

• Foreign nurses may sit for the Objective Structured Clinical Examination in the UK while holding a Business Visitor Visa before proceeding with their Tier 2 work visa application process.

ACTION ITEMS FOR EMPLOYERS
Most significant of these changes is the introduction of the “genuineness” test for Tier 2 (Intra-Company Transfer) and Tier 2 (General) applications. Employers should take note that the UK immigration authorities will not only have the right to subject questionable applications to this “genuineness” test, but they will also be able to deny applications based on the previously outlined criteria. Pro-Link GLOBAL will continue to monitor the situation and advise if the Home Office publishes any further clarifications.
Employers should also take note of the amendments to the Tier 1 and Business visa streams. Although the changes affect fewer individuals than the Tier 2 changes, they should still be noted for current and future expatriate assignments.
Caveat Lector | Warning to Reader
This is provided as informational only and does not substitute for actual legal advice based on the specific circumstances of a matter. Readers are reminded that Immigration laws are fluid and can change a moment's notice without any warning. Please reach out to your local Pro-Link GLOBAL specialist should you require any additional clarification. This alert was prepared by Pro-Link GLOBAL’s Knowledge Management team. Pro-Link GLOBAL worked with our PLG | KGNM Correspondent Office in the United Kingdom to provide you this update.
Information contained in this Global Brief is prepared using information obtained from various media outlets, government publications and our KGNM network of immigration professionals. Written permission from the copyright owner and any other rights holders must be obtained for any reuse of any content posted or published by Pro-Link GLOBAL that extends beyond fair use or other statutory exemptions. Furthermore, responsibility for the determination of the copyright status and securing permission rests with those persons wishing to reuse the materials. Interested parties are welcome to contact the Knowledge Management Department (km@pro-linkglobal.com) with any additional requests for information or to request reproduction of this material.
For further information visit: https://pro-linkglobal.com/ 

Canada immigration: Soon open for parents

Expected to re-open for applications early next year

By

• Majorie van Leijen

The popular parent and grandparent immigration option to Canada may soon become available again, as the programme is expected to re-open for applications early next year.

Parents and grandparents of Canadian citizens and residents are eligible for Canadian residency and perhaps, citizenship under the Parent and Grandparent Programme (PGP).

However, the programme has been closed for the past nine months, as the application cap for this year’s programme was reached in a matter of weeks.

In the first week of February, Citizenship and Immigration Canada (CIC) announced that 5,000 applications had been admitted and the programme would be closed, to be re-opened for a new round of applications in the following year.

At this point, no details about start of the 2015 programme have been released, but industry leaders suggest there is no reason for the programme to remain closed.

The last application round commenced on January 2, 2014.

Aspirant applicants are recommended to prepare their file and keep it ready to be submitted as soon as the intake resumes, because the popularity of the immigration option remains high.

A Canadian resident or citizen can sponsor parent(s) and/or grandparent(s) when at least 18 years of age, complying to a minimum necessary income, able demonstrate these funds for the period of three years prior to application and agree to accompany the family member(s), for a period of 20 years, if necessary.

Action Plan for Faster Family Reunification

Due to a backlog of applications and long processing times Citizenship and Immigration Canada (CIC) stopped accepting applications for the immigration stream on November 5, 2011.

Since then, CIC has been pursuing the Action Plan for Faster Family Reunification, aiming to reduce the backlog.

In 2012-2013 it admitted approximately 50,000 parents and grandparents as Canadian permanent residents, and another 20,000 were accepted in 2014, of which 5,000 were new applicants.

Supervisa

Meanwhile, an alternative option was developed under the Supervisa Programme.

Under this programme, parents and grandparents of Canadian residents and citizens can apply for a visitor’s visa for up to two years, and renew this visa for a period of 10 years.

Last year around 1,000 applications were accepted under the programme every month, and on an average 87 per cent of the applications are approved.

SEVP deploys new class of field reps to work with US schools hosting international students

Columbus, OH — The Student and Exchange Visitor Program (SEVP) deployed 14 additional field representatives to territories across the country this week. The field representatives serve as liaisons between the nearly 9,000 U.S. schools that enroll international students and SEVP. The program, housed within U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), certifies schools to enroll international students and protects national security by overseeing those students for compliance with U.S. laws.

                                                    

The field representatives serve as a key resource for schools on the SEVP certification and recertification processes, and they educate schools on the program's rules and regulations and federal laws governing international students studying in the United States. They also protect national security by improving the data integrity of the Student and Exchange Visitor Information System (SEVIS), an Internet-based system that houses information on international students and exchange visitors while they are in the United States. This data is used by government agencies to ensure compliance with U.S. laws.

With the new class, SEVP now has a 28 total of field reps based in 21 states across the country. Some states, based on the number of SEVP-certified schools, have multiple field representatives.

The new field representatives will build on successes achieved by the first class that resulted in greater compliance with government regulations. Key successes from the first class include:

• A field representative in Oregon helped a local public school district understand and comply with government reporting requirements. Four of the district’s high schools incorrectly issued a government form from the school district’s main office, instead of the individual schools, as required. The field representative addressed the need to have accurate and up-to-date SEVIS records, and the designated school official subsequently transferred student records from the district office to the actual school of attendance.

• A small, private high school in Minnesota issued a required government form to their sole international student, but failed to register that student in SEVIS in the necessary timeframe. As a result, the student’s SEVIS record was automatically terminated, which placed the student out of status. When the field representative visited the school, school officials said this student planned to transfer to a well-regarded U.S. university. Unfortunately, since the student was out of status she could not transfer schools. The field representative suggested the school official contact the SEVIS Help Desk to correct the error and document that the official had unintentionally failed to register the student. The situation was rectified in compliance with regulations, and the student successfully transferred to the U.S. university.

• In Georgia, the field representative assisted a private K-12 school to better understand reporting requirements. The school was not in compliance with regulations because the designated school officially failed to register the records of several of its new and returning students in SEVIS. As a result, 12 students had terminated or canceled SEVIS records, though they were actively enrolled at the school. The Atlanta-based SEVP field representative helped the designated school official navigate through the process of requesting correction of the students’ records back to valid status so they would be in compliance with federal regulations governing studying in the United States. By doing so, the field representative helped maintain SEVIS data integrity. 

• Field representatives help schools with student-specific issues. In Washington, a student needed to retake a course to move forward in her program, but that course was not offered until the following semester. The student inquired about the options available to her. The SEVP field representative provided regulatory guidance to assist the school’s designated school official to determine the correct course of action and available options. The student ultimately enrolled in a full course of study to maintain her status and will retake the failed prerequisite course when it is offered during the next school term.

“When we hired the first class of field representatives, we wanted to foster proactive compliance amongst SEVP-certified schools,” said Lou Farrell, SEVP director. “Our first class of field representatives did just that. They helped schools navigate rules and regulations and mitigate issues. We have the same high hopes for the newest class of field representatives.”

Before deploying to their respective territories, field representatives complete an eight-week training course in Washington, D.C., where they learn about federal laws and regulations and the SEVP school certification process. In addition to classroom instruction, the field representatives spend time at U.S. Customs and Border Protection (CBP), the U.S. Department of State and HSI's Counter Terrorism and Criminal Exploitation Unit to see how the various agencies’ units work together to vet international students studying in the United States.

Field representatives manage territories in one of three regions – eastern, central and western. They work with schools in the field four days a week and spend one day per week at their home office. Once fully staffed, each region will have 20 field representatives, for a nationwide total of 60. SEVP determined the size and location of the 60 territories based on the number of SEVP-certified schools in a specific geographic area.

Once deployed, a field representative has 30 days to contact designated school officials in their territory. Field representatives must meet twice a year with each certified school in their territory with active international students. If a school is SEVP-certified, but does not have any current international students, the field representative will reach out to that school via an annual visit, phone call or email.

SEVP monitors approximately one million international students pursuing academic or vocational studies (F and M visa holders) in the United States and their dependents. It also certifies schools and programs that enroll these students. The U.S. Department of State monitors exchange visitors (J visa holders) and their dependents, and oversees exchange visitor programs.

Both use SEVIS to protect national security by ensuring that students, visitors and schools comply with U.S. laws. SEVP also collects and shares SEVIS information with government partners, including CBP and U.S. Citizenship and Immigration Services, so only legitimate international students and exchange visitors gain entry into the United States.

HSI reviews potential SEVIS records for potential violations and refers cases with potential national security or public safety concerns to its field offices for further investigation. Additionally, SEVP’s Analysis and Operations Center reviews student and school records for administrative compliance with federal regulations related to studying in the United States.