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NEWS FROM THE NORTH: Canadian Immigration News.
CANADA
:WORK PERMITS AND
CORPORATE TRANSFERS.
by Veronique Malka Nasser, B.C.L.,
LL.B.
For foreign nationals who do not qualify
under NAFTA or GATS, the usual process to
work temporarily in Canada is through
application for a Work Permit. This involves
an application for a "confirmation" by HRSDC
to prove that no Canadian can fill the
position. The latter part of the process has
a specific legal test, which may involve
advertising for the position. Depending on
the employer, that test may be met with
evidence of internal corporate web-site
advertising for the job.
Click here to read the full story . . .
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Dear Readers:
We bring you this edition of our E-zine from
the shadow of the Capitol Building in
Washington D.C. where David Nachman and
Victoria Donoghue are presenting several
Workshops for the ISO and DSO attendees at
a Conference for the National Association of Foreign
Student Advisors ("NAFSA"). It is an honor to be
spending our time with such a dedicated group
individuals who continue to commit their
energies to understanding and implementing
procedures that help international students
on a day-to-day basis and to sustain and grow
international education programs in the U.S. and
reciprocal programs abroad. One of the many issues
of interest at the Conference is the new STEM OPT
Extension Regulations and the expansion of CIS'
E-Verify Program.
Government representative attendance at
this program is substantial and it gives us
an opportunity to understand what the future
may hold for immigration policies that impact
academic institutions throughout the country.
One thing that is clear from the presentations here is
that very few can lend any guidance as to what is
going to happen with the immigration issue in the
near and/or distant future.
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| GOOD NEWS FOR TNs: CIS Announces Proposed Rule to Extend Maximum Stay for TN Nonimmigrants. |
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On May 6th, 2008, CIS announced a notice for
proposed rulemaking that would allow TN visa
holders to remain in the United States for a
maximum of three years before requiring an
extension of stay. Additionally the proposal
would allow individuals to request extensions
for up to three years, as opposed the current
one year.
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Click Here to Read the Press Release from CIS . . . |
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| CSPA UPDATE: Update on Child Status Protection Act From the CIS. |
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An April 30th, 2008 memo from Donald Neufeld,
Acting Associate Director, Domestic
Operations, CIS, revises Chapter 21.2(e) of
the Adjudicator's Field Manual (AFM)
regarding the Child Status Protection Act,
modifying its earlier interpretation of the
Child Status Protection Act ("CSPA"), by
extending coverage to foreign nationals with
an approved visa petition, but without a
pending adjustment application on the date of
the CSPA's enactment.
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Click Here to Read the CIS Fact Sheet . . . |
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| H-1B BACK WAGE OBLIGATIONS: DOJ Says Federal Employers Do Not Have To Pay Back Wages To H-1B's. |
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DOJ's Office of Legal Counsel released a memo
on the payment of back wages to doctors hired
on H-1B visas by the Department of Veterans
Affairs ("VA"), stating "the statute
authorizing the
H-1B visa program does not waive the federal
Government's sovereign immunity. Therefore,
an administrative award of back wages to
alien physicians hired by the VA under the
program is
barred by sovereign immunity." This is a
February
11th, 2008, Memorandum Opinion for the General
Counsel, VA and Solicitor, Department of Labor,
Payment of Back Wages to Alien Physicians Hired
Under H-1B Visa Program.
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Click here to read more from the DOJ . . . |
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| SPEEDING UP CITIZENSHIP: Notice of Settlement Agreement in Lawsuit to End Naturalization and Adjustment Delays. |
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On May 2nd, 2008, CIS released a settlement
agreement in Kaplan v. Chertoff, 06-5304,
(E.D. Pennsylvania). The agreement provides
for expedited processing of stalled
naturalization and adjustment of status
applications for individuals at risk of
losing SSI benefits.
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Click Here to Read More . . . |
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| INTEGRITY OF E-VERIFY: E-Verify System to Integrate Naturalization and Border Inspection Data. |
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On May 5th, 2008, CIS announced that the
E-Verify system will integrate naturalization
data to confirm the citizenship status of
naturalized U.S. citizens, as well as real
time arrival data from the Integrated Border
Inspection System.
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Click Here to Read the CIS Press Release . . . |
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| CBP IMPLEMENTS A GLOBAL ENTRY PROGRAM: CBP Begins Accepting Applications for the Global Entry Pilot Program. |
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On May 1st, 2008, CBP announced that it began
processing applications for the Global Entry
pilot program designed to expedite the
processing of low-risk, frequent
international travelers entering the United
States. The program will be instituted at JFK
in New York, George Bush Intercontinental in
Houston, and Dulles in Washington D.C.
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Click Here for More Information from CBP. . . |
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| ICE CONTINUES IN THE SPRING: ICE Raids Meatpacking Plant in Iowa and Arrests More than 300. |
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On May 12, 2008 ICE raided Agriprocessors,
Inc., a Meat Packing Plant in Postville, Iowa. More than
300 foreign nationals were arrested.
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Click Here to Read the ICE Press Release . . . |
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| REPLACING THE I-94: Guidance for Requesting a Replacement I-94 Where Original was Misprinted. |
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It appears that sometime in early 2008,
CBP received approximately one million I-94
Arrival-Departure cards that were misprinted
such that they were missing a digit. An I-94
card should have eleven digits, comprised of
nine digits, a space, and then two more
digits. For example, an I-94 card might have
the number 055167890 11 (eleven digits), but
the misprinted cards had numbers such as
55157890 11 (with ten digits).
The misprint has resulted in problems such as
the Social Security Administration refusing
to issue, or delaying the issuance of, a Social
Security number to a person otherwise
eligible for enumeration who has an I-94 card
with a number short by digit.
CBP reported that the defective I-94 cards
have been recalled and replaced. It is
unknown how many defective cards have been
issued. Calgary Airport in Canada is one port
known to have issued some of the defective
cards, but there might be others.
A person with a misprinted I-94 card may
request that CBP issue a new card through
Deferred Inspection or at a Port of Entry.
Reprinted Courtesy of the American
Immigration Lawyers Association.
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| ROOTS: Final Rule Establishes Genealogy Program Within CIS. |
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CIS published a final rule establishing a
fee-for-service genealogy program within
CIS to streamline and improve the process
for acquiring historical records of deceased
individuals. This program replaces the FOIA process,
and may be useful for those trying to claim citizenship
at birth who need access to immigration
records for their parents and grandparents.
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Click Here to Read the Info in the Federal Register . . . |
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| RECRUIT CAREFULLY: Employer Doesn't Require Bachelor's, but BALCA Finds Professional Recruitment Mandatory for Appendix A Job. |
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BALCA affirms denial of PERM application,
noting that an occupation that appears on
Appendix A requires the employer to use the
professional recruitment standard, regardless
of whether the employer has required a
bachelor's degree for its particular
position, or the PWD. Matter of EPI Limited
Partnership.
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Click Here to Read the Case . . . |
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| SUMMER TRAVEL: CBP Urges Summer Travelers to Plan Ahead and to Have Proper Documents. |
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In preparation for anticipated volume of summer
travel, CBP issued a press release reminding
summer travelers of the documents that are needed to
gain entry into the U.S.
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Click Here to Read Guidance from CBP . . . |
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| NEW TPS FORM: CIS Modifies Form I-821. |
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CIS announced that it has revised the
Application for Temporary Protected Status
(Form I-821). The new form becomes effective
on June 27, 2008. Previous versions of Form
I-821 will be accepted until June 26, 2008.
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Click Here to Read the Release in the Federal Register . . . |
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