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Rep. Joe Heck (R–NV) has introduced the Welcoming Business Travelers and Tourists to America Act of 2011 (H.R. 3039), which would increase fees imposed on travelers entering the United States as a method of speeding up the processing of travel document applications. The revenue from increased fees would fund State Department staffing increases designed to streamline and accelerate visa processing, thereby increasing tourism into the United States. Highlights of H.R. 3039 include the following:

• The State Department must set a visa processing standard of 12 or fewer calendar days at U.S diplomatic or consular missions in Brazil, India and China, and increase staffing levels.
• The State Department must conduct a two-year pilot program on using secure, remote video-conferencing technology to conduct visa application interviews.
• The Secretary of State would be permitted to modify or enter into agreements with certain countries to allow for longer visa validity periods.

According to the bill’s legislative findings, over the past decade the United States lost the opportunity to generate $606 billion in revenue through tourism. Moreover, increasing tourism by shortening the nonimmigrant visa approval timeline could permit an additional 98 million visitors, create 1.3 million jobs, and generate $859 billion in U.S. economic output between 2015 and 2020. Additionally, the findings contend that removing these barriers will benefit U.S. diplomatic relations.

Photo credit: Dx73

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The U.S. Department of State has released the October 2011 Visa Bulletin, which summarizes visa availability. As compared to the September 2011 Visa Bulletin, minimal movement occurred in the oversubscription date (i.e., the date on which the availability quota was met) for employment-based visa categories, including:

• EB-2 (professionals with advanced degrees or persons of exceptional ability): The oversubscription date for Indian and Chinese nationals progressed three months, from April 15 to July 25, 2007.
• EB-3 (skilled workers and professionals): The oversubscription date for nationals of Mexico and the Philippines advanced 16 days, from November 22 to December 8, 2005. A 24-day advance occurred for nationals of China, from July 15 to August 8, 2004. Indian nationals experienced a one-week advance, from July 8 to July 15, 2002.
• EB-3 (other workers): There were no changes concerning Chinese nationals (April 22, 2003); Indian nationals’ oversubscription date advanced one week, from June 1 to June 8, 2002; the oversubscription date for nationals of Mexico and the Philippines advanced several weeks, from August 1 to September 15, 2005. 

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The U.S. Department of State has released the September 2011 Visa Bulletin, which summarizes visa availability. As compared to the June 2011 Visa Bulletin, some movement occurred in the oversubscription date (i.e., the date on which the availability quota was met) for employment-based visa categories, including:

• EB-2 (professionals with advanced degrees or persons of exceptional ability): The oversubscription date for Indian and Chinese nationals progressed to April 15, 2007, from October 15, 2006.
• EB-3 (skilled workers and professionals): The most significant development concerned the oversubscription date for Mexican nationals, which advanced almost a full year, from December 22, 2004 to November 22, 2005. Advances of several weeks occurred for nationals of: China, from May 15 to July 15, 2004; the Philippines, from September 15 to November 22, 2005; and India, from April 22 to July 8, 2002.
• EB-3 (other workers): The oversubscription date for nationals of Mexico and the Philippines advanced two years, from November 8, 2003, to November 22, 2005. 

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The U.S. Department of State has released the June 2011 Visa Bulletin, which summarizes visa availability. Some movement occurred in the oversubscription date (i.e., the date on which the availability quota was met) for employment-based visa categories, including:

• EB-2 (professionals with advanced degrees or persons of exceptional ability): The oversubscription date for Indian and Chinese nationals progressed to October 15, 2006, from July 1 and August 1, 2006, respectively.
• EB-3 (skilled workers and professionals): The oversubscription date for Mexican nationals advanced 3.5 months, from September 8 to December 22, 2004. A one-month advance occurred for Chinese nationals, from April 15 to May 15, 2004, with a one-week advancement for Indian nationals, from April 15 to 22, 2002, and three weeks’ progression for Philippines nationals, from August 22 to September 15, 2005.
• EB-3 (other workers): The oversubscription date for nationals of Mexico and the Philippines advanced two months, from September 8 to November 8, 2003.

Photo credit: David Pedre Loureiro

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The Department of Homeland Security (DHS) has announced that, on March 18, 2011, it will launch the E-Verify Self Check Program, a secure web portal that allows an individual to verify his or her work authorization status. Previously, only employers could conduct E-Verify checks, and, in the event of a possible mismatch, the prospective employee needed to resolve the matter, thereby delaying his or her possible hire and/or start date. The Self Check Program will allow individuals to correct any identity information errors that the E-Verify system might contain, thereby “provid[ing] a vehicle for an individual to proactively check work authorization status prior to the employer conducting the E-Verify inquiry.”

The Self Check program is a two-stage process: Stage 1 requires users to verify their identities; Stage 2 examines whether the individual is legally authorized to work in the United States.
 

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United States Citizenship and Immigration Services (USCIS) announced that employers submitting petitions for visas will not be required, until February 20, 2011, to complete Part 6 of Form I-129 (Petition for a Nonimmigrant Worker). The updated Form I-129 replaced the previous version on December 23, 2010. According to Fox News, the delay in requiring employers to complete Part 6 was caused by confusion over recently implemented USCIS regulations that impose increased obligations under two older laws: The Export Administration Regulations (EAR) (15 C.F.R. Parts 770-774) and the International Traffic in Arms Regulations (ITAR) (22 C.F.R. Parts 120-130).

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On September 29, 2010, Senators Robert Menendez (D–NJ) and Patrick Leahy (D–VT) introduced “The Comprehensive Immigration Reform Act of 2010” (S. 3932). According to Senator Menendez, the bill “addresses long-standing, wide-ranging flaws in the immigration system that have been priorities of groups on each side of the immigration reform debate.” The bill was introduced shortly before Congress adjourned for its mid-term election recess. As reported by The Hill, Senator Menendez defended his timing for introducing the bill by stating that it could lead to possible “lame-duck movement” on the legislation, and in the longer term it serves as an "invitation to bring Republican colleagues to discussion" on immigration reform.

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The State Department has announced that from October 5, 2010, to November 3, 2010, individuals may register for the 2012 diversity visa lottery.

For 2012, 50,000 diversity visas will issued. To be eligible, applicants must possess:

• a high school education or its equivalent; or
• two years of work experience, in a profession requiring at least two years’ training or experience, during the past five years.

The lottery procedure randomly selects qualified applicants from six geographic regions with low rates of migration to the United States. Within each region, no country may receive more than 7% of the available diversity visas in any one year. No visas are awarded to nationals of countries sending more than 50,000 immigrants to the United States over the period of the past five years. Selectees will be notified of their selection through the Entry Status Check, available starting May 1, 2011, via the program’s website, www.dvlottery.state.gov.

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Two years after introducing an interim final rule concerning trainees and interns in Exchange Visitor Programs (EVPs), the U.S. State Department published a final rule in the Federal Register. The final rule essentially confirms its interim predecessor which, among other things:

• eliminated the distinction between “non-specialty occupations” and “specialty occupations;”
• established a new internship program; and
• modified the selection criteria for participation in a training program.

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The State Department has released the September 2010 Visa Bulletin, which summarizes visa availability. Some movement occurred in the oversubscription date (i.e., the date on which the availability quota was met) for employment-based visa categories, including:

• EB-2 (professionals with advanced degrees or persons of exceptional ability): The oversubscription date for Indian and Chinese nationals progressed two months from March 1, 2006, to May 8, 2006.
• EB-3 (skilled workers and professionals): The oversubscription date for nationals of the Dominican Republic and the Philippines advanced six months, from June 1, 2004, to December 15, 2004. A one-month advance occurred for Chinese nationals, from September 22 to October 22, 2003, but there was no movement concerning the date for Indian nationals, which remains at January 1, 2002.
• EB-3 (other workers): The oversubscription date for nationals of China, the Dominican Republic and the Philippines advanced 10 months, from May 15, 2002, to March 22, 2003.

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Computerworld reports that the United States government is reviewing whether the recently-enacted border security law, funded through increased H-1B and L-1 visa application fees for certain foreign-owned companies, runs afoul of World Trade Organization rules, as the law’s opponents and India’s Commerce Secretary contend. However, the issue was only briefly addressed in a recent U.S. Department of State press briefing during which a spokesperson confirmed that discussions about the law were being held between U.S. and Indian officials. Some suggest that the law could increase Indian companies’ U.S. operating costs by $250 million per year.

In a separate article, Computerworld reports that the law has caused rare consensus among H-1B visa advocates and opponents. Individuals on both sides contend that the bill will not create IT jobs for Americans. They suggest that targeted companies—foreign entities operating in the U.S. whose workforce is 50% or more foreign—can easily shift operations to Canada or Latin America. Finally, there are concerns that the fees’ generated revenue is misdirected, and that the funds should be used to spur innovation in the U.S. technology industry rather than to increase law enforcement operations at the United States’ southwestern border.

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The State Department has released the August 2010 Visa Bulletin, which summarizes visa availability. Some movement occurred in the oversubscription date (i.e., the date on which the availability quota was met) for employment-based visa categories, including:

• EB-2 (professionals with advanced degrees or persons of exceptional ability): The oversubscription date for Indian and Chinese nationals changed from October 1, 2005, and November 22, 2005, respectively, to March 1, 2006. As previously discussed, considerable movement concerning the oversubscription date for Indian nationals was reported in the July 2010 Visa Bulletin.
• EB-3 (skilled workers and professionals): The oversubscription date for nationals of the Dominican Republic moved from August 15, 2003, to June 1, 2004. For Indian nationals, the date edged forward slightly from November 22, 2001, to January 1, 2002.
• EB-3 (other workers): The previous oversubscription date of June 1, 2001 progressed to January 1, 2002 for Indian nationals, and to May 15, 2002 for nationals of China, Mexico, and the Philippines.

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The U.S. State Department announced that the U.S. Embassy in Beijing, and four other consular offices in other Chinese cities, will be open on Saturdays to accommodate Chinese nationals seeking to visit the United States. The extended hours are intended to decrease the wait time for visa appointments. Last year, 487,000 visas were issued to Chinese nationals, two-thirds of which were for business and tourism. For 2010, to date, the number of visa applications received is 28% higher than at this time last year.

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The State Department has released the July 2010 Visa Bulletin, which summarizes visa availability. The most significant employment-based visa development concerns the oversubscription date (i.e., the date on which the availability quota was met) of EB-2 visas – visas for members of the professions holding advanced degrees or for persons of exceptional ability. The EB-2 oversubscription date for Indian nationals moved from February 1, 2005, to October 1, 2005 since the last visa bulletin in June 2010.

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Based on recommendations by the World Professional Association for Transgender Health, the U.S. State Department has announced new policy guidelines concerning gender change in passports and consular records of foreign births. As of June 10, 2010, applicants can have their gender, as indicated on a passport, changed by supplying certification from an attending physician that the individual has undergone appropriate clinical treatment for gender transition. Additionally, a limited, two-year passport will be available if the physician’s statement indicates that the applicant is currently in the gender transition process. Finally, gender change in records of foreign births will also be possible.

To view the policy, please click here (pdf).

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The U.S. State Department has unveiled its new online nonimmigrant visa application process, reports Nextgov.com. As previously discussed, Form DS-160 combines three application forms into a single online platform. Although petitioners previously could complete applications online, they were required to bring hard copies of the completed applications to visa interviews. Now, only a confirmation sheet with a bar code is required since consular officers can retrieve the application through the department’s database.

Currently, 88 consulates and embassies have implemented Form DS-160. The State Department hopes that all overseas consular offices will use the system by the end of April 2010. However, because of the time and expense necessary to develop foreign language versions of DS-160, it is uncertain whether this goal will be met.

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In its revised Travel Alert on Chile, the State Department is advising U.S. citizens to avoid tourism and non-essential travel to Chile due to the February 27 earthquake’s aftermath. It has further advised Americans in Chile to apprise friends or family of their well-being via telephone or Internet.

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The U.S. Department of State has released its Visa Bulletin for February 2010. The bulletin outlines:

• how many visas are statutorily made available;
• how many visas are available based on type (family-sponsored, employment-based, diversity); and
• the allocation (by percentage) of these visas. 

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The U.S. State Department’s Bureau of Consular Affairs announced that the Electronic Visa Application Form (EVAF) is being replaced by DS-160, a fully web-based nonimmigrant visa application form. DS-160 allows consular officers to review nonimmigrant visa application data prior to in-person interviews. DS-160, which 24 consular offices currently use, will replace all nonimmigrant visa application forms (except those for K visas).

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Examiner.com reports that the U.S. Department of State will require Diversity Immigrant Visa Program (DV-2011) applicants to provide an email address. Previously, email addresses were optional. Although successful applicants will only be notified by mail, individuals who respond to official selection letters may be sent follow-up emails by the State Department, according to the DV-2011 instructions (pdf).

Photo credit: GDFL

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The U.S. Department of State has issued instructions (pdf) on how to apply for the 2011 Diversity Immigrant Visa Program (DV-2011). This Congressionally mandated program makes available 50,000 diversity visas (DV) annually, drawn from random selection among all entries, to persons from countries with low rates of immigration to the United States and who meet strict eligibility requirements.

To enter the lottery, applicants must have:

• successfully completed a 12-year course of elementary and secondary education; or
• completed two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform. The U.S. Department of Labor’s O*Net online database will be used to determine qualifying work experience.

Applications can be filed online only. (Required application information can be found in the above-referenced instructions.)

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The US Department of State announced that from October 2, 2009, to November 30, 2009, individuals may register online to enter the diversity visa lottery.

The Diversity Immigrant Visa Program permits 50,000 diversity visas to be issued annually. To be eligible, applicants must possess:

• a high school education, or its equivalent; or
• two years of work experience, in a profession requiring at least two years’ training or experience, during the past five years.

Under the program, a computer randomly selects qualified applicants from countries with low rates of immigration to the United States. Lottery entrants, if selected, will be notified between May and July of 2010.

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The U.S. State Department has announced a travel alert for India. U.S. citizens visiting or living in India are cautioned about possible terrorist attacks throughout India during the country’s current holiday season which also coincides with the anniversary of the September 11th attacks. It has been less than one year since the Mumbai attacks in which hotels and other public places were targeted.

Accordingly, U.S. citizens are advised to:

• be aware of local surroundings;
• maintain a low profile;
• monitor local news reports;
• consider the security level of venues before visiting them; and
• register with the nearest U.S. Embassy or Consulate via the State Department’s website. Those without internet access can register directly at any of the five diplomatic offices.

The travel alert will expire on October 30, 2009.

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Recent violence in Urumpqi, in China’s Xinjiang Uyghur Autonomous Region, resulted in The State Department issuing a Travel Alert in the area until August 10, 2009. Americans in that area are advised to avoid demonstrations and large gatherings, remain indoors and avoid unnecessary movement in the city. Those planning on traveling to the area have been advised to defer their travel to the region.

While there is no indication of violence directed at U.S. citizens, Chinese state media has reported over 150 deaths and over 1,000 injured. Although there is an increased security presence, further violence might occur.

The State Department has recommended that Americans register through its website with whichever office is nearest: the U.S. Embassy in Beijing, the U.S. Consulate General in Chengdu, the U.S. Consulate General in Guangzhou, the U.S. Consulate General in Shanghai, or the U.S. Consulate General in Shenyang.

Travelers can obtain information on security conditions by calling, toll free, (888) 407-4747, in the U.S. or, if outside the United States and Canada, (202) 501-4444 - toll charges will apply.

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Under current U.S. immigration law, 140,000 employment-based (EB) immigrant visas (green cards) are available to foreign workers every year. This number is broken down into preference categories, including the EB-1, EB-2, and EB-3 categories (the most widely used employment categories), as well as EB-4 (religious workers and other special immigrants), and EB-5 (investor) categories. The number is further broken down by an applicant’s country of birth resulting in approximately 2,800 available visas per country per EB category per year. Individuals born in countries with higher demand, including India and China, have significantly longer wait times to obtain green card approval due to the limited annual availability.

Each month, Charles Oppenheim of the U.S. Department of State provides an estimated calculation of immigrant visa availability for the following month, and this information is published through the State Department’s Visa Bulletin. These estimates form the basis for an individual’s eligibility to apply for an immigrant visa depending on his/her preference category and country of birth.

On June 10, Oppenheim made dire predictions for immigrant visa availability for the rest of 2009 and into 2010. The increased demand in the EB-4 “religious worker and other special immigrants” category, as well as the EB-5 “investor” category, is partly to blame. Most years there are significant unused numbers from those categories, which then pass through to the EB-1 and EB-2 categories. Without these additional numbers, EB-1 and EB-2 categories will be stretched very thin. Those born in India and China already experience backlogs in the EB-2 category, and it is anticipated that this will become much worse if there are no unused numbers that flow from the EB-4 and EB-5 categories.
 

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As reported by The Telegraph, officials from the Department of Homeland Security and the Department of State are planning to significantly decrease the visa processing delays faced by foreign students and researchers. Under a new “streamlined” process, the time needed for a visa security review will be reduced from several months to two weeks. American universities that rely upon foreign science and engineering graduates and doctors—especially from China and India—to lead scientific and technical research projects have complained about the delays in the American visa application process.

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The United States’ Western Hemisphere Travel Initiative (WHTI), which heightens the document requirements for entering and re-entering the United States by land or sea, went into effect on June 1. The WHTI requires all citizens of the US, Canada, Mexico, Bermuda, and Caribbean nations to have a passport or other form of approved documentation in order to enter or depart the US. As reported by JURIST, some have voiced concerns about the rules’ impact on tourism in the US and Canada, whose border has been called the "world's longest undefended border." The WHTI rules were promulgated under the Intelligence Reform and Terrorism Prevention Act of 2004, which required the Department of Homeland Security and the Department of State to develop and implement a plan requiring travelers to present secure identification documents when entering or re-entering the United States.

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The Department of State has announced  the opening of its 21st domestic passport issuance facility in Minneapolis, Minnesota. The Minneapolis Passport Agency, which opened on May 18, is designed to provide in-person passport services to American citizens throughout the North Central border region. The announcement noted: “With the final phase of the Western Hemisphere Travel Initiative scheduled to be implemented June 1, 2009, this agency will greatly improve our ability to meet the travel needs of our customers in several of our northern border states.” The Minneapolis Passport Agency serves U.S. citizens who have urgent/emergency travel needs, and has the capability to issue passport books and passport cards on-site to qualified applicants.

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The State Department has published a revised Exchange Visitor Skills List in the April 30 issue of the Federal Register. The Skills List serves as the basis for making some J-1 visa holders subject to a two-year home country residence requirement. J-1 Exchange Visitors whose skills or fields of specialized knowledge appear on the Skills List will not be eligible to change to H or L temporary visa status or permanent residence until the two-year foreign residence requirement is satisfied or waived. The new list takes effect on June 28.  Continue reading about this development in the Littler ASAP "State Department Publishes New Exchange Visitor Skills List," written by Debra Baker, Jorge R. Lopez, Ian R. MacDonald and David C. Whitlock.

 

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The Department of State has issued an announcement declaring Saturday, March 28, 2009, as “Passport Day in the USA,” a national outreach event to inform the public about the upcoming changes to U.S. travel document requirements, provide passport information and accept passport applications from U.S. citizens from coast-to-coast and border-to-border. All Department of State Passport Agencies and many Passport Acceptance Facilities around the country will host passport application acceptance events. The State Department is encouraging U.S. citizens without a valid passport book or passport card to apply on this day.
 

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The Department of State has issued a travel alert to warn U.S. citizens of safety and security concerns in Madagascar “due to demonstrations stemming from a political rift between supporters of the mayor of the capital city of Antananarivo and the government of Madagascar.” The travel alert urges American citizens to consider carefully the risks of travel to Madagascar at this time, and expires on May 1, 2009. Although, to date, American citizens have not been targeted, the alert urges U.S. citizens already in Madagascar to maintain a high level of vigilance and a low profile.

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The Department of State has released its Visa Bulletin for February 2009. The bulletin reports employment based third preference (EB-3) visas as oversubscribed, while the employment based second preference level (EB-2) is current for all areas of chargeability except for China and India.

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