State Department Issues Final Rule on Exchange Visitor Program Trainees and Interns

Posted on August 20, 2010 by Immigration/Global Migration Group

U.S. Department of State SealTwo 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.

However, the final rule, which becomes effective September 10, 2010, makes the following changes:

  • permits telephone interviews to screen potential participants’ eligibility;
  • removes the requirement that sponsors secure a Dun & Bradstreet report profiling companies with whom a participant will be placed; 
  • provides clarification regarding the verification of workers’ compensation coverage for participants and use of an Employer Identification Number to ascertain that a third-party host organization providing training is a viable entity; and
  • clarifies that trainees and interns may repeat training and internship programs under certain conditions.

EVPs allow foreign nationals with significant experience in certain occupational fields to receive further training in the United States. They are designed to enhance academic and occupational skills and expertise by having participants engage in structured work-based training and internship programs, and to improve participants’ knowledge of American techniques, methodologies, and technology. EVPs also are intended to expose visitors to U.S. culture and society, and Americans to foreign cultures and skills.
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ICE to Update Student and Exchange Visitor Information System

Posted on January 19, 2010 by Immigration/Global Migration Group

In the January 5, 2010 Federal Register, U.S. Immigration and Customs Enforcement (ICE) outlined (pdf) its two-phase process for updating the Student and Exchange Visitor Information System (SEVIS). SEVIS collects information on:

  • prospective, current and former foreign students, exchange visitors and their spouses entering the U.S. on F, M or J nonimmigrant visas; and
  • officials of approved schools and designated sponsors.

During phase one, which will begin early this year, SEVIS will remain intact while its successor system, SEVIS II, is rolled out. SEVIS II will collect more data than its predecessor, and also will provide users with increased access to the system (including the ability to view their records and request corrections). Phase two, which has no definite start date, entails the complete incorporation of SEVIS data into SEVIS II, with the latter becoming the sole records system in place.

The SEVIS II system will collect the following data:

  • biographical information (e.g., name; date, city and country of birth; country of citizenship and/or permanent residence);
  • educational and financial information (e.g., school; program of study; tuition; financial support organization name and support amount); and
  • benefit information (e.g., fingerprint identification number; visa number; arrival and departure information).

The above information will also be collected for any proxy, parent or guardian of any F/M/J nonimmigrant who cannot create their own account due to their age (under 13 years of age).
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Countdown to Effective Date of New I-9

Posted on March 24, 2009 by Immigration/Global Migration Group

As discussed in our previous entry, the new Form I-9 (revision date 2/02/2009) is currently scheduled to go into effect on April 3, 2009. The new I-9 form is available on the U.S. Citizenship and Immigration Services website. The new I-9 and the interim rule creating it were originally published in the Federal Register on December 17, 2008, with a correction published on January 16, 2009. However, on January 30, 2009, the U.S. Department of Homeland Security (DHS) announced that implementation of the new I-9 would be postponed until April 3, 2009. Notice of the delay appeared in the February 3, 2009 edition of the Federal Register. Continue reading Littler ASAP "Countdown to Effective Date of New I-9" by Jorge R. Lopez and Lisa A. Cottle.

 

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Implementation of New I-9 Delayed

Posted on February 5, 2009 by Immigration/Global Migration Group

On December 17, 2008, the U.S. Department of Homeland Security (DHS) published in the Federal Register an interim final rule revising the Form I-9 and List of Acceptable Documents attached thereto. A correction was subsequently published on January 16, 2009, contributing to the confusion already surrounding the new form. DHS later posted the new I-9 at www.uscis.gov indicating that it must be used by all employers effective February 2, 2009. Consequently, numerous interest groups proposed that the implementation of the I-9 be delayed. Late in the afternoon on January 30, 2009, that request was answered – DHS filed a last minute notice announcing that implementation of the form would be postponed until April 3, 2009. Notice of the delay appears in the February 3, 2009 edition of the Federal Register.

The interim rule alters both the I-9 form and the List of Acceptable Documents by changing some of the language on the form itself and adding to and deleting from the List of Acceptable Documents. In Section 1, the employee portion of the Form I-9, DHS has amended the language to include a noncitizen national. A noncitizen national includes someone born in American Samoa, certain citizens of the Trust territories of the Pacific Islands, and some children of noncitizen nationals born outside the United States.
 

The remainder of the changes imposed by the interim rule deal with Section 2, the employer portion of the Form I-9, and the List of Acceptable Documents. Under the law’s current incarnation, the U.S. passport and all List B documents are acceptable even if they are expired. A document containing no expiration date, such as a Social Security card, is considered “unexpired” and is therefore acceptable for I-9 purposes.

Under the interim rule, DHS has changed the List of Acceptable Documents to include the new U.S. Passport Card in List A. Two other documents have also been added to List A, and they will verify both identity and work authorization:

1. A foreign passport notation on a machine-readable immigrant visa that is pre-printed with a temporary I-551 notation (confirmation of legal permanent residence status); and

2. A passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with a valid Form I-94 demonstrating valid status pursuant to the Compact of Free Association with the United States.

A number of documents have been removed from List A because DHS no longer issues them and any such documents previously issued have now expired. These include:

1. Form I-688, Temporary Resident Card;

2. Form I-688A, Employment Authorization Card; and

3. Form I-688B, Employment Authorization Card.

Finally, the interim rule deletes all references to the former U.S. Department of Justice Immigration and Naturalization Service (“INS”) and replaces such references with “DHS” wherever “INS” appears in the relevant laws and documents. 

This entry was authored by Lisa Cottle, an associate in Littler's Cleveland office.
 
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