Global Mobility & Immigration Counsel : Immigration Lawyer & Attorney : Littler Mendelson Law Firm : Permanent Residence, Labor Certification : Global Mobility & Immigration Counsel

A recent report by the New York Times observes that, as global migration has increased, so has the importance and influence of the International Organization for Migration (IOM), an intergovernmental organization focusing on migration-related issues. IOM, founded in 1951 and comprised of 132 member countries (89 of which joined in the past 20 years), assists governments and individuals. For example, IOM has helped recruit meatpackers for Canada, assisted the U.K. government screen would-be migrants for tuberculosis, and installed microscopes in Bangladesh’s airports to detect passport fraud. Assistance for individuals has included aiding migrants’ repatriation during armed conflicts, and staging folk dramas to warn against sex trafficking.

The Times observes that IOM’s influence varies by location, noting that “[t]he United States and other rich donors largely dictate [IOM’s] agenda and ensure that it does not erode their power to decide which migrants they admit and how many.” In nations whose labor needs are satisfied via migrant workforces, and in nations that supply migrant workers, IOM plays a heightened role in guiding policy and educating and assisting workers. Although some of IOM’s actions have been criticized by policy groups and government officials, with a $1.4 billion budget, it appears that the group, originally established to resettle Europeans displaced by World War II, will remain an active participant in global migration affairs.

Photo credit: Vasare

• Print
• Trackbacks
• Share Link

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.

• Print
• Trackbacks
• Share Link

Following two years of negotiations, the European Commission has adopted draft decisions regarding short-stay visa waiver agreements with Brazil for holders of ordinary passports and for holders of diplomatic, service and official passports. The waiver agreements will provide reciprocal visa-free travel for all Brazilian and European Union (EU) citizens, including nationals of Malta, Estonia, Cyprus and Latvia (who currently cannot travel to Brazil without a visa). Before the proposed visa waiver can take effect, the decisions must be approved by the European Council and the agreements must be ratified by all EU member states and the Brazilian parliament.

Photo Credit: Tobias Wolter

• Print
• Trackbacks
• Share Link

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).

• Print
• Trackbacks
• Share Link

Daily News & Analysis reports that, in response to criticism over the government’s recent enforcement of a rarely-used 1955 law requiring nonresident Indians (NRIs) who became United States citizens to obtain surrender certificates and pay up to $425 for an Indian travel visa, India has amended its travel rules for NRIs. As a result:

• NRIs who became U.S. citizens before June 1, 2010 will not need to obtain a surrender certificate, but will be required to pay $20 to have their India passport stamped “cancelled.” NRIs who have lost their India passports will need to provide an affidavit and a copy of their U.S. naturalization certificate.
• NRIs obtaining U.S. citizenship on or after June 1, 2010 will be required to obtain a surrender certificate and pay $175.

• Print
• Trackbacks
• Share Link

The UK Border Agency (UKBA) has unveiled its “super premium service” for applicants seeking to extend their stay in the UK. For £15,000, the following services will be available:

• immigration application forms will be picked up by a Royal Mail courier;
• applicants can have their biometrics enrolled at a location of their choosing, including their home or business premises, at a time and date of their choosing (between 9:00 a.m. and 5:00 p.m., Monday through Friday); and
• a decision on the application will be made within 24 hours of the visit, if all requirements are met.

• Print
• Trackbacks
• Share Link

According to the Wall Street Journal, an independent report commissioned by the Department of Homeland Security (DHS) found that E-Verify, the federal electronic employment verification system, may be failing to detect 54% of unauthorized workers processed. According to the 338-page report (pdf), E-Verify experienced difficulty confirming that workers’ identities were their own. The purported reason: identity theft.

• Print
• Trackbacks
• Share Link

Over the past few years, the number of individuals using “trusted traveler” programs has increased, reports USA Today. These programs offer members the ability to expeditiously clear customs. The membership fee runs from $50 to $122.50 depending on the program, and membership lasts for five years. To qualify, applicants must pass a government-run background check (including fingerprint submission), a process that takes four to six weeks. Individuals with criminal records or who have violated immigration laws are ineligible.

• Print
• Trackbacks
• Share Link

The Monitor reports that, beginning March 1, 2010, foreign visitors will need a passport to enter Mexico. The requirement will not apply to visitors traveling to one of Mexico’s border cities, e.g., Reynosa or Nuevo Progresso, and who visit only the border area. However, visitors traveling beyond the border area will need to show their passport to immigration officials. For Americans and Canadians traveling beyond border regions, a tourist card will be required (at no cost for a visit of up to seven days, or approximately $20 for a six-month tourist card).

• Print
• Trackbacks
• Share Link

Customs and Border Protection has introduced a new program called Global Entry. The Global Entry program allows US citizens, US permanent residents and Dutch citizens who are pre-approved as low-risk travelers to process quickly through international arrival areas in certain airports in the U.S. (list below). A process for UK citizens is expected to be added soon.

• Print
• Trackbacks
• Share Link

The Times of India reports that India has issued a travel advisory in response to the Chinese embassy’s practice of stapling paper visas to passports of individuals from Jammu, Kashmir and Arunachal Pradesh. Indian officials have declared these visas invalid because they do not conform to the usual practice of pasting visas to passports. The advisory reminds Indians traveling to China to ensure that the visas are pasted onto their passports.

• Print
• Trackbacks
• Share Link

As reported by China Daily, police in the Chinese city of Guangzhou have been closely monitoring residential and business areas inhabited by foreigners, looking for individuals without stay permits or holding fake passports. Concerns over illegal immigration, particularly crimes committed by foreigners, have resulted in police stepping up efforts to curb the practice. Officials from Guangzhou Intermediate People’s Court said that one-third of fraud cases between 2002 and 2008 were committed by foreigners.

The police campaign has caused tension in the city’s African communities, resulting in protests over an unconfirmed death of a Nigerian man during a passport check. Police officials have only confirmed two injuries; one involved a man allegedly involved in illegal money operations who injured himself as he attempted to evade a passport check.

Each year, over one million people enter or exit through the ports of Guangzhou, a major trading hub for foreigners, especially from the Middle East and Africa. A local university estimates that over 20,000 Africans with valid travel documents reside in the area, although the overall number is higher because many do not have visas.

To assist foreigners, the entry and exit administrative authority opened an online service where they can apply for permit extensions. Foreigners traveling or residing in the area should always carry their passports and comply with registration procedures.

• Print
• Trackbacks
• Share Link

As reported in The New York Times, the Transportation Security Administration (TSA) is preparing to assume responsibility (currently assigned to airlines) for checking passengers’ names against terrorist watch lists, and is advising travelers to book airline tickets using their full name as it appears on their driver’s license or passport. Also, later this summer the TSA will begin requiring airlines to ask passengers for their birth date and gender during the ticketing process. Airlines will send this information to the TSA with the intent of making the watch list matching process more accurate.

The TSA has set August 15, 2009 as the target date for the airlines to begin asking for each passenger’s full name, gender and date of birth, and has begun publicizing the program, called Secure Flight. However, because many airlines’ reservation systems are not yet prepared to accept this additional information, the TSA has acknowledged that it will need to phase in the program as the airlines update their systems. For now, airlines are advising passengers not to worry if there is no field for entering their middle name, gender or date of birth when purchasing a ticket.

• Print
• Trackbacks
• Share Link

Due to the prevalence of fraudulent visas and passports, the Indian government is planning to install magnifying equipment and ultraviolet lamps at all international airports in order to more accurately verify the authenticity of travel documents. As reported by the Press Trust of India, other steps being taken at India’s international airports are the installation of new computer software (to verify passengers’ passport details) and additional training of immigration officers.

• Print
• Trackbacks
• Share Link

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.

• Print
• Trackbacks
• Share Link