Category Archives: Temporary Worker

IMMIGRATION COURTS AND USCIS CASES BACKLOG

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The backlog in the Immigration Courts and in the United States Citizenship Services (USCIS) is a growing concern for many immigrants and their families. The backlog has created long wait times for individuals seeking resolution to their immigration cases, leading to uncertainty and anxiety about their status in the United States.

The Immigration Courts, which fall under the jurisdiction of the Department of Justice, are responsible for adjudicating immigration cases, including removal proceedings (deportation), and asylum claims. In recent years, the backlog of cases in these courts has reached unprecedented levels, with over 1.3 million cases pending as of 2021. This backlog means that individuals may have to wait years for their cases to be heard, leaving them in limbo and ensure of their future in the United States.

The USCIS, the agency responsible for processing immigration applications and petitions, has also been plagued by a significant backlog. As of 2021, the agency has over 6.3 million applications pending, including naturalization, green card applications, visa applications, and employment authorizations. This backlog has resulted in lengthy processing times, with some individuals waiting years for their applications to be adjudicated.

The backlog in both the Immigration Courts and the USCIS has far-reaching consequences for immigrants and their families. It can result in prolonged separation from loved ones, uncertainty about employment and housing, and a constant state of limbo and anxiety. Additionally, the backlog hinders the efficient and fair administration of the immigration system, leading to delays in resolution of cases and preventing individuals from moving forward with their lives in the United States.

There are various factors that have contributed to the backlog in the Immigration Courts and USCIS. The complexity of immigration laws and regulations, increased enforcement actions, and lack of resources and staffing have all played a role in creating this backlog. Additionally, the COVID-19 pandemic has further exacerbated the situation, leading to court closures and processing delays.

Efforts are being made to address the backlog in both Immigration Courts and USCIS. The Biden administration has proposed more judges and staff, improved technology and infrastructure, and streamline processes. Additionally, there have been calls for legislative reforms to the immigration system to address the root causes for the backlog and ensure a more efficient and fain adjudication of cases.

In conclusion, the backlog in the Immigration Courts and USCIS is a pressing issue that has significant implications for immigrants and their families. It is essential for efforts to be made to address this backlog, to ensure timely and fair resolution for immigration cases, and to provide individuals with the certainty and stability the need to build their lives in the United States.

DHS ANNOUNCEMENTS

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On Nov. 08, 2023, The Department of Homeland Security (DHS), in consultation with the Department of State (DOS), announced the lists of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in the next year. See here https://www.uscis.gov/newsroom/alerts/dhs-announces-countries-eligible-for-h-2a-and-h-2b-visa-programs-1.

On Nov. 16, 2023, the Department of Homeland Security (DHS), through the U.S. Citizenship and Immigration Services (USCIS), and the Department of Labor (DOL) published a temporary final rule making available an additional 64,716 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2024, on top of the statutory cap of 66,000 H-2B visas that are available each fiscal year. American businesses in industries such as hospitality and tourism, landscaping, seafood processing, and more turn to seasonal and other temporary workers in the H-2B program to help them meet demand from consumers. See https://www.uscis.gov/newsroom/news-releases/uscis-announces-availability-of-additional-h-2b-visas-for-fiscal-year-2024.

What do these announcements mean? They mean more opportunities for foreign workers to come to the United States for temporary agricultural and non-agricultural employment. If you are interested in participating in these programs, be sure to check the list of eligible countries and start the application process. This is a great opportunity for both employers and foreign workers to fill important roles and support various industries in the United States.

ADJUST STATUS IN THE UNITED STATES

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By: Norka M. Schell, Esq.
Nov. 08, 2023

Once upon a time, in the land of endless possibilities, there was a young woman named Maria who dreamed of creating a new life for herself in the United States. She had heard stories of the American Dream, and opportunities. With determination in her heart, Maria set out on a journey that would change her life forever.

Maria arrived in the United States with a student visa, eager to pursue higher education. She studied diligently, excelling in her classes, and dreaming of the day when she could call America her home. However, as time went on, she faced a dilemma – her student visa was about to expire, and she could feel her dreams slipping away.

But Maria refused to give up. She started researching different ways to adjust her status and discovered the path of employment sponsorship. With renewed hope, she tirelessly searched for a job opportunity that would persuade an employer to sponsor her and help her stay in the country.

Days turned into weeks, and weeks into months, but Maria’s optimism never wavered. She revamped her resume, and reached out to various companies, and networked with professionals in her field. Her efforts soon paid off when she received an invitation for an interview with a prestigious company.

Dressed in her best suit and with a big smile on her face, Maria walked into the interview room, ready to leave a lasting impression. She confidently showcased her skills, shared her passion for the chosen field, and heightened her determination to contribute to the growth of the organization. The interviewers were captivated by Maria’s enthusiasm and drive, and within a few days, she received the coveted job offered.

With this job offer in hand, Maria began the processing of adjusting her status from nonimmigrant to immigrant. Though there were paperwork and legalities to navigate, Maria remained steadfast and optimistic. She sought the guidance of the immigration attorney Norka M. Schell who helped her to understand and navigate the intricacies of the adjustment of status process from non-immigrant to immigrant. With each completed form, and every document submitted, Maria felt closer to achieving her dreams.

Months rolled by, and Maria’s excitement turned to anticipation as she received news that her application for adjustment of status had been approved. She did a happy dance, joyous tears streaming down her face. Finally, her dream of calling America her home was becoming reality.

Maria’s story is just one example of countless individuals who immigration attorney Norka M. Schell helped to navigate the complex path of adjusting their status in the United States. It requires determination, resilience, and optimism in the face of uncertainty. But for those who dare to dream and believe, the American Dream can become a tangible reality.
The story of Maria reminds us that with the right mindset, any obstacle can be conquered, and dreams can be transformed into beautiful realities.

Biden Administration and Immigration in 2022

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CNN — How many times has the Biden White House had an unresolved conflict between idealism and pragmatism on the issue of immigration? How many times has it hesitated to take action, opting instead for political messaging? The sad answer to both questions is: every time.

Most of the officials appointed by President Joe Biden to work on immigration have resigned in frustration, according to a bombshell report from The New York Times in April. “The White House has been divided by furious debates over how – and whether – to proceed in the face of a surge of migrants crossing the southwest border,” the report said.

Some wanted more openness to immigrants of all kinds. Others wanted a coherent set of rules to be applied to the millions of people at the border. And some others wanted a compromise with Republicans to create a new merit-based, green-card system. They all got nothing.

A new report from the Department of Homeland Security for August confirmed over 2 million border apprehensions and expulsions this year so far. Previously, the United States only experienced more than 1 1/2 million apprehensions a few times in its history: during the late 1990s and then in 2021. At the current pace, that record could be doubled by the end of this year. And next year, if no policies change, it could double again…

Open border chaos increases human trafficking and drug trafficking. It turns what should be a foreign policy strength into a national security weakness.

When we ponder what Biden should do to address the immigration mess at the border, the honest answer is: something, anything. Because the status quo of playing politics while seemingly ignoring policy is not only politically divisive, but it’s also missing a golden opportunity.

Biden should take advantage of his moment in history to boldly reform American refugee policy. He could, at the stroke of a pen, redefine how many refugees are allowed into the United States by taking advantage of the distinction our laws make between those granted temporary protection and those awarded permanent residency.

Editor’s Note: Tim Kane is the president of the American Lyceum and a visiting fellow at the Hoover Institution. His most recent book is “The Immigrant Superpower.” The views expressed in this commentary are his own. View more opinion on CNN.https://www.cnn.com/2022/10/05/opinions/immigration-policy-biden-administration-kane/index.html

Automatic Employment Authorization Document (EAD) Extension

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Certain renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of their expiring employment authorization and/or EADs while their application is pending. You qualify for this extension if you:

  • Properly filed Form I-765 for a renewal of your employment authorization and/or EAD before your current EAD expired, and
  • Are otherwise eligible for a renewal, which means that:
    • Your renewal application is under a category that is eligible for an automatic extension (see the list of categories below); and
    • The Category on your current EAD matches the “Class Requested” listed on your Form I-797C Notice of Action, Receipt Notice. (Note: If you are a Temporary Protected Status (TPS) beneficiary or pending applicant, your EAD and this Notice must contain either the A12 or C19 category, but the categories do not need to match each other. In addition, for H-4, E, and L-2 dependent spouses, an unexpired Form I-94 indicating H-4, E, or L-2 nonimmigrant status (including E-1S, E-2S, E-3S, and L-2S class of admission codes) must accompany Form I-797C when presenting proof of employment authorization to an employer for Form I-9, Employment Eligibility Verification, purposes).

Automatic Extension Time Period—Temporary Increase to up to 540 Days

Normally, DHS regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the EAD. However, DHS has published a temporary final rule increasing the extension period. Effective May 4, 2022, DHS is temporarily increasing the extension period and providing up to 360 days of the additional automatic extension time, for a total of up to 540 days, to eligible renewal applicants. The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. This temporary increase is available to eligible renewal applicants with pending applications if you filed your Form I-765 renewal application either:

  • Before May 4, 2022, and your 180-day automatic extension has since expired;
  • Before May 4, 2022, and your 180-day automatic extension has not yet expired; or
  • Between May 4, 2022, and Oct. 26, 2023, inclusive of these dates.

If you file your Form I-765 renewal application after Oct. 26, 2023, the normal 180-day automatic extension period will apply.

Proof of an Automatic Extension

The automatic extension period, including the temporary increase to the extension period, is provided to certain renewal applicants to help prevent gaps in employment authorization and documentation.

If you file a Form I-765 renewal application on or after May 4, 2022, USCIS will send you a Form I-797C Notice of Action receipt notice that has information regarding the up to 540-day automatic extension. If you are eligible for the automatic extension, this receipt notice, together with your expired EAD (and your unexpired Form I-94, if you are an H-4, E, or L-2 dependent spouse, including E-1S, E-2S, E-3S, and L-2S class of admission codes) will serve as acceptable proof of employment authorization and/or EAD validity during the up to 540-day automatic extension period.

If you filed a Form I-765 renewal application before May 4, 2022, you should have received a Form I-797C Notice of Action receipt notice that describes the automatic extension period of up to 180 days. You will not receive a new I-797C receipt notice reflecting the increased employment authorization and/or EAD automatic extension period. However, Form I-797C receipt notices that refer to an up to 180-day automatic extension will still meet the regulatory requirements for completing Form I-9, including if your 180-day automatic extension expired prior to May 4, 2022.

For information about automatic extension of Employment Authorization, contact our office at (212)258-0713.

Foreign Nurse Visas

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  • U.S. hospitals seek foreign nurses amid visa windfall. Since the pandemic, American hospitals have been facing a shortage of nurses, leading many hospitals looking abroad for healthcare workers. The U.S. has an unusually high number of green cards available this year for foreign professionals, including nurses. The burnout from working during the pandemic has led many U.S. nurses to retire or leave their jobs. The high number of covid-19 cases has also placed tremendous pressure on the healthcare system. USCIS said it would quicken the renewal of work permits for health care workers, which could help keep some foreign citizens in the U.S. on the job. Last year, the State Department told consulates to prioritize applications for workers at facilities that respond to the pandemic.

    As a Foreign Nurse, Can I Work in the U.S. Temporarily?

    If you are a foreign nurse and want to work in the U.S. on a temporary basis (without receiving a U.S. green card), you might be able to obtain an H-1B visa. An H-1B is a popular temporary work visa for foreign nationals who have a job offer from a U.S. employer to work in a “specialty occupation.”

    Can I Obtain a U.S. Green Card as a Foreign Nurse?

    Your U.S. employer might also be willing to sponsor you for a green card. The employer must first offer you a full-time, permanent nurse position. Second, your employer must complete a process known as “labor certification” on your behalf (more commonly referred to as PERM). Now, you might have heard a lot about the PERM/labor certification process, with all its advertising requirements, but this process is completely different (and easier) for nurse positions.

    A nurse position is classified as a “Schedule A” position. Schedule A positions are ones that the U.S. government has recognized the U.S. needs more workers to fill. Therefore, employers are not required to post advertisements for Schedule A positions (a usual PERM requirement), because the U.S. government already knows there is a shortage of workers in these positions.

    For additional information on how to obtain a Foreign Nurse Visa, call Law Offices of Norka M. Schell, LLC at (212)258-0713.

USCIS Reaches H-2B Cap for First Half of FY 2020

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Release Date: 
U.S. Citizenship and Immigration Services has reached the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2020.

Nov. 15 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2020. USCIS will reject new cap-subject H-2B petitions received after Nov. 15 that request an employment start date before April 1, 2020.

USCIS continues to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes the following types of petitions:

  • Current H-2B workers in the U.S. petitioning to extend their stay and, if applicable, change the terms of their employment or change their employers;
  • Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and
  • Workers performing labor or services in the Commonwealth of Northern Mariana Islands and/or Guam from Nov. 28, 2009, until Dec. 31, 2029.

U.S. businesses use the H-2B program to employ foreign workers for temporary nonagricultural jobs. Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (Oct.1 – March 31) and 33,000 (plus any unused numbers from the first half of the fiscal year) for workers who begin employment in the second half of the fiscal year (April 1 – Sept. 30).

For more information, H-2B petitioners can visit the Cap Count for H-2B Nonimmigrants page.

 

Social Security Number for Immigrants

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Temporary workers and those in non-immigrant visa status who are authorized to work in the United States by the Department of Homeland Security (DHS) can get a Social Security number (SSN).

Social Security numbers are used to report wages to the government and to determine a person’s eligibility for Social Security benefits. A Social Security number is needed to work and to collect Social Security benefits.

Only non-citizens authorized to work in the US are eligible for a Social Security number.

Those on non-employment based temporary visas (like ESTA) without work authorization are not permitted to apply for social security number.

How to Get a Social Security Number (SSN)

There are two ways that you can get a social security number and card:

  1. If you are age 18 or older, you can apply for a social security number in your home country when you apply for an immigrant visa with the U.S. Department of State. The U.S. government will use the same information that you give to apply for an immigrant visa to apply for an SSN.

Your social security card will arrive at your mailing address about three weeks after you arrive in the US. If you apply for the Social Security number outside of the U.S., you do not have to visit an American Social Security office after entry into the United States.

  1. If you are not an immigrant or did not apply for a Social Security number when you applied for an immigrant visa, you must bring your petition and approval notices showing your legal immigration status and approved authorization to work in the United States. Then you should apply for a Social Security number and card by visiting a Social Security office in the U.S.

The Social Security Administration recommends that you wait ten days after arriving in the country to “make it easier for us to verify your Department of Homeland Security documents online, which will speed processing of your Social Security number application.” Applying for a Social Security number is free.

Information Required to Get a Social Security Card

  • Application for A Social Security Card (Form SS-5)
  • Two original documents proving your identity, immigration status, work eligibility, and age.

As far as documentation, for example, a work permit can be used as proof of both your identity and work-authorized immigration status. Some other acceptable documents to prove your work authorization can include your immigrant visa, an employment-based admission stamp, the I-94 Arrival/Departure Record, and any work permits or Employment Authorization Documents (EAD).

Your birth certificate or passport may serve as proof of age. However, you need two separate documents to prove eligibility for a social security number.

Temporary workers and those in non-immigrant visa status who are authorized to work in the United States by the Department of Homeland Security (DHS) can get a Social Security number (SSN).

Social Security numbers are used to report wages to the government and to determine a person’s eligibility for Social Security benefits. A Social Security number is needed to work and to collect Social Security benefits.

Only non-citizens authorized to work in the US are eligible for a Social Security number.

Those on non-employment based temporary visas (like ESTA) without work authorization are not permitted to apply for social security numbers.

How to Get a Social Security Number (SSN)

There are two ways that you can get a social security number and card:

  1. If you are age 18 or older, you can apply for a social security number in your home country when you apply for an immigrant visa with the U.S. Department of State. The U.S. government will use the same information that you give to apply for an immigrant visa to apply for an SSN.

Your social security card will arrive at your mailing address about three weeks after you arrive in the US. If you apply for the Social Security number outside of the U.S., you do not have to visit an American Social Security office after entry into the United States.

  1. If you are not an immigrant or did not apply for a Social Security number when you applied for an immigrant visa, you must bring your petition and approval notices showing your legal immigration status and approved authorization to work in the United States. Then you should apply for a Social Security number and card by visiting a Social Security office in the U.S.

The Social Security Administration recommends that you wait ten days after arriving in the country to “make it easier for us to verify your Department of Homeland Security documents online, which will speed processing of your Social Security number application.” Applying for a Social Security number is free.

Information Required to Get a Social Security Card

  • Application for A Social Security Card (Form SS-5)
  • Two original documents proving your identity, immigration status, work eligibility, and age.

As far as documentation, for example, a work permit can be used as proof of both your identity and work-authorized immigration status. Some other acceptable documents to prove your work authorization can include your immigrant visa, an employment-based admission stamp, the I-94 Arrival/Departure Record, and any work permits or Employment Authorization Documents (EAD).

Your birth certificate or passport may serve as proof of age. However, you need two separate documents to prove eligibility for a social security number. See https://secure.ssa.gov/ICON/main.jsp

By: Alison Doyle posted 09/03/2019 at on www.balancecareer.com