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March 19, 2002 Immigration News Update
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In this issue: 1. USDA Terminates J-1 Waiver Program for Foreign Physicians 2. State Department Restricts Automatic Visa Revalidation Program 3. INS Implements Work Permit Law for Spouses of Intracompany Transferees, Treaty Traders, and Treaty Investors 4. INS Reports on Number of H-1B Visas Issued 5. Possible Delays at Ports of Entry 6. House of Representatives Approves Extension of Section 245(i) 7. The Firm Speaks 8. New Articles on Our Web Site 1. USDA Terminates J-1 Waiver Program for Foreign Physicians Without advance notice, the U.S. Department of Agriculture (USDA) recently terminated its J-1 waiver program to sponsor foreign physicians who agree to work in rural medically underserved areas. The USDA notice announcing the termination of its J-1 waiver program can be found at: http://www.usda.gov/news/releases/2002/03/fsj1visa.htm. The USDA program allowed foreign physicians to remain in the United States after the completion of their medical training if the doctors agreed to work in a rural, medically underserved area within the United States for at least three years. Without the program many medically underserved areas would not have been able to provide adequate healthcare, as many rural areas find it impossible to attract U.S.-born doctors to their region. In the late 1990’s the USDA sponsored over 1,000 J-1 physicians each year for waivers. With the USDA’s termination of the program only state health agencies can sponsor foreign physicians willing to work in medically underserved areas. Each state is only allowed to sponsor 20 physicians each year. Unless the USDA reinstitutes its program or Congress expands the number of foreign physicians each state can sponsor, health care in medically underserved areas of the United States may suffer. Currently, there is a lobbying effort in Congress to expand the number of state-sponsored J-1 waivers for foreign medical graduates from 20 to 40 each year. True, Walsh & Miller is involved in this effort. If you would like to participate in this lobbying effort to improve the quality of health care within the United States, please email our office at mailto:ceg@millermayer.com. We will be able to provide interested individuals and institutions with a more in-depth explanation of the problem and also have model letters you can use and adapt. For an overview of immigration options for foreign medical graduates, see the following article on our web site: http://www.millermayer.com/resources/medical/medical4cont.htm. 2. State Department Restricts Automatic Visa Revalidation Program Beginning April 1, 2002, the State Department will no longer allow two key benefits of its "automatic revalidation of visa" program. The program allows F and J nonimmigrants to reenter the United States after traveling for 30 days or less to Canada, Mexico and certain adjacent islands without needing to obtain a new visa prior to reentry. First, foreign nationals who are citizens of "state sponsors of terrorism" will no longer be eligible to participate in the automatic revalidation of visa program. The U.S. government’s list of states currently sponsoring terrorism includes Iraq, Iran, Syria, Libya, Sudan, North Korea, and Cuba. Second, all nonimmigrants who apply for a new visa in Canada or Mexico will no longer be eligible for automatic visa revalidation during the course of that trip. Rather, individuals who apply for a new visa while outside the United States must wait until their new visas are approved before they can enter the United States. And if the U.S. consulate or embassy in Canada or Mexico denies their visa application, they may have to return to their home country to apply for the visa there instead of being able to return automatically to the United States in the same visa category they had before. Keep these April Fool’s Day changes in mind, and ensure they don’t play tricks on your travel itinerary. 3. INS Implements Work Permit Law for Spouses of Intracompany Transferees, Treaty Traders, and Treaty Investors A new law allows spouses of intracompany transferee (L-1), treaty trader (E-2), and treaty investor (E-2) nonimmigrants to work. To receive work authorization, eligible individuals must submit to the Immigration and Naturalization Service (INS) a completed application for work authorization form, the required filing fee, and proof that he or she is the spouse of an individual in one of the three visa categories listed above. The authorization will be valid for the duration of their spouse’s status or admission into the United States. The spouse can work in any job. Unfortunately, the new law does not authorize children of L-1, E-1, and E-2 nonimmigrants to work. Steve Yale-Loehr has recently co-written an article on this new law and its benefits. The article is on our web site at: http://www.millermayer.com/new/emprights.html. 4. INS Reports on Number of H-1B Visas Issued The INS recently reported that it approved 28,000 H-1B petitions in the first quarter of the fiscal 2002 year (October 1, 2001-September 30, 2002). The INS notice is at: http://www.ins.gov/graphics/publicaffairs/statements/h1bfy2001rel.htm Overall, the law allows the INS to approve 195,000 H-1B petitions this fiscal year. The number of H-1B petitions approved so far this year represents a sizeable decrease in the number of petitions approved during the same quarter last fiscal year. In addition, the INS reports that another 18,000 H-1B petitions are pending. Not all of the pending petitions will ultimately be counted against the 195, 000 limit due to exemptions and denials. Even with the pending petitions, it appears unlikely that the statutory cap will be reached this year. For an overview of the H-1B program, see the following article on our web site: http://www.millermayer.com/resources/nonimmigrant/nonimmigrant2cont.htm 5. Possible Delays at Ports of Entry Since September 11, 2001 all travelers to the United States have had to deal with heightened security and more stringent scrutiny of their travel documents. Anecdotes from clients and other immigration attorneys around the country indicate how drastically the inspection procedures have changed at various ports of entry. For example, B-1 and B-2 visa holders, who have traditionally had easy access in and out of the United States, are reporting a significant increase in the scrutiny placed on their travel documentation if they frequently spend extended amounts of time within the United States. Individuals who, in B-1 or B-2 status, leave the United States close to the end of their six-month maximum stay and then try to quickly reenter the United States on B-1 or B-2 status, may be questioned about the true location of their domiciles. Some B-1 and B-2 visa holders may have their entry denied. All noncitizens need to make sure that the port of entry inspector properly processes their documentation. In some cases port of entry officials are no longer willing to correct INS errors on I-94 or other travel documents. For example, individuals should compare the expiration date of their I-94 cards issued at the port of entry to the date located on their INS approval notice, if they have one. The dates should correspond and any discrepancies in the dates should be addressed immediately, before you leave the inspection area. Failure to do so may result in the individual being out of status sooner then expected and, if it goes undetected, may result in the individual being subject to a 3 or 10-year ban from entry into the United States. For an overview of the problems caused by unlawful presence, see the following article on our web site: http://www.millermayer.com/resources/general26cont.htm. 6. House of Representatives Approves Extension of Section 245(i) After months of inaction, last week the House of Representatives approved an extension of a quasi-amnesty bill known as section 245(i) because of the section of the immigration statute it is found in. The extension would allow eligible individuals to adjust their status within the United States. Under the bill, eligible individuals must have met certain criteria by August 15, 2001. The extension would extend to November 2002. Although many in Congress and the Bush administration view the bill favorably, many immigration restrictionists oppose the extension. It is unclear if or when the Senate will take up action on this bill. For an overview of the prior version of section 245(i), see the following article on our web site: http://www.millermayer.com/resources/general54cont.htm 7. The Firm Speaks On March 20 Steve Yale-Loehr will speak at Binghamton University on visas after graduation. On April 11 Steve will speak at a business immigration law conference in San Jose California on the immigration consequences of terminating or reducing the salaries of H-1B and other nonimmigrants. On April 25 Steve will speak on H-1B issues at an immigration law conference in Washington DC sponsored by the American Bar Association. On June 15 Steve will moderate a panel on H-1B issues at the annual conference of the American Immigration Lawyers Association in San Francisco. Contact Steve at mailto:syl@millermayer.com for more details on any of these talks. In addition, Steve recently testified before Congress criticizing Attorney General John Ashcroft’s recent proposal to reform administrative appeals to the Board of Immigration Appeals (BIA). As a result of his testimony Steve was quoted in the Washington Post, Los Angeles Times, and several other newspapers. Steve’s testimony is at: http://www.house.gov/judiciary/yaleloehr020602.htm 8. New Articles on Our Web Site When H-1B Immigrants Lose their Jobs http://www.millermayer.com/new/h1termination.html College for Undocumented Immigrants after all? http://www.millermayer.com/new/undoc.html Evidence of Source of Capital in Immigrant Investor Cases http://www.millermayer.com/new/investorimm.html Cover Me: The Blanket L-1 Visa Program http://www.millermayer.com/new/blanketl.html Summary of Conrad State-20 Program http://www.millermayer.com/resources/medical/conrad.html Documentation and Travel Tips for Immigrants after September 11 http://www.millermayer.com/new/travel.html _____________________ That's it for this issue. Some of the information in this issue comes from the American Immigration Lawyers Association. Thanks to AILA for allowing us to reprint their information. For answers to any of your immigration questions, contact: Hilary Fraser (mailto:htf@millermayer.com) Rosie Mayer (mailto:rma@millermayer.com), or Steve Yale-Loehr (mailto:syl@millermayer.com). For general information, visit our web site at http://www.millermayer.com/ The usual required legal disclaimers (we ARE attorneys, after all): Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. The information in this newsletter is for general purposes only, and is not intended as legal advice for any particular situation. If legal advice or other expert assistance is required, the services of a competent professional should be sought. To unsubscribe to this newsletter, email mailto:syl@millermayer.com. Copyright (c) 2002 True, Walsh & Miller, LLP. All rights reserved.
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