USCIS Increases Period of Stay for Trade-NAFTA Professionals from Canada and Mexico
October 14, 2008 – U.S. Citizenship and Immigration Services (USCIS) has increased the maximum period of stay for Trade-NAFTA (TN) professional workers from Canada and Mexico from one year to three years. This change eases the administrative burdens and costs on U.S. employers and TN workers.
The TN nonimmigrant classification is a visa category available to citizens of Mexico and Canada with at least a bachelor's degree or appropriate professional credentials who work in certain qualified fields pursuant to the North American Free Trade Agreement (NAFTA). Qualified professions include, but are not limited to, accountants, engineers, attorneys, scientists, architects, pharmacists, and teachers.
Approximately 300 Unauthorized Workers Arrested at a South Carolina Poultry Processing Plant
October 7, 2008 – U.S. Immigration and Customs Enforcement (ICE) agents executed a federal criminal search warrant as part of an ongoing investigation into a South Carolina Poultry Processing Plant's employment practices. This investigation has already resulted in criminal charges against 11 supervisors and one human resources manager. ICE reported that it had arrested approximately 300 unauthorized workers who would be placed in removal proceedings and referred to the U.S. Attorney's Office for criminal prosecution, if applicable.
E-Verify and EB 5 Investors' Immigrant Visa Programs Extended Until March 6, 2009
September 30, 2008 – President Bush signed into law the fiscal year 2009 continuing resolution entitled the "Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009" (H.R. 2638). The bill will extend funding for all government operations through March 6, 2009. The House passed the measure on 09/24/08, and the Senate followed suit on 09/27/08.
The bill includes an extension of the basic pilot/ E-verify program and an extension of the EB-5 regional center pilot program.
E-Verify (formerly known as the Basic Pilot Program) is a web-based voluntary employment verification program, which has received much attention. The Federal Government has proposed a rule requiring all federal government contractors to participate in this program. Arizona requires all employers to participate, while other states have enacted or continue to enact their own legislation.
EB 5 Regional Center Pilot Program allows foreign nationals, who invest at least $500,000 in one of the designated Regional Centers, to apply for Permanent Resident Status ("Green Cards"). As the backlog for other employment-based green card cases grows, the EB 5 programs have received more attention in recent years.
Special Intern Work and Travel Pilot Program for Irish Nationals
September 24, 2008 – The United States and Ireland signed a Memorandum of Understanding on an Intern Work and Travel Pilot Program. The new program will allow thousands of postsecondary students or recent graduates to enter the U.S. for a period up to 12 months to participate in internships. There also will be reciprocal opportunities for U.S. citizens to travel to Ireland. The program is expected to begin in late 2008 or early 2009.
Special Work, English, Travel Program for Korean Nationals
September 22, 2008 – The United States and the Republic of Korea signed a Memorandum of Understanding on the WEST (Work, English Study, Travel) Program and other reciprocal exchange opportunities. Expected to begin in 2009, this program will allow up to 5,000 university students and recent graduates to enter the U.S. for a period of 18 months to participate in internships, study English, and travel independently. Participants must devote at least 450 classroom hours to structured English language training and coursework focusing on American business practices and procedures. There will be reciprocal opportunities for U.S. citizens to travel to the Republic of Korea.
ICE Raid in Restaurants and Homes in California Results in an Arrest of 21 Unauthorized Workers
September 18, 2008 – U.S. Immigration and Customs Enforcement (ICE) announced that its agents gathered criminal evidence and arrested 21 unauthorized workers at two restaurants— the King's Buffet in Vacaville, CA, and the Empire Buffet in Vallejo, CA—and homes linked to the businesses' owners. A second outlet of the Empire Buffet in San Pablo, CA is under scrutiny but was not searched.
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