- within Employment and HR topic(s)
- with readers working within the Construction & Engineering industries
New Electronic System for Travel Authorization Fee for Visa Waiver Program Travelers Takes Effect September 8
Aug 25, 2010: The Department of State (DOS) has just posted a
cable providing clarification on the Travel Promotion Act of 2009
(TPA), a new rule that would require travelers from Visa Waiver
Program countries to pay operational and travel promotion fees when
applying for the Electronic System for Travel Authorization (ESTA).
The interim final rule, which goes into effect September 8, 2010,
will include these fees in the ESTA program, which total $14. The
fees, matched by private sector contributions, will be used to fund
the Corporation for Travel Promotion.
Payment of the new $14 fee is required through credit or debit card
payments. The ESTA form that is currently in use provides detailed
information to aid in the payment process.
The goal of the TPA is to attract international visitors to the
United States. DOS will work with the Corporation for Travel
Promotion to provide comprehensive and up-to-date information to
international visitors about travel documents and various
requirements for entry into the United States.
Utah Legislator Introduces Restrictive Immigration Enforcement Legislation
Aug 21, 2010: A conservative Utah state legislator has proposed
a new restrictive immigration regulation similar to
Arizona's controversial immigration enforcement bill. The
bill, introduced by State Rep. Stephen Sandstrom (R), had its first
hearing this week and contains a number of provisions similar to
those in the Arizona legislation that were blocked by a federal
judge earlier this month.
Included in Sandstrom's bill is the requirement that
police, when stopping individuals for other violations, question
people's immigration status if they have reasonable
suspicion that the person is in the U.S. illegally.
A group of Utah legislators had traveled to Arizona this summer to
obtain guidance on how to draft such a law. Similar groups from
Tennessee and Colorado have also recently traveled to Arizona for
the same purpose.
USCIS Posts Reminder to Eligible El Salvadoran Nationals to Re-Register for Temporary Protected Status
Augr 18, 2010: USCIS has posted a reminder to nationals of El
Salvador, as well as people with no nationality who last habitually
lived in El Salvador, who have Temporary Protected Status (TPS), to
file their re-registration applications for this status before the
re-registration period ends on September 7, 2010. The 18-month
extension of this status for El Salvadorans will be effective until
March 9, 2010.
USCIS notes that people who have previously received TPS must now
re-register for this status during this re-registration period. If
you do not re-register during this period (without a good reason),
your TPS benefits will be withdrawn. This includes employment
authorization and protection from removal from the U.S.
To re-register, a TPS beneficiary should file both the Application
for Temporary Protected Status on Form I-821 and the Application
for Employment Authorization on Form I-765, with the required fees
(or fee waiver request). If you are not requesting employment
authorization or an extension of employment authorization, Form
I-765 is still required, but the accompanying fee is not
required.
New DHS Rule Extends Employment Authorization for Dependents of Foreign Officials
Aug 12, 2010: In the August 9 Federal Register, the Department
of Homeland Security (DHS) amended regulations regarding employment
authorization for dependents of foreign officials (those classified
as A-1, A-2, G-1, G-3 and G-4 nonimmigrants). The new final rule
will expand the list of dependents who are eligible to work in the
U.S. from spouses, children and qualifying sons and daughters of A
& G foreign officials to additional include any foreign
family member who is categorized by the Department of State as
qualifying.
This change to regulations will give the Department of State more
flexibility when they are entering into agreements with other
nations and those agreements include provisions to extend
employment authorization to immediate family members of foreign
officials.
This rule became effective on August 9, 2010
DOS Publishes Final Rule Related to Exchange Visitor Program
Aug 11, 2010: In the August 11 Federal Register, the Department
of State (DOS) published a final rule related to the Exchange
Visitor Program. In June of 2007, DOS had published an interim
final rule that would amend portions of the Exchange Visitor
Program that related to trainees and interns. The interim rule
would remove the distinction between "non-specialty
occupations" and "specialty
occupations," establish a new internship program and amend
the selection criteria for participation in a training
program.
This final rule includes some changes to the interim final rule,
including the permission to use telephone interviews to screen
potential participants for eligibility in a training program,
removing the requirement that sponsors obtain a Dun &
Bradstreet report of companies for whom participants would be
placed. The final rule also clarifies regulations related to
verification of Worker's Compensation coverage for
participants and the use of an Employer Identification Number (EIN)
to find out if a third-party training host organization is a viable
business entity. Additionally, the final rule clarifies that
trainees and interns may repeat training and internship programs,
in certain cases.
This final rule will be effective September 10, 2010
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
