Legal Issues Impacting Your Business
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Below is an update on recent news and developments in immigration law. If you would like to be removed from our list, please let us know.
TNs for Three Years Instead of One
The Department of Homeland Security (DHS) announced last week that TNs (entries of Canadian and Mexican workers under NAFTA) will be granted in increments of 3 years instead of one. The change will be effective for both new TNs and extensions of stay. No change has been made to the list of eligible occupations (which is more limited than H-1Bs in most respects). Also, the TN does not have "dual intent" as does the H or L visa, and thus care must be taken regarding timing and travel if the TN holder is seeking permanent residence in the U.S.
If you are considering hiring someone from Canada or Mexico, the TN should be considered. Please let us know if we can assist in assessing TN eligibility.
Conrad 30, Religious Workers, EB-5 Regional Centers and E-Verify Programs Extended
These programs all have "sunsets" in their authorizing legislation and were set to expire on September 30. Congress managed to extend all four before adjourning for the election, although for a limited time (to March 2009). We expect that longer-term extensions will be made in the new Congress.
Certain Religious Worker Category Becomes "Unavailable"
Although the category was extended, visas are no longer available (at least for November) for immigrant religious workers who are not ministers. The law allowing immigration of religious workers is divided between "ministers" (those who are ordained and performing ministerial functions) and those who are not ordained but perform other types of religious work.
Although I-360 Petitions may be filed, the "adjustment of status" application for a "certain religious worker" and dependents may not be filed until visas again become available. Those with adjustment of status applications pending will be able to await visas in the U.S. and receive work and travel permission as appropriate.
We will watch the news for further updates on this situation.
Diversity Visa Lottery Applications Being Accepted
If your country is on the DV list, you may make application for the DV lottery for permanent residence until December 1. Go to http://travel.state.gov/visa/immigrants/types/types_1318.html for instructions.
Temporary Protected Status Extended for Nicaraguans, Hondurans, and Salvadorans
Only the October 17, 2007, version of the Application for Temporary Protected Status (Form I-821) and the May 27, 2008, or later version of the Application for Employment Authorization (Form I-765) will be accepted. USCIS will reject all applications using previous editions.
Forum to Explore Global Migration
The Iowa Council for International Understanding will host a forum on Global Migration on Wednesday, Nov. 5 at 7PM in Parents Hall at Drake's Olmstead Center. This forum is free and open to the public, and will put the phenomenon of global migration into historical and current perspective, as well as look to the future, particularly in light of the current global financial situation.
A Symposium to delve more deeply into global migration considerations for business will be held the following day (Nov. 6) at Pioneer's Carver Center in Johnston from 8AM to 2PM. Registration is $50 and lunch is included.
Co-sponsors of the event are Kemin, Pioneer, Greater Des Moines Partnership and Drake Center for Global Leadership.
Please see the attached flyer and go to www.iciu.org for more details. These programs provide an excellent opportunity for learning more about a critical issue of our times.
Lori Chesser
Immigration Department Chair
