WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced it cannot approve a Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, filed on behalf of a child to be adopted from Vietnam. The Department of State (DOS) has determined that Vietnam has not proven capable of meeting its obligations under The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). As a result, DOS consular officers cannot issue the required Hague Adoption Certificate or Hague Custody Declaration. 

USCIS can only approve a Form I-800 in a Hague Convention adoptee case after DOS has issued a certification of compliance under the Hague Adoption Convention and the Intercountry Adoption Act of 2000. At this time, DOS cannot issue certificates in Vietnamese adoption cases. Until further notice, USCIS will not be able to approve any Form I-800 that is filed on behalf of a child to be adopted from Vietnam. Because U.S. prospective adoptive parents cannot complete the immigration process for an adopted child from Vietnam, USCIS strongly urges parents to not file any Form I-800 on behalf of a child to be adopted from Vietnam. USCIS also strongly urges them not to file Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, identifying Vietnam as the country from which they seek to adopt.

The Hague Adoption Convention, which entered into force for the U.S. on April 1, 2008, protects the welfare of children, birth parent(s) and adoptive parent(s) engaged in intercountry adoptions. Effective April 1, 2008, new intercountry adoptions between the United States and other Hague Convention countries must comply with Hague Adoption Convention standards. Vietnam also ratified the Hague Adoption Convention and the Convention entered into force for Vietnam on Feb. 1, 2012. In the U.S., Hague Convention adoptions are processed on USCIS Forms I-800A and I-800.

Before the U.S. and Vietnam ratified the Hague Adoption Convention, Vietnamese intercountry adoption cases were processed on USCIS Forms I-600A, Application for Advance Processing of Orphan Petition, and I-600, Petition to Classify Orphan as an Immediate Relative. These intercountry adoptions took place under a bilateral agreement between the U.S. and Vietnam that expired Sept. 1, 2008. On Oct. 16, 2008, USCIS announced the U.S. and Vietnam would not resume new adoption cases until both countries signed either a new bilateral agreement or Vietnam acceded to and complied with the Hague Adoption Convention. See the Oct. 16, 2008, USCIS Update and Frequently Asked Questions for more information.

USCIS will promptly advise the public when DOS determines Vietnam can meet its obligations to the Hague Adoption Convention, which will allow USCIS to process Forms I-800 for adoptions from Vietnam.

For more information on USCIS and its programs, please visit www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.

Capitalizing on Visa Demand to Spur Economic Growth in the United States

Today the White House unveiled new initiatives to promote the United States as a premier destination for international travelers by making our processes for moving people and goods more secure and more efficient. In a manner consistent with our high responsibility to protect America’s borders, the Department of State has taken steps to improve the visa process for all legitimate travelers who wish to visit our great nation. Travel and tourism strengthens the U.S. economy by creating jobs in communities across the United States.

The Department of State has devoted significant resources to increase efficiency and capacity in the visa process, deploying additional personnel, expanding visa sections, and utilizing new systems and technologies to facilitate legitimate travel without compromising national security. These advances allowed the Department of State to issue more than 7.5 million visas in the last fiscal year, a 17% year-on-year increase.

Increasing Visa Processing Capacity in Key Growth Markets

The Department of State adjudicated more than a million visa applications in China and more than 800,000 in Brazil in the last fiscal year. These visas brought visitors and spending to the United States. The President announced goals of increasing visa processing capacity in China and Brazil by 40% in the coming year.

Already in the first quarter of fiscal year 2012, we have processed 50% more visas in China and Brazil as compared to the same period in 2011. At the same time, we dramatically decreased the wait for visa interviews in these countries.

The President has asked the Administration to develop a plan to ensure that 80% of visa applicants are interviewed within three weeks of requesting an appointment, as security and resource considerations permit. Short wait times around the world will maximize the number of visitors who have an opportunity to visit the United States. Currently, wait times at all five visa processing posts in China are less than ten days. Wait times in Brazil continue to drop, currently down to 15 days in Rio de Janeiro and 20 in Brasilia.

Increasing Efforts to Expand the Visa Waiver Program

The President has ordered increased efforts to expand membership of qualified countries the Visa Waiver Program. Currently, more than 60% of international visitors do not require a U.S. visa, in most cases because they are from countries that participate in the Visa Waiver Program. The Department of Homeland Security administers the Visa Waiver Program, which enables eligible citizens of certain countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa.

Since November 2008, the Department of Homeland Security has added nine countries to the program. Last month, Secretary Clinton sent a letter to Secretary Napolitano nominating Taiwan for inclusion in the Visa Waiver Program, marking a first step in the admission process.

All 36 of the current participating countries share law enforcement and security-related information with the United States and are also required to maintain high counterterrorism, law enforcement, border control, and document security standards. As a result, the Visa Waiver Program facilitates international travel for millions of foreign nationals seeking to visit the United States each year, creating substantial economic benefits to the United States without jeopardizing national security.

Further Steps to Facilitate Travel

Today the President also announced that the Departments of State and Homeland Security are working together to improve and speed up the visa process for certain categories of travelers.

Under a new initiative, in select circumstances, qualified foreign visitors who were interviewed and thoroughly screened in conjunction with a prior visa application may be able to renew their visas without undergoing another interview. Eliminating interviews for these applicants will save them time and money and encourage them to choose the United States again as their tourism destination. More information is available in our FACT SHEET: Visa Pilot Program.

Posted on January 20, 2012 by the Bureau of Consular Affairs.

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This rule adopts as final the interim final rule published in the Federal Register on June 28, 2010 (Public Notice 7068). Specifically, the rule made changes to the Schedule of Fees for Consular Services (Schedule) for a number of different fees. This rulemaking adopts as final the changes to these fees.

Please check the attachment to see the consular fees.

DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice:]          

Visas: Issuance of Full Validity L Visas to Qualified Applicants

AGENCY:     State Department.

ACTION:       Final Rule.

SUMMARY:This rule permits the issuance of L visas with validity periods based on the visa reciprocity schedule; whereas the current rule limits L visas to the petition validity period, which is determined by the Department of Homeland Security.   

DATES:  This rule is effective [insert date of publication in the Federal Register]. 

FOR FURTHER INFORMATION CONTACT:Lauren A. Prosnik, Legislation and Regulations Division, Visa Services, Department of State, 2401 E Street, N.W., Room L-603D, Washington, D.C. 20520-0106, (202) 663-1260.

SUPPLEMENTARY INFORMATION:

Why is the Department promulgating this rule?

Current Department regulations require that L visa duration be limited to the validity period of the petition, which, under Department of Homeland Security (DHS) regulations, cannot exceed three years.  Petitioners may apply to U.S. Citizenship and Immigration Services (USCIS) for extension of petition validity in increments of up to two years, but the total period of stay may not exceed five years for aliens employed in a specialized knowledge capacity or seven years for aliens employed in a managerial or executive capacity.  The Department is changing this regulation to delink visa and petition validity periods, as currently required by 22 CFR 41.54(c), “Validity of visa”.  As a result, L visa validity will be governed by 22 CFR 41.112, which provides that, except as provided in paragraphs (c) and (d) of that section, a nonimmigrant visa shall have the validity prescribed in schedules provided to consular officers by the Department, which reflect the reciprocal treatment the applicant’s country accords U.S. nationals, U.S. permanent residents or aliens granted refugee status in the United States.  The change would benefit beneficiaries of petitions for L status who are nationals of countries for which the reciprocity schedule prescribes visa validity for a longer period of time than the initial validity indicated in the petition approved by DHS and who have extended their L stay while in the United States.  Subject to 22 CFR 41.112(c), such individuals generally would not need to again apply for an L visa at a U.S. Embassy or Consulate overseas if they were to travel outside the United States during the period indicated in the applicable reciprocity schedule, as is currently required when petition validity has been extended.  Under 8 CFR 214.2(l)(11), an alien may apply for admission in L status only while the individual or blanket petition is valid.

REGULATORY FINDINGS:

Administrative Procedure Act

This regulation involves a foreign affairs function of the United States and, therefore, in accordance with 5 U.S.C. § 553(a)(1), is not subject to the rule making procedures set forth at 5 U.S.C. 553.

Regulatory Flexibility Act/Executive Order 13272: Small Business.

Because this final rule is exempt from notice and comment rulemaking under 5 U.S.C. § 553, it is exempt from the regulatory flexibility analysis requirements set forth at sections 603 and 604 of the Regulatory Flexibility Act (5 U.S.C. §§ 603 and 604).  Nonetheless, consistent with section 605(b) of the Regulatory Flexibility Act (5 U.S.C. § 605(b)), the Department certifies that this rule will not have a significant economic impact on a substantial number of small entities.  This regulates individual aliens applying for visas under INA § 101(A)(15)(L) and does not affect any small entities, as defined in 5 U.S.C. § 601(6). 

Unfunded Mandates Reform Act of 1995

Section 202 of the Unfunded Mandates Reform Act of 1995, Pub. L. 104-4, 109 Stat. 48, 2 U.S.C. § 1532, generally requires agencies to prepare a statement before proposing any rule that may result in an annual expenditure of $100 million or more by State, local, or tribal governments, or by the private sector.  This rule will not result in any such expenditure, nor will it significantly or uniquely affect small governments. 

 Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined by 5 U.S.C. § 804, for purposes of congressional review of agency rulemaking under the Small Business Regulatory Enforcement Fairness Act of 1996, Pub. L. 104-121.  This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign-based companies in domestic and import markets.

Executive Order 12866

The Department of State has reviewed this proposed rule to ensure its consistency with the regulatory philosophy and principles set forth in Executive Order 12866 and has determined that the benefits of this final regulation justify its costs.  The Department does not consider this final rule to be an economically significant action within the scope of section 3(f)(1) of the Executive Order since it is not likely to have an annual effect on the economy of $100 million or more or to adversely affect in a material way the economy, a sector of the economy, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities.

Executive Orders 12372 and 13132: Federalism

This regulation will not have substantial direct effects on the States, on the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government.  Nor will the rule have federalism implications warranting the application of Executive Orders No. 12372 and No. 13132.

Executive Order 12988: Civil Justice Reform

      The Department has reviewed the regulations in light of sections 3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden.

Executive Order 13563: Improving Regulation and Regulatory Review

      The Department has considered this rule in light of Executive Order 13563, dated January 18, 2011, and affirms that this regulation is consistent with the guidance therein.   

Paperwork Reduction Act

This rule does not impose information collection requirements under the provisions of the Paperwork Reduction Act, 44 U.S.C. Chapter 35.

LIST OF SUBJECTS in 22 CFR Part 41

Documentation of Nonimmigrants.

     For the reasons stated in the preamble, the Department of State amends 22 CFR

Part 41 to read as follows:

PART 41-[AMENDED]

1. The authority citation for Part 41 will continue to read as follows:

    Authority: 8 U.S.C. § 1104.

2. Section 41.54 is amended to read as follows:

§ 41.54  Intra-company transferees (executives, managers, and specialized knowledge employees)

(a) Requirements for L classification.  An alien shall be classifiable under the provisions of INA § 101(a)(15)(L) if:

(1) The consular officer is satisfied that the alien qualifies under that section; and either

(2) In the case of an individual petition, the consular officer has received official evidence of the approval by DHS of a petition to accord such classification or of the extension by DHS of the period of authorized stay in such classification; or

(3) In the case of a blanket petition,

(i) the alien has presented to the consular officer official evidence of the approval by DHS of a blanket petition listing only those intra-company relationships and positions found to qualify under INA § 101(a)(15)(L);

(ii) the alien is otherwise eligible for L-1 classification pursuant to the blanket petition; and,

(iii) the alien requests that he or she be accorded such classification for the purpose of being transferred to, or remaining in, qualifying positions identified in such blanket petition; or

(4) The consular officer is satisfied the alien is the spouse or child of an alien so classified and is accompanying or following to join the principal alien.

(b) Petition approval.  The approval of a petition by DHS does not establish that the alien is eligible to receive a nonimmigrant visa.

 (c) Alien not entitled to L-1 classification under individual petition.  The consular officer must suspend action on the alien's application and submit a report to the approving DHS office if the consular officer knows or has reason to believe that an alien applying for a visa as the beneficiary of an approved individual petition under INA § 101(a)(15)(L) is not entitled to such classification as approved.

(d) Labor disputes.  Citizens of Canada or Mexico shall not be entitled to classification under this section if the Secretary of Homeland Security and the Secretary of Labor have certified that:

(1) There is in progress a strike or lockout in the course of a labor dispute in the occupational classification at the place or intended place of employment; and,

(2) The alien has failed to establish that the alien's entry will not affect adversely the settlement of the strike or lockout or the employment of any person who is involved in the strike or lockout.

(e) Alien not entitled to L-1 classification under blanket petition.  The consular officer shall deny L classification based on a blanket petition if the documentation presented by the alien claiming to be a beneficiary thereof does not establish to the satisfaction of the consular officer that

(1) The alien has been continuously employed by the same employer, an affiliate or a subsidiary thereof, for one year within the three years immediately preceding the application for the L visa;

(2) The alien was rendering services in a capacity that is managerial, executive, or involves specialized knowledge throughout that year; or

(3) The alien is destined to render services in such a capacity, as identified in the petition and in an organization listed in the petition.

(f) Former exchange visitor.  Former exchange visitors who are subject to the two-year foreign residence requirement of INA § 212(e) are ineligible to apply for visas under INA § 101(a)(15)(L) until they have fulfilled the residence requirement or obtained a waiver of the requirement.

 (Date)           

 Janice L. Jacobs,

Assistant Secretary for Consular Affairs, 

Department of State

DHS Reforms To Attract And Retain Highly Skilled Immigrants

Release Date: January 31, 2012

The President is deeply committed to fixing our broken immigration system so that it meets our 21^st century national security and economic needs. As a part of comprehensive immigration reform, the President supports legislative measures that would attract and retain immigrants who create jobs and boost competitiveness here in the U.S., including creating a "Startup Visa," strengthening the H-1B program, and "stapling" green cards to the diplomas of certain foreign-born graduates in science, technology, engineering, and math (STEM) fields. Together these actions would help attract new businesses and new investment to the U.S. and ensure that the U.S. has the most skilled workforce in the world. In the meantime, the Obama Administration is working to make improvements in the areas where we can make a difference.

As part of these ongoing efforts and in recognition of the one-year anniversary of the White House Startup America Initiative, the Department of Homeland Security today announced a series of administrative reforms which will be completed in the future. These reforms reflect the Administration's continuing commitment to attracting and retaining highly-skilled immigrants. These efforts are critical to continuing our economic recovery and encouraging job creation.

In last week's State of the Union, President Obama noted that "Innovation is what America has always been about. Most new jobs are created in start-ups and small businesses." He also stated in his remarks in El Paso last May, "In recent years, a full 25 percent of high-tech startups in the United States were founded by immigrants, leading to more than 200,000 jobs in America." Echoing this, the President's Council on Jobs and Competitiveness stated in its recent report, "Highly skilled immigrants create jobs, they donÕt take jobs." The initiatives described below will serve to make the United States more attractive to highly-skilled foreign students and workers, thereby improving the competitiveness of U.S. companies in the world market and stimulating U.S. job creation.

• Expand eligibility for 17-month extension of optional practical training (OPT) for F-1 international students to include students with a prior degree in Science, Technology, Engineering and Mathematics (STEM).

• Presently, an F-1 student may only engage in optional practical training (OPT) for 12 months. F-1 students who graduate in programs of study classified as STEM can obtain a 17-month extension of OPT as part of their F-1 status if the degree they were conferred is included on the DHS list of eligible STEM degree programs. This proposed change would expand eligibility for extension of OPT by including students with a STEM degree that is not the most recent degree the student has received. Furthermore, because of the dynamic nature of STEM related education and training, DHS will continue to review emerging fields for possible inclusion in the list of eligible STEM degree programs.

• Allow for additional part-time study for spouses of F-1 students and expand the number of Designated School Officials (DSOs) at schools certified by DHS to enroll international students.

• This regulatory reform would allow spouses of F-1 students to enroll in additional academic classes on a part-time basis while their spouse is pursuing full-time studies. Presently, under the current regulation, spouses may only take part-time vocational or recreational classes. Schools would also be given increased flexibility to determine the number of DSOs needed at their institution to meet both the administrative and guidance needs of students.

• Provide work authorization for spouses of certain H-1B holders.

• This proposed change to the current DHS regulation would allow certain spouses of H-1B visa holders to legally work while their visa holder spouse waits for his or her adjustment of status application to be adjudicated. Specifically, employment will be authorized for H-4 dependent spouses of principal H-1B visa holders who have begun the process of seeking lawful permanent resident status through employment after meeting a minimum period of H-1B status in the U.S. This effort will help retain talented professionals who are valued by U.S. employers and who seek to contribute to our economy.

• Allow outstanding professors and researchers to present a broader scope of evidence of academic achievement.

• This proposed change to the current DHS regulation would increase the types of evidence that employers can submit to demonstrate that a professor or researcher is among the very best in their field. Presently, applicants for the employment-based immigrant visa category of "outstanding professors and researchers" are limited to specific types of evidence listed by regulation. This would allow "comparable evidence" beyond the specifically articulated regulatory list. This change will harmonize the evidentiary standard for this category with the other exceptional ability immigrant visa categories.

• Harmonize rules to allow E-3 visa holders from Australia and H-1B1 visa holders from Singapore and Chile to continue working with their current employer for up to 240 days while their petitions for extension of status are pending.

• This proposed regulation would treat E-3 and H-1B1 visa holders the same as other employment-based H-1B and L-1 visa holders by allowing them to continue employment with their current employer for up to 240 days from the expiration of their authorized period of stay, if a petition to extend their status has been timely filed.

• Launch Entrepreneurs in Residence initiative

• On February 22, 2012, USCIS will launch its Entrepreneurs in Residence initiative with an Information Summit in Silicon Valley, CA, that will bring together high-level representatives from the entrepreneurial community, academia, and federal government agencies to discuss how to maximize current immigration laws' potential to attract foreign entrepreneurial talent. The Entrepreneurs in Residence initiative builds upon DHS's August announcement of efforts to promote startup enterprises and spur job creation. The Information Summit will focus on ensuring that immigration pathways for foreign entrepreneurs are clear and consistent, and better reflect today's business realities. The Summit will include a special recognition of outstanding contributions made by immigrant entrepreneurs to our nation's economic growth and prosperity. The input gathered at the summit will inform the work of the Entrepreneurs in Residence tactical team, which will bring business experts in-house to work alongside USCIS staff for a period of approximately 90 days. Following the summit, the tactical team will convene in Washington, DC to begin its work. To learn more about the summit, please visit Entrepreneurs in Residence Information Summit.

The H-2B Program

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.
For more information about the H-2B program, see the link to the left under "H-2B Non-Agricultural Workers."

What is the H-2B Cap?

There is a statutory numerical limit, or "cap," on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year.   Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year.  There is no "carry over" of unused H-2B numbers from one fiscal year to the next.

Persons who are exempt from the H-2B cap

Generally, an H-2B worker who extends his/her stay in H-2B status will not be counted again against the H-2B cap.  Similarly, the spouse and children of H-2B workers classified as H-4 nonimmigrants are not counted against this cap.   Additionally petitions for the following types of workers are exempt the H-2B cap

·         Fish roe processors, fish roe technicians and/or supervisors of fish roe processing

·         From November 28, 2009 until December 31, 2014, workers performing labor or services in the Commonwealth of Northern Mariana Islands (CNMI) and/or Guam.

Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt from the H-2B cap. 

 
Fiscal Year 2011 H-2B Cap Count

As USCIS receives H-2B petitions for fiscal year 2011, the below chart will be regularly updated.

Fiscal Year 2012 H-2B Cap Count

As USCIS receives H-2B petitions for fiscal year 2012, the below chart will be regularly updated

¹   Refers to the estimated number of beneficiaries needed to be included on petitions filed with USCIS to reach the H-2B cap, with an allowance for withdrawals, denials and revocations.  This number will always be higher than the actual cap.

² As noted, if the cap is not reached for the 1st half of the fiscal year, those numbers will be made available for use during the 2nd half of the fiscal year.  In some fiscal years, therefore, depending on demand for H-2B workers, more than 33,000 cap-subject persons may be granted H-2B status during the 2nd half of the fiscal year.