GTHOMAS
Sat, Aug 18, 2018

Here you will find my editorials concerning immigration law.

Priority Workers Employment-based ‘EB1 Category’

Can a person of extraordinary ability to obtain legal status in the United States without an offer of employment?

A person with extraordinary ability in sciences, arts, education, business or athletics may enter the United States and obtain legal status under EB1 category. However, the person must demonstrate that he sustained national or international acclaim and his achievement has been recognized in the field. The legislative history indicates among other things, that this category is intended to be “for the small percentage of individuals who have risen to the very top of their field of endeavor.”

Read more: Priority Workers Employment-based ‘EB1 Category’

Immigrant Religious Workers can Obtain Green Cards without Filing for Labor Certifications

The labor certification is a time-consuming process which takes up to years in certain scenarios, for it to be approved and certified. However, in limited cases under the immigration laws, an alien may go around the labor certification and file his immigrant worker petition with the Immigration & Naturalization Service (INS).

An immigrant religious worker petition may be filed by or for an alien (who is either abroad or in the United States) immediately with the INS without resorting to the tedious and time consuming labor certification process.

Read more: Immigrant Religious Workers can Obtain Green Cards without Filing for Labor Certifications

New Developments Under Family Sponsor Immigration Act of 2001

The House Subcommittee on Immigration, under the new leadership of Rep. George Gekas (R-PA), has passed a steady stream of pro-immigrant legislation. One of these bills is H.R. 1892, the Family Sponsor Immigration Act of 2001, which passed unanimously on June 26, 2001.

This bill would allow immigrants to use another sponsor on their affidavit of support if their original U.S. Sponsor dies while they are waiting for a green card. This would allow another family member to stand in for the deceased sponsor and sign the affidavit.

The new legislation is correcting a problem that was created by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA). Under that law, an applicant for permanent residency must have the affidavit of support signed by the family member who petitioned for him. If the petitioner dies during the process, the Attorney General can allow an immigrant to go forward with their application for humanitarian or family unification reasons.

Read more: New Developments Under Family Sponsor Immigration Act of 2001

INS Issues New “T” Nonimmigrant Visa for Victims of Trafficking

THE Immigration and Naturalization Service (“INS”) has issued a T nonimmigrant visa to provide temporary immigration benefits to aliens who are victims of severe forms of trafficking in persons, and to their immediate family members, as deemed appropriate.

To qualify for T-1 nonimmigrant status, an applicant must demonstrate that he or she 1) is physically present in the United Sates, American Samoa or the Northern Mariana Islands as a result of trafficking; 2) is a victim of a severe form of trafficking in persons; 3) would suffer extreme hardship involving unusual and severe harm upon removal, and has complied with any reasonable request for assistance in the investigation and prosecution of acts of trafficking in persons, unless the applicant is less than fifteen (15) years old.

Read more: INS Issues New “T” Nonimmigrant Visa for Victims of Trafficking

CA New RN/Patient Ratio Plan Means Demand for RNs will Grow

CALIFORNIA will become the first state in the nation to limit the number of hospital patients assigned to each nurse under regulations proposed by Governor Gray Davis.

The new rules ultimately would prohibit hospitals from assigning a nurse to more than five patients in a large hospital units devoted to patients recovering from surgery and serious illnesses. That’s half the number typically assigned in many facilities, and half what the hospital industry has proposed.

The proposed standards also limit emergency rooms to one trauma pediatric nurse to four children and one obstetrics nurse to two mothers. This means “several thousand new nurses must be employed to meet these requirements.”

The department of Labor has determined that there are some job occupations in which there is a chronic shortage of workers, one of which is nursing. Nurses who had passed the Commission on Graduates of Foreign Nursing Schools (CGFNS) examination or possess an unrestricted license to practice nursing in the state in which they intend to work are eligible to seek a Schedule A Labor certification.

Read more: CA New RN/Patient Ratio Plan Means Demand for RNs will Grow

Atty General Proposal to Seriously Impact Political Asylum Seekers

ATTORNEY General John Ashcroft has signed off on a proposed rule that would make procedural reforms at the Board of Immigration Appeals (BIA), including cutting the number of Board members from the current 19 down to 11.

The proposed reforms are intended to accomplish five objectives. These include: eliminating the backlog of approximately 55,000 cases currently pending before the Board; eliminating delays in the adjudication of administrative appeals; using the Executive office for Immigration Review’s (EOIR) resources more efficiently; focusing the Board’s resources on those case that present disputed legal questions; and enhancing the quality of BIA decisions.

Read more: Atty General Proposal to Seriously Impact Political Asylum Seekers

Helpful U.S. Immigration Links

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Here you will find many helpful links to the U.S. Department of Homeland Security Citizenship & Immigration Services.