Visa Waiver Expanded–More Travelers Can Enter U.S. Without A Visa

The U.S. government recently expanded the Visa Waiver Program to include the Czech Republic, Estonia, Latvia, Lithuania, Hungary, the Republic of Korea and the Slovak Republic.  Soon (but not yet) citizens of these countries will be able to visit the U.S. for up to 90 days without a visa.

The United States must still complete certain internal steps required by statute before it can complete VWP expansion.

Nationals of the Czech Republic, Estonia, Latvia, Lithuania, Hungary, the Republic of Korea and the Slovak Republic continue to require visas to travel to the United States during that period.

Nationals of these countries are expected to be able to travel without obtaining a visa beginning in mid- November 2008 AS LONG AS they have a biometric passport and register on-line through the Electronic System for Travel Authorization (ESTA).

The Department of Homeland Security (DHS) announces implementation of the Electronic System for Travel Authorization (ESTA), which began to accept voluntary ESTA applications starting on August 1, 2008. ESTA is a new fully automated, electronic system for screening passengers before they begin travel to the United States under the Visa Waiver Program. ESTA applications may be submitted at any time prior to travel to the United States, and VWP travelers are encouraged to apply for authorization as soon as they begin to plan a trip to the United States. It is anticipated that ESTA will become mandatory for VWP travelers from current VWP member countries on January 12, 2009 and for VWP travelers from newly admitted VWP countries in mid-November 2008. Learn more about ESTA on the DHS Customs and Border Protection (CBP) website.

Visa Waiver Expanded–More Travelers Can Enter U.S. Without A Visa

USCIS INCREASES PERIOD OF STAY FOR TRADE-NAFTA

This press release from the USCIS announces the good news for TN workers from Canada or Mexico:

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) has increased the maximum period of time a Trade-NAFTA (TN) professional worker from Canada or Mexico may remain in the United States before seeking readmission or obtaining an extension of stay.

This final rule changes the initial period of admission for TN workers from one to three years, making it equal to the initial period
of admission given to H-1B professional workers.

Eligible TN nonimmigrants may now be allowed to receive extensions of stay in increments of up to three years instead of the prior maximum period of stay of one year.

The TN nonimmigrant classification is visa category available to eligible Mexicans and Canadians 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 identified within NAFTA include, but are not limited to, accountants, engineers, attorneys, pharmacists, scientists, and teachers.

This final rule will ease administrative burdens and costs on TN workers. It will also benefit U.S. employers by increasing the amount of time TN nonimmigrants will be able to work for them before having to seek an extension of status.

Spouses and unmarried minor children of TN nonimmigrants in their corresponding nonimmigrant classifications will also benefit from the new regulation.

This improvement to the TN nonimmigrant category was initially announced by Homeland Security Secretary Michael Chertoff and Department of Commerce Secretary Carlos Gutierrez on Aug. 10,
2007. The effort is one of the 26 initiatives identified by President Bush’s Administration to address current immigration challenges using the tools and authorities available under existing law.

For more information on the TN nonimmigrant visa program or to view the final rule, visit the USCIS Web site or call the National Customer Service Center at (800) 375-5283. –USCIS –

Expect Delays in Issuance and Renewal of Employment Authorization Documents

People who have filed a green card application and are in the process of adjusting their status to permanent resident are eligible for temporary employment authorization documents (EAD cards).

There was a huge surge in green card applications in the summer of 2007 and the government issued 1 year EAD cards that are expiring now.

As a result, the government now has over 230,000 new and renewal EAD applications pending and has fallen behind in the issuance of EAD cards.

EAD applicants have to know that:

1. Processing of new EAD cards will likely take over 90 days

2. At this time, interim EAD cards may be delayed even if the application has been pending more than 90 days.

3. Applicants still cannot apply for EAD card renewal more than 4 months before the EAD card expires

4. Applicants are not permitted to work after the old EAD card expires and before a new EAD card is issued. If they continue to work they would be working without authorization. The government might refuse to approve the adjustment of status application.

This makes a very bad situation for the applicants, but there is not much that we can do other than make an appointment for the applicant at the local office to try to get an interim EAD card once the application has been pending more than 90 days.

Calling USCIS has not been much help, by the way. Applicants are finding they get a different answer each time they call.

My advice if you have an EAD card and need to renew it is to apply as early as possible–four months before the expiration date.