U.S. Citizenship and Immigration Services (USCIS) has announced that a list of 58 eligible countries will be able to participate in the H-2A and H-2B program in the forthcoming year. This eligibility list is valid for a period of one year and will be published in the Federal Register.

The list of countries has been finalized by the Department of Homeland Security (DHS) in consultation with the Department of State (DOS). USCIS may only approve H-2A and H-2B visas for participants from the eligible countries. USCIS may approve visas for participants from non-eligible countries if they find it to be in the interest of the U.S.

U.S. employers can bring temporary employees to the U.S. to fill agricultural jobs under the H-2A program and non-agricultural jobs under the H-2B program. These temporary employees need to be nationals of the countries listed in the Federal Register. The eligibility list comes into effect from January 18, 2012 and is valid for one year.

The 58 countries on the list this year are: Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Montenegro, Nauru, the Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, Switzerland, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay and Vanuatu.

Haiti, Iceland, Montenegro, Spain and Switzerland have been added to the list for the first time this year.

Persons currently in the U.S. under the H-2A and H-2B status will not be affected by this new list. They will be affected only in case they apply to extend or change status.

U.S. Citizenship and Immigration Services (USCIS) announced that there will be a change in the filing location of Form I-130, Petition for Alien Relative from January 1, 2012. Persons filing the stand-alone form I-130 should mail their applications to either the Chicago or Phoenix Lockbox facility depending on their place of residence in the U.S.

USCIS will update the details of the states and corresponding filing addresses on their website on January 1, 2012. People filing Form I-130 on or after that date are requested to mail their applications to the appropriate Lockbox in order to avoid delays in processing. Applicants who have any doubts or questions may contact USCIS’ Customer Service Center.

There is no change in the filing location for persons who are filing Form I-130 along with Form I-485, Application to Register Permanent Residence or Adjust Status. Such applicants should continue sending their applications to the Chicago Lockbox facility.

Persons filing the petition from abroad may continue to send their applications to the Chicago Lockbox address if they are filing from a country which does not have a USCIS office. Persons filing from countries that have a USCIS office may file their petitions at the USCIS office having jurisdiction over their country of residence or may mail them to the Chicago Lockbox.

Only till the end of 2011 petitioners can send their applications to the Chicago address. Their petitions will be forwarded to and adjudicated at the appropriate USCIS Service Center.

USCIS is coming up with a new system to transform their paper-based system into an electronic one. They are in the testing stage of what they call, “a simplified, Web-based system that will allow customers to submit and track their applications online and enhance USCIS’ ability to process cases with greater accuracy, security and timeliness.”

The USCIS will bring about this transformation in stages, releasing periodically various immigration forms or adding functionality to what already exists. The first release will be immigration form I-539, Application to Extend/Change Nonimmigrant Status. There has been a delay in the release of this form in the electronic version and USCIS has announced that it will keep the public informed about the new schedules. They intend to do more testing on this form to ensure the a quality release. Once the I-539 is released, it will be the platform for the development of other benefits in this system.

USCIS has posted a video on their website which demonstrates how a customer can set up an account online, and use this new feature to submit the Form I-539 online. This video demonstrates the key features. It is to be noted that this is not the final version and that USCIS may come out with a different system than shown on the video depending on the feedback they receive.

Form I-131, Application for Travel Document is an immigration form used to apply to the USCIS for one of the following:

1. Re-entry Permit – this allows a green card holder or a conditional green card holder to enter the U.S. from abroad without having to produce a returning resident visa. The validity of this permit is stamped on the permit and may not be used for seeking admission into the U.S. on its expiry.
2. Refugee Travel Document – is issued to a refugee or an asylee and allows them to re-enter the U.S. after a temporary stay abroad.
3. Advance Parole Document – is used to authorize a person to be temporarily be paroled into the U.S. This document may be considered by transport organizations in lieu of a visa, but not in lieu of a passport.

Form I-131 Updated

USCIS has recently updated the form I-131, Application for Travel Document. The current edition is dated 11/05/11. However, USCIS mentions on its website that editions dated 11/23/10; 02/12/10; 07/14/09; 03/24/09; 10/30/08; 05/27/08; 02/26/08 are also accepted.

Please ensure you are using the right form when you are filing for any immigration benefit.

USCIS Form I-864, Affidavit of Support Under Section 213 of the Act

The USCIS form, I-864 is used by the sponsor of an intending immigrant to prove that there is enough financial resources to support the beneficiary and that he/she will not become dependent on government welfare.

This form is generally filed abroad in the respective consulate by the applicant, and there is no fees associated with this form. However, if the form is being filed domestically, there is a fee to be paid for processing the form.

The sponsor has to complete this form and also include the following documents:

– proof of current employment/self-employment and
– transcript or copy of a transcript that was issued by the Internal Revenue Service of the sponsors tax returns for the most recent year. If this is not included, the sponsor has to include a written statement explaining why. W-2s and 1099 forms may also be required.

USCIS Form I-864A, Contract Between Sponsor and Household Member

There are instances when the sponsor may not have sufficient finances to support the beneficiary after meeting his/her requirements to maintain a household. When this is the case, the sponsor may ask his/her household members or dependents to co-sponsor the intending immigrant. In such a case, the sponsor has to include a separate I-864A, Contract Between Sponsor and Household Member, for each co-sponsor.

Form I-864P, Poverty Guidelines gives you information about the minimum income requirements that the sponsor has to meet in order to be able to sponsor an immigrant. Only when he or she is able to meet these requirements (either by himself or herself or with the help of co-sponsors) can he or she complete the form I-864..

Form I-864 and Form I-864A Updated

Form I-864, Affidavit of Support Under Section 213 of the Act was recently updated by the USCIS. The edition of the form was updated, which means that the current edition has new Expiry and Revision Dates. The Expiry Date is 09/30/2012 and the Revision Date is 09/19/11.

Form I-864A, Contract Between Sponsor and Household Member, also saw a recent update. The current form’s Edition Date is 09/19/11. Previous editions are also accepted.

Please ensure that you use the current version of the forms. Though the USCIS says that earlier editions are accepted, it is best to use the current version.

USCIS is enhancing the filing process for certain naturalization and citizenship forms. To begin with, USCIS has brought about changes in the filing locations for four of the N-Forms – N-300, N-336, N-600 and N-600K.

Beginning Oct 30, 2011 all N-300, N-336, N-600 and N-600K forms have to be submitted to the appropriate Lockbox. And until Dec 02, 2011, local USCIS offices will forward the applications they receive to the Lockbox. However, after Dec 02, 2011 the application will be returned to the sender with instructions on how to re-file at the appropriate Lockbox facility.

Form N-400, Application for Citizenship is already being filed at a Lockbox facility. Forms N-336, N-600 and N-600K applications will go to the Phoenix Lockbox facility while Form N-300 applications will go to the Dallas Lockbox facility.

USCIS has updated this information on their website. Make certain you take note of these changes and prevent processing delays of you application. As always, you should always make sure they are using the right form, reflecting their need. And again, make certain that the application is filed at the right address. Using the wrong form will result in the rejection of your application and refunds will not be issued. This would mean that you have to reapply using the correct form and pay another fee for that particular application.

Whether you’re going through the Green Card or US Citizenship application process, or simply trying to get specific information on immigration visas, or get the latest news regarding immigration issues, you want a source that is legit, that provides accurate information on these topics.

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On October 25, 2011, the U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas published that the USCIS will begin an enhanced Employment Authorization Document (EAD) and a redesigned Certificate of Citizenship (Form N-560) as part of its continued effort to improve security and prevent fraud.

The USCIS began issuing the new EADs today, October 25, 2011, and plan to begin the issuance of the redesigned Certificate of Citizenship on Oct 30, 2011. The new designs incorporate state-of-art-technology which will prevent counterfeiting, tampering and enable quick and accurate authentication. Over a 1 million people are expected to receive the new documents in the next year.

The new EAD design feature will provide workers, employers and law enforcement a better way to identify the EAD card as well as providing proof of authorization to work in the U.S. The new Certificate of Citizenship will be designed using a more secure printing process which will make it impossible to alter the information on the certificate.

While the EAD and redesign are new, the USCIS will not change the immigration application process for either document.

If you currently hold an EAD it will remain valid until the expiration date on the card. The new redesign will be for those who apply for a renewal or replacement, or are new applicants. If you currently hold a previously issued Certificate of Citizenship this will remain valid indefinitely.

As part of an ongoing effort at USCIS, documentation will continue to be redesigned for security reasons. For example, the new Permanent Resident Card (Green Card) was redesigned in 2010 and the redesigned Certificate of Naturalization (Form N-550) was launched in Oct of 2010.

USCIS immigration Form I-539, Application To Extend/Change Nonimmigrant Status is used by nonimmigrants in the United States who wish to either extend their stay or change their status to another nonimmigrant category.

There are certain cases where Form I-539 is used to apply for initial nonimmigrant status. This form is also used by F and M (student) visa holders to apply to get their status reinstated.

All nonimmigrants need to file the I-539 form in case they want to extend their stay or change their nonimmigrant status form one category to another.

The following may not file Form I-539:

a) foreign nationals in transit (C)
b) foreign national in transit without a visa (TWOV)
c) crewmen (D)
d) K-1 fiancé (e) or K-2 dependent of fiancé (e)
e) K-3 and K-4 visa holders who were granted this status in accordance with the LIFE Act cannot change their status. K-3 and K-4 visa holders may apply for an extension of stay while their I-130 petition is being processed.

NOTE: Form I-539 was recently updated by the USCIS.

Form I-539 has to be filed at least 45 days prior to the expiry of the current nonimmigrant status. USCIS requires that the forms filed by the applicants be current. USCIS reviews and updates its forms from time to time. Each form comes with a revision date and an edition date. Applicants should make sure that the edition date is current or that prior editions are still being accepted by the USCIS before they file the form.

The latest edition date is 10/07/11. The prior editions of Form I-539 that are still accepted are 01/19/11; 11/23/10; 07/15/10; 12/11/09; 06/12/09.

Marriage to a U.S. Citizen remains one of the most common types of immigration scams to date. Marrying a U.S. Citizen under false pretenses to get into the United States does not stop some people from pursuing this federal crime option. It remains one of the most common paths to gain a Green Card or U.S. Citizenship for some foreign nationals.

Another common immigration scam is through the U.S. visitor visa process. Applying for such a visa with wrong intentions is immigration fraud. A visitor visa is intended for temporary stay in United States yet some apply for a visitor visa with the intentions of coming to the U.S. to seek work or marriage. But this type of immigration scam commonly leads to denied entry into the U.S. and immediate deportation. The individual could even be banned from the U.S. entirely if it is determined that there was wrongdoing.

Still another form of immigration scams involves the printing of green cards. This type of scamming is currently on the rise. Why is it so? Many feel they have no option to gain employment and obtain a black market green card. For those that resort to this type of immigration scam it is most likely due to an existing criminal background history or they entered the U.S. illegally and therefore making them illegible for a legitimate green card.

Others, who may be desperate for a Green Card, unknowingly fall victim to immigration scams. The following are some helpful hints to help you avoid becoming a victim of immigration scams:

• DO NOT sign any blank papers or documents that you do not understand
• DO NOT sign any documents that contain false or inaccurate information
• DO NOT let anyone keep your original documents
• DO make photocopies of all documents prepared or submitted for you
• DO get a receipt any time you pay someone to assist you in completing or submitting forms
• DO verify that your attorney is licensed or your representative is accredited by Board of Immigration Appeals (BIA)

There are many options available to approaching the U.S. Immigration process in a legal manner. The legal way is the best way.