July 2005   USCIS IMPLEMENTS L-1 VISA REFORM ACT OF 2004   June 23, 2005 - Washington, D.C.     U.S. Citizenship and Immigration Services (USCIS) announced the implementation of new provisions to the L-1 temporary worker program, commonly known as intracompany tranferees. The changes were mandated by L-1 Visa Reform Act of 2004 which became law last December as part of the Omnibus Appropriations Act for FY 2005.   The L-1 Visa Reform Act amends previous legislation to address the “outsourcing” of L-1B temporary workers. An L-1B nonimmigrant is an alien who has been employed overseas by a firm with an affiliated entity in the U.S., who comes to the U.S. to perform services for the international entity that involve specialized knowledge. L-1B temporary workers can no longer work primarily at a worksite other than that of their petitioning employer if either: (a) the work is controlled and supervised by a different employer or (b) the offsite arrangement is essentially one to provide a non-petitioning party with local labor for hire, rather than a service related to the specialized knowledge of the petitioning employer.   USCIS will interpret the “control and supervision” provisions of the new law to require an L-1B petitioning employer to retain ultimate authority over the worker. The determination as to whether an alien is or will be employed primarily at a worksite other that of the petitioner will depend on the specific facts presented. In addition, the bar will not apply if the satisfactory performance of such off-site employment duties requires that the L-1B temporary worker must have specialized or advanced knowledge of the petitioning employer’s product, service, or other interests, as defined under current USCIS regulations. General skills or duties that relate to ordinary business or work activities would not meet the test of whether specialized knowledge is required for the work.   The “outsourcing” provisions described above apply to all L-1B petitions filed with USCIS after June 6, 2005, and include extensions and amendments involving individuals currently in L-1 status.   The Act also requires that all L-1 temporary workers must have worked for a period of no less than one year outside the United States for an employer with a qualifying relationship to the petitioning employer. Previously, participants in the “blanket L-1” program could participate after as little as six months of qualifying employment. This change applies to petitions for initial L-1 classification filed with USCIS after June 6, 2005; extensions of status under the blanket program are not affected by this provision.     USCIS WELCOMED MORE THAN 15,000 NEW CITIZENS DURING 4TH OF JULY WEEK   June 30, 2005 - Washington, D.C.   More than 15,000 men, women and children from throughout the United States celebrated Independence Day a little differently this year. That’s because they raised their hands and became America’s newest citizens during special July 4th ceremonies. Held at locations across the country U.S. Citizenship and Immigration Services (USCIS) commemorated the United States 229th birthday during a weeklong schedule of citizenship ceremonies designed to “Celebrate Citizenship, Celebrate America.”   In addition as part of its continuing efforts to make naturalization ceremonies meaningful as possible, USCIS has produced a video highlighting the privileges and responsibilities associated with taking the Oath of Allegiance through a historic photographic perspective. USCIS unveiled this video nationwide during the July 4th ceremonies.   Each year, USCIS welcomes more than 450,000 citizens during nationalization ceremonies across the United States. Included in those numbers are more than 10,000 service members who have naturalized through an expedited process since the beginning of the war on terrorism.     CGFNS/ICHP Sets Cut-Off Date of July 8, 2005 for Receipt of VisaScreen Documents for VisaScreen Applicants Requiring Certificate By July 26, 2005   PHILADELPHIA, PA — JUNE 30, 2005   The Commission on Graduates of Foreign Nursing Schools (CGFNS) and its division, the International Commission on Healthcare Professions (ICHP) announced today that if all federally mandated documents are received by July 8, 2005, VisaScreen applicants who are working under Trade NAFTA status, and who were employed and licensed in the U.S. prior to September 23, 2003, will receive their VisaScreen certificates by the July 26, 2005 deadline. The deadline was an extension granted by the Department of Homeland Security to Canadian and Mexican healthcare professionals in 2004 in order for them to meet the documentation requirements required by the final regulation issued in July 2003 which became effective September 23, 2003.   "All federally mandated documents" include such items as nursing school transcripts and the completed CGFNS Nursing form, license verification form, and English language proficiency test results (unless exempt from the English exam).   Section 343 of the Illegal Immigration Reform and Immigrant Responsibility Act requires Trade NAFTA status healthcare professionals—registered nurses, physical therapists, occupational therapists, and medical technologists—to have their credentials certified by an organization recognized by the Department of Homeland Security. The credentials certification includes an educational analysis, licensure validation, English language proficiency assessment (not required if educated in Canada, outside of Quebec), and in the case of nurses, a passing score on an approved exam of nursing knowledge. The VisaScreen program is a credentials certification program administered by the International Commission on Healthcare Professions (ICHP), a division of CGFNS. CGFNS is the only federally approved credentialing organization for all four professions listed above.   In an effort to facilitate the process for the affected applicants, CGFNS/ICHP has notified all known applicants, hospital human resource departments, nursing schools and licensing authorities in Canada and the US regarding the deadline.   Did you know?   The USCIS announced that they currently have approximately 27,300 H-1B petitions approved or in the pipeline for FY 2006, which has a cap of 60,000.   H-1B visas allow foreigners to come to the U.S. for employment in a specialty occupation, such as allied health professionals, scientists, engineers, computer programmers, and pharmacists.   Please contact our office at 603-228-1277 with any questions regarding an H-1B visa. For more information about the U.S. Citizenship and Immigration Services (USCIS) please visit www.uscis.gov. If you have any comments on our newsletter, any topics you would like to see reviewed or if you have news, events or other items of interest that you would like to share - please forward your comments and suggestions to abouley@goffandwilson.com. Copyright 2004 Goff and Wilson Professional Association - www.goffandwilson.com - unsubscribe One Capitol St., PO Box 347, Concord, NH 03302-0347 v: 603.228.1277    f: 603.226.0791    info@goffandwilson.com