What Occupations will Qualify for the Diversity Visa Program (eDV)?

The Department of Labor (DOL) O*Net Online database groups job experience into five “job zones”. While many occupations are listed on the DOL website, only certain specified occupations qualify for the Diversity Visa Program. To qualify for a Diversity Visa on the basis of your work experience, you must, within the past five years, have two years of experience in an occupation that is designated as Job Zone 4 or 5, classified in a Specific Vocational Preparation (SVP) range of 7.0 or higher.

How Do I Find the Qualifying Occupations on the Department of Labor Website?

Qualifying DV Occupations are shown on the Department of Labor O*Net Online Database. Follow these steps, when you are in O*Net Online to find out if your occupation qualifies:

• Under “Find Occupations” select “Job Family” from the pull down;
• Then browse by “Job Family”. (For example, select Architecture and Engineering)  and click “GO”;
• Then click on the link for your specific occupation.  (As an example, select Aerospace Engineers. At the bottom of this Summary Report for Aerospace Engineers, under the Job Zone section, you will find the designated Job Zone 4, SVP Range, 7.0 to < 8.0.  This means using this example, Aerospace Engineering is a qualifying occupation.

In a recent joint effort between ICE , EOIR, and USCIS,  this issue was examined and as a result guidance is now forthcoming, whereby cases referred by ICE to EOIR will be submitted to USCIS for expedited processing.

Depending on whether the Alien is in Detention (or not in detention), USCIS will pull pending petitions/application on behalf of that Alien and attempt to process those filings within 30/45 days, since the approval may provide relief and EOIR may terminate removal proceedings without prejudice, since the Alien may no longer be removable.

ICE, at its discretion, will examine whether there are adverse factors concerning a particular Alien (lengthy criminal history, threat to public safety or national security, etc.) to determine if the referral to USCIS for expedited processing is appropriate.

Petitioners /Employers subject to this new fee include employers with 50 or more employees in the U.S., for which more than 50% of their workforce is on H and L visas.  Essentially, this penalizes U.S. companies who are dependent / over-reliant on foreign workers, who make up half or more than half of their current workforce.

Under the current provision,  these Petitioners/Employer must pay an additional $2,000 for an H-1B petition, or $2,250 for an L-1 petition.

USCIS will be revising its current Form I-129 and Data Collection form shortly.  Until the new forms are implemented, USCIS suggested that petitioners could proactively include a “certification” regarding the fee, including a notation of whether the fee is required in bold capital letters at the top of the cover letter.

The new fee will initially remain in effect through September 30, 2014, unless changed or rescinded by later legislation.

B1/B2-visitors CANNOT / MUST NOT  enroll in and begin their studies BEFORE the student status is APPROVED by USCIS.  A premature (i.e. “pre-approval”) start will result in a denial of the change of status, and subsequent departing the U.S. and obtaining a proper Visa at the Consulate will now be necessary.

There are no exceptions to USCIS’ position on this issue, and no other way to cure a status violation, other than departing the U.S., obtaining a proper visa, and subsequently re-entering the U.S. to re-establish good status.

A proper “change of status” from visitor to student/trainee IS possible if:

• you are in current non-immigrant status (not yet expired) when the application for change of status is filed, AND
• you have not yet enrolled in / begun classes, AND,
• you have not engaged in unauthorized employment in the U.S. while in visitor status.

“The Legislature finds that there is a compelling interest in the cooperative enforcement of federal immigration laws throughout all of Florida. The Legislature declares that the intent of this act is to make attrition through enforcement the public policy of all state and local government agencies in Florida. The provisions of this act are intended to work together to discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States.”

The major provisions of this draft legislation can be summarized as follows:

(1)  law enforcement shall have the authority to ascertain the immigration status of any person detained or arrested, prior to their release from custody. An alien found to be present in the United States illegally, shall be referred to ICE or CBP upon release from local or state law enforcement, from custody, detention, imprisonment and/or payment of fines.

(2) willful failure to provide proof of immigration status will be a misdemeanor offense, with fines of $100 and/or jail terms between 20 and 30 days, depending on number of violations (first  offense, second offense, etc.)

(3) a person unlawfully present in the U.S. may not publicly solicit for work/employment within the borders of the State of Florida.

(4) Law enforcement may arrest without warrant anyone under suspicion of having been previously convicted for an offense which would render the Alien inadmissible to and/or removable from the United States.

(5) a “whistle-blower” mechanism will be put in place to initiate complaints against employer’s who are believed to have hired ineligible, undocumented workers, not otherwise authorized to seek and obtain employment in the U.S.  The complaint mechanism will not preclude anonymous tips to law enforcement authorities.  Upon a finding of cause, unauthorized Aliens will be reported to ICE, and criminal prosecutions will be initiated against the employer.  (enforcement of this provision is not to begin before October 1, 2011)

(6) Employers in violation of Sec. (5), shall terminate any unauthorized employment, and will be placed on administrative probation for a period of no less than 3 years and file quarterly reports regarding staffing changes (terminations and hires). Failures to comply may result in revocation of professional licenses of the employer.  Employers can benefit from a “Safe Harbor”-provision if using “E-Verify” to rely on a worker’s ability to legally work.

(7) All Employers in Florida will be required to use the “E-verify” system to ascertain a worker’s eligibility to work in the United States, as of October 1, 2011.   Records shall be maintained as required by applicable Federal laws.

(8) Sentencing enhancements and increased penalties for certain crimes committed by Aliens unlawfully present in the United States.  This will apply if charged and sentenced as an adult, not to include juvenile offenders if charged as juvenile delinquents.  A second degree misdemeanor will be upgraded to a first degree misdemeanor;  a first degree misdemeanor may be enhanced to a felony of the third degree.  (as measured by applicable maximum penalties)   Felonies can be upgraded from 3rd to 2nd, from 2nd to 1st, and from 1st to Life Felony.

(9) For purposes of release on Bail and other conditions, a new score-sheet will be implemented which will take into account the offender’s legal immigration status (or lack thereof). An offender without legal immigration status will receive additional points on the score-sheet, making a conditional release from custody less likely.

The read the full draft of the proposed legislation, download it here.

Proponents of point systems maintain that such merit-based approaches are clearly defined and based on the nation’s economic needs and labor market objectives.  A point system, supporters argue, would be more acceptable to the public because the government (rather than employers or families) would be selecting new immigrants and this selection would be based on national economic priorities.

Opponents of point systems state that the judgment of individual employers are the best indicator of labor market needs and an immigrant’s success. Opponents warn that the number of people who wish to immigrate to the United States would overwhelm a point system comparable to those of Australia, Canada, Great Britain, and New Zealand.  In turn, this predicted high volume of prospective immigrants, some say, would likely lead to selection criteria so rigorous that it would be indistinguishable from what is now the first preference category of employment-based admissions (persons of extraordinary ability in the arts, science, education, business, or athletics; outstanding professors and researchers; and certain multi-national executives and managers) and ultimately would not result in meaningful reform.

Read the report for yourself.   [ download it here ]

Such Children (even once they reach adulthood) are entitled to be documented as American citizens, IF the citizen parent meets certain so-called “transmission requirements” which could occur in the following circumstances:

• Child born in wedlock to two U.S. citizens
• Birth abroad to one citizen and one alien parent in wedlock
• Child born out of wedlock to a U.S. citizen mother
• Child born out of wedlock to a U.S. citizen father

Please read more about this at my Citizenship Site.   Note that there are special procedures for active members of the U.S. Armed Services, their dependents, and other civilian DOD personnel. You should contact your local Personnel Services Battalion passport agent on base, per DOD policy.

The building will have a 1 ½ story lobby, ceremony room and waiting room and will incorporate USCIS branding into the design of the building. It will be designed and constructed to obtain a Leadership in Energy and Environmental Design (LEED) rating of Silver from the US Green Building Council as well as an Energy Star rating. This will result in a building that is energy efficient, helps preserves the planet’s natural resources and provides a safe and comfortable environment for its inhabitants.

Design work is underway and construction should begin in the fall. Construction is anticipated to be completed late 2011 occupancy occurring shortly after.

USCIS states that eliminating the acceptance of cash will reduce USCIS operating costs.  As an alternative to cash, customers may pay using checks (including personal checks), money orders, and credit cards.  Accepted cards include Visa®, Mastercard®, American Express®, and Discover® Network.

Until further notice, USCIS International Operations offices, located in embassies internationally, may continue to accept cash.