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US Publishes strict guidelines for immigrants who come in as Sheep/Goat Herders

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U.S. Citizenship and Immigration Services today published a policy memorandum (PM) that requires requests for temporary foreign workers for range sheep or goat herding or production be subject to the same requirements as other temporary agricultural workers.

USCIS is issuing this PM to ensure that H-2A nonimmigrant sheep/goat herders may only fill temporary and/or seasonal herder positions, and that petitioners filing petitions for permanent sheep/goat herders comply with the requirements applicable to permanent positions.

Under the PM, H-2A sheep/goat herder petitions will be subject to the same temporary or seasonal need analysis that applies to all other H-2A petitions, and petitions seeking to hire H-2A sheep/goat herders for 364-day back-to-back periods (or similarly lengthy, consecutive periods for the same job duties for a sheep/goat herder position) with no material or meaningful break between them will not be approved if the petitioner cannot prove it has a temporary or seasonal need for the workers. This PM will ensure that USCIS consistently applies H-2A regulations on temporariness and seasonality to H-2A sheep/goat herder petitions, and that the wages and working conditions of similarly situated U.S. workers are not depressed by the employment of H-2A temporary workers.

This PM will assist in safeguarding the integrity of the H-2A program, which was intended for agricultural labor or services that are temporary or seasonal in nature. Adjudicating the temporariness and seasonality of H-2A sheep/goat herder petitions with the same criteria as other H-2A petitions will also support consistency and fairness while protecting the interests of U.S. workers (for example, their wages and job opportunities). The PM is not intended to alter current policy or practice for the adjudication of non-sheep herding or goat herding H-2A petitions, but to ensure that USCIS adjudicates all H-2A sheep/goat herder petitions on a case-by-case basis, considering the totality of the facts presented, and in the same manner as all other H-2A petitions, consistent with the Immigration and Nationality Act (INA) and existing regulations.

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Effective June 1, 2020, USCIS will adjudicate any Form I-129, Petition for Nonimmigrant Worker, filed by petitioners seeking H-2A sheep/goat herder positions in line with this PM. USCIS believes the future effective date allows H-2A petitioners to amend their practices, as necessary.

This PM is being issued in response to a lawsuit brought by worker advocates challenging USCIS adjudications of H-2A sheep herding and goat herding petitions and the D.C. Circuit’s order in that case. Hispanic Affairs Project v. Acosta, 901 F.3d 378, 386 (D.C. Cir. 2018). USCIS agrees with the order and interprets the D.C. Circuit Court’s opinion as indicating that consecutive, back-to-back 364-day approvals of H-2A sheep/goat herder petitions (or similarly lengthy, consecutive periods for the same job duties for a sheep/goat herder position) with no material or meaningful break between them would violate the INA and Department of Homeland Security regulations, absent a petitioner establishing that its need is in fact seasonal or temporary.

USCIS welcomes comments on the PM, the proposed effective date, potential cost savings or increases, impacts on filing practices, and other topics that are the focus of this PM via the Policy Memoranda for Comment page. USCIS will review and consider all comments received during the 30-day comment period from Nov. 14 to Dec. 14, 2019, and may subsequently publish a revised PM, as needed. The guidance contained in the PM will be controlling and will supersede any prior guidance regarding the determination of temporary or seasonal need for H-2A sheep and goat herder petitions.

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Diaspora

SAD: Former Kenyan Powerful Minister’s son who was deported from US after being jailed for 30 years now living in squalor [VIDEO]

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They say looks may be deceiving, well Peter Oloo Aringo may look like that ordinary man with limited means. When The Standard team got to his home, he’ was going about his activities.

Aringo is the first born son of former Alego Member of Parliament and minister for education Peter Oloo Aringo and a Jamaican mother. He attended the prestigious Consolata Primary School in Nairobi and St. Mary’s Yala where, on his own admission, he had begun drinking.

He  later proceeded to the United States where he pursued a business administration course at Lona College.

While in the US, Aringo opines life was good, on the first lane. His drinking habits right back from high school in Kenya however grew not only as a consumer but now as a peddler which endeared him to his peers but little did he know he was on the radar of the New York Federal government authorities.“I became a dealer.

I decided if I want to make more and use more, I needed to get into the business. And that’s where my downward spiral began,” Aringo narrated to this reporter. Being an alien and on the left side of the law, he was a marked man.

Former Cabinet Minister Peter Oloo Aringo.

Authorities finally pounced on him. He was arraigned and sentenced to 30 years in jail but he was too lucky to be given an option of deportation which he opted for. As it is the norm, a deportee, he came back home empty-handed without even his travel documents, his wife and three children. “I had no money. I had nothing,” he added.

READ ALSO:   US welcomed 756,000 new Citizens last year, set to welcome 34,000 this month

Back home his appetite for alcohol and drugs only increased but he could only access and afforded cheap liquor which eventually caused him throat cancer. His wife Catherine Boyane, also a reformed drug addict with whom they got married in May this year narrated how it all began.“The day we started noticing a swelling on his neck, we thought it was a sore throat. We never thought it would be cancer,” she said.

Throughout the interview, Aringo kept sipping tea or water as there is totally no saliva in his mouth.The man who grew up in opulence has only a wall clock with his father’s name permanently inscribed on it triggering nostalgic memories.The couple is now quietly living at the heart of a posh estate in Nakuru but in a shanty sandwiched between high-end houses.

-Standardmedia.co.ke

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Diaspora

EXPLAINED: Visitor’s Visa, Work Visa or Student Visa- How can you come and work in USA?

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BY BOB MWITI

Well, I get asked so many questions on a daily basis about living and working in USA and I try to answer them on my inbox as much as possible.

If you inbox me and I don’t respond immediately, please just give me time and I will.

So I will explain a bit about the above 3 visas, in the best way possible.

I don’t sugar-coat things and this may not be for you if all you want to hear is the sweet stuff!!

Also, please understand that in this post, I am only addressing those with at least a Bachelor’s degree.

Now, let me start with the visit visa.

If you are a young university graduate and your intention is to get a visit visa so that you can come and work here, please stop that madness!

That is a wrong approach and chances are you will not set foot in America.

It is extremely hard to get visit visa approval, if you DO NOT have strong ties to your home country, which most young people don’t have and therefore are considered a high risk for visa overstay!

Honestly speaking, a visit visa is the worst visa that you can use to come to America if your intention is to remain here and work.

Are we together??…This is the bitter truth that no one will tell you out there!….Don’t be ignorant!..Be wise!

Well, If you are lucky to get a visit visa, once you are here you will just be working under the table because you won’t have the right working immigration documents.

However, this type of visa may be a “good” one for you if you are;

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1. Extremely desperate and you have no Job back home.

2. You really don’t care being in America without the correct working documents and risking deportation.

3. You don’t mind not seeing your family back home for a long period of time.

If you tick all those 3 boxes, then Yes, a visit visa may be a “good” one for you.

Again,I repeat, this is the worst visa to come with if your sole intention is to live and work in America long term.

I hope I am clear.

How about work visa?

Work visas are extremely hard to get because you must actually get a highly skilled Job offer here first, then your to-be employer will have to file for your work papers from these sides for you.

Once that is approved, then you can seek the visa at the Embassy in your country of domicile.

The problem is, although work visas exist, it is very hard to find companies who are willing to sponsor you especially if you are in Africa.

Yes, a lot of Indians do come here on work visas such as L1, and H1Bs but the reason is that most big tech companies in USA are actually Indian-owned companies.

For example Infosys, Accenture, Wipro, Tata consulting to name but a few…..

These companies provide resources to work in IT projects across North America..and there is a ready market of skilled IT professionals in India.

As an African, if you are a nurse and you want to work here, you have a very high chance of coming as a skilled worker.

I know of nurses who have come to work here in America from Africa and there are African companies that facilitate that.

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BUT for the rest of the folks,…. well, you have to find other means!

And the other means is a student visa,

A student visa, is the best non-immigrant visa to actually use to come to USA.

Why?

Because a student visa has a clear path to citizenship.

Meaning, with a student visa, once you graduate, you have a chance of getting a post-graduation work permit called OPT of 1-3 years depending on what you studied.

During that post graduation OPT time, you can find an employer willing to sponsor your long term work authorization and subsequently a green card and later on you can become a citizen if you wish.

This is actually the route that I used…..and it is extremely effective although a lot of our African brothers & sisters who come to USA as students do not use it for lack of proper guidance and Information.

Now you may ask, which is the best career out there in America that you might have a chance of getting a Job in.

IT is huge here..There is a very high demand of IT professionals and it is easy to get work authorization once you graduate.

Same with nursing.There is a huge demand of nurses. Most other professions, unfortunately not so!

So generally speaking, STEM professions…i.e Science, Technology, Engineering, & Mathematics are your best bet for good Jobs here in America that come with working papers.

So now you may ask ….how do you come to USA as a student?

Unfortunately, you must have enough finances to cover for your studies.

If you DON’T, you will NOT get a student visa..Again, that is the bitter truth!

READ ALSO:   EXPLAINED: Everything you need to know about applying for 2021 US Green Card [VIDEO]

So, are there any ways of getting funding?

Yes, you can actually find millions worth of scholarships for FREE at www.successwithbobmwiti.com or you can also find secured and unsecured international student loans to finance your education here in America.

I hope I have answered your questions!

ABOUT ME

I am a former international student in USA and I am a senior IT consultant in the areas of Oracle EBS and Robotics Process Automation.

I am the programs director of Appstec America – A consulting company based in Tampa, Florida,USA.

I’ve been blessed to have learned and achieved a lot in my career as an IT consultant.

My life has truly changed, and I’ve made it my mission to give back and serve others beyond myself.

Whether that be helping you to relocate to USA as an international student, train you as an IT consultant, help you start and build your own business, creating your financial freedom, motivating you to pursue your goals and dreams, to being more productive, to inspiring you to constantly improve yourself.

My mission is to get you to wake up to the unlimited potential within you and achieve what you’re truly capable of through my various self-development training programs.

On my facebook page, I openly and passionately share my life experiences and all of the very best concepts, strategies, tools, and resources that I continue to discover that have made a measurable difference to my life, and will do for you as well.

Keep your dream alive and never give up!

To learn about my amazing programs, please go to;

www.appstecamerica.com
www.successwithbobmwiti.com

Contact Me At;
success@successwithbobmwiti.com
info@appstecamerica.com
+1 813-573-5619 ext 402

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Diaspora

US Immigration Service to charge $10 Fee for H-1B Visa Registration

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WASHINGTON—U.S. Citizenship and Immigration Services has announced a final rule that will require a $10 non-refundable fee for each H-1B registration submitted by petitioning employers, once it implements the electronic registration system.

The registration fee is part of an agency-wide effort to modernize and more efficiently process applications to live or work in the United States.

The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require the application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent.

Upon implementation of the electronic registration system, petitioners seeking to file H-1B cap-subject petitions, including those eligible for the advanced degree exemption, will first have to electronically register with USCIS during a designated registration period, unless the requirement is suspended.

“This effort will help implement a more efficient and effective H-1B cap selection process,” said USCIS Acting Director Ken Cuccinelli. “The electronic registration system is part of an agency-wide initiative to modernize our immigration system while deterring fraud, improving vetting procedures and strengthening program integrity.”

The final rule, Registration Fee Requirement for Petitioners Seeking to File H-1B Petitions on Behalf of Cap-Subject Aliens, is effective Dec. 9, 2019, and the fee will be required when registrations are submitted. USCIS is fee-funded, and this non-refundable fee will support the new electronic registration system to make the H-1B cap selection process more efficient for both petitioners and the agency.

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USCIS is slated to implement the registration process for the fiscal year 2021 H-1B cap selection process, pending completed testing of the system. The agency will announce the implementation timeframe and initial registration period in the Federal Register once a formal decision has been made, and USCIS will offer ample notice to the public in advance of implementing the registration requirement.

USCIS published a notice of proposed rulemaking highlighting a registration fee on Sept. 4, 2019, which included a 30-day public comment period. USCIS received only 22 comments during that time, and has considered all submissions and offered public responses ahead of announcing the final rule, which is effective on Dec. 9.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), Facebook (/uscis), and LinkedIn (/uscis).

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