Connect with us

Diaspora

US Government Announces Eligible countries for H-2A and H-2B Visa Programs in 2020 and Kenya is not among them

Published

on

U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS), in consultation with the Department of State (DOS), have announced the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in 2020. The notice listing the eligible countries will be published in the Federal Register on Jan. 17, 2020.

For 2020, the acting secretary of Homeland Security has determined, with the concurrence of the Office of the Secretary of State, that the countries designated as eligible in 2019 will remain unchanged.

DHS maintains its authority to add countries to the eligible countries list at any time, and to remove any country whenever DHS and DOS determine that a country fails to meet the requirements for continued designation. Examples of factors that could result in the exclusion of a country or the removal of a country from the list include fraud, abuse, denial rates, overstay rates, human trafficking concerns, and other forms of noncompliance with the terms and conditions of the H-2 visa programs by nationals of that country.

The H-2A and H-2B visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs, respectively. Typically, USCIS approves H-2A and H-2B petitions only for nationals of countries that the secretary of Homeland Security has designated as eligible to participate in the programs.

However, USCIS may approve H-2A and H-2B petitions, including those that were pending as of the date of the Federal Register notice, for nationals of countries not on the list on a case-by-case basis only if doing so is determined to be in the interest of the United States.

Effective Jan. 19, 2020, nationals of the following countries are eligible to receive H-2A and H-2B visas:

Andorra Finland Malta Serbia
Argentina France Moldova* Singapore
Australia Germany Mozambique Slovakia
Austria Greece Mexico Slovenia
Barbados Grenada Monaco Solomon Islands
Belgium Guatemala Mongolia South Africa
Brazil Honduras Montenegro South Korea
Brunei Hungary Nauru Spain
Bulgaria Iceland The Netherlands St. Vincent and the Grenadines
Canada Ireland Nicaragua Sweden
Chile Israel New Zealand Switzerland
Colombia Italy Norway Taiwan**
Costa Rica Jamaica Panama Thailand
Croatia Japan Paraguay* Timor-Leste
Czech Republic Kiribati Papua New Guinea Tonga
Denmark Latvia Peru Turkey
Dominican Republic* Liechtenstein Poland Tuvalu
Ecuador Lithuania Portugal Ukraine
El Salvador Luxembourg Romania United Kingdom
Estonia North Macedonia Samoa Uruguay
Fiji Madagascar San Marino Vanuatu

*Moldova, Paraguay, and the Dominican Republic are eligible to participate in the H-2A program, but they are not eligible to participate in the H-2B program.

**Regarding all references to “country” or “countries” in this document, it should be noted that the Taiwan Relations Act of 1979, Pub. L. No. 96-8, Section 4(b)(1), provides that “[w]henever the laws of the United States refer or relate to foreign countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with respect to Taiwan.” 22 U.S.C. § 3303(b)(1).

Accordingly, all references to “country” or “countries” in the regulations governing whether nationals of a country are eligible for H-2 program participation, 8 CFR 214.2(h)(5)(i)(F)(1)(i) and 8 CFR 214.2(h)(6)(i)(E)(1), are read to include Taiwan. This is consistent with the United States’ one-China policy, under which the United States has maintained unofficial relations with Taiwan since 1979.

This notice does not affect the status of H-2 beneficiaries who currently are in the United States unless they apply to extend their status. It does apply to nonimmigrants changing status in the United States to H-2A or B. Each country’s designation is valid, subject to removal for failure to meet the requirements for continued designation, from Jan. 19, 2020, until Jan. 18, 2021.

For more information on these programs, see the H-2A Temporary Agricultural Workers and H-2B Temporary Non-Agricultural Workers pages on our website.

Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Diaspora

US embassies start denying visas to people they believe will be a “burden” to taxpayers if allowed into the country

Published

on

The U.S. Department of Homeland Security today implemented the Inadmissibility on Public Charge Grounds final rule. Under the final rule, DHS will look at the factors required under the law by Congress, like an alien’s age, health, family status, assets, resources, and financial status, education and skills, among others, in order to determine whether the alien is likely at any time to become a public charge. The rule now applies nationwide, including in Illinois.

Self-sufficiency is a long-standing principle of immigration law. Since the 1800s, inadmissibility based on public charge has been a part of immigration law. Since 1996, federal laws have stated that aliens seeking to come to or remain in the United States, temporarily or permanently, must be self-sufficient and rely on their own capabilities and the resources of family, friends, and private organizations instead of public benefits.

“President Trump continues to deliver on his promise to the American people to enforce our nation’s immigration laws. After several judicial victories, DHS will finally begin implementing the Inadmissibility on Public Charge Grounds final rule,” said Ken Cuccinelli, the acting deputy secretary of the Department of Homeland Security. “This rule enforces longstanding law requiring aliens to be self-sufficient, reaffirming the American ideals of hard work, perseverance and determination. It also offers clarity and expectations to aliens considering a life in the United States and will help protect our public benefit programs.”

The final rule defines “public charge” as an alien who has received one or more public benefits (as defined in the rule) for more than 12 months, in total, within any 36-month period.

The final rule defines “public benefits” to include any cash benefits for income maintenance, Supplemental Security Income, Temporary Assistance to Needy Families, Supplemental Nutrition Assistance Program, most forms of Medicaid and certain housing programs.

Applicants for adjustment of status who are subject to the final rule must show that they are not likely at any time to become a public charge by submitting a Form I-944, Declaration of Self-Sufficiency, when they file their Form I-485, Application to Register Permanent Residence or Adjust Status.

To determine whether an alien is inadmissible on the public charge grounds, USCIS will not consider, and applicants and petitioners do not need to report, the application for, certification or approval to receive, or receipt of certain previously excluded non-cash public benefits (such as SNAP, most forms of Medicaid, and public housing) before Feb. 24, 2020. Similarly, USCIS will not consider as a heavily weighted negative factor receipt of previously included public benefits (such as SSI and TANF) before Feb. 24, 2020, in a public charge inadmissibility determination.

The final rule requires most aliens seeking to extend their nonimmigrant stay or change their nonimmigrant status to show that, since obtaining the nonimmigrant status they seek to extend or change, they have not received public benefits (as defined in the final rule) for more than 12 months, in total, within any 36-month period beginning Oct. 15, 2019. Due to litigation-related delays in the final rule’s implementation, DHS is applying this requirement as though it refers to Feb. 24, 2020 rather than Oct. 15, 2019. Therefore, with respect to applying the public benefits condition to applications and petitions for extension of nonimmigrant stay and change of nonimmigrant status, DHS will not consider, and applicants and petitioners need not report an alien’s receipt of any public benefits before Feb. 24, 2020.

Certain classes of aliens are exempt from the public charge ground of inadmissibility (such as refugees, asylees, certain VAWA self-petitioners, U petitioners, and T applicants) and therefore, are not subject to the Final Rule.

After today, USCIS will reject prior editions of affected forms, including in Illinois where the rule remained enjoined until Feb. 21, 2020, when the U.S. Supreme Court granted a stay of the statewide injunction. If USCIS receives an application or petition for immigration benefits using prior editions of the forms postmarked on or after Feb. 24, 2020, then USCIS will inform the applicant or petitioner of the need to submit a new application or petition using the correct forms. For applications and petitions that are sent by commercial courier (such as UPS, FedEx and DHL), the postmark date is the date reflected on the courier receipt.

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).

Continue Reading

Diaspora

Joy in the Diaspora as Matiang’i extends e-passport deadline

Published

on

Kenyans in the Diaspora have taken to social media to thank the Ministry of Interior and Coordination of National Government for extending the deadline for the migration to the new generation chip-enabled passports.

In a statement released on Monday, February 24, the ministry headed by Dr Fred Matiang’i announced that it had extended the deadline by 12 months and set March 1, 2021 as the new compliance date.

“The government is progressively phasing out the old, ordinary passports as part of Kenya’s commitment to migrate to the new passports with ICAO specifications,” said Matiang’i.

“However, we note with concern that 1.8 million Kenyans, mostly in the diaspora, are yet to replace their old passports with the East African Community biometrics e-passports,” he added

“Due to this, the government hereby extends the deadline for voiding the current dark blue machine-readable passport by 12 months. As such, its holders may continue using it until March 1, 2021, when it will no longer be valid for traveling,” the Ministry statement read in part.

The statement further noted that the Ministry  had set up six other centers in the diaspora, with three in Europe (Berlin, Paris, and London) and one in the US (Washington DC).

The government has also set up a center in Johannesburg, South Africa and Dubai to facilitate the new passport measures.

“Thank you Matiang’i, Wrote John Njoroge.

“Ungekuwa karibu ningekubuiya kiruru,” tweeted Joe Karis.

Wambuijoan wrote: “That is why I love Jubilee Government. Inatupeaga deadline halafu inaongeza, Hata uchaguzi wa 2017 tulifanya twice.”

Before Monday’s announcement, long queues were being witnessed at various embassies, High Commissions and consulates as Kenyans in the Diaspora sought to beat the earlier deadline

The ministry also  announced that in an effort to rationalize the issuance of the e-passports, it has set up and operationalized four passport control centers across the country.

The four centers, they announced, were located in Nakuru, Kisii, Eldoret, and Embu.

Image
People queue for passports outside the Nyayo House headquarters in Nairobi.
People queue for passports outside the Nyayo House headquarters in Nairobi.

Mr Matiang’i called upon all those who were yet to convert their old passports as earlier urged to take advantage of the new extensions to fulfill the requirements.

“Considering this is the second extension, the 1.8 million Kenyans still holding the dark blue passport are urged to take full advantage of the period to acquire the EAC-format electronic passports as early as possible.

“They should do this to avoid a last-minute rush, unnecessary jam-ups at the centers and traveling inconveniences,” the statement reads.

Matiang’i also  announced thathe government will ensure that  same-day issuance of passports became a reality by July 1, 2020.

Here is the full statement:

Press Statement Final Extension for Traveling on Machine Readable Passport

Press Statement Final Extension for Traveling on Machine Readable Passport

 

So what is an e-passport?

An e-Passport contains an electronic chip. The chip holds the same information that is printed on the passport’s data page: the holder’s name, date of birth, and other biographic information. An e-Passport also contains a biometric identifier.

For instance, the United States requires that the chip contain a digital photograph of the holder.

U.S. e-Passport Requirements

The United States requires that travelers entering the United States under the Visa Waiver Program have an e-Passport if their passport was issued on or after October 26, 2006. Additional information on VWP e-Passport requirements.

All e-Passports issued by Visa Waiver Program (VWP) countries and the United States have security features to prevent the unauthorized reading or “skimming” of data stored on the e-Passport chip.

The inspection process for an e-Passport holder is the same as that for a non-e-Passport holder. When arriving at U.S. ports of entry, e-Passport holders will be directed by signage or personnel on the appropriate U.S. Customs and Border Protection booth to use.

Benefits of an e-Passport

E-Passports help to

  • securely identify the traveler,
  • provide protection against identity theft,
  • protect privacy and
  • make it difficult to alter a document for use in gaining admission to the United States.

The biographic and biometric data contained in the electronic chip can be compared to both the traveler and the travel document being presented. There are multiple layers of security in the e-Passport process that prevent duplication.

International Cooperation

The United States and its VWP partners have worked together through extensive testing to identify a technology solution to support the production of e-Passports and e-Passport readers. Successful testing in the United States and overseas has been an important step forward in a larger, comprehensive effort to enhance security and facilitate legitimate travel and trade through international cooperation.

Continue Reading

Diaspora

VIDEO: Did you miss Peter Ng’ethe’s Funeral Service in Atlanta? Here it is

Published

on

A funeral Service for the late Peter Ng’ethe was held at Christ Harvesters Global Outreach Church on Saturday. The late Ng’ethe  was set to be buried on Saturday Feb 22, 2020 at Kennesaw Memorial Park in Marietta, Georgia Address1306 Whitlock Ave NW, Marietta, GA 30064 at 1.30PM.

On Friday Feb 21 2020, a wake in his honor at West Cobb Funeral Home between 5pm and 7pm. Address: 2480 Mcland Rd, Marietta, GA, 30064

Mr Ng’ethe passed away on Feb 1st, 2020.

He was a dear Husband to Serah Ng’ethe (Mama Njoki)
Father to Njoki Mwangi, John Njoroge and Makena Njoki.

May He Rest in Peace. Watch:

 

 

Continue Reading


poapay3

Like us on Facebook, stay informed

NEWS TRENDING RIGHT NOW

2019 Calendar

satellite-communication1.jpg

Trending

error: Content is protected !!