Archive for the ‘Temporary Workers’ Category

Deferred-Status Immigrants Will Not Receive Public Benefits in Mississippi

September 17, 2012

As recently reported in the Washington Post, Mississippi Governor Phil Bryant responded to President Barack Obama’s deferred deportation policy by ordering state agencies to not provide public benefits to immigrants on deferred deportation status.

President Obama recently issued an executive order which allows immigrants age 30 or younger who entered the U.S. before they turned 16 to apply for deferred deportation. While in the United States, these immigrants are eligible to apply for work permits. Bryant’s order will ensure that these immigrant workers will not receive any public benefits from the state of Mississippi.

The order falls in line with current Mississippi State law. In defense of the law, Bryant explains, “illegal immigration has real consequences for Mississippi, as it puts additional burdens on our already stretched budget.” Bryant further stated that, “this executive order will help ensure that public benefits go to only those persons who are lawfully eligible.”

In denying immigrants public benefits, Bryant joins Governors Jan Brewer of Arizona, Dave Heineman of Nebraska, and Rick Perry of Texas.

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Lawsuit Filed Over President Obama’s New Immigration Policy

September 3, 2012

Kansas Secretary of State Kris Kobach has filed a lawsuit challenging President Barack Obama’s new deportation deferment.

On June 15, 2012, President Obama implemented a deferment policy that will allow young, undocumented immigrants to stay in the United States for two years. Numbers USA, a group that advocates for minimizing immigration, is now funding Kobach’s lawsuit to challenge this policy.

The lawsuit claims that the policy puts immigration agents in an “untenable and a very difficult position.” Kobach elaborates that the immigration agents are “being ordered by their federal-appointee superiors to break federal law, or if they don’t break federal law, according to their orders they will be disciplined.”

The Obama administration claims that the policy is well within it’s power and discretion to enact. Critics argue that the decision should go through Congress, and that the policy is little more than a political stunt to court Hispanic voters. Notably, Kris Kobach is an informal adviser to Mitt Romney

How to Obtain a Temporary Visa to Work in the U.S. Virgin Islands

July 15, 2012

For non-U.S. citizens who wish to work temporarily within the U.S. Virgin Islands, there are various classifications of non-immigrant visas available. The regulations applicable to non-immigrant work visas within the U.S. Virgin Islands mirror those in effect for non-U.S. citizen workers on the mainland.

The type of visa necessary for a non-immigrant worker is dependent on the type of work the applicant will perform within the U.S. Virgin Islands. The many categories of work visas include H-2A Seasonal Agricultural Workers, and O-1 Individuals with Extraordinary Ability or Achievement.  Certain labor classifications also require a labor certification, meaning that the applicant’s perspective employer must obtain approval from the Department of Labor to hire the visa applicant.

Temporary worker applicants should apply at the U.S. Embassy within the country where they permanently reside. At the embassy, the consular officer will determine whether the applicant qualifies for the visa they applied for. Applicants should be sure to apply well in advance of their anticipated arrival date to allow for delays in the review process. For applicants age 14-79, the review process includes an interview by a consular officer. Applicants should allow ample time for delays in scheduling this interview. Applicants must provide a Form DS-160 (online non-immigrant visa electronic application), a passport, and a 2×2 photograph.

Depending on the type of visa requested, additional requirements and exceptions may apply. If an applicant is denied a visa, they will receive a reason for the denial.  Denied applicants may re-apply only if they can provide evidence to overcome the basis for the original refusal. Applications may be denied if the applicant did not provide all necessary documentation, or denial may be based on an applicant’s past behavior such as criminal activity.