Unemployment Compensation or Benefits on EAD? - Read this

If you ever wondered that getting Unemployment benefits on EAD or Green Card will make you ineligible for admission to US, Please read this. In general, lawful permanent residents who currently possess a "green card" cannot be denied U.S. citizenship for lawfully receiving any public benefits for which they are eligible.

Released April 29, 2011

Introduction

Public charge has been part of U.S. immigration law for more than 100 years as a ground of inadmissibility and deportation. An individual who is likely at any time to become a public charge is inadmissible to the United States and ineligible to become a legal permanent resident. However, receiving public benefits does not automatically make an individual a public charge. This fact sheet provides information about public charge determinations to help noncitizens make informed choices about whether to apply for certain public benefits.

Background

Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to permanent resident (obtaining a green card) is inadmissible if the individual "at the time of application for admission or adjustment of status, is likely at any time to become a public charge." If an individual is inadmissible, admission to the United States or adjustment of status will not be granted.

Immigration and welfare laws have generated some concern about whether a noncitizen may face adverse immigration consequences for having received federal, state, or local public benefits. Some noncitizens and their families are eligible for public benefits – including disaster relief, treatment of communicable diseases, immunizations, and children’s nutrition and health care programs – without being found to be a public charge.

Definition of Public Charge

In determining inadmissibility, USCIS defines “public charge”as an individual who is likely to become “primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.” See “Field Guidance on Deportability and Inadmissibility on Public Charge Grounds,” 64 FR 28689 (May 26, 1999). In determining whether an alien meets this definition for public charge inadmissibility, a number of factors are considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor, other than the lack of an affidavit of support, if required, will determine whether an individual is a public charge.

Benefits Subject to Public Charge Consideration

USCIS guidance specifies that cash assistance for income maintenance includes Supplemental Security Income (SSI), cash assistance from the Temporary Assistance for Needy Families (TANF) program and state or local cash assistance programs for income maintenance, often called “general assistance” programs. Acceptance of these forms of public cash assistance could make a noncitizen inadmissible as a public charge if all other criteria are met. However, the mere receipt of these benefits does not automatically make an individual inadmissible, ineligible to adjust status to lawful permanent resident, or deportable on public charge grounds. See “Field Guidance on Deportability and Inadmissibility on Public Charge Grounds,” 64 FR 28689 (May 26, 1999). Each determination is made on a case-by-case basis in the context of the totality of the circumstances.

In addition, public assistance, including Medicaid, that is used to support aliens who reside in an institution for long-term care – such as a nursing home or mental health institution – may also be considered as an adverse factor in the totality of the circumstances for purposes of public charge determinations. Short-term institutionalization for rehabilitation is not subject to public charge consideration.

Benefits Not Subject to Public Charge Consideration

Under the agency guidance, non-cash benefits and special-purpose cash benefits that are not intended for income maintenance are not subject to public charge consideration. Such benefits include:

* Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care and emergency medical services) other than support for long-term institutional care
* Children's Health Insurance Program (CHIP)
* Nutrition programs, including the Supplemental Nutrition Assistance Program (SNAP)- commonly referred to as Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs
* Housing benefits
* Child care services
* Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
* Emergency disaster relief
* Foster care and adoption assistance
* Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary or higher education
* Job training programs
* In-kind, community-based programs, services or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)
* Non-cash benefits under TANF such as subsidized child care or transit subsidies
* Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, and other forms of earned benefits
* Unemployment compensation

Some of the above programs may provide cash benefits, such as energy assistance, transportation or child care benefits provided under TANF or the Child Care Development Block Grant (CCDBG), and one-time emergency payments under TANF. Since the purpose of such benefits is not for income maintenance, but rather to avoid the need for ongoing cash assistance for income maintenance, they are not subject to public charge consideration.

Source

F.A.Q on AC21 portability and Similar Job Classification

Introduction

Section 106(c) of AC21, commonly known as the job flexibility provision, was enacted as Immigration and Nationality Act (INA) section 204(j). This portion of the INA is provided below for convenience:

A petition under subsection (a)(1)(D) [redesignated as (a)(1)(F)] for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.

This section of law allows certain aliens to change or port the offer of employment on which their adjustment of status application is based from one job to another job as long as both jobs are in the same or similar occupational classification. Within these questions and answers, the term “port” or “porting” means to change the offer of employment from one job to another job in a way that allows an applicant to remain eligible to adjust status without having to file a new I-140 immigrant petition. For an alien to change the offer of employment, his or her adjustment of status application, Form I-485, must have been pending with USCIS for 180 days or more.

Questions and Answers

Q1. What is an “occupational classification”?
A1. The Department of Labor (DOL) uses the Standard Occupational Classification (SOC) system to group and classify jobs and occupations. The purpose of the SOC system is to classify workers into occupational categories to organize occupational data. The SOC system covers all occupations where work is performed for pay or for profit. Occupations are categorized based on the type of work performed. Additionally, certain occupations are also classified based on the skills, education and training required to perform the job.

The SOC system is organized using codes, which generally consist of six numerical digits. For example, the SOC code for a stonemason is 47-2022.

• [47]-2022: The first two digits, “47” represent the major group, which includes all construction and extraction occupations.
• 47-[2]022: The third digit, “2” represents the minor group, which includes all construction trade workers.
• 47-2[02]2: The forth and fifth digits, “02” represent the broad occupation, which includes brickmasons, blockmasons, and stonemasons.
• 47-202[2]: The sixth digit, “2” represents the detailed occupation, which only includes stonemasons.

47-0000 Construction and Extraction Occupations
47-2000 Construction Trades Workers
47-2020 Brickmasons, Blockmasons, and Stonemasons
47-2022 Stonemasons

No occupation will be assigned to more than one category at the lowest level of the classification (sixth digit). A USCIS memo titled, Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313) (December 27, 2005 AC21 Memo) instructed USCIS officers to consider the Dictionary of Occupational Titles (DOT) code as part of the same or similar occupational classification analysis. The DOT has been replaced by the Occupational Information Network (O*NET) under the sponsorship of DOL’s Employment and Training Administration (ETA). The O*NET system relies upon the SOC codes.

Q2. How does USCIS determine what qualifies as a same or similar occupational classification?
A2. USCIS generally makes a determination as to whether one job is in the “same or similar” occupational classification as another by referring to the DOL’s SOC system. USCIS officers also consider multiple factors to conclude if two jobs are considered to be in similar occupational classifications for porting purposes (see above question for definition of “porting”). USCIS officers may compare factors including, but not limited to:

• The job duties of both positions
• The SOC code from the Immigrant Petition for Alien Worker (Form I-140) and the appropriate SOC code for the new position
• The wages associated with each position

USCIS officers will view the totality of the circumstances to determine if the two jobs are the same or similar for porting purposes.

Q3. Does USCIS only use the first two or the first three numbers of the SOC code to determine if two occupational classifications are same or similar?
A3. As noted above, USCIS does not use a simple numerical comparison of SOC codes to determine if two jobs are the same or similar. USCIS aims to determine in all cases whether a new position is in the same or similar occupational classification as the original job offer.

When referring to the SOC system, USCIS will analyze the SOC codes of the two jobs it is comparing. However, there is no hard and fast rule for matching any particular order of digits in two SOC codes.

In the example in Q.1, the “47” encompasses all construction and extraction occupations, which is a broad category and would not determine whether two jobs are similar. In this particular example, even matching additional digits of the SOC codes may not show whether or not two jobs are similar.

For example, the SOC code for a stonemason is 47-2022. The job description for a stonemason is:

Build stone structures, such as piers, walls, and abutments. Lay walks, curbstones, or special types of masonry for vats, tanks, and floors.

The SOC code for a boilermaker is 47-2010, which contains the same first four numbers of the stonemason’s SOC code (47-20). However, the job description for a boilermaker is significantly different from that of stonemason:

Construct, assemble, maintain, and repair stationary steam boilers and boiler house auxiliaries. Align structures or plate sections to assemble boiler frame tanks or vats, following blueprints. Work involves use of hand and power tools, plumb bobs, levels, wedges, dogs, or turnbuckles. Assist in testing assembled vessels. Direct cleaning of boilers and boiler furnaces. Inspect and repair boiler fittings, such as safety valves, regulators, automatic-control mechanisms, water columns, and auxiliary machines.

Q4. The December 27, 2005 AC21 Memo states that a discrepancy between the wages of two jobs may be used to decide if the two positions are the same or similar, but the memo also states that a difference in the wages of the two jobs cannot be used as the sole basis for denial in adjustment of status portability cases. Can USCIS provide further explanation on how wages are used to determine whether two jobs are in the same or similar occupational classification?
A4. Section I, Question 3 from the December 27, 2005 AC21 Memo provides USCIS officers with the flexibility to consider a “substantial discrepancy” in the wages offered in two positions to assist them in deciding if the two jobs are in the same or a similar occupational classification. A “substantial discrepancy” in the wages of the two jobs may be a contributing factor in a denial when the evidence is considered in its totality. However, a USCIS officer should not deny a case solely because a second position pays more or less than the original.

Section 1, Question 5 from the December 27, 2005 AC21 Memo references a “difference” in the wages to inform both USCIS officers and the public that a difference in wages should not be used as the sole basis for a denial. This means there can be an allowance for normal raises that occur through the passage of time to account for inflation and other factors such as higher rates of pay in different metropolitan locations.

Q5. Can I accept a different position or receive a promotion from my employer and remain eligible to adjust my status to permanent residence?
A5. USCIS will evaluate these situations on a case-by-case basis. The job duties for each position, the SOC codes for each position, and any differences in the wages will be the determining factors as to whether you remain eligible. Regardless of whether the new job is considered a demotion, a lateral move or a promotion within the company for which the beneficiary is employed, the job duties must be sufficiently similar. USCIS officers will view the totality of the circumstances in light of the congressional intent, expressed in INA section 204(j), as enacted by 106(c) of AC21, to facilitate job mobility within the same or similar occupational classification for qualifying aliens with long-pending adjustment applications.

Last updated:04/07/2011

Source - USCIS

USCIS to Issue Employment Authorization and Advance Parole Card on a Single Card

Introduction

U.S. Citizenship and Immigration Services (USCIS) today announced that it is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485.

Questions and Answers

Q1. How is this card different from the current Employment Authorization Document (EAD)?
A1. The card looks similar to the current Employment Authorization Document (EAD) but will include text that reads, "Serves as I-512 Advance Parole". A card with this text will serve as both an employment authorization and Advance Parole document.

Employers may accept this card as a List A document when completing the Employment Eligibility Verification, Form I-9.

Q2. Why did USCIS combine these benefits in one card?
A2. With the new card, adjustment of status applicants no longer will have to carry both an EAD and a separate paper Advance Parole document while awaiting adjudication of their Form I-485 applications. Instead, applicants only will have to carry this one credit card-sized card. The new card is more secure and more durable than the current paper Advance Parole document.

Q3. How do I receive the EAD and Advance Parole card?
A3. You may receive this card when you file an Application for Employment Authorization, Form I-765, and an Application for Travel Document, Form I-131, concurrently with or after filing an Application to Register Permanent Residence or Adjust Status, Form I-485. You must file the Forms I-765 and I-131 at the same time in order to receive an EAD and Advance Parole card. Please ensure that you enter your name and address identically on Forms I-765 and I-131 that you file concurrently in order to receive the new card.

Q4. If I receive this card, does that guarantee my re-entry into the United States if I travel?
A4. No. This card authorizes parole, not admission, to the U.S. Parole is not an admission or "entry". If you obtain this card, you may use it to travel abroad and return to the U.S. Upon arriving at a port-of-entry, you should present the card to a Customs and Border Protection (CBP) Officer to request parole. Issuance of an Advance Parole document does not guarantee that CBP will parole you into the U.S. If parole is granted, you will be permitted to come into the U.S. as a parolee, but will not have been 'admitted". Individuals who have been unlawfully present in the U.S. and subsequently depart and seek re-entry through a grant of parole may be inadmissible and ineligible to adjust their status.

Q5. How much does this card cost?
A5. If you submitted an application for adjustment of status on or after July 30, 2007 (or on or after August 18, 2007, for employment-based cases), you will pay only one fee to file Form I-485, Form I-765 and Form I-131. The fee for Form I-485 is $1,070, ($985 plus $85 biometric fee), and there is no separate fee for Forms I-765 and I-131 associated with a Form I-485. For those cases that were filed under the old fee structure, the costs for this card will equal the combined costs of filing Forms I-131 and I-765, which is a total of $740. Visit www.uscis.gov/fees for more information.

Q6. How long is this card valid?
A6. Based on the availability of an immigrant visa, USCIS will issue this card for a period of one or two years. USCIS may also in its discretion issue the card for a longer or shorter validity period, depending on the particulars of the case.

Q7. What if I already have an EAD or an Advance Parole document?
A7. If your Advance Parole document and EAD card have different expiration dates, you may only receive this card if both documents have less than 120 days of validity left, or if the EAD has less than 120 days of validity left and the Advance Parole document is for a single entry only. If you decide to file for this card by filing Forms I-765 and I-131 simultaneously, do not apply more than 120 days before your current EAD expires. The validity period for the EAD and Advance Parole card will begin on the date of the adjudication of the Forms I-765 and I-131.

Q8. Will USCIS still issue separate EAD and Advance Parole documents?
A8. Yes. USCIS will continue to issue separate EAD and Advance Parole documents as warranted. For example, you will receive an EAD without permission to travel if you do not request Advance Parole or if your Form I-765 is approved but your Form I-131 is denied.

Q9. If I lose or damage this card, how do I get another one?
A9. To obtain a replacement card, you must file the Application for Employment Authorization, Form I-765, and Application for Travel Document, Form I-131, concurrently, with the appropriate fee of $380 for the I-765 and $360 for the I-131. Although individuals who file under the current fee structure obtain their first card at no cost, they are required to pay the current application fee(s) for any card that USCIS replaces due to loss, negligence or damage. Visit www.uscis.gov/fees for more information.

Q10. Is this card available to anyone?
A10. No. This card is only available to certain individuals who have pending family or employment based Forms I-485.

Q11. What does this card look like?

A11.

To learn more about USCIS and its programs, visit www.uscis.gov or call the USCIS National Customer Service Center at 1-800-375-5283 or 1-800-767-1833 (TTY).

Source

Welcome to US Non-Immigrants Blog

This is a new blog that will cover latest on the following Non-immigrant visas.

• B-1/B-2 - Temporary visitor for business or pleasure
• C - Transit through the United States
• D - Crew (airline/ship)
• E-1/E-2 - Treaty Trader/Investor Visa
• E-3 - Specialty Work Visa
• F - Student (academic or language program)
• H - Individuals in specialty occupations (e.g. nurses)
• I - Journalists
• J - Exchange visitors
• K - Fiancé(e) of U.S. citizen - while technically a non-immigrant visa, the processing of this category actually falls under immigrant visas
• L - Intra-company transfer
• M - Student in vocational or recognized non-academic program
• O - Individuals with extraordinary abilities in sciences, arts, education, business, athletics
• P - Internationally recognized athlete or member of internationally recognized entertainment group
• Q - Participants in an international cultural program
• R - Religious workers
• Official and Diplomatic visas
• I-485/I-140/AOS/EAD – Though this is an immigrant application, but is of an interest to all non-immigrants

I will post latest news related to above visas here and would share my perspective on the news.