Proposed USCIS Policy Changes on Accrued Unlawful Presence for J, F, and M Visa Holders To Affect Filipinos

Filipinos working and studying in the United States under the J-1, F, and M nonimmigrant visas should take note of the proposed changes in the manner of calculating unlawful presence by USCIS.

The policy memorandum which was posted on May 11, 2018 s in line with President Donald Trump’s Executive Order: Enhancing Public Safety in the Interior of the United States and is set to take effect on August 9, 2018.

The policy amends Section 40.9.2 of the USCIS Adjudicator’s Field Manual by adding a section concerning F, J, and M nonimmigrants and the manner of calculating their unlawful presence.

          Under the policy memorandum, individuals in F, J, and M status who failed to maintain their status before Aug. 9, 2018, will start accruing unlawful presence on that date based on that failure, unless they had already started accruing unlawful presence, on the earliest of any of the following:

• The day after DHS denied the request for an immigration benefit, if DHS made a formal finding that the individual violated his or her nonimmigrant status while adjudicating a request for another immigration benefit;

• The day after their I-94 expired; or

• The day after an immigration judge or in certain cases, the Board of Immigration Appeals (BIA), ordered them excluded, deported, or removed (whether or not the decision is appealed).

Individuals in F, J, or M status who fail to maintain their status on or after Aug. 9, 2018, will start accruing unlawful presence on the earliest of any of the following:      

• The day after they no longer pursue the course of study or the authorized activity, or the day after they engage in an unauthorized activity;

• The day after completing the course of study or program, including any authorized practical training plus any authorized grace period;

• The day after the I-94 expires; or

• The day after an immigration judge, or in certain cases, the BIA, orders them excluded, deported, or removed (whether or not the decision is appealed).

Individuals who have accrued more than 180 days of unlawful presence during a single stay, and then depart, may be subject to three-year or 10-year bars to admission, depending on how much unlawful presence they accrued before they departed the United States. Individuals who have accrued a total period of more than one year of unlawful presence, whether in a single stay or during multiple stays in the United States, and who then reenter or attempt to reenter the United States without being admitted or paroled are permanently inadmissible.

Those subject to the three-year, 10-year, or permanent unlawful presence bars to admission are generally not eligible to apply for a visa, admission, or adjustment of status to permanent residence unless they are eligible for a waiver of inadmissibility or another form of relief.

Nonimmigrants holding F, J, or M as well as those who previously departed the United States are strongly advised to consult with a US immigration lawyer to verify their status or to clarify any questions that they may have.

Ryan Barshop

http://bridgewayimmigration.com/blog

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

Job Opportunities for Filipino Teachers in USA

Times in the United States have become more challenging for American teachers as more teachers protest low pay and education funding shortfalls. Moreso in Arizona where teacher pay is $10,000.00 less than the national average of $59,000.00. 

But what is too low for American teachers is a dream come true for Filipino teachers looking for U.S. Visas. At $40,000.00, the salary offered for teachers in Arizona is ten times more than what they would have made back in the Philippines doing the same job. 

The difficulties in finding American teachers to work for the pay offered has made school districts more creative and innovative in recruiting, looking to foreign teachers to fill the gap. The foreign teachers that the schools recruit enter and work temporarily under the J-1 visa, a visa that offers no path to citizenship. The J-1 visa for teachers lasts for three years, with the option to extend twice for one year. 

In 2017, more than 2,800 foreign teachers arrived in the United States under the J-1 visa. The top sender was the Philippines, sending 472 teachers under the J-1 visa, followed by Jamaica and China sending 324 and 321, respectively. 

School districts found it easy to find and recruit qualified teachers from the Philippines as they speak English, are willing to work and are purposefully trained to easily pass muster from licensing authorities in the United States. 

To qualify for a J-1 visa, candidates must: 

• Meet the qualifications for teaching in primary or secondary schools in their country of nationality or last legal residence; 

• Be working as a teacher in the home country or country of legal residence at the time of application, or, if not working as a teacher, otherwise meet the eligibility qualifications and (a) have recently (within 12 months of application) completed an advanced degree and (b) have two years of full-time teaching experience within the past eight years; 

• Have a degree-equivalent to a U.S. bachelor’s degree in either education or the academic subject field in which they intend to teach; 

• Have a minimum of two years (24 months) of teaching or related professional experience; 

• Satisfy the standards of the U.S. state in which they will teach; 

• Be of good reputation and character; 

• Be seeking to enter the United States for the purpose of full-time teaching as a teacher of record at a primary (including pre-kindergarten) or secondary accredited educational institution in the United States (pre-kindergarten teachers must teach full-time, and at the pre-kindergarten level, may teach only language immersion at an accredited host school); 

• Possess sufficient proficiency in the English language. 

In the Philippines, the applicant for a J-1 visa must have their documents processed in the Philippines Overseas Employment Administration so they can be issued an Overseas Employment Certificate, which serves as the Overseas Foreign Worker’s travel exit clearance at the airport and immigration centers. 

The documents required for processing are: 

• Passport 

• Work visa or work permit 

• Employment contract that has been verified or authenticated by the Philippine embassy or Philippine consulate in the country of destination. 

Aside from paying the fees, the applicant must also undergo a medical examination by a clinic or hospital accredited by the Department of Health and attend a pre-departure orientation seminar. 

Interested teachers should consult with a lawyer or an immigration consultant for more information on American immigration.

Ryan Barshop

http://bridgewayimmigration.com/blog

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.