Four Immigration-Related Programs Extended

President Obama signed into law last October 28 the 2010 Department of Homeland Security Appropriations Act which eliminates the so-called widow penalty and allows surviving family members to process their permanent residence applications to completion notwithstanding the death of their petitioner.

The new law also extends four immigration-related programs through September 30, 2012. These programs relate to the non-minister religious workers, the Conrad 30, the EB5 investor visa and the E verify.

Surviving spouses will be able to self-petition for their green card even though the marriage to the deceased U.S. citizen lasted for less than two years.

It will also allow surviving family members to continue the processing of their adjustment of status applications provided they were residing in the U.S. at the time of the death of the petitioner and that they continue to reside in the U.S.

The non-religious worker program provides for special immigrant status under the employment-based 4th preference category to those who work in a professional capacity in a religious vocation or occupation, or work in a religious vocation or occupation for an organization or its nonprofit affiliate.

The applicant should have been for the past two years a member of a religious denomination which has a bonafide non-profit religious organization in the U.S. and who has been carrying on the vocation, professional work or other work continuously for the past two years.

The Conrad 30 program grants each state the authority to issue waiver recommendation of the two year foreign residence requirement for 30 international medical graduates who serve in medically underserved areas.

Such waiver is needed to enable an international medical graduate to change to H-1B or adjust his/her status to permanent resident. The program, according to American Hospital Association, has been the “only source of healthcare” for more than 20 million Americans who live in underserved areas.

The EB-5 immigrant investor program refers to investors in regional centers designated by the United States Citizenship and Immigration Services (USCIS). These centers are entities that focus on specific geographic areas and seek to promote economic growth.

This fast way to obtain a green card requires a capital investment of $500,000 or higher in any of these regional centers. There are currently 45 centers and 3,000 visa numbers are reserved annually for the investors.

The E-verify is an electronic verification system used by employers to check the immigration status of newly-hired employees by accessing the files of the Social Security Administration and the Department of Homeland Security.

This controversial program has been criticized by immigrant advocates. Senator Robert Menendez opposed it in the past because of its tendency “to misidentify U.S. citizens and legal permanent residents and it can create a financial burden on small businesses.”