Migrants lacking passports must now submit to facial recognition to board flights in US

The U.S. government has introduced a new requirement for migrants without passports to undergo facial recognition technology before taking domestic flights, leading to confusion among immigrants and advocacy groups in Texas. The change, whose exac...

AP
The U.S. government has started requiring migrants without passports to submit to facial recognition technology to take domestic flights under a change that prompted confusion this week among immigrants and advocacy groups in Texas.

It is not clear exactly when the change took effect, but several migrants with flights out of South Texas on Tuesday told advocacy groups that they thought they were being turned away. The migrants included people who had used the government's online appointment system to pursue their immigration cases. Advocates were also concerned about migrants who had crossed the U.S.-Mexico border illegally before being processed by Border Patrol agents and released to pursue their immigration cases.

The Transportation Security Administration told The Associated Press on Thursday that migrants without proper photo identification who want to board flights must submit to facial recognition technology to verify their identity using Department of Homeland Security records.


"If TSA cannot match their identity to DHS records, they will also be denied entry into the secure areas of the airport and will be denied boarding," the agency said.

Agency officials did not say when TSA made the change, only that it was recent and not in response to a specific security threat.

It's not clear how many migrants might be affected. Some have foreign passports.
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Migrants and strained communities on the U.S.-Mexico border have become increasingly dependent on airlines to get people to other cities where they have friends and family and where Border Patrol often orders them to go to proceed with their immigration claims.

Groups that work with migrants said the change caught them off guard. Migrants wondered if they might lose hundreds of dollars spent on nonrefundable tickets. After group of migrants returned to a shelter in McAllen on Tuesday, saying they were turned away at the airport, advocates exchanged messages trying to figure out what the new TSA procedures were.

"It caused a tremendous amount of distress for people," said the Rev. Brian Strassburger, the executive director of Del Camino Jesuit Border Ministries, a group in Texas that provides humanitarian aid and advocacy for migrants.

Strassburger said that previously migrants were able to board flights with documents they had from Border Patrol.
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One Ecuadorian woman traveling with her child told the AP she was able to board easily on Wednesday after allowing officers to take a photo of her at the TSA checkpoint.
H-1B visa application process: A step by step guide
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To get an H-1B visa, you need a company to sponsor you. If you're already in the US on a student visa, ask your employer if they can sponsor your H-1B. Otherwise, consult an immigration lawyer about your options.



Your sponsor can be your current or a new employer, as long as they're willing to support your application.
To get an H-1B visa, you need a company to sponsor you. If you're already in the US on a student visa, ask your employer if they can sponsor your H-1B. Otherwise, consult an immigration lawyer about ..
Read More

Every company who want to hire a foreign worker on an H-1B visa needs to first complete and submit a Labor Condition Application (LCA) to the US Department of Labor (DOL). This document is crucial and serves as a guarantee that the company will follow specific rules, such as paying the prevailing wage and not negatively impacting US worker opportunities.



However, before getting the LCA approved by the DOL, the company must go through certain mandatory steps. These steps involve providing details about the job, ensuring proper wage standards are met, and meeting legal requirements to protect the rights of both the foreign worker and US workforce.
Every company who want to hire a foreign worker on an H-1B visa needs to first complete and submit a Labor Condition Application (LCA) to the US Department of Labor (DOL). This document is crucial an..
Read More

To ensure H-1B visa workers aren't paid less than others doing similar jobs in the same area, the prevailing wage is used as a benchmark. This wage is confirmed by the state employment agency and should be met by the employer. If not, a wage determination is required.



There are three ways to find the prevailing wage:
1. National Prevailing Wage and Center (NPWC): This is the most reliable and recommended option - it offers "safe harbor status," meaning employers using the NPWC wage are less likely to face legal challenges related to underpaying workers.

2. Independent survey: An independent and credible source can conduct a wage survey to determine the prevailing wage.

3. Other legitimate sources: While possible, using other sources (besides the NPWC) is generally not advised due to potential legal risks.
To ensure H-1B visa workers aren't paid less than others doing similar jobs in the same area, the prevailing wage is used as a benchmark. This wage is confirmed by the state employment agency and sho..
Read More

Once the employer acquires the current prevailing wage, the next step involves submitting the Labor Condition Application (LCA) through the completion of Form ETA 9035, which is filed with the Department of Labor (DOL). This application must be electronically submitted using the Foreign Labor Application Gateway (FLAG) system.



The submission should not exceed a six-month timeframe from the commencement date of the employment period.

In cases where employers face physical disabilities or lack internet accessibility, an alternative option is available. They may seek permission from the Office of Foreign Labor Certification (OFLC) for special consideration to submit their ETA 9035 application by mail.
Once the employer acquires the current prevailing wage, the next step involves submitting the Labor Condition Application (LCA) through the completion of Form ETA 9035, which is filed with the Depart..
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After concluding the Labor Condition Application (LCA) process, the employer can move forward with the submission of the H-1B petition by completing Form I-129, officially known as the Petition for Nonimmigrant Worker. It is crucial for the employer to attach an employment letter containing precise details such as the position's duties, employment dates, comprehensive job description, offered salary, position requirements, and contact information.



Supporting documents for the foreign employee, including academic qualifications, training certificates, membership records, resume, and a letter of support, should be included.

The final stage in the H-1B visa application process involves monitoring the petition's status. This can be done by entering the receipt number into the USCIS website. As soon as USCIS processes and records your application, they will update the status on their system.
After concluding the Labor Condition Application (LCA) process, the employer can move forward with the submission of the H-1B petition by completing Form I-129, officially known as the Petition for N..
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After your I-129 is approved, you will receive Form I-797 Notice of Action and you are one step closer to completing the process. Based on weather you're in the Us or not at the time, your next steps will change.

After your I-129 is approved, you will receive Form I-797 Notice of Action and you are one step closer to completing the process. Based on weather you're in the Us or not at the time, your next steps..
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If you are currently in the United States, your immigration status will automatically shift to H-1B, and the USCIS will update your I-94 record to reflect this change. It's essential to refrain from engaging in any employment activities until your status has officially transitioned.



To obtain an H-1B visa stamp, the process involves submitting DS-160 and scheduling a visa stamping appointment within 90 days before your intended start of work in the US This option is applicable to individuals already holding a valid nonimmigrant status, such as O-1, J-1, or L-1 status.

Alternatively, if you are currently residing in the US, you can opt for consular processing. This route requires traveling back to your home country to get the visa stamped at the US embassy or consulate there. It's important to note that consular processing entails additional applications and documentation. Additionally, there is a chance of administrative processing, which may potentially cause delays in your employment commencement.
If you are currently in the United States, your immigration status will automatically shift to H-1B, and the USCIS will update your I-94 record to reflect this change. It's essential to refrain from ..
Read More

Applicants who submitted their application outside of the United States, will not only have to complete the DS-160 form but also schedule and attend an interview at a US embassy or consulate. Following the approval of the I-129 form, the next step is to submit a nonimmigrant visa application at a US embassy or consulate in one's home country.

This process requires specific documentation and a face-to-face interview at the embassy or consulate. Upon successful visa issuance post-interview, the individual becomes eligible to travel to the United States.

The granted visa serves as a valid travel document to enter the United States. However, approval to enter the country is still required upon reaching a port of entry. Additionally, each visa comes with an expiration date, necessitating entry into the US before this expiration. Upon arrival at the airport or border, permission from the US Customs and Border Protection (CBP) is required for admission to the United States as an H-1B visa holder.

Applicants who submitted their application outside of the United States, will not only have to complete the DS-160 form but also schedule and attend an interview at a US embassy or consulate. Followi..
Read More


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