US State Department Significantly Increases Reciprocity Fees for Australian Nationals in Certain Visa Categories

Effective December 23, 2019, the Department of State (DOS) adjusted the reciprocity schedule for Australia for certain nonimmigrant visa categories. This change in the reciprocity schedule is a result of Executive Order 13780 (“Protecting the Nation from Foreign Terrorist Entry into the United States”), signed by President Trump in March 2017, that required the DOS to undertake a worldwide review of nonimmigrant visa reciprocity agreements and arrangements to ensure that US nationals receive “reciprocal treatment in terms of validities and fees as that afforded to host country nationals, as required by US law.”

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TIME: “US and Australia Might Be Close to a Deal on Refugee Swap”

The United States and Australia are arranging a deal to “swap” refugees from each country’s extraterritorial refugee centers. Australia has approximately 1,800 asylum seekers in camps on the islands of Nauru and Papua New Guinea, many of whom have fled conflict or extreme economic poverty from countries including Pakistan, Iraq, Iran, Sri Lanka, and Afghanistan. Critics have labeled these camps Australia’s “Guantanamo Bay,” and alleged that refugees have been mistreated in the camps. Australia announced at President Barack Obama’s global migration summit that it would exchange their own migrants for those in US-backed detention camps in Costa Rica.

The resettlement process will be administered with the United Nations refugee agency UNHCR, and US authorities will conduct their own assessment and review of refugees along with security checks. The need to resettle these refugees has become a priority for the Australian government because of Papua New Guinea’s order to close the Australian-run detention center and ruling stating that the refugees were held there illegally. Australia has a strict policy to never settle asylum seekers who arrive by sea, in order to deter human smugglers bringing over refugees to Australia by boat, typically from Indonesian ports. The refugee exchange with the US will be a way around this law, and will allow the government to deal with the refugees at these detention centers and potentially close them.   

Australian Prime Minister Malcolm Turnbull says that the responsibility to “stop the boats” has fallen to his government, and that this refugee swap wouldn’t be repeated or extended to asylum seekers not already in camps, although the Australian government has previously arranged with other foreign governments to accept asylum seekers. “Our priority is the resettlement of women, children and families. This will be an orderly process [and] it will not be rushed,” Turnbull says in the Wall Street Journal

UN Special Rapporteur on the Human Rights of Migrants Francois Crepeau, who says that refugees at the detention centers on Nauru have experienced cruel, inhuman, and degrading treatment or punishment, welcomes the refugee exchange with the US.  “We don’t know how it’s going to develop, but I certainly hope that it develops in a way that offers refugees and asylum seekers solutions, and if it succeeds at emptying Manus and Nauru, I think this will be a great achievement,” Crepeau tells reporters in Canberra, Australia.

The refugee agreement could potentially be opposed by President-elect Donald Trump, who during his campaign called for tighter immigration controls and spoke of banning Muslims from immigrating to the US. Mark Krikorian, executive director of the anti-immigration Center for Immigration Studies, predicts a "firestorm" of opposition from anti-immigration activists regarding the refugee exchange. "It's so difficult to justify," he tells Fairfax Media. "I don't expect any Republicans will defend it. I can't see a lot of Democrats defending it either. My sense is that when the word gets out on this, it'll be dead on arrival." Other governmental figures are more optimistic the deal will go through. Senior Australian government minister Christopher Pyne believes the deal can be finalized during Obama’s term. "There certainly is time—two and a half months is plenty of time—and if that's the case, it will be a great achievement for the Turnbull government," Pyne tells Nine Network television.

Regarding the pending deal, Amnesty International says in a statement that it is concerned about the lack of information provided by the Australian government around the timeline of the deal as the exact numbers of people who will be given the opportunity to settle in the US.

Immigrants in the Arts: Australian Playwright and Director Bryan Davidson Blue

One of our firm’s main practice areas is the O-1B nonimmigrant visa and EB-1 immigrant petition based on evidence of the beneficiary’s extraordinary ability in the arts. Many of our clients are international artists from all over the globe, seeking a means to expand their work into the United States, and specifically to move to and work in (either temporarily or permanently) one of the world’s great cultural capitals: New York City. One of the best ways to prepare for such a big move, in addition to speaking extensively to a qualified and experienced immigration attorney, is to read the accounts of those who have already gone through the process.

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My Favorite International City

It’s officially springtime (yes, difficult to believe with this cold and depressing weather) and it’s time to get really serious about planning summer vacations and getaways (if you haven’t already). For inspiration, we thought we’d share our favorite international cities.

Matt Bray – Montréal
Montréal wins my vote. It has always appealed to me and I try to visit whenever I can. Its people are fun-loving and kind, fiercely independent, and its streets and neighborhoods manageable and attractive. Montreal has a lot of hustle and bustle, but is not a teeming metropolis the way New York is. It has great nightlife, restaurants and a ton of cultural attractions while remaining affordable and unpretentious. And I’m lucky to have some friends who live there so I not only get a free place to stay, but also enthusiastic, local guides. Mere hours from NYC, Montreal can also sometimes feel like you’re in Europe, thanks to the strong Francophone community. And I love Québec French!

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Do’s and Don’ts of the E-3

Not too long ago, Lizzie B. created a wonderful chart highlighting some alternatives to the H-1B. In that post she covered the basics of the E-3: that it is for Australian citizens who are coming to the US to work in a professional job, that it is issued in two-year increments and that the Australian national must be getting paid a salary that is in line with what the Department of Labor (DOL) deems appropriate for the position. The E-3 is one of the easiest US visas to obtain. It is a fast process since the application can be made straight at the US Embassy/Consulate, and does not require piles of documents. Some employers choose to do the application themselves, and while most of the time everything goes well, sometimes things can go awry. I thought it might be helpful to create a list of do's and don’ts for the E-3 application to help avoid denials if employers are filing these themselves:

DO...

✔  BE AN AUSTRALIAN CITIZEN
The beneficiary of the E-3 application must be an Australian citizen with an Australian passport. People who live in Australia without having acquired citizenship are not eligible. The spouse and children of the principal beneficiary need not necessarily be Australian citizens in order to get the E-3 dependent visa (E-3D).

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Daily Telegraph: "26 Odd Things About Australia"

While those of us in the northeast United States were preparing for the somewhat lackluster winter storm Juno (at least in New York City—sorry New England), the land down under (including Protima, who is there on vacation) was celebrating Australia Day with parades, trips to the beach, barbecues, and other Australian-y type things. In honor of this day, The Daily Telegraph listed some interesting facts about this fascinating country:

  • In 1832, the world's first “flash mob” occurred at a Tasmanian prison when three hundred women convicts bared their buttocks at the visiting Governor during an assembly. "The convicts at the Cascades Female Factory collectively spun around, lifted their skirts and slapped their bottoms at the Governor, Sir John Franklin, his wife and the reverend William Bedford 'making a not very musical noise.'"
  • The adorable-looking platypus has venom strong enough to kill a small dog. The venom is delivered via small spurs on their back legs, so you probably shouldn't pick one up and try to pet them.
  • For a short period Melbourne was called Batmania after John Batman, who explored the area and negotiated a purchase of 2400 sq km from Wurundjeri elders.  The city was then renamed Melbourne after the British Prime Minister, William Lamb, Second Viscount Melbourne.
  • Lake Hillier on Middle Island is pink. Really pink. Although no one knows why, scientists speculate that the color comes from a dye created by bacteria that lives in the salt crusts.

As with Columbus Day in the Americas, many understandably reject Australia Day celebrations (often with protests). One is Chelsea Bond, whose mother is a fifth-generation Australian of English and Irish heritage and father a Munanjahli and an Australian-born South Sea Islander. She writes:

The disconnect I feel on the [sic] January 26 is not a rejection of my mother’s history. Rather, it is a rejection of the privileging of one version of history at the expense of another. I simply cannot be part of the collective amnesia that sweeps the nation on January 26 each year. This amnesia is evidenced in our current prime minister choosing the arrival of the First Fleet as the 'defining moment' of our national identity.

She encourages those celebrating the day to "take just a moment to consider the significance of that place you meet on, and not just since the arrival of the First Fleet."

Calling it Invasion Day, The Vine notes that civilization in Australia began some 40,000-60,000 years ago, and that many see Australia Day as a day celebrating devastation: "When a nation of custodians were plunged into violence, sickness, hunted into a cultural and physical near extinction with devastating systemic discrimination that continues to this day."

To that end, The Daily Life says: "Australia Day will always be a day of mourning for the First Peoples of this country, but it is possible to work towards a positive and more inclusive future."