Problems relating to Trade and Investment on United States
16. Employment |
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Issue |
Issue details |
Requests |
Reference |
| (1) Tightened Control over Visa Acquisition/ Renewal Procedures | - GOU compels applicant's existing the U.S. to 3rd countries for each visa renewal. This requirement burdens the applicants in discharge of their work responsibility, and schooling of their children. (expatriates' visa renewal requires temporary exiting to a 3rd country, with resulting problems over work and schooling of the accompanying children. (The problems occur only for expatriates with a long stay so that it fails to be recognised as problems.) - Expatriates/locally employed Japanese staff (existing the U.S. on business or temporary return to home country) must exit the U.S. for completing the visa application. This could disrupt business operation. - A Member Firm Subsidiary (MFS), adopting new graduates under H-1B Visa or F-1 OPT (Optional Practical Training), faces the annual count cap (which is currently extremely tight) on H-1B visa, so that filed application does not guarantee visa issuance. It materially jeopardises stable employment of requisite human resources. |
- It is requested that GOU dispenses with the requirement for temporary exiting to a 3rd country. - It is requested that GOU enable visa acquisition in the U.S., obviating the need for temporarily exiting the U.S. - It is requested that GOU expands the annual count cap. |
- Immigration and Nationality Act - The US-Visit Program - H1B Visa - E-1 E-2 Visa - DS-160 |
| (Info) - H-1B Fiscal Year (FY) 2014 Cap Season (USCIS) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4b7cdd1d5fd37210VgnVCM100000082ca60aRCRD&vgnextchannel=73566811264a3210VgnVCM100000b92ca60aRCRD) |
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| (Action) - In the U.S.-Japan Regulatory Reform Initiative, GOJ requested the U.S. to increase substantially the total H-1B visas issued, and to publish the standard time schedule delineated for disposal of visa applications. - On October 3, 2000, the U.S. Congress (House and Senate) approved the bill to expand the quota for issuance of the H-1B visa for aliens in specialty occupations. The quota for this visa will be increased from the current 11.5% to 19.5% in three years and will be valid for six years at maximum. Under a separate Act, it has now become possible for workers under H-1B visa to work at a different enterprise without waiting for completion of procedure at the U.S. Citizenship and Immigration Services (USCIS). This new law will encourage movement of such workers among the high-tech related industries. - In the Second Report to the Leaders on the U.S.-Japan Regulatory Reform and Competition Policy Initiative, May 23, 2003, GOU stated that renewal of business visas could be filed at the Headquarters of DOS in Washington, D.C., the U.S. Embassies in Canada, and Tokyo (USE Tokyo) and the U.S. Embassy or Consulate in Mexico. GOU stated further that reinforcement had been made at USE Tokyo for the staff in charge of Visa and that a more flexible treatment would be made both for the acceptance period and for the renewal period in an emergency. - On July 3, 2003, the U.S. Embassy in Japan introduced an oral interview system for virtually all non-immigrant visas, in exchange for such interview being exempted on the petition based visa applications at the time of filing applications. On the other hand, effective from August 2003, new applicants for L-visa (intra-company transferees), H-1B-visa (specialty occupations) and their family members have been exempted from an oral interview. Applicants for E-visa (resident expatriates) J-visa (company trainees) must still receive an oral interview. - On 7 July 2003, the U.S. DOS published Proposed Rule for amending regulations, requiring an oral interview, at USE Tokyo or at American Consulate General (Osaka-Kobe, or Naha) effective 1 August 2003. - In September 2003, GOJ ("METI") requested GOU to effect improvements to enable early issuance of visas. These include, among others, the following: reinforcement of staff in charge of interview, affording an adequate consideration to the applicants on the waiting list, construction of an electronic booking system on the web, increasing the venues for an oral interview, and expanding the visa categories for which an oral interview is exempted beyond F-visa. - Effective January 15, 2004, GOU introduced the "US-VISIT Program" for use in the entry procedure via air and sea, whereby visitors' biometrics (digital fingerscans and photographs) (the Biometrics) are collected and checked against a database of known criminals and suspected terrorists, in addition to the previous examination of visa and passport. The biometrics thus collected is electronically recorded into the database for checkup when the visitor exists the U.S. On 30 September 2004, the scope of the US-VISIT Program with the biometrics requirements was expanded to apply to all visitors to the U.S. in principle, including the short stay visitors for sight seeing. - The 3rd Report to the Leaders of the Japan-U.S. Regulatory Reform Initiative expressly states: "The Government of the United States has taken a number of steps to improve visa processing in Japan and North America." and "The Citizenship and Immigration Services Office of the Ombudsman (OCIS) within the Department of Homeland Security is exploring ways to improve the process of applying for extension of permission to stay. OCIS will continue to make efforts so that the processing period for applications to extend the period of permission to stay will be reduced for non-immigrant visa holders." - In July 2004, DOS discontinued the acceptance of visa renewal stamp by mail. - Effective July 2004, GOU compels both oral interview and the Biometrics to all visa applicants excluding "Applicants for (A) official visas, or (G) International Organization Officers visas" and "Applicants more than 80 years and less than 13 years". In addition GOU newly requires an oral interview for those applying for temporary professionals (H-1B), intra-company transferee (L), crew members (D) for the flights with Japanese or the U.S. flag, visa revalidation, and for those in the age brackets of more than 13 and less than 16 and more than 60 and less than 79. - Effective 16 July 2004, applicants for visa revalidation must exit the U.S. for an oral interview and the Biometrics at the U.S. Embassy outside the U.S., in lieu of the discontinued practice of "posting the request for visa revalidation by the U.S. mail". - Effective 26 October 2004, GOU requires acquisition of an entry visa also for any short stay visitor to the U.S. (including transit visitors) holding a non-machine readable passport. - DOS no longer renews the following visas: Transit (C), Treaty Trader (E), General Worker (H), Foreign Information Media (I), Intra-company transferee (L), Alien with extraordinary ability (O), and Internationally recognized athlete, artist and entertainer (P). - GOU indicates two choices for those who now stay in the U.S. and wish to renew the visa revalidation: (a) return to Japan and apply for revalidation at the U.S. Embassy in Japan, or (b) file application for revalidation at the U.S. Embassy in neighboring countries (Canada or Mexico). GOU has introduced a system for fixing appointment for an oral interview by internet. - In December 2005, GOJ made the following recommendations to GOU at Regulatory Reform And Competition Policy Initiative: 1) Resumption of visa revalidation by DOS, 2) Authorization of E-visa (traders, investors) revalidation in third countries, 3) Shortening of time required for revalidation and identifies the period between filing of applications to issuance of visas. 4) Execution of interview and the Biometrics by the U.S. Embassies in Sapporo, Nagoya and Fukuoka, 5) issuance of work visa with 5-year validity, 6) Deregulating the requirements for issuance of E-visas, such as certain service years in managerial position with flexible application, 7) Re-expansion of the H1-B Visa Issuance Quota per year, 8) Stopping the Bills (H.R.3322 and HR.3648) that aim at further tightening the issuance of H and L visas. 9) Improving the suspension of visa exemption to holders of non-machine readable passports. - In April 2007, GOU suspended acceptance of H-1B application on or after April 4 for the fiscal year 2008 (from October 2007 through September 2008), excepting for scholarship. - In United States-Japan Investment Initiative of 2007, GOJ requested GOU timely issuance and renewal of visas and also requested a status report on considerations to establish a procedure to revalidate E visas in nearby third countries. - On June 3, 2008, DHS released a new measure that requires visitors from the 27 Visa Waiver Program countries including Japan to apply for travel authorization online beginning middle of January 2009. DHS began its trial implementation on January 1, 2009. - Senators Chuck Grassley (R-Iowa) and Dick Durbin (D-Ill.) proposed a bill to toughen the H-1B visa and L-1 visa programs. - As of January 12, 2009, a valid Electronic System for Travel Authorization (ESTA) approval is required for short stay travelers to the U.S. from all Visa Waiver Program (VWP) countries to travel to the United States. - In "Japan-US Investment Initiative Report 2009" (July 2009) the U.S. side noted: "The validity of H-1B visas and their annual quotas are also controlled by the U.S. Congress. The law limits an H-1B nonimmigrant to a maximum length of stay of six years. The quota for the current fiscal year that began in October 2008 has still not been reached, thus there are still H-1B visas available. The United States government is aware of the Japan's interest in increasing the number of Japanese IT and other temporary workers authorized to work in the U.S. However, changing the temporary worker visa requirements and increasing the H-1B visa annual caps would require legislation." - On 9 May 2011, GOU sought public comment on the issues subject to review by Ministries and Agencies under Executive Order 13563 to dispense with or reduce unnecessary paperwork, including DOS Regulations on Non Renewal Of Work Visa in the U.S. The Department of State's "Regulatory Review under EO 13563 - Department of State Preliminary Plan" (DOS-2011-0079). - In March 2011, at Japan-USA Economic Harmonisation Dialogue, Japan Side presented: "U.S. Side resumes all visa renewal in the U.S. and the E-visa (Treaty Trader) renewal in a third country", as a matter of concern to Japan Side. |
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| (Improvement) - The visa sections of the U.S. Embassy in Tokyo and the U.S. General Consulate in Osaka have adopted acceptance of oral interview reservation by internet up to 3 months in advance, while DOS has reinforced the staff at the visa sections. Applicants may file their application at either place. - Reservation for oral interview can be made by internet and application for visa renewal is accepted at the U.S. Embassies and Consulates in Canada and Mexico. - DOS now exempts visa for certain Japanese nationals under "H" and "L" visa categories. - In "Japan-US Investment Initiative 2007 Report", GOU explained that collecting biometric data during the revalidation process is a legal requirement and that it is technically impossible to collect such data within the United States. The U.S. Embassy in Tokyo has been accommodating the travel needs of Japanese business applicants by maintaining an online visa appointment system that enables appointments to be made up to three months in advance. In The Sixth Report To The Leaders On The U.S.-Japan Regulatory Reform And Competition Policy Initiative, GOU announced: "DOS is exploring ways to expedite Investor/Trader E visa applications, including through an online visa application being piloted this summer, and make it possible for more posts to accept renewal applications from third country nationals ... DOS responded to the request by GOJ to expand visa services in Japan by starting non-immigrant visa processing at US Consulate General in Sapporo in April 2006 ... And began limited visa services at the U.S. Consulate in Fukuoka on May 9, 2007 ... Currently, most Japanese who require a visa and qualify for a visa receive their visa within one week of beginning the visa application process." |
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| (2) Disallowed Re-Issuance of Form I-94 Arrival- Departure Record upon Reentry After a Temporary Departure | - Upon temporary exit to Mexico or Canada, Form I-94 is returned to the holder on the spot without renewal. Non-collection of Form I-94 at the Immigration Wicket is the original rule in the case where the temporary exit destination is Mexico or Canada, consequently, obviating the need for reissuance of Form I-94 upon re-entry (to return from Canada or Mexico). Consequently, it seems temporary exit to (most convenient neighbouring) Canada or Mexico will not do good for Form I-94 renewal. | - It is requested that the DOS: -- continues with the going administrative practice of accepting visa renewal (Form I-94) in Canada or Mexico is meritorious to the applicant -- gives full instructions to officers at the Immigration Wicket of national borders and airport to assure the uniform treatment is given to exiting visa holders (including Form I-94). |
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| (Action) - In December 2005, GOJ requested that GOU would extend the terms of validity for I-94 (especially for E-visa). - In March 2011, at Japan-USA Economic Harmonisation Dialogue, Japan Side presented:"U.S. Side resumes accepting application for renewal or change of E-visa (Form I-94)", as a matter of concern to Japan Side. |
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| (3) Too Short Visa Validity | - The I-94 with the validity of 2-years is issued upon each entry for holders of E-visa, regardless of the remaining term of E-visa, while their accompanying family members have no need to travel outside the U.S. during the valid term of E-visa in many cases. In such cases, employers must incur additional cost and trouble of filing application for visa-extension for the accompanying family members of the expatriate under E-visa. - Validity of Form I-94 arrival/departure record under E-visa is short, only for 2-years. Therefore, expatriates and accompanying family members must return to home country, regardless of the business needs or otherwise, at heavy cost upon the expatriates, family members and employers. |
- It is requested that the DOS takes advantage of the E-visa under which I-94 valid for 2-years is issued regardless of the remaining term, to extend the effective E-visa validity. As far as employers are concerned, the longer the better the effective validity of E-visa is. - It is requested that GOU extends the Form I-94 validity to 5-years, the same as E-visa. |
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| (Action) - In March 2011, at Japan-USA Economic Harmonisation Dialogue, Japan Side presented: "GOU extends the validity of L-visa (intracompany transferee) based upon the principle of the reciprocity", as a matter of concern to Japan Side. |
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| (4) Arbitrary Nature of the Entry Documental Procedures | - Errors and inadequacies in examiner's disposal at the Immigration Wicket are noticeable such as those in the followings, limited only to the MFS's own experience: 1) An apparently incorrect date (a past date) is filled in. 2) Stay period is allowed only within the validity of the Passport. 3) Validity of Form I-94 is synchronised with the validity of an E-visa. 4) I-94 dates are different between the visa holder and his/her accompanying family members. 5) Filled in figures are almost illegible (so that in one case, DMV refused to accept application for Driver's Licence). 6) Incorrect Visa type is filled in on I-94. 7) Applicant is unduly held at the Immigration Wicket when the error was pointed out. These cases continue to occur in increasing numbers. It looks as if each immigration officer changes the law. It is beyond comprehension to the Japanese mentality. |
- It is requested that the GOU reviews the operational framework at the Immigration Wicket including the through orientation given to the officers at the Wicket, since employers must assume the costs required for the subsequent requisite corrections. | - Immigration and Nationality Act |
| (5) Restricted Stay of Accompanying Family Members | - The accompanying family members of an expatriate (AMFs) must leave the U.S. at the same time as the return of the expatriate to Japan. While it is understood that the AFMs' authorized stay in the U.S. is linked to the expatriate's work visa, nevertheless, the fact remains that the AFMs have a strong desire to leave the U.S. at the timing most suited to their individual situation. As it now stands, if AFMs stay in the U.S. after the return to Japan of the expatriate, it constitutes an illegal stay. Thus, either the employers or the AFMs are compelled to compromise against their original wishes.At present, enterprises are compelled to rotate staff by considering the schooling ages of AFMs for the candidate expatriate. | - While employers must give due consideration to the expatriate's accompanying AFMs beyond a certain age level, frequently, employers find themselves not in a position to listen to the wishes of AFMs. It is therefore much appreciated if GOU paves the way for AFMs to legally remain in the U.S. for a certain period after return to Japan of the expatriates. | - Immigration and Nationality Act |
| (6) Difficult Acquisition of Social Security Number (SSN) | - SSN Application follows the sequence of: (1) applicant hands out I-94 stub at Airport to Immigration Officer => (2) who inputs information on the stub (the Information) into the USCIS computer => (3) SSN Application gets accepted when the Information becomes accessible at SSN Office Computer. It takes about 1-2 weeks to get the Application accepted, and further 1-4 weeks for issuance of SSN. | - It is requested that the GOU cuts down the lead-time for the issuance of SSN, without which expatriates must put up with much inconvenience such as inability to open personal bank account, etc. | - Procedural Problems |
| (Action) - In October 2001, at the U.S.-Japan Regulatory Reform Initiative, GOU requested GOU to amend Regulations so that: 1) SSN is issued to those including the family members of Japanese expatriates who stay legally in the U.S.; 2) those who stay legally in the U.S. without SSN are not discriminated; and that 3) the U.S. establishes a consultative window at each local Social Security Administration (SSA) office. - The Illinois Congress passed the bill HB5320, enabling aliens lawfully entering the U.S. to obtain the Illinois driver's license. Previously, Illinois denied any alternative ID other than SSN for applicants to obtain the driver's license. - In December 2003, it was determined that the filing of application for Individual Taxpayer Identification Number (ITIN) that replaces SSN as personal ID is accepted once a year (during February through April). - In December 2005, GOJ made the following recommendations to GOU at Regulatory Reform And Competition Policy Initiative that GOU: 1) accepts application for ITIN outside the time frame for filing personal income tax returns, 2) causes the individual state authority determines the administrative procedural documents upon applicant's presentation of documents, etc. that the applicant is not qualified to obtain SSN, and 3) shortens the time required to obtain ITIN. - According to "the Sixth Report To The Leaders On The U.S.-Japan Regulatory Reform And Competition Policy Initiative" of June 2007, all Social Security Administration field offices began using a more efficient system of verifying immigration documents called the Electronic Additional Verification (EAV) process in order to improve social security number processing times. The EAV process has replaced the time-consuming, paper-based G-845 verification process and DHS now sends out EAV responses within 15 business days. The G-845 process is now only used when DHS is unable to verify documents via the EAV process. - According to the Sixth Report To The Leaders On The U.S.-Japan Regulatory Reform And Competition Policy Initiative of June 2007, as regards issuance of Social Security Numbers to Dependents of Employment Visa Holders, GOU recognizes an individual as eligible for a social security number if they have DHS work authorization or if they have a valid non-work reason for a social security number. - The Social Security Administration (SSA) and the Department of Homeland Security (DHS) began using an enhanced version of the Systematic Alien Verification for Entitlements (SAVE) program in February 2009, which will provide faster verification of alien status in some situations. "Eighth Report to the Leaders on the U.S.-Japan Regulatory Reform and Competition Policy Initiative" (July 2009). - According to the "Eighth Report to the Leaders on the U.S.-Japan Regulatory Reform and Competition Policy Initiative" (July 2009), "Whether SSA assigns SSNs to dependent children of temporary foreign workers is based on whether such dependents have work authorization from DHS. E-1, E-2, and L-2 dependent children are not allowed to work in the United States under DHS regulations. They may qualify for a non-work number under only very limited circumstances." - In March 2011, at Japan-USA Economic Harmonisation Dialogue, Japan Side presented: "GOU expedites issuance of Social Security Number (SSN) to allow expatriates to start up speedily their new life in the U.S.", as a matter of concern to Japan Side. - In March 2011, at Japan-USA Economic Harmonisation Dialogue, Japan Side presented: "GOU thoroughly disseminates the System on Issuance of SSN to the expatriate's spouse, and assures its uniform implementation and handling at Social Security Office Window," as a matter of concern to Japan Side. |
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| (Improvement) - "The Social Security Administration (SSA) has worked successfully with the American Association of Motor Vehicle Administrators (AAMVA) and with the Department of Transportation to eliminate requirements for a social security number (SSN) as a prerequisite to getting a drivers license in those situations where the applicants for the drivers' license are not eligible for an SSN." "Eighth Report to the Leaders on the U.S.-Japan Regulatory Reform and Competition Policy Initiative" (July 2009). |
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| (7) Irrational Time Limitations on Driver's Licence Acquisition For Foreign Transferees | - Under California Vehicle Code (CVC), persons starting residency or work in California must obtain driver's licence for motor vehicles within 10 days of starting residency or work in California. While this requirement can be satisfied by persons moving into California from other state by having his or her driver's licence rewritten, it is practically not possible in the case of persons moving in from other countries for want of requisite matters, including without limitation, social security number. On the other hand, international driving permit issued under the Geneva convention (IDP-GC) is valid for one year. | - It is requested that CVC is modified to permit acquisition of California driver's licence during the remaining validity period of the IDP-GC (without having to conform to CVC). | - Traffic Laws and Driving Rules in Georgia - California Driver Handbook-General Information, New Residents |
| (Action) - In March 2011, at Japan-USA Economic Harmonisation Dialogue, Japan Side presented: "GOU extends the validity of Driver's Licence for resident Japanese expatriates in order to alleviate their burden from frequent renewal of Driver's Licence", as a matter of concern to Japan Side. |
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| (8) Bidding War for Procurement of Human Resources | - Intense robbery prevails in the procurement of human resources with technology for Unity, Python Developer, etc. While the U.S. start-up operators can offer contingency fees in the form of Stock Option, etc., generally, the locally incorporated Japanese Affiliated Enterprises are unable to offer such benefits, and must face difficulty in procurement of human resources. | - It is requested that the GOU deepens its appreciation of the employment status around the Bay Area. | |
| (9) Absence of Age Limit Retirement System (ALRS) | - Absence of ALRS has narrowed room to adopt young human resources that shoulder the future, closing out opportunities for revitalising organisation from fluidity in management of human resources, ending up by organisational inertia. | - It is requested that GOU takes step to enable partial introduction of ALRS. | - Act to prohibit Age Discrimination in Employment |
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