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NEW DEVELOPMENTS ON IMMIGRATION LAW Extension of work authorization for TPS or DED recipients. TPS extended for Nicaragua and Honduras USCIS Issues Revised Employment Authorization Document USCIS Provides Guidance on Late Initial TPS Registration DHS Announces Elimination of Paper Arrival/Departure Form to Streamline Visa Waiver Program (VWP) Travel. Electronic System for Travel Authorization (ESTA) is an electronic travel authorization that all citizens of VWP countries must obtain prior to boarding a carrier to travel by air or sea to the US under VWP. Special Humanitarian Parole Program for Haitian Orphans Designation of Greece for the Visa Waiver Program Margaret Wong & Assoc article on Comprehensive Immigration Reform USCIS extends validity of EAD for Liberia under DED Greece designated as a Visa Waiver country USCIS Reminds Chilean Nationals of Immigration Benefits Available Statement by Deputy Press Secretary Matt Chandler
On 11/1/09, USCIS issued an update and Q&A on the recent revisions to Form I-693, Report of Medical Examination and Vaccination Record, and changes to the tuberculosis testing requirement for adjustment of status applicants
Question: USCIS Answer: For USPS Express Mail and Courier deliveries, use the following address: Interim employment documents provided for nationals of El Salvador New ICE Memo and Rescinded No-Match Rule Confirm Worksite Enforcement Strategy - Immigration and Customs Enforcement (ICE) confirms the shift in ICE's Worksite Enforcement Strategy. ICE formally rescinded its earlier "SSA No-Match Rule" on October 7, 2009, and in doing so provided further insights into its enforcement strategies targeting U.S. employers. White House will extend status of Liberians DHS Docket on No-Match Letters Document from the Federal Register CBP Reminds U.S.-Bound Travelers from Visa Waiver Program Countries of ESTA Requirement 2011 Diversity Immigrant Visa Program DHS Rescinds No-Match/Safe Harbor Rule Nonimmigrant Visa Electronic Application Guidance on Waiver Applications Federal Contractors required to use E-verify beginning September 8, 2009 DHS Proposes to Rescind No-Match/Safe Harbor Rule State and Local Immigration Enforcement New Curbs Set on Arrests of Illegal Immigrants Immigration Judges Found Under Strain Immigrant Participation in the Current Health Care System Diplomatic and Consular Information Diplomatic and Consular Information Comprehensive, Inclusive Immigration Reform: The Most Important Gift of All Federal Immigration Agents Breaking Into Homes Without Legal Authority Federal Contractor E-Verify: Officious Intermeddling and the Immigration Nanny-State Senate resists change on immigration Schumer: Immigration bill to be ready by Labor Day Countries No Longer on Skills List Countries on the 2009 Skills List H-2A and H-2B Eligibility Information Coast Guard Issues Final Rule Requiring Crewmember Identification Documents Immigrants Top Source of U.S. Army Recruits Revised Form I-9, Employment Eligibility Verification Effective USCIS Update for Revised Form I-9 Extensions for Conrad 30 and Religious Worker Programs Stay for P-1 Nonimmigrant Individual Athletes Processing of Initial Parole or Renewal Parole Requests Eliminating FBI Name Check Back Logs Pew Report Shines Light on Failed Immigration Policy Cleveland Swears In New Immigration Judge Committee Holds Nomination Hearing for Secretary-Designate Napolitano Notice for Travelers Entering U.S. from Canada via 'Ice Bridge' DHS Announces Interim Final Rule on Implementation of New Guam-CNMI Visa Waiver Program ESTA Approval Now Required of All VWP Visitors Northern Mariana Islands and Guam designated for VWP USCIS reaches H-2B cap for 2nd half of fiscal year 2009 Most Mexicans in U.S. Have No Thought of Returning Home AG Economist: Labor issues could affect food prices Friendship Park's intended purpose is lost in fog of border war New accessions pilot program authorized Confronting Racism in America article from ABC News Panel Discussion on the abuse of immigration law in counterrorism efforts from the Constitution Project AILA NSC liaison committee practice tip on biometrics appointments scheduling for reentry permits Observations on the e-verify experience in Arizona and recommended cusomter service Privacy Policy guidance memorandum ICE updates list of Student and Exchange Approved Schools Agreement on social security between the US and Czech Republic; entry into force Ciudad Juarez requires electronic DS-160 for all non-immigrant visa applicants H-2B count for 2nd half of fiscal year 2009 DHS designates Malta as vwp country USCIS automatically extends EADs for Salvadoran TPS beneficiaries Expanded visa services at US Embassy in Baghdad DHS Fnal Rule on 7 new VWP countries Extension of TPS for Nicaraguans and Hondurans DOS announces increase in student visas and enrollment Visa waiver countries must comply with ESTA as of 1/09 DOS final rule on loss of citizenship Overseas naturalization for military member's children Questions and Answers USCIS National Stakeholders Meeting, April 2008. Includes questions about Nationalization (N-400) I-751 procedure, Fees for Motion to Reopen (Asylum, refugee, &) Iraqui and Afgani refugees, how to revive an "old" approved I-730, derivative asylee I-485 fee, etc. New Guidance on CSPA (Child Status Protection Act) May 2008
Immigrating the Spouse and Children of Refugees/ Asylees. Tips for filing petitions and applications to the NBC (National Benefits Center). Department of State Final Rule on Electronic Non Immigrant Visas USCIS to Allow F-1 Students Opportunity to Request Change of Status DHS proposes Biometric Airport and Seaport Exit Procedures. Will receive comments. DHS March 2008 Annual Report on Legal Permanent Residents 2007 includes statistics. F-1 randomly selected for H-1B 30 days to adjust status from issuance of Receipt Notice. House of Representatives passes Religious Workers Visa Extension Act (seeks to eliminate or reduce fraud in this Special Immigrant category SEVP (Student and Exchange Visitor Program)
USCIS projected processing times for local offices Centralized Filing of DOL applications, PERMS (Atlanta) and H and other temporary work visas (Chicago). USCIS provides guidance on U Non Immigrant Petitions. USCIS reaches FY 2009 H-1B CAP 17 month extension of OPT - Optional Practical Training for Foreign Students Information on Revised Form I-601 (Waiver of Grounds of Inadmissibility). Information on revised instructions for I-129F (Petition for Alien Fiance). Visa Waivers
Biometrics / Background check
I-130 stand-alone filings (Feb. 2008) TPS Somalia : 18 month extension (March 2008) Federal Case Summaries (March 10, 2008)
Intercountry Adoptions
EAD (I-765) rejected if filed before 120 days prior to expiration. USCIS: Naturalization through military service. DHS begins collecting Fingerprints from international visitors at Boston Logan International Airport, some other airports scheduled to start soon. CBP: What a traveler should expect if chosen for inspection upon arrival to USA. USCIS Ombudsman Q&A regarding new naturalization test for applicants of a certain age. USCIS Ombudsman Q&A regarding N648 Medical Waivers. How to record departure if I-94 or I-94W was not requested ICE to resume deportations to Vietnam. USCIS Ombudsman: Upcoming teleconferences 01/31/08 and 02/18/08. Notice of US deposit of Instrument of Ratification of Hague Convention on Intercountry Adoption. See also Intercountry Adoptions: Guatemala new filings for intercountry adoptions may not be processed or approved until Guatemala changes infrastructure according to the Convention. State Department publishes final Passport Card Rule. New identification requirements for US Citizens, Canadians at port of entry, effective January 31, 2008. See also:
USCIS reminds employers to use New Form I-9. From AILA: regarding Labor Certification Expiration DHS: Notice for Illinois Employers about E-Verifiy. See also Westlaw article regarding same notice to Illinois Employers. USCIS extends suspension of Premium Processing for R-1 (Non-Immigrant Religious Worker) USCIS publishes interim rule regarding U visas. DOS publishes final passport rule DHS begins collecting 10 fingerprints from international visitors at Washington Dulles International Airport. See http://www.dhs.gov/xnews/releases/pr_1197300742984.shtm. According to a 4/19/04 Memo from Jayson Ahern of USCIS, Chilean and Singapore H-1B1 professionals may be admitted initally for a maximum of 1 year and may extend for one 1 increments indefinitely, as long as they continue to demonstrate that they do not intend to remain permanently. There is no "dual intent" provision. Sec. Chertoff advises in FBI name check clearance process DHS will terminate TPS for Burundi FBI Delays To End -- Immigration Daily has learned that the FBI name check delays that USCIS removes requirement that certain H an L nonimmigrant present I-797 receipt notice to preserve adjustment of status when reentering US Sneak Preview: New Natz. Test Testing a new citizenship test-Click here to read 144 sample questions for the new pilot test USCIS is rolling out a new citizenship test that raises the bar for US citizenship. You can see the new questions at their website, but in the meantime, here's what Novoye Russkoye Slovo, a Russian newspaper in New York, has to say about it (translation courtesy of the Independent Press Association of New York);
Success Stories... We are proud of a recent success for a Turkish citizen who retained us for her green card application under the EB2 classification. We started the labor certification case in March 2006 and the green card was received by the alien in January of 2007. Our client was very happy. Our clients traveled to India and applied for H-1B/H-4 visas. They had approval notices for their extension of status from CIS. However, they were told the visas could not be issued because background checks had not yet been completed. We subsequently filed a lawsuit against the US Department of State and the US Embassy in India seeking to compel them to adjudicate the visa applications. After filing the lawsuit, we were able to work with the Government to resolve the case. The H-1B and H-4 visas were granted in February 2007 and our clients have returned to the United States. Scott Bratton and Lori Pinjuh handled the case for our office. We were retained by a client who was applying for an H-1B visa in Damascus, Syria after his visa application had been pending for several months. We recommended filing in federal court in Wisconsin, which is where he resided and worked in H-1B status. After filing the lawsuit, out client was contacted by the Embassy and given a second interview. Less than two weeks later, his H-1B visa was granted, allowing him to return to the United States to resume his work. Scott Bratton handled the case for Margaret Wong and Associates. Naturalized US citizen, national of Mexico, married a Mexican citizen who is a mother of three daughters. In August 2006, he retained our law firm to file I-130/485 for his three new daughters, one of whom would turn 21 in March of 2007. Fortunately, all of them were under the age of 18 when the marriage took place. To avoid aging out, we sped up the process and filed in October as soon as we gathered all necessary supporting documents. One daughter received her green card in December but the other two daughters applications remained pending as of February 2007. Faced by the prospect of one of them turning 21 in weeks, we filed a writ of mandamus with the US District Court in March. USCIS soon issued interview notices but then cancelled the interview and issued green cards to both of them without interview. Immigration Reform: Brief Synthesis of Issue RN License Exam to be Offered in Manila, Philippines Permanent Foreign Labor Certification USCIS Introduces Change of Address Online Function to Web Interoffice Memorandum of USCIS clarifies that time spent as an H-4 and L-2 dependent does not count against the maximum allowable periods of stay available to principlas in H-1B and L-1 status. Click here to read full text. CBP Announces Expansion of NEXUS DOJ Semiannual Agenda Items Published Health and Human Services and Social Security Administration Issue Semiannual Regulatory Agenda DOL Semiannual Regulatory Review ICE Arrests 33 in connection with religious worker visa fraud scheme USCIS Announces Pilot of Redesigned Naturalization Test DHS Semiannual Regulatory Agenda-Proposed and Final Rules for CBP and ICE Congress Passes COMPETE Act Aimed at Allowing More Alien Athletes to Enter U.S. Immigrants Share the Fight in U.S. Military DOS Publishes Final Rule on Consular Interviews for NIV Applicants congress Approves Expanded Visa Access for Athletes State Department Issues Visa Reciprocity Changes Congress Passes Physicians for Underserved Areas Act Nursing and Physicians Relief for Disadvantaged Acts Extended Federal register Part XLIII Social Security Administration Semiannual Regulatory Agenda Congress Adjourns without enacting H-1B and EB relief, AILA looks to 2007 Frequently Asked Questions: Western Hemisphere Travel Initiative -Publication of the Air Travel Rule Western Hemisphere Travel Initiative Rule Outlines New Document Requirements for Air Travel Statement by Homeland Security Secretary Michael Chertoff on Security Improvements to the Visa Waiver Program USCIS Issues Questions and Answers for New Pilot Naturalization Exam The New York Times lead editorial of November 20, 2006 requests that the new leaders of Congress and Senate and President Bush follow the path of Senator's Kennedy and McCain to encourage immigration reform.
US Immigration and Customs Enforcement apprehended 154 criminal aliens, fugitives and other immigration violators in Ohio during an interior enforcement operation. See http://www.ice.gov/ for other news releases. The Visa Bulletins for each month are available on the US Department of State website. Please go to Visa Bulletin to view. USCIS Announces Reailgnment of Regional, District and Field Offices Full Text USCIS Announces Realignment of Regional, District and Field offices Statement-Premium Processing Approval Notices REAL ID Act Credibility Determination Provisions Inapplicable to Applications Filed Before May 11, 2005, BIA Rules AAO Overturns CIS Decision USCIS Announces Extension of Returning Worker Exemption to the H-2B Numerical Limitation SSA Amends Computer-Matching Program to Expand Sharing Authority |
