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Friday, January 28, 2005
Do You want to Know how long it is taking to Process your case? - 01/28/05
Check out the updated processing times for the various Immigration Service Centers. [ more ]
CSC Advises on Schedule A/Labor Certification-Based I-485s - 01/28/05
RFE's will continue to be issued on Schedule A cases lacking the CGFNS certificate. However, if the case is shelved due to visa retrogression, an RFE will not be issued until the visa number becomes current. [ more ]
USCIS Establishes an Investor and Regional Center Unit - 01/28/05
Effective 1/19/05, the USCIS memo provides, policy and regulation development, field guidance, form design, case auditing, and training regarding Regional Center adjudications and associated investor petitions within the EB-5 Investor Program, shall reside with PRD/Investor and Regional Center Unit (IRCU). [ more ]
DHS Publishes Proposed Regulations with Major Changes to the H-2B Process - 01/28/05
The Department of Homeland Security and Department of Labor concurrently published rules substantially changing the H-2B petition process to make it a “one-step.” The proposed rules require electronic filing and eliminate the labor certification application requirement. The DOL will retain audit authority and responsibility. Comments are due on or before 2/28/05.
[ more ]
Wednesday, January 12, 2005
Attorney Steven N. Garmo attended the public briefing in Chicago on using the new permanent foreign labor certification system - 01/12/05
During the briefings, the Department provided an update on backlog reduction efforts. The regulation to implement the re-engineered permanent foreign labor certification program (PERM) was published in the Federal Register on December 27, 2004, with an effective date of March 28, 2005. [ more ]
Friday, January 7, 2005
First Circuit Strikes Down Regulation Barring Parolees Who Are - 01/07/05
In a landmark decision, the Court of Appeals for the First Circuit on January 5, 2005, ruled that 8 C.F.R. § 245.1(c)(8) was invalid because it was inconsistent with the clear intent of Congress in INA § 245(a) to allow parolees to adjust status. [ more ]
Thursday, January 6, 2005
DHS Completes Expansion of US-VISIT at the 50 Busiest Land Ports - 01/06/05
On January 3, 2005, DHS issued a press release announcing that its expansion to the 50 busiest land ports was completed on December 29, 2004. US-VISIT procedures apply only to foreign visitors traveling with visas or passports who must be processed in the secondary inspection areas. Canadian citizens and most Mexican BCC visitors are exempt. [ more ]
ICE and EOIR Jointly Publish Final Rule on Countries to Which Foreign Nationals May Be Removed - 01/06/05
A final rule published jointly by ICE and EOIR yesterday amends the regulations to provide new procedures for designation and determination of a country for removal. The new procedures also state that acceptance by a country is not required for removal to that country, and that the determination of a "country" does not require the existence or functionality of a government in that country. (69 FR 661, 1/5/05). [ more ]
H-2B Cap Reached on January 3, 2005 - 01/06/05
In a January 4, 2005 press release, USCIS announced that by January 3, 2005, it had received sufficient numbers of H-2B petitions to reach the FY05 H-2B cap of 66,000. Therefore, any cap-subject H-2B petitions received after January 3, 2005 will be rejected. The next available start date for cap-subject H-2B petitions is October 1, 2005. [ more ]
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