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Tuesday, January 24, 2006

GOP Says Yes To Guestworker Program - 01/24/06
According to a Washington Times report, the Republican National Committee voted to support President Bush's guestworker program, with only one member vote opposing the resolution. The unifed front paves the way for President Bush to move forward with comprehensive immigration reform initiative as the Senate considers immigration reform when it reconvenes this month. [ more ]

Friday, January 20, 2006

Presidential Determination for FY 2006 Refugee Admissions - 01/20/06
The President signed the Presidential Determination (PD) establishing Refugee Admissions levels for FY 2006 on October 24, 2005. The text of the Presidential Determination follows. [ more ]

Thursday, January 19, 2006

DOS Advises on Fulfillment of J-1 Two Year Requirement by EU Nationals - 01/19/06
Recent reports have indicated that EU nationals in J nonimmigrant status may be able to fulfill the two year home-country residence requirement in any EU country. In response to these reports, the Visa Office's J Waiver Division has provided the DOS Liaison Committee with clarification of prevailing policy: Since the INA requires two years in the individual's country of nationality or legal residence, and the EU is not a country, the option of returning to any of the EU countries is not acceptable. European nationals must fulfill the two year requirement in their country of nationality or legal residence.
[ more ]

DHS to Begin Testing of Electronic Passports - 01/19/06
On January 13, 2006, the Department of Homeland Security announced that it would begin testing e-passports with chips containing biographic and biometric information at Terminal G of San Francisco International Airport. The testing began on January 15, 2006. [ more ]

USCIS Reaches H-1B Exemption Cap For Fiscal Year 2006 - 01/19/06
USCIS announced yesterday that it has received enough H-1B petitions that qualify for the exemption from the H-1B numerical limitations for foreign workers with a U.S.-earned master's or higher. The "final receipt date" for these 20,000 cap-exempt H-1B petitions is January 17, 2006. [ more ]

USCIS Extends Validity of Medical Certifications on Form I-693 - 01/19/06
In a memorandum issued January 11, 2006, Michael Aytes, Acting Associate Director for Domestic Operations at USCIS, announced that USCIS has temporarily extended the validity of civil surgeon endorsements on Form I-693 for certain adjustment of status applicants. A copy of the memorandum can be viewed below. [ more ]

Wednesday, January 11, 2006

Attorney General Issues Memorandum to Immigration Judges - 01/11/06
In a January 9, 2006, memorandum to Immigration Judges, Attorney General Alberto Gonzales directs the development of a comprehensive review of the immigration courts, including the quality of work and the manner in which it is performed. [ more ]

Department of Labor (DOL) confirms that RIR conversion procedures - 01/11/06
In an e-mail message to AILA DOL Liaison Chair, the DOL has confirmed that the RIR conversion procedures announced in 2001 may be applied to traditional labor certification cases now pending at the Backlog Elimination Centers. Please click on more for a summary of the conversion process.
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Tuesday, January 10, 2006

Federal District Court upholds the sponsored alien's right to recover money from her sponsor - 01/10/06
A Federal District court in Fort Wayne, Indiana has upheld the sponsored alien's right to recover money from her sponsor awarding her almost $19,000. Stump v. Stump, 2005 U.S. Dist. LEXIS 26002 (October 25, 2005) [ more ]

Department of Labor (DOL) has stated affirmatively that motions to reconsider - 01/10/06
(MTRs) are being accepted. The DOL recommends that MTRs be submitted in order to handle minor non-substantive errors with labor cert applications. Current turnaround times for response to MTRs have not yet been provided (though we have heard anecdotal reports of some MTR approvals) because DOL is finalizing the procedures, personnel, and templates for the MTR process to take full effect. [ more ]

Monday, January 9, 2006

President Signs Bill Containing VAWA 2005 Provisions - 01/09/06
President Bush, on 1/5/06, signed into the Violence Against Women and Department of Justice Reauthorization Act of 2005 (H.R. 3402). Public Law Number 109-162. [ more ]

USCIS Issues E-3 Specialty Occupation Worker Guidance - 01/09/06
USCIS press release provides information on the eligibility requirements and documentation needed for individuals wishing to either change their nonimmigrant status to that of an E-3 worker or to extend their E-3 status. This applies to Citizens of Australia. [ more ]

Thursday, January 5, 2006

Backlogged Application Receipt Dates - 01/05/06
The document found at the link below was created to help employers who have applied for Permanent Foreign Labor Certification prior to March 28, 2005 find out when their applications arrived at a backlog processing center. In order to learn when a specific case was received by a backlog center, first locate the state where the Permanent Foreign Labor Certification application was submitted. Then, in the next column, marked Filing Date Range, find the dates between which the application's filing (or priority) date falls. To the right of this column is the Date Received column, which shows the exact date that applications within a specific priority date range arrived at the backlog center. The last column, entitled Backlog Center, shows what center received that particular shipment. [ more ]

Wednesday, January 4, 2006

Administrative appeals Office Processing Times Report - 01/04/06
Estimated processing times for various filing types at the Adminstrative Appeals Office. Timing is from the date the file is received by AAO from the office that rendered the decision, NOT from the time the appeal is filed. [ more ]

California District Court enterer a permanent injunction against DHS - 01/04/06
A California District Court entered a permanent injunction requiring the DHS to issue documentation of lawful status within a set time period after a class member appears at their local USCIS office and requests documentation. This is the court order.Santillan v. Gonzales: Permanent Injunction [ more ]

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